Sensitive: Personal

Our reference: MPC18/00141

Dear FOI applicant

Acknowledgement of Freedom of Information request

I refer to your request for documents under the Freedom of Information Act
1982 (the FOI Act). Specifically, you asked for:

“email correspondence, falling between the period of 14 May 2018 to the
date of this application between acting Merit Protection Commissioner, Mr
Mark Davidson, and the Public Service Commissioner, Mr John Lloyd
(including email documents sent by Mr Davidson to Mr Lloyd and email
documents sent by Mr Lloyd to Mr Davidson).”

You clarified your request by providing the following information

“Documents falling within the scope of my request can be quickly
identified and retrieved by searching all items (including archived items)
in Mr Davidson's email account profile according to persons sent to, and
received from.

I am willing to agree to the redaction, from any relevant document, the
personal information of any person mentioned in that document, except
where that person was, at the relevant time: i) a public servant; or ii) a
member of parliament. Noting paragraphs 6.153-6.154 of the FOI guidelines,
this refinement of my request should negate any need for consultation with
any third parties under s.27A of the FOI Act.”

We received your request on 12 June 2018 and the 30-day statutory period
for processing your request started from the day after that date. You
should therefore expect a decision from us by 12 July 2018. The 30-day
period may be extended by a further 30 days if we need to consult third
parties or for other reasons.

You will be notified in writing if we need to consult third parties and an
extension is required.

The information released in response to your request may later be
published online on our disclosure log, subject to certain exceptions. For
example, personal information will not be published when this would be
unreasonable. Our disclosure log can be accessed by visiting the APSC
website, [1]here.

Please confirm if your email address
[2][FOI #4637 email] is the address you wish to
nominate for notices to be sent to you in relation to this request.

Please tell me if your contact details change. If you need any more
information, please contact me on (02) 8239 5330 or send an email to
[3][email address].

Regards,

Amber Read    l     Authorised FOI decision maker

Mailing address: PO Box 20636, World Square Post Office, SYDNEY NSW 2002

P: +612 8239 5330    l   W: [4]www.meritprotectioncommission.gov.au     

[5]cid:image001.jpg@01D2B20C.4730D520

Important: This email remains the property of the Commonwealth and is
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may
contain confidential or legally privileged information. If you think it
was sent to you by mistake, please delete all copies and advise the
sender.

References

Visible links
1. http://www.apsc.gov.au/about-the-apsc/Fr...
2. mailto:[FOI #4637 email]
3. mailto:[email address]
4. http://www.meritprotectioncommission.gov...
5. http://meritprotectioncommission.gov.au/

UNCLASSIFIED

Our reference: MPC18/00141

Dear FOI applicant

I refer to your request for documents under the Freedom of Information Act
1982 (the FOI Act) which was received on 12 June 2018.

I am writing to advise that in order to process this request I am required
to consult with third parties under section 27A of the FOI Act. As such, I
have extended the response date for this request by a period of thirty
days. You should therefore expect a decision from us by Monday 13 August
2018.

Please contact me via phone (02) 8239 5330 or email to
[1][email address] if you have any questions or require any
clarification.

Kind regards,

Amber Read    l     Assistant Director, Review & Casework

Mailing address: PO Box 20636, World Square Post Office, SYDNEY NSW 2002

P: +612 8239 5330    l   W: [2]www.meritprotectioncommission.gov.au     

[3]cid:image001.jpg@01D2B20C.4730D520

Important: This email remains the property of the Commonwealth and is
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may
contain confidential or legally privileged information. If you think it
was sent to you by mistake, please delete all copies and advise the
sender.

References

Visible links
1. mailto:[email address]
2. http://www.meritprotectioncommission.gov...
3. http://meritprotectioncommission.gov.au/

Sensitive: Legal

Dear DB

Please find attached decision letter in response to your 9 June 2018 FOI
request

Kind regards,

Amber Read    l     Authorised FOI decision maker

Mailing address: PO Box 20636, World Square Post Office, SYDNEY NSW 2002

P: +612 8239 5330    l   W: [1]www.meritprotectioncommission.gov.au     

[2]cid:image001.jpg@01D2B20C.4730D520

Important: This email remains the property of the Commonwealth and is
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may
contain confidential or legally privileged information. If you think it
was sent to you by mistake, please delete all copies and advise the
sender.

References

Visible links
1. http://www.meritprotectioncommission.gov...
2. http://meritprotectioncommission.gov.au/

Sensitive: Legal

Dear DB

Thank you for your email.

I can advise that I have received a request for internal review from a
third party, and am therefore unable to release the documents pending that
review.

I will keep you informed with any update.

Please contact me with any questions.

Kind regards

Amber

Amber Read    l     Authorised FOI decision maker

Mailing address: PO Box 20636, World Square Post Office, SYDNEY NSW 2002

P: +612 8239 5330    l   W: [1]www.meritprotectioncommission.gov.au     

[2]cid:image001.jpg@01D2B20C.4730D520

-----Original Message-----
From: DB <[FOI #4637 email]>
Sent: Tuesday, 11 September 2018 8:34 AM
To: READ,Amber <[email address]>
Subject: Re: FOI decision letter [DLM=Sensitive:Legal]

Hi

Are the documents able to be released yet?

Yours sincerely,

DB

-----Original Message-----

Sensitive: Legal

Dear DB

Please find attached decision letter in response to your 9 June 2018 FOI 
request

Kind regards,

Amber Read    l     Authorised FOI decision maker

Mailing address: PO Box 20636, World Square Post Office, SYDNEY NSW 2002

P: +612 8239 5330    l   W: [1][3]www.meritprotectioncommission.gov.au
    

[2][4]cid:image001.jpg@01D2B20C.4730D520

Important: This email remains the property of the Commonwealth and is 
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may 
contain confidential or legally privileged information. If you think it 
was sent to you by mistake, please delete all copies and advise the 
sender.

References

Visible links

1. [5]http://www.meritprotectioncommission.gov...

2. [6]http://meritprotectioncommission.gov.au/

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[7][FOI #4637 email]

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:

[8]https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------

Important: This email remains the property of the Commonwealth and is
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may
contain confidential or legally privileged information. If you think it
was sent to you by mistake, please delete all copies and advise the
sender.

References

Visible links
1. http://www.meritprotectioncommission.gov...
2. http://meritprotectioncommission.gov.au/
3. http://www.meritprotectioncommission.gov...
4. file:///tmp/cid:image001.jpg@01D2B20C.4730D520
5. http://www.meritprotectioncommission.gov...
6. http://meritprotectioncommission.gov.au/
7. mailto:[FOI #4637 email]
8. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Sensitive: Legal

Dear DB

We received the request for internal review on 4 September 2018.

Kind regards
Amber

Amber Read    l     Authorised FOI decision maker

Mailing address: PO Box 20636, World Square Post Office, SYDNEY NSW 2002

P: +612 8239 5330    l   W: [1]www.meritprotectioncommission.gov.au     

[2]cid:image001.jpg@01D2B20C.4730D520

-----Original Message-----
From: DB <[FOI #4637 email]>
Sent: Wednesday, 12 September 2018 7:40 AM
To: READ,Amber <[email address]>
Subject: RE: FOI decision letter [DLM=Sensitive:Legal]

Thanks for the update. Could you please advise me of the date you received
the request for internal review.

Yours sincerely,

DB

-----Original Message-----

Sensitive: Legal

Dear DB

Thank you for your email.

I can advise that I have received a request for internal review from a 
third party, and am therefore unable to release the documents pending
that  review.

I will keep you informed with any update.

Please contact me with any questions.

Kind regards

Amber

Amber Read    l     Authorised FOI decision maker

Mailing address: PO Box 20636, World Square Post Office, SYDNEY NSW 2002

P: +612 8239 5330    l   W: [1][3]www.meritprotectioncommission.gov.au
    

[2][4]cid:image001.jpg@01D2B20C.4730D520

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[5][FOI #4637 email]

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:

[6]https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------

Important: This email remains the property of the Commonwealth and is
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may
contain confidential or legally privileged information. If you think it
was sent to you by mistake, please delete all copies and advise the
sender.

References

Visible links
1. http://www.meritprotectioncommission.gov...
2. http://meritprotectioncommission.gov.au/
3. http://www.meritprotectioncommission.gov...
4. file:///tmp/cid:image001.jpg@01D2B20C.4730D520
5. mailto:[FOI #4637 email]
6. https://www.righttoknow.org.au/help/offi...

hide quoted sections

For Official Use Only

Dear DB

On 11 September 2018, Ms Amber Read advised that a third party had
objected to the disclosure of documents arising from your FOI application.

I have conducted the internal review and varied Ms Read’s decision.
Attached this email is my review decision and revised schedule of
documents. Information about your review rights is included in my letter.

Yours sincerely

Sarah Dinning    l     Authorised FOI Decision-Maker

P: 02 8239 5330    l     [1][email address]

[2]MPC-footer-final-no-line

Important: This email remains the property of the Commonwealth and is
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may
contain confidential or legally privileged information. If you think it
was sent to you by mistake, please delete all copies and advise the
sender.

References

Visible links
1. mailto:[email address]

For Official Use Only
Dear DB

I am currently awaiting clarification from the Office of the Information Commissioner of whether a third party has sought review by the OAIC of my decision. Once I have received that advice, I will let you know.

Yours sincerely

Sarah Dinning    l     Authorised FOI Decision-Maker

P: 02 8239 5330    l    [email address]

-----Original Message-----
From: DB <[FOI #4637 email]>
Sent: Wednesday, 31 October 2018 7:39 PM
To: DINNING,Sarah <[email address]>
Subject: Re: Your FOI application to the Merit Protection Commissioner [DLM=For-Official-Use-Only]

HI

Could you please update me as to the progress of this request.

Thankyou.

-----Original Message-----

For Official Use Only

Dear DB

On 11 September 2018, Ms Amber Read advised that a third party had objected to the disclosure of documents arising from your FOI application.

I have conducted the internal review and varied Ms Read’s decision.
Attached this email is my review decision and revised schedule of documents. Information about your review rights is included in my letter.

Yours sincerely

Sarah Dinning    l     Authorised FOI Decision-Maker

P: 02 8239 5330    l     [1][email address]

[2]MPC-footer-final-no-line

Important: This email remains the property of the Commonwealth and is subject to the jurisdiction of section 70 of the Crimes Act 1914. It may contain confidential or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender.

References

Visible links
1. mailto:[email address]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4637 email]

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://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------
Important: This email remains the property of the Commonwealth and is subject to the jurisdiction of section 70 of the Crimes Act 1914. It may contain confidential or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender.

hide quoted sections

For Official Use Only
Dear DB

I refer to your request dated 9 June 2018 to the Merit Protection Commissioner for access to documents under the FOI Act. As you were previously advised, a third party sought internal review of Ms Read's access grant decision. I conducted that review and varied the decision. The effect of my decision was to refuse access to some of the information Ms Read had originally decided could be released. I advised you of my decision on 28 September 2018.

I am now attaching the documents I have decided can be released.

In my letter to you of 28 September 2018 I advised you had 30 days to make a review application to the Office of the Australian Information Commissioner. That advice may have been incorrect. You may have 60 days to seek review in accordance with section 54S of the FOI Act. To clarify your entitlement to further review please contact the Office of the Australian Information Commissioner at www.oaic.gov.au.

Yours sincerely

Sarah Dinning    l     Authorised FOI Decision-Maker
Office of the Merit Protection Commissioner

P: 02 8239 5330    l    [email address]

-----Original Message-----
From: DB <[FOI #4637 email]>
Sent: Wednesday, 31 October 2018 7:39 PM
To: DINNING,Sarah <[email address]>
Subject: Re: Your FOI application to the Merit Protection Commissioner [DLM=For-Official-Use-Only]

HI

Could you please update me as to the progress of this request.

Thankyou.

-----Original Message-----

For Official Use Only

Dear DB

On 11 September 2018, Ms Amber Read advised that a third party had objected to the disclosure of documents arising from your FOI application.

I have conducted the internal review and varied Ms Read’s decision.
Attached this email is my review decision and revised schedule of documents. Information about your review rights is included in my letter.

Yours sincerely

Sarah Dinning    l     Authorised FOI Decision-Maker

P: 02 8239 5330    l     [1][email address]

[2]MPC-footer-final-no-line

Important: This email remains the property of the Commonwealth and is subject to the jurisdiction of section 70 of the Crimes Act 1914. It may contain confidential or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender.

References

Visible links
1. mailto:[email address]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4637 email]

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://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------
Important: This email remains the property of the Commonwealth and is subject to the jurisdiction of section 70 of the Crimes Act 1914. It may contain confidential or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender.

hide quoted sections