FOI decisions made between 1 January 2023 and 30 June 2023
Dear Australian Public Service Commission,
This is a request for access to documents under the Freedom of Information Act 1982 (Cth).
Please provide access to the documents requested by email to this address.
I request access to all freedom of information decisions made by officials in the Australian Public Service Commission between 1 January 2023 and 30 June 2023, inclusive.
To be clear, I am not asking for documents granted access to pursuant to those decisions. I am merely asking for decision notices, with the reasons for decision, with such decisions being made between 1 January 2023 and 30 June 2023, inclusive.
Yours faithfully,
Becky
Dear Australian Public Service Commission,
Just to be crystal clear, I am asking for all freedom of information decision notices between the requested dates. That means decisions to grant access to documents in full, decisions to grant access to documents in part, and decisions refusing to grant access to documents for what reasons.
Yours faithfully,
Becky
OFFICIAL
Dear Becky,
I am writing to acknowledge receipt of your request under the Freedom of
Information Act 1982 for access to documents held by the Australian Public
Service Commission (The Commission).
The timeframe for responding to your request is 30 days from the date of
receipt. Therefore, the due date for this request is Monday 11 September
2023.
This timeframe may be extended in certain circumstances. You will be
notified if these circumstances arise and the timeframe is extended.
Kind Regards,
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
t: 02 6202 3720 w: [1]www.apsc.gov.au
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This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
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OFFICIAL
Dear Becky
I refer to your FOI request dated 12 August 2023, copies attached.
The Australian Public Service Commission (APSC) is a small organization
without a dedicated Freedom of Information (FOI) team. We are concerned
that, given the broad scope of your request, the volume of documents that
may be covered by the request, the APSC may not have the resources to
satisfy fully, your request within the prescribed period.
We therefore ask if you could consider reducing the scope of your request;
for example, by reducing the period covered, or indicating any particular
subject matter that is of interest etc.
We note the documents released for the decisions you have requested, are
published on the APSC’s FOI Disclosure log. An examination of those
documents may assist in guiding your consideration to decisions concerning
certain subject matter.
Your earliest consideration would be appreciated.
Kind Regards,
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
t: 02 6202 3813 w: [1]www.apsc.gov.au
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privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
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Dear FOI,
I understand.
On the condition that my request will be processed by 11 September 2023, I would be happy to halve the search period to decision notices dated 1 April 2023 - 30 June 2023. I imagine the more recent decision notices would be more readily accessible to your staff and will make handling my FOI request more manageable.
Yours sincerely,
Becky
OFFICIAL
Dear Becky,
On 12 August 2023, you requested access to “…all freedom of information
decisions made by officials in the Australian Public Service Commission
between 1 January 2023 and 30 June 2023, inclusive”.
On 17 August 2023, you agreed to refine the parameters of your request to
“…decision notices dated 1 April 2023 – 30 June 2023”.
I am writing to notify you that the documents you have requested include
the personal information of businesses and/or individuals. In accordance
with sections 27 and 27A of the FOI Act, the Commission is required to
consult with relevant third parties about the disclosure of their personal
information.
The timeframe for responding to your request is therefore extended by 30
days under subsection 15(6) of the Freedom of Information Act 1982 to 29
September 2023.
Kind Regards,
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
t: 02 6202 3813 w: [1]www.apsc.gov.au
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This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
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return email informing them of the mistake and delete all copies of the
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______________________________________________________________________
References
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OFFICIAL
Dear Becky,
Please find attached a decision notice and documents in relation to your
recent freedom of information request.
Kind Regards,
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
t: 02 6202 3813 w: [1]www.apsc.gov.au
[2]three hexagons[3]twitter icon [4]facebook
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This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
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return email informing them of the mistake and delete all copies of the
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______________________________________________________________________
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Dear Australian Public Service Commission,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian Public Service Commission's handling of my FOI request 'FOI decisions made between 1 January 2023 and 30 June 2023'.
I would like an internal review in respect of documents 1 - 7.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/f...
Yours faithfully,
Becky
OFFICIAL
Good afternoon Becky,
The Australian Public Service Commission (the Commission) is writing to
acknowledge receipt of your request for internal review under the Freedom
of Information Act 1982 (FOI Act).
The timeframe for responding to your internal review request is 30 days
from the date of receipt. This timeframe for internal review may be
extended in very limited circumstances. You will be notified if these
circumstances arise and the timeframe is extended.
Please note that there is a new LEX number for your internal review
request. All correspondences will be referred under LEX 659.
Kind Regards,
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
t: 02 6202 3813 w: [1]www.apsc.gov.au
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This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
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OFFICIAL
OFFICIAL
OFFICIAL
Good afternoon Becky,
Please find attached a decision notice in relation to your internal
review.
Kind Regards,
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
t: 02 6202 3813 w: [1]www.apsc.gov.au
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This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
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[1]Office of the Australian Information Reference Code:
Commissioner ICR_10-55427149-4068
You submitted a form called: FOI Review_
Your form reference code is: ICR_10-55427149-4068
To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
Note: Please do not reply to this auto-generated email.
References
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3. file:///tmp/tel:1300 363 992
4. mailto:[email address]
Our reference: MR23/01309
By email: [FOI #10558 email]
Receipt of your IC review application
Thank you for your application for Information Commissioner Review (IC
review).
The Office of the Australian Information Commissioner (OAIC) is
considering your application.
If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [email address] and quote MR23/01309.
Yours sincerely
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
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 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
OFFICIAL
Good afternoon Becky,
Please find attached a re-issued notice of internal review decision as the
original decision notice included typos which have now been amended.
Kind Regards,
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
t: 02 6202 3813 w: [1]www.apsc.gov.au
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icon
This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
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4. https://www.facebook.com/AusPublicService/
Our reference: MR23/01309
Agency reference: LEX 659
Becky
By email: [1][FOI #10558 email]
Dear Becky
Thank you for your application for review. On 18 March 2024, we informed
the Australian Public Service Commission that the Information Commissioner
will undertake an IC review and requested information to assist with
progressing the review.
We will provide you with an update when we have heard from the Australian
Public Service Commission.
Kind regards
[2][IMG] Will Martin (he/him)
Paralegal | FOI Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [3][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[4]Subscribe to Information Matters
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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 1300 488 064 during business hours (8:30am - 5pm Canberra
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OFFICIAL
OFFICIAL
Dear Becky
Please find attached a revised decision made under section 55G of the
Freedom of Information Act 1982 as well as the documents released to you.
We will provide a copy of our revised decision to the Office of the
Australian Information Commissioner.
Kind regards
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
w: [1]www.apsc.gov.au
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icon [5]cid:image006.png@01DA79D6.B13C6B20
This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
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Our reference: MR23/01309
Agency reference: LEX 659
Becky 0
By email: [1][FOI #10558 email]
Your review application about the Australian Public Service Commission
Dear Becky 0,
On 29 October 2023, you requested an Information Commissioner (IC) review
of the FOI decision made by the Australian Public Service Commission.
The Australian Public Service Commission has notified the Office of the
Australian Information Commissioner (OAIC) it made a revised decision on
31 May 2024.
Action required by you before 3 July 2024
1. If you no longer require an IC review, please reply
to this email stating “I no longer require an IC review”.
2. If you wish to proceed with your IC review
application, you must tell us which parts of the decision you disagree
with and why, including:
· which documents you consider were not provided or should have
been provided, or
· which exemptions you consider should not have been applied.
Intention not to continue to undertake Applicant name’s/your IC review
The Commissioner’s written [2]direction to IC review applicants requires
that:
· where an applicant wishes to proceed with a review of a revised
decision they must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review [1.33], and
· applicants must respond to enquiries from the OAIC within the
period provided unless there are circumstances warranting a longer period
to respond [1.22].
Section 54W(c) of the Freedom of Information Act 1982 provides that the IC
may decide not to continue to undertake a review where an applicant fails
to comply with a direction of the IC.
As such, if we do not hear from you by 3 July 2024, we intend to exercise
the discretion to finalise your IC review application.
Assistance
If you are unable to respond by 3 July 2024, please respond to this email
and request an extension of time to provide your response.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference MR23/01309 in all correspondence.
Kind
regards,
[4][IMG] Sarveshcika Yuvaraj (she/her)
Paralegal | FOI Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [5][email address]
Please note: The OAIC will be revising its IC review procedures commencing
1 July 2024. For more information about these revised procedures,
including new resources to assist applicants and respondents, see our
webpage: [6]Upcoming changes to Information Commissioner review procedure
directions
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[7]Subscribe to Information Matters
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be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
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switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
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5. mailto:[email address]
6. https://www.oaic.gov.au/freedom-of-infor...
7. https://www.oaic.gov.au/engage-with-us/n...
Dear OAIC - FOI DR,
I am replying to Sarveshcika Yuvaraj's email of 19 June 2024.
On 31 May 2024, Melanie McIntyre of the APSC provided a revised decision notice and access to documents 1, 2, 3, 6 and 7 in full. Melanie McIntyre of the APSC also provided partial access to document 4.
It's worth noting that Shyam Raghupathi of the APSC had claimed that conditional exemptions applied to all of these documents and had refused, in full, to provide access to them in October 2023. It seems that the passing of 8 months is enough to radically alter the APSC's position.
In her decision letter, Melanie McIntyre noted at paragraph 33:
The scope of your IC review emphasised that you are seeking access to documents 1 –
7. The effect of this decision is that you have now been provided with access to
documents 1, 2, 3, 6 and 7 in full and document 4 in part (with very limited
redactions). While I appreciate this decision may not have resolved your concerns
regarding document 5, I consider that this revised decision represents a fair
resolution to your application.
No attempt was made by Ms McIntyre to reconsider Shyam Ragupathi's access refusal decision in relation to document 5. No explanation is provided as to why Shyam Raghupathi's decision in relation to document 5 should stand, which is odd because upon the APSC being told that the information commissioner was going to conduct an IC review of Mr Raghupathi's decision, the APSC's tune changed radically. Ms McIntyre's decision is unsatisfactory in relation to document 5 because it does not address why Mr Raghupathi's decision should stand when his decision to refuse access, in full, to documents 1, 2, 3, 4, 6 and 7 tumbled.
I narrow the scope of my IC review request to a single document - document 5. I would like the information commissioner to conduct IC review of Mr Raghupathi's decision in relation to document 5 because it is clear to me that Mr Raghupathi's decision in relation to all the other documents was not one that could withstand scrutiny and it is probably no different in relation to document 5.
Yours sincerely,
Becky
Lysander Spoonman left an annotation ()
Hi Becky,
Most of the documents that you have requested from the APSC are already online.
Document 1 – LEX510: https://docdro.id/QjLA2Jf.
Document 2 – LEX511: https://docdro.id/ycu9G2N.
Document 3 – LEX520: https://docdro.id/bWc6ohv.
Document 6 – LEX547: https://docdro.id/UiVKH0f.
Document 7 – LEX550: https://docdro.id/oDK0cPC.