Documents relating to Iain Anderson’s appointment as Commonwealth Ombudsman
Dear Commonwealth Ombudsman,
Under the FOI Act I request access to documents in the possession of the Office of the Commonwealth Ombudsman relating to Iain Anderson’s appointment as Commonwealth Ombudsman.
Yours faithfully,
James Andrew Douglass
Dear Commonwealth Ombudsman,
Would you please acknowledge receipt of my FOI request of 20 April?
Yours faithfully,
James Andrew Douglass
OFFICIAL
Dear James
Our ref: FOI-2023-10048
11 May 2023
Emailed to: [1][FOI #10187 email]
Freedom of Information request – Acknowledgment
I acknowledge receipt of your correspondence dated 20 April 2023 in which
you requested access to documents under the Freedom of Information Act
1982 (FOI Act). Your request for documents was framed in the following
way:
‘Under the FOI Act I request access to documents in the possession of the Office
of the Commonwealth Ombudsman relating to Iain Anderson’s appointment as
Commonwealth Ombudsman.’
Duplicates/irrelevant information
There may be duplicate copies of documents related to our request. Unless
you advise us you wish to receive multiple copies, we will only consider
and make a decision on one copy of each document.
Timeframes
You should expect a decision from us within 30 days from the date we
received your FOI request. This 30 day period may be extended if we need
to consult third parties, impose a charge (a fee for processing your
request) or for other reasons. We will let you know if this happens.
If you have any questions, you may contact me via email at
[2][email address] or by using the contact details in
the footer of this email.
Yours sincerely
David
Legal Officer
Legal Team
Commonwealth Ombudsman
Phone: 1300 362 072
Email: [3][email address]
Website: [4]ombudsman.gov.au
[5][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.
References
Visible links
1. mailto:[FOI #10187 email]
2. mailto:[email address]
3. mailto:[email address]
4. https://ombudsman.gov.au/
5. http://www.ombudsman.gov.au/
OFFICIAL
Dear James Andrew Douglass
I refer to your request to the Office of the Commonwealth Ombudsman dated 20 April 2023. On 11 May 2023, this Office acknowledged your request.
I note that you have requested documents in the possession of the Office relating to Iain Anderson's appointment as Commonwealth Ombudsman.
The appointment and recruitment process was ran by the Attorney-General's Department (AGD).
According to the AGD's FOI Disclosure Log, a similar request was made to the AGD for documents relating to Iain Anderson's appointment as Ombudsman and released recently on 23 March 2023. See https://www.ag.gov.au/rights-and-protect...
Reference number - FOI22/341
Date - 22 March 2023
Request - Documents relating to Iain Anderson’s appointment as Commonwealth Ombudsman.
Information published - 2 documents released in full and 11 documents released in part.
Decision-maker - Attorney-General’s Department
I would strongly encourage you contact the Attorney-General's Department to request these documents at [email address]
If you agree to this course, please advise by return email if you wish to withdraw or revise your request as soon as possible.
Alternatively, the Office might consider transferring the request to AGD under s 16 and even a practical refusal mechanism (if the request would constitute a substantial and unreasonable diversion of resources) under s 24 the FOI Act.
Kind regards
Steven
Senior Legal Officer | Legal Team
COMMONWEALTH OMBUDSMAN
Ph: 1300 362 072
Email: [email address]
Website: http://www.ombudsman.gov.au/
Influencing systemic improvement in public administration
Dear Steven,
Thank you for your response.
I have requested access to documents in the possession of the Office of the Commonwealth Ombudsman relating to Iain Anderson’s appointment as Commonwealth Ombudsman. I would like to be provided with access to the documents in the possession of the Office of the Commonwealth Ombudsman.
I am aware of the documents that are in the possession of the AGD because I applied for access to those documents: https://www.righttoknow.org.au/request/d.... I requested access to them on 20 April 2023 and access was provided to those documents on 20 April 2023 by Leonie in the AGD.
Before you attempt to transfer this FOI request to the AGD, I suggest that you carefully read the Federal Court's judgment in Bienstein v Attorney-General [2007] FCA 1174, and pay particular attention to paragraphs 32-37, and 38, where the Court noted that an applicant has a right to access whatever documents are in the possession of an agency.
To the extent that there is any ambiguity, I state explicitly that I am exercising my right to access documents in the possession, and only in the possession, of the Office of the Commonwealth Ombudsman relating to Iain Anderson’s appointment as Commonwealth Ombudsman. Thus, there can be no ground for transferring the FOI request to the AGD unless provided for by the terms of the FOI Act itself and the judgments of the federal judiciary interpreting that enactment.
I hope this message clarifies my position.
Yours sincerely,
James Andrew Douglass
Dear James Andrew Douglass
Thank you for your email. I confirm that the Office will proceed to process your request (FOI-2023-10048).
If I might request an extension of time of 7 days to make a decision on your request, until Friday 26 May 2023.
Under s 15AA of the Freedom of Information Act 1982 (Cth), an agency may extend the time for dealing with a request if the applicant agrees in writing to the extension. If you agree, please indicate by return email of your agreement.
I confirm we have retrieved relevant documents in scope, and the processing of your request is underway.
Alternatively, if you are not able to respond today, we may apply to the Information Commissioner for an extension of time under s 15AC of the FOI Act.
Kind regards
Steven
Senior Legal Officer | Legal Team
COMMONWEALTH OMBUDSMAN
Ph: 1300 362 072
Email: [email address]
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
Dear Steven,
Before I accede to your request for an extension of time, would you please advise:
i. how many documents within scope have been retrieved;
ii. why the standard time period has been insufficient to process my FOI request?
Based on your responses, I may better have an understanding of the circumstances and, in turn, make a more informed decision in respect of your request.
Yours sincerely,
James Andrew Douglass
OFFICIAL
Dear James Andrew Douglass
Thank you for your email response of 22 May 2023.
I can indicate that there are at least 35 documents for consideration for access under the FOI Act. I do hope that we will be able to provide you with a decision on the request this Friday 26 May 2023.
Given it is now more than 30 days since the FOI request was received, we must now request an extension of time from the Information Commissioner under s 15AC of the FOI Act.
Although, they will take into account if you agree with the extension.
Kind regards
Steven
Senior Legal Officer | Legal Team
COMMONWEALTH OMBUDSMAN
Ph: 1300 362 072
Email: [email address]
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
OFFICIAL
Dear James Andrew Douglass
I refer to your recent Freedom of Information request. I am writing to apologise for the delay in responding to your FOI request and providing a notice of decision.
We have been undertaking an informal consultation process with the Attorney-General's Department on the potential release of documents and this has delayed the processing of your request and decision. The matter is now at the Quality Assurance stage of our processes and I anticipate we should be able to provide a decision and documents released to you this week.
Kind regards
Steven
Senior Legal Officer | Legal Team
COMMONWEALTH OMBUDSMAN
Ph: 1300 362 072
Email: [email address]
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
OFFICIAL
Dear James Andrew Douglass
I refer to your request to the Office of the Commonwealth Ombudsman made
under the Freedom of Information Act 1982 (Cth). I must apologise for the
delay in providing the decision to you.
In accordance with the request, please find attached:
o Decision notice dated 7 July 2023; and
o Documents released in accordance with the decision.
A copy will be notified to the Office of the Australian Information
Commissioner, following your application for IC review of 14 June 2023.
Kind regards
Steven
Senior Legal Officer | Legal Team
COMMONWEALTH OMBUDSMAN
Ph: 1300 362 072
Email: [1][email address]
Website: [2]www.ombudsman.gov.au
[3]ombudsman
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.
References
Visible links
1. mailto:[email address]
2. http://www.ombudsman.gov.au/
3. http://www.ombudsman.gov.au/
James Andrew Douglass left an annotation ()
IC review reasons:
https://www.righttoknow.org.au/request/a...