Dear Menzies

We refer to your correspondence to the Department of Industry, Science,
Energy and Resources on 7 December 2020 (below).

As explained to you on 2 December 2020 in reference to another request you
made (attached), the Freedom of Information Act operates in respect of
documents. Noting that you have lodged the same request as you did on 2
December 2020 without consideration of revising your scope, we will not be
accepting this request as valid.

As a matter of courtesy, we also noted that if you were to submit a valid
request for documents, it is likely that this request would also attract a
practical refusal. This is because this current request is very similar to
your previous request, FOI 67328 (attached) and the same reasons would
apply.

Therefore, the Department will not be accepting your correspondence of 7
December 2020 as a valid request and no further action will be taken.

Regards

FOI Team

Legal, Audit & Assurance | Corporate & Digital

02 6213 6419 Ext. 66419 | [1][email address]

—————————————————————————————————————————————

Department of Industry, Science, Energy and Resources |
[2]www.industry.gov.au

Supporting economic growth and job creation for all Australians

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

From: Menzies [mailto:[FOI #6959 email]]

Sent: Monday, 7 December 2020 5:09 PM

To: Freedom of Information <[Department of Industry, Science, Energy &amp; Resources request email]>

Subject: Freedom of Information request - Internal systems of control

Department of Industry, Science, Energy and Resources Legal Branch GPO Box
2013 Canberra ACT 2601

ATT FOI Coordinator

I am requesting access to information under the Freedom of Information
Act.

BACKGROUND

Harry Witherspoon received this response with respect to the Department's
(non)compliance with finance legislation here-
https://www.righttoknow.org.au/request/6...

The Department appropriates $3.9 billion per annum yet it had not
conducted a single divisional fraud risk-assessment for AusIndustry in
over 37 months.

The branch responsible for this debacle is the Legal Audit and Assurance
branch; also entrusted with managing Department FOI requests.

Notably, the Department held that it will not release documents with
reports under section 17 without a ready-made 'database' as its staff
struggles with having to use their "eyes and brains" in completing such
tasks-
https://www.righttoknow.org.au/request/6...
(pg. 28 para. 200).

Recently, the Department declined another report under section 17,
claiming that it refuses access to information under the act whilst its
website states that to make an application "you must submit a request in
writing stating that you’re requesting information under the Act"-
https://www.industry.gov.au/about-us/fre...

REQUEST

I am requesting a document that contains a report with A-C as follows (for
each Department Division from 1 January 2016 until 1 January 2020)- A.
Number of completed fraud risk assessments as per s 6 and s 7.6 of the
Fraud and Corruption Control Plan 2018-20 (FCCP).

B. Number of completed fraud audits as per s 14.2 of the FCCP C. Number of
completed fraud detection compliance reviews as per s 14.4 of the FCCP.

A simple report with these numbers will suffice.

NOTICE

I hereby allege that the Legal Audit and Assurance branch of the
Department is likely withholding access under the FOI Act to suppress its
non-compliance with finance/fraud legislation. I will report further
non-acceptance of this FOI request to the authorities under suspicion of
abuse of public office. This is your final warning.

DELIVERY

via righttoknow.org.au

-Menzies

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

[FOI #6959 email]

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requests to Department of Industry, Innovation and Science? If so, please
contact us using this form:

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:

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