Employment rejection based on mental health
Dear Department of Employment,
I wish to view a copy of any documentation and information relating to the ability for Aldi Australia to reject respective employees on the basis of mental illness, such and depression and bipolar. I wish to see any documentation that may exempt Aldi from hiring on this basis.
Yours faithfully,
Brooke Sheehan
Dear Ms Sheehan
I refer to your 30 September 2015 Freedom of Information Act 1982 (Cth)
request, lodged with the Department of Employment.
For the reasons discussed by Ms Thomas below, your request has been
transferred to the Australian Human Rights Commission.
So that I can best assist you, could you please give me a call to discuss
this matter. My direct number is (02) 9284 9776.
Kind regards
Anastacia
Anastacia Totoeva
Lawyer
Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9776 | F +61 2 9284 9787
E [1][email address] | W [2]humanrights.gov.au
Human rights: everyone, everywhere, everyday
[3]willingtowork
Register your interest in the Inquiry [4]here.
From: Employment - FOI [[5]mailto:[email address]]
Sent: Tuesday, 6 October 2015 11:56 AM
To: Freedom of Information
Subject: Request for transfer under s16 of the FOI Act
[DLM=For-Official-Use-Only]
For Official Use Only
Good morning AHRC FOI team,
As discussed with one of your staff members on the phone this morning, the
Department of Employment (the Department) has received a request from Ms
Brooke Sheehan (below), seeking access to documents under the Freedom of
Information Act 1982 (Cth) (FOI Act).
Request to transfer
Under section 16 of the FOI Act, an agency may request a transfer of the
request to another agency if the subject matter of the request is more
closely connected to the functions of the other agency.
Ms Sheehan’s request appears to relate to potential exemptions to
discrimination laws and we understand that the Australian Human Rights
Commission is responsible for granting exemptions under the Disability
Discrimination Act 1992 (Cth). We are therefore proposing to transfer this
request to the Australian Human Rights Commission under section 16 of the
FOI Act.
Can you please advise if the Australian Human Rights Commission is willing
to accept the transfer of this request at your earliest convenience, but
no later than COB Wednesday 7 October 2015.
Please do not hesitate to contact me on (02) 6240 2696 if you would like
to discuss this matter further or have any questions.
Kind regards,
Imogen Thomas
Information Law Team
Information Law, Practice Management and Corporate Advising Branch
Australian Government Department of Employment
Email: [6][email address]
-----Original Message-----
From: Brooke Sheehan
[[7]mailto:[FOI #1259 email]]
Sent: Wednesday, 30 September 2015 2:04 PM
To: Employment - FOI
Subject: Freedom of Information request - Employment rejection based on
mental health
Dear Department of Employment,
I wish to view a copy of any documentation and information relating to the
ability for Aldi Australia to reject respective employees on the basis of
mental illness, such and depression and bipolar. I wish to see any
documentation that may exempt Aldi from hiring on this basis.
Yours faithfully,
Brooke Sheehan
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #1259 email]
Is [9][email address] the wrong address for Freedom of Information
requests to Department of Employment? If so, please contact us using this
form:
[10]https://www.righttoknow.org.au/change_re...
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:
[11]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.
-------------------------------------------------------------------
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 13 33 97 during business hours (8am - 5pm Local time) and
delete all copies of this transmission together with any attachments.
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
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the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
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For Official Use Only
Dear Ms Sheehan,
We refer to your email below 30 September 2015, in which you requested
access under the Freedom of Information Act 1982 (Cth) (the FOI Act) to
“any documentation and information relating to the ability for Aldi
Australia to reject [prospective] employees on the basis of mental
illness”.
We understand that the Australian Human Rights Commission (AHRC) is
responsible for overseeing the application of the Disability
Discrimination Act 1992 (Cth), which provides protection for individuals
against discrimination based on disability, including discrimination by
employers or potential employers. We have been further advised that the
AHRC also has powers under that Act to grant temporary exemptions from
some provisions in certain circumstances.
In view of the above, it would seem that the subject matter of your
request is more closely connected with the functions of the AHRC.
Accordingly, we are writing to inform you that your request has been
transferred to the AHRC under section 16 of the FOI Act on the basis that
it is more closely connected with the functions of that agency.
The AHRC has accepted the transfer and will contact you shortly in
relation to this matter.
Should you have any questions about the transfer, please contact us on
(02) 6240 3710 or via email at [1][email address].
Kind regards,
Information Law Team
Information Law, Practice Management and Corporate Advising Branch
Australian Government Department of Employment
Email: [2][email address]
-----Original Message-----
From: Brooke Sheehan [mailto:[FOI #1259 email]]
Sent: Wednesday, 30 September 2015 2:04 PM
To: Employment - FOI
Subject: Freedom of Information request - Employment rejection based on
mental health
Dear Department of Employment,
I wish to view a copy of any documentation and information relating to the
ability for Aldi Australia to reject respective employees on the basis of
mental illness, such and depression and bipolar. I wish to see any
documentation that may exempt Aldi from hiring on this basis.
Yours faithfully,
Brooke Sheehan
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #1259 email]
Is [4][email address] the wrong address for Freedom of Information
requests to Department of Employment? If so, please contact us using this
form:
[5]https://www.righttoknow.org.au/change_re...
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.
-------------------------------------------------------------------
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 13 33 97 during business hours (8am - 5pm Local time) and
delete all copies of this transmission together with any attachments.
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[FOI #1259 email]
4. mailto:[email address]
5. https://www.righttoknow.org.au/change_re...
6. https://www.righttoknow.org.au/help/offi...
Dear Ms Sheehan
I refer to my email of 6 October 2015. When convenient, please give me a
call on the number below.
Kind regards
Anastacia
Anastacia Totoeva
Lawyer
Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9776 | F +61 2 9284 9787
E [1][email address] | W [2]humanrights.gov.au
Human rights: everyone, everywhere, everyday
[3]willingtowork
Register your interest in the Inquiry [4]here.
From: Anastacia Totoeva
Sent: Tuesday, 6 October 2015 4:32 PM
To: '[FOI #1259 email]'
Subject: RE: Request for transfer under s16 of the FOI Act
[DLM=For-Official-Use-Only]
Dear Ms Sheehan
I refer to your 30 September 2015 Freedom of Information Act 1982 (Cth)
request, lodged with the Department of Employment.
For the reasons discussed by Ms Thomas below, your request has been
transferred to the Australian Human Rights Commission.
So that I can best assist you, could you please give me a call to discuss
this matter. My direct number is (02) 9284 9776.
Kind regards
Anastacia
Anastacia Totoeva
Lawyer
Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9776 | F +61 2 9284 9787
E [5][email address] | W [6]humanrights.gov.au
Human rights: everyone, everywhere, everyday
[7]willingtowork
Register your interest in the Inquiry [8]here.
From: Employment - FOI [[9]mailto:[email address]]
Sent: Tuesday, 6 October 2015 11:56 AM
To: Freedom of Information
Subject: Request for transfer under s16 of the FOI Act
[DLM=For-Official-Use-Only]
For Official Use Only
Good morning AHRC FOI team,
As discussed with one of your staff members on the phone this morning, the
Department of Employment (the Department) has received a request from Ms
Brooke Sheehan (below), seeking access to documents under the Freedom of
Information Act 1982 (Cth) (FOI Act).
Request to transfer
Under section 16 of the FOI Act, an agency may request a transfer of the
request to another agency if the subject matter of the request is more
closely connected to the functions of the other agency.
Ms Sheehan’s request appears to relate to potential exemptions to
discrimination laws and we understand that the Australian Human Rights
Commission is responsible for granting exemptions under the Disability
Discrimination Act 1992 (Cth). We are therefore proposing to transfer this
request to the Australian Human Rights Commission under section 16 of the
FOI Act.
Can you please advise if the Australian Human Rights Commission is willing
to accept the transfer of this request at your earliest convenience, but
no later than COB Wednesday 7 October 2015.
Please do not hesitate to contact me on (02) 6240 2696 if you would like
to discuss this matter further or have any questions.
Kind regards,
Imogen Thomas
Information Law Team
Information Law, Practice Management and Corporate Advising Branch
Australian Government Department of Employment
Email: [10][email address]
-----Original Message-----
From: Brooke Sheehan
[[11]mailto:[FOI #1259 email]]
Sent: Wednesday, 30 September 2015 2:04 PM
To: Employment - FOI
Subject: Freedom of Information request - Employment rejection based on
mental health
Dear Department of Employment,
I wish to view a copy of any documentation and information relating to the
ability for Aldi Australia to reject respective employees on the basis of
mental illness, such and depression and bipolar. I wish to see any
documentation that may exempt Aldi from hiring on this basis.
Yours faithfully,
Brooke Sheehan
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[12][FOI #1259 email]
Is [13][email address] the wrong address for Freedom of Information
requests to Department of Employment? If so, please contact us using this
form:
[14]https://www.righttoknow.org.au/change_re...
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:
[15]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.
-------------------------------------------------------------------
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 13 33 97 during business hours (8am - 5pm Local time) and
delete all copies of this transmission together with any attachments.
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
References
Visible links
1. mailto:[email address]
2. file:///tmp/humanrights.gov.au
3. http://www.humanrights.gov.au/our-work/d...
4. http://www.humanrights.gov.au/our-work/d...
5. mailto:[email address]
6. file:///tmp/humanrights.gov.au
7. http://www.humanrights.gov.au/our-work/d...
8. http://www.humanrights.gov.au/our-work/d...
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12. mailto:[FOI #1259 email]
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15. https://www.righttoknow.org.au/help/offi...
Dear Ms Sheehan
I refer to your FOI request of 30 September 2015.
Please see attached my decision. If you have any queries, please contact
me on the details below.
Kind regards
Anastacia Totoeva
Lawyer
Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9776 | F +61 2 9284 9787
E [1][email address] | W [2]humanrights.gov.au
Human rights: everyone, everywhere, everyday
[3]hra2015_emailsig_tickets
From: Employment - FOI [mailto:[email address]]
Sent: Wednesday, 7 October 2015 9:41 AM
To: Brooke Sheehan
Subject: RE: Freedom of Information request - Employment rejection based
on mental health [DLM=For-Official-Use-Only]
For Official Use Only
Dear Ms Sheehan,
We refer to your email below 30 September 2015, in which you requested
access under the Freedom of Information Act 1982 (Cth) (the FOI Act) to
“any documentation and information relating to the ability for Aldi
Australia to reject [prospective] employees on the basis of mental
illness”.
We understand that the Australian Human Rights Commission (AHRC) is
responsible for overseeing the application of the Disability
Discrimination Act 1992 (Cth), which provides protection for individuals
against discrimination based on disability, including discrimination by
employers or potential employers. We have been further advised that the
AHRC also has powers under that Act to grant temporary exemptions from
some provisions in certain circumstances.
In view of the above, it would seem that the subject matter of your
request is more closely connected with the functions of the AHRC.
Accordingly, we are writing to inform you that your request has been
transferred to the AHRC under section 16 of the FOI Act on the basis that
it is more closely connected with the functions of that agency.
The AHRC has accepted the transfer and will contact you shortly in
relation to this matter.
Should you have any questions about the transfer, please contact us on
(02) 6240 3710 or via email at [4][email address].
Kind regards,
Information Law Team
Information Law, Practice Management and Corporate Advising Branch
Australian Government Department of Employment
Email: [5][email address]
-----Original Message-----
From: Brooke Sheehan
[[6]mailto:[FOI #1259 email]]
Sent: Wednesday, 30 September 2015 2:04 PM
To: Employment - FOI
Subject: Freedom of Information request - Employment rejection based on
mental health
Dear Department of Employment,
I wish to view a copy of any documentation and information relating to the
ability for Aldi Australia to reject respective employees on the basis of
mental illness, such and depression and bipolar. I wish to see any
documentation that may exempt Aldi from hiring on this basis.
Yours faithfully,
Brooke Sheehan
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #1259 email]
Is [8][email address] the wrong address for Freedom of Information
requests to Department of Employment? If so, please contact us using this
form:
[9]https://www.righttoknow.org.au/change_re...
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:
[10]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.
-------------------------------------------------------------------
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
References
Visible links
1. mailto:[email address]
2. file:///tmp/humanrights.gov.au
3. http://www.eventbrite.com.au/e/human-rig...
4. mailto:[email address]
5. mailto:[email address]
6. mailto:[FOI #1259 email]
7. mailto:[FOI #1259 email]
8. mailto:[email address]
9. https://www.righttoknow.org.au/change_re...
10. https://www.righttoknow.org.au/help/offi...