Documents pertaining to procurements CN3761420 and CN3831540
Dear Commonwealth Ombudsman,
This is a request for documents. You are welcome to grant access to the documents pursuant to an administrative release. Otherwise, this request for documents should be construed as a request for documents under the FOI Act.
Documents may be provided in digital format (e.g. .pdf, .doc, .docx, and other generally accessible formats) by return email.
A
I refer to Contract Notice CN3831540 on the AusTender website. The supplier is Technology One Limited (ABN: 84 010 487 180).
The procurement was the subject of an open tender process.
A level of documentation commensurate with the scale, scope and risk of the procurement must be maintained.
I request access to the following documents:
a) the written document (or documents) setting out the contract associated with CN3831540; and
b) any purchase orders associated with CN3831540; and
c) any “request documentation”, as that term is defined in the Commonwealth Procurement Rules, associated with CN3831540.
B
I refer to Contract Notice CN3761420 on the AusTender website. The supplier is Technology One Limited (ABN: 84 010 487 180).
The procurement was the subject of an limited tender process.
A level of documentation commensurate with the scale, scope and risk of the procurement must be maintained.
I request access to the following documents:
a) the written document (or documents) setting out the contract associated with CN3761420; and
b) any purchase orders associated with CN3761420; and
c) any “request documentation”, as that term is defined in the Commonwealth Procurement Rules, associated with CN3761420; and
d) a rule 10.5 report setting out i) the value and type of goods and services procured, and ii) a statement indicating the circumstances and conditions that justified the use of limited tender, and iii) a record demonstrating how the procurement represented value for money in the circumstances.
D
Ombudsman reference: FOI-2022-10020
Dear D
I refer to your Freedom of Information request below. I apologise for the delay in acknowledging receipt of your request.
Your request includes documents which contain information concerning an organisation’s business or professional affairs. I have decided to consult this organisation under s 27 of the FOI Act before making a decision on the release of the documents.
For this reason, the period for processing your request has been extended by 30 days to allow time to consult (see s 15(6) of the FOI Act). The processing period for your request will now end on 6 April 2022.
The consultation mechanisms under ss 27 applies when we believe the organisation concerned may wish to contend that the requested documents are exempt for as disclosure may adversely affect their business or financial affairs. We will take into account any comments we receive but the final decision about whether to grant you access to the documents you requested rests with the Office.
If you have any questions, you may contact me via email at [email address] or via telephone on 1300 362 072.
Sincerely,
Caitlin Christie
[she/her]
Paralegal | Legal Team
Commonwealth Ombudsman
Ph: 1300 362 072 | Fax: 02 6276 0123
Email: [CO request email]
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional owners of country throughout Australia and their continuing connection to land, culture and community. We pay our respects to elders past and present.
-----Original Message-----
From: D <[FOI #8372 email]>
Sent: Saturday, 5 February 2022 11:13 PM
To: FOI requests at CO <[CO request email]>
Subject: [External] Freedom of Information request - Documents pertaining to procurements CN3761420 and CN3831540
Dear Commonwealth Ombudsman,
This is a request for documents. You are welcome to grant access to the documents pursuant to an administrative release. Otherwise, this request for documents should be construed as a request for documents under the FOI Act.
Documents may be provided in digital format (e.g. .pdf, .doc, .docx, and other generally accessible formats) by return email.
A
I refer to Contract Notice CN3831540 on the AusTender website. The supplier is Technology One Limited (ABN: 84 010 487 180).
The procurement was the subject of an open tender process.
A level of documentation commensurate with the scale, scope and risk of the procurement must be maintained.
I request access to the following documents:
a) the written document (or documents) setting out the contract associated with CN3831540; and
b) any purchase orders associated with CN3831540; and
c) any “request documentation”, as that term is defined in the Commonwealth Procurement Rules, associated with CN3831540.
B
I refer to Contract Notice CN3761420 on the AusTender website. The supplier is Technology One Limited (ABN: 84 010 487 180).
The procurement was the subject of an limited tender process.
A level of documentation commensurate with the scale, scope and risk of the procurement must be maintained.
I request access to the following documents:
a) the written document (or documents) setting out the contract associated with CN3761420; and
b) any purchase orders associated with CN3761420; and
c) any “request documentation”, as that term is defined in the Commonwealth Procurement Rules, associated with CN3761420; and
d) a rule 10.5 report setting out i) the value and type of goods and services procured, and ii) a statement indicating the circumstances and conditions that justified the use of limited tender, and iii) a record demonstrating how the procurement represented value for money in the circumstances.
D
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8372 email]
Is [CO request email] the wrong address for Freedom of Information requests to Commonwealth Ombudsman? If so, please contact us using this form:
https://aus01.safelinks.protection.outlo...
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
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Caution: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe.
The Office of the Commonwealth Ombudsman acknowledges the traditional owners of country throughout Australia and their continuing connection to land, culture and community. We pay our respects to elders past and present.
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COMMONWEALTH OMBUDSMAN - IMPORTANT CONFIDENTIALITY NOTICE
This e-mail message or an attachment to it is confidential, and it is intended to be accessed only by the person or entity to which it is addressed.
No use, copying or disclosure (including by further transmission) of this message, an attachment or the content of either is permitted and any use, copying or disclosure may be subject to legal sanctions. This message may contain information which is:
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Ombudsman reference: FOI-2022-10020
Dear D
I am writing to request your agreement to an extension of time to process your below Freedom of Information request received on 5 February 2022. The extension of time is request is made under s 15AA of the Freedom of Information Act 1982 (the FOI Act).
I seek your agreement to a 14 day extension of time in this matter, where the new due date for a decision on your request would be 20 April 2022. Currently, a decision on your request is due on 6 April 2022.
Material within the scope of your request includes the head agreement between Technology One Limited and the Department of Industry, Innovation and Science. Pursuant to the terms of that agreement, Technology One has requested additional time to consult the Department to provide our Office with their submissions in respect of material relevant to that agreement.
For this reason, I will need additional processing time once the submissions have been received to prepare my decision.
If possible, I would appreciate your response by 1 April 2022.
Sincerely,
Caitlin Christie
Paralegal
Legal Team
Office of the Commonwealth Ombudsman
-----Original Message-----
From: D <[FOI #8372 email]>
Sent: Saturday, 5 February 2022 11:13 PM
To: FOI requests at CO <[CO request email]>
Subject: [External] Freedom of Information request - Documents pertaining to procurements CN3761420 and CN3831540
Dear Commonwealth Ombudsman,
This is a request for documents. You are welcome to grant access to the documents pursuant to an administrative release. Otherwise, this request for documents should be construed as a request for documents under the FOI Act.
Documents may be provided in digital format (e.g. .pdf, .doc, .docx, and other generally accessible formats) by return email.
A
I refer to Contract Notice CN3831540 on the AusTender website. The supplier is Technology One Limited (ABN: 84 010 487 180).
The procurement was the subject of an open tender process.
A level of documentation commensurate with the scale, scope and risk of the procurement must be maintained.
I request access to the following documents:
a) the written document (or documents) setting out the contract associated with CN3831540; and
b) any purchase orders associated with CN3831540; and
c) any “request documentation”, as that term is defined in the Commonwealth Procurement Rules, associated with CN3831540.
B
I refer to Contract Notice CN3761420 on the AusTender website. The supplier is Technology One Limited (ABN: 84 010 487 180).
The procurement was the subject of an limited tender process.
A level of documentation commensurate with the scale, scope and risk of the procurement must be maintained.
I request access to the following documents:
a) the written document (or documents) setting out the contract associated with CN3761420; and
b) any purchase orders associated with CN3761420; and
c) any “request documentation”, as that term is defined in the Commonwealth Procurement Rules, associated with CN3761420; and
d) a rule 10.5 report setting out i) the value and type of goods and services procured, and ii) a statement indicating the circumstances and conditions that justified the use of limited tender, and iii) a record demonstrating how the procurement represented value for money in the circumstances.
D
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8372 email]
Is [CO request email] the wrong address for Freedom of Information requests to Commonwealth Ombudsman? If so, please contact us using this form:
https://aus01.safelinks.protection.outlo...
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
Caution: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe.
The Office of the Commonwealth Ombudsman acknowledges the traditional owners of country throughout Australia and their continuing connection to land, culture and community. We pay our respects to elders past and present.
---------------------------------------------------------------------
COMMONWEALTH OMBUDSMAN - IMPORTANT CONFIDENTIALITY NOTICE
This e-mail message or an attachment to it is confidential, and it is intended to be accessed only by the person or entity to which it is addressed.
No use, copying or disclosure (including by further transmission) of this message, an attachment or the content of either is permitted and any use, copying or disclosure may be subject to legal sanctions. This message may contain information which is:
* about an identifiable individual;
* subject to client legal privilege or other privilege; or
* subject to a statutory or other requirement of confidentiality.
If you have received this message in error, please call 1300 362 072 to inform the sender so that future errors can be avoided.
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Dear Ms Christie,
Thank you for your email.
The time to respond to my request has already been extended for a section 27 reason under the FOI Act.
You have not provided reasons as to why Technology One should be provided with more time to consult. You have merely noted that Technology One wants more time to consult. That reason is inadequate in my opinion. Therefore, subject to being provided with adequate and timely reasons as to why Technology One should be provided with more time to consult, I am not prepared to agree to your extension of time request.
Yours sincerely,
D
OFFICIAL
Dear D
I attach my decision letter in response to your Freedom of Information
request of 5 February 2022.
Yours sincerely
Gregory Parkhurst
Senior Legal Officer | Legal Team
Commonwealth Ombudsman
Ph: 1300 362 072 | Fax: 02 6276 0123
email: [1][CO request email]
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
---------------------------------------------------------------------
COMMONWEALTH OMBUDSMAN - IMPORTANT CONFIDENTIALITY NOTICE
This e-mail message or an attachment to it is confidential, and it is
intended to be accessed only by the person or entity to which it is
addressed.
No use, copying or disclosure (including by further transmission) of this
message, an attachment or the content of either is permitted and any use,
copying or disclosure may be subject to legal sanctions. This message may
contain information which is:
* about an identifiable individual;
* subject to client legal privilege or other privilege; or
* subject to a statutory or other requirement of confidentiality.
If you have received this message in error, please call 1300 362 072 to
inform the sender so that future errors can be avoided.
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Dear Mr Parkhurst,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Commonwealth Ombudsman's handling of my FOI request 'Documents pertaining to procurements CN3761420 and CN3831540'.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/d...
Yours faithfully,
D
OFFICIAL
OFFICIAL
Dear D,
I refer to your FOI request 2022-10020, and attach the documents released
under this request.
As set out in Mr Parkhurst’s decision of 7 April 2022, he consulted with a
third party potentially affected by the release of the documents within
the scope of your request. The decision partially releases material that
the third party submitted should be exempt.
As a result, our Office was unable to release this material to you until
the third party’s rights to seek review under the FOI Act had expired
(i.e. 30 days from the date that the third party received notice of the
decision).
Due to an administrative oversight, the third party did not receive notice
of the decision until 21 April 2022. This has meant that we have been
unable to provide you with the documents subject to release under the
decision until today, Monday 23 May 2022.
I apologise for the delay in your receiving the decision documents, and
that the reason for this delay was not communicated to you.
I note that you submitted an internal review request for this decision on
3 May 2022. Your request did not include any reasons for the request.
Now that you have received the documents, I would appreciate if you could
confirm by return email whether you wish to withdraw this request.
Yours sincerely,
Sine Dellit
Senior Legal Officer | Legal Team
Commonwealth Ombudsman
Ph: 1300 362 072 | Fax: 02 6276 0123
Email: [1][CO request email]
[2][IMG]
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
From: Information Access
Sent: Thursday, 7 April 2022 10:51 AM
To: [3][FOI #8372 email]
Subject: Your Freedom of Information request - Ombudsman's ref:
FOI-2022-10020 [SEC=OFFICIAL]
OFFICIAL
Dear D
I attach my decision letter in response to your Freedom of Information
request of 5 February 2022.
Yours sincerely
Gregory Parkhurst
Senior Legal Officer | Legal Team
Commonwealth Ombudsman
Ph: 1300 362 072 | Fax: 02 6276 0123
email: [4][CO request email]
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
---------------------------------------------------------------------
COMMONWEALTH OMBUDSMAN - IMPORTANT CONFIDENTIALITY NOTICE
This e-mail message or an attachment to it is confidential, and it is
intended to be accessed only by the person or entity to which it is
addressed.
No use, copying or disclosure (including by further transmission) of this
message, an attachment or the content of either is permitted and any use,
copying or disclosure may be subject to legal sanctions. This message may
contain information which is:
* about an identifiable individual;
* subject to client legal privilege or other privilege; or
* subject to a statutory or other requirement of confidentiality.
If you have received this message in error, please call 1300 362 072 to
inform the sender so that future errors can be avoided.
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References
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1. mailto:[CO request email]
2. https://aus01.safelinks.protection.outlo...
3. mailto:[FOI #8372 email]
4. mailto:[CO request email]
OFFICIAL
Dear D Not Given
I apologise for the delay in responding to you and our failure to provide
you with a decision on your FOI internal review request within the 30 day
time frame.
We are working on your review request this week but estimate that it will
take us another week to process your request. Our Office will provide you
with a decision on or before 27 October 2022.
We do apologise.
Yours sincerely
David
Legal Officer
Legal Team
Commonwealth Ombudsman
Phone: 1300 362 072
Email: [1][email address]
Website: [2]ombudsman.gov.au
[3][IMG]
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
---------------------------------------------------------------------
COMMONWEALTH OMBUDSMAN - IMPORTANT CONFIDENTIALITY NOTICE
This e-mail message or an attachment to it is confidential, and it is
intended to be accessed only by the person or entity to which it is
addressed.
No use, copying or disclosure (including by further transmission) of this
message, an attachment or the content of either is permitted and any use,
copying or disclosure may be subject to legal sanctions. This message may
contain information which is:
* about an identifiable individual;
* subject to client legal privilege or other privilege; or
* subject to a statutory or other requirement of confidentiality.
If you have received this message in error, please call 1300 362 072 to
inform the sender so that future errors can be avoided.
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References
Visible links
1. mailto:[email address]
2. https://ombudsman.gov.au/
3. http://www.ombudsman.gov.au/
"I apologise for the delay in responding to you and our failure to provide you with a decision on your FOI internal review request within the 30 day time frame.
We are working on your review request this week but estimate that it will take us another week to process your request. Our Office will provide you with a decision on or before 27 October 2022."
So Mr Yalpi ... What of this decision being provided on or before 27 October 2022?
Let me guess - another sincere apology for failing to do what the law requires, or for failing to just keep your word.
Here's a million dollar idea. How about just doing things competently and as appropriate to the circumstances. You know - making decisions according to law, doing what you will promise to do ... the sorts of things that the rest of decent society does without giving it too much thought. It would really put a dent in the need for functionaries of the Commonwealth Ombudsman to offer their "apologies" at every turn. I question just how sincere those apologies are. They are so frequently deployed that they are about as valuable as an early Weimar era Mark.
While you and your colleagues are at it, you might want to reconsider the slap-dash response Ms Sine Dellit (Senior Legal Officer in the Legal Team of the Office of the Commonwealth Ombudsman) offered me following an access refusal decision deemed by law to have been made by the Commonwealth Ombudsman (at the time, acting Commonwealth Ombudsman Penny McKay) - https://www.righttoknow.org.au/request/c.... That too is subject to IC review (MR22/00818).
Yours sincerely,
D
OFFICIAL
Dear D
Please see attached:
1. Our Office’s decision letter dated 31 October 2022
Please let me know if you have any questions. You can contact our Office
using the details below.
Yours sincerely
David
Legal Officer
Legal Team
Commonwealth Ombudsman
Phone: 1300 362 072
Email: [1][email address]
Website: [2]ombudsman.gov.au
[3][IMG]
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
---------------------------------------------------------------------
COMMONWEALTH OMBUDSMAN - IMPORTANT CONFIDENTIALITY NOTICE
This e-mail message or an attachment to it is confidential, and it is
intended to be accessed only by the person or entity to which it is
addressed.
No use, copying or disclosure (including by further transmission) of this
message, an attachment or the content of either is permitted and any use,
copying or disclosure may be subject to legal sanctions. This message may
contain information which is:
* about an identifiable individual;
* subject to client legal privilege or other privilege; or
* subject to a statutory or other requirement of confidentiality.
If you have received this message in error, please call 1300 362 072 to
inform the sender so that future errors can be avoided.
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References
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1. mailto:[email address]
2. https://ombudsman.gov.au/
3. http://www.ombudsman.gov.au/