OFFICIAL: Sensitive

Dear GIPAgoomar,

Thank you for contacting the Australian Public Service Commission
(Commission).

I am writing to acknowledge your FOI request dated 22 February 2025,
seeking access to documents relating to an independent review and an
inquiry report.

I am also writing to notify you that this request has been transferred to
the Merit Protection Commissioner (MPC) as of 27 February 2025. We note
and have taken into account that you asked for the request not to be
transferred, however the objects of the Freedom of Information Act 1982
(FOI Act) are to provide a right of access to documents. We consider this
can be done by transferring this request, in accordance with section 16 of
the FOI Act, to the appropriate agency (in this case the MPC).

The Australian Public Service Commissioner and the MPC are separate
agencies under the FOI Act, as “prescribed authority” in section 4 of the
FOI Act is a “person holding, or performing the duties of, an office
established by an enactment”. By transferring your FOI request, we seek to
facilitate your request and eliminate the need for you to make a new
request to MPC directly. Transfers of requests also provide a whole of
government approach to making information available to the public and, as
outlined in paragraph 3.59 of the Office of the Australian Information
Commissioner Freedom of Information Guidelines, allow the decision to be
made by the agency best placed to make an informed assessment about
disclosure of relevant documents.

MPC will be in touch with you regarding your request, and we will now
close this matter.

Regards,

FOI Officer

Legal Services

Australian Public Service Commission

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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show quoted sections

OFFICIAL: Sensitive

Dear GIPAgoomar,

Freedom of Information Request

I refer to your request for access to documents under the Freedom of
Information Act 1982 received by the Merit Protection Commissioner on 27
February 2025 on transfer under section 16 from the Australian Public
Service Commission.

You have asked for documents by return email to you as follows:

‘Part 1 of my FOI request

A contract was entered into, on 9 October 2024, with Emeritus Professor
John McMillan so that the Professor would conduct an independent review -
see contract CN4115721 on www.tenders.gov.au.

Under the FOI Act 1982 (Cth), I request access to the following documents:

a) a copy of the contract entered into with Emeritus Professor John
McMillan for the provision of services for the independent review; and

b) the terms of reference (howsoever described - e.g. brief, instructions,
request etc.) for the independent review; and

c) the outcome of the review (e.g. by way of report, a statement of
recommendations etc.).

Part 2 of my FOI request

A contract was entered into, on 29 November 2024, with Emeritus Professor
John McMillan for the professor to prepare an inquiry report - see
contract CN4123324 on www.tenders.gov.au.

Under the FOI Act 1982 (Cth), I request access to the following documents:

a) the terms of reference (howsoever described - e.g. brief, instructions,
request etc.) for the inquiry report for Emeritus Professor John McMillan
to prepare; and

b) the inquiry report.’

The APSC received your request on 22 February 2025 and the 30 day
statutory period for processing your request commenced from the day after
that date.  Whilst the period of 30 days may be extended as we will need
to consult third parties and can also be extended for other reasons, I
would expect to finalise this request by 22 March 2025.  I will advise you
if the extension for consultations impacts this date.

Information released under the FOI Act may later be published online on
our disclosure log, [1]FOI Disclosure Log | Merit Protection
Commissioner , subject to certain exceptions. (For example, personal
information will not be published where this would be unreasonable).

I will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact. If you have
any questions, please contact me by return email.

Yours sincerely

Authorised FOI Decision Maker of the Merit Protection Commissioner

[2]cid:image001.png@01D68125.7F08BB20 

Merit Protection Commissioner

PO Box 20636 World Square Post Office, SYDNEY NSW 2002

w: [3]https://www.mpc.gov.au/

t: 02 8239 5330

[4]MPC logo_Colour

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References

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