NCI WHS Review Terms of Reference
Hello FOI Team,
Under the Freedom of Information Act 1982, I request access to copies of engagement letters and terms of reference for the investigation into WHS concerns of the National Computational Infrastructure (NCI) conducted by Ashurst.
Date range for the documents being requested is February 2024 to June 2024.
I agree to the removal of the names, addresses and phone numbers of any ANU officer, or third party if required.
Thanks,
Sam
Good Morning
On 2 December 2024, the Australian National University (the University)
received your request for access to documents under the Freedom of
Information Act 1982 (the FOI Act).
The University has taken your request to be as follows:
Copies of engagement letters and terms of reference for the investigation
into WHS concerns of the National Computational Infrastructure (NCI)
conducted by Ashurst.
Date range for the documents being requested is February 2024 to June
2024.
Your request has been assigned the case number 202400158.
Processing Timeframe
The statutory time frame for processing your request is 30 calendar days
from the date your request was received by the University. You should
therefore expect a decision from us by 1 January 2025.
The period of 30 days may be extended if we need to consult third
parties, impose a charge or for other reasons. We will advise you in
writing if this happens.
Please note that ANU will shut down from Wednesday 25 December 2024,
re-opening on Thursday 2 January 2025. This shut down period and staff
absences may affect the processing of FOI applications, where the
timelines are impacted we will liaise with applicants to discuss a 15AA
extension of time agreement.
We 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 regarding your request, please feel free to contact the FOI
Team.
Yours sincerely,
FOI Team
Scholarly Information Services
The Australian National University
Email: [1][ANU request email]
Web: [2]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
References
Visible links
1. mailto:[ANU request email]
mailto:[ANU request email]
2. https://www.anu.edu.au/freedom-of-inform...
https://www.anu.edu.au/freedom-of-inform...
Good Afternoon,
I refer to your request for access to documents under the Freedom of Information Act 1982 (the Act) received by the University on 2 December 2024.
Your request is receiving attention and a decision will be provided to you as soon as possible..
Unfortunately, we are currently experiencing delays regarding your request and we will be unable to provide you with a response by the current decision date of 1 January 2024.
Delays are being experienced due to the absences of key FOI staff and the upcoming Christmas shutdown making the availability of other key staff we need to discuss your request with being unavailable until the New Year.
Accordingly, the University is seeking an extension of time of 30 days in accordance with section 15AA of the FOI Act.
If you agree to the extension, the University would be required to provide you with a decision notice by no later than COB 31 January 2025.
Your earliest response would be appreciated as we are required to notify the Office of the Australian Information Commissioner (OAIC) of any extension agreed.
Yours sincerely,
FOI Team
Scholarly Information Services
The Australian National University
Email: [ANU request email]
Web: https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider Code: 00120C | ABN: 52 234 063 906
Dear Sam Smith,
Please find attached correspondence relating to your FOI Request
202400158.
Kind regards,
FOI Team
Scholarly Information Services
The Australian National University
Email: [1][ANU request email]
Web: [2]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
References
Visible links
1. mailto:[ANU request email]
mailto:[ANU request email]
2. https://www.anu.edu.au/freedom-of-inform...
https://www.anu.edu.au/freedom-of-inform...
Dear Australian National University,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian National University's handling of my FOI request 'NCI WHS Review Terms of Reference' on the following grounds:
- Claims that the information hasn’t been publicly released, isn’t “well known”, and “is not available from public sources” are false, for example documents released by the ANU entirely unredacted available at https://www.righttoknow.org.au/request/c...
- I also note that at least one individual mentioned in the same document, Dr Sean Smith, is no longer mentioned as the Director of NCI, and his own LinkedIn page says his employment at ANU and NCI concluded in December 2024. Surely this would contradict the belief that redacted information mentioning him could cause disruption if disclosed.
- Claims that the investigation is ongoing, despite the redacted document being written in March 2024, and asking for the investigation to conclude 1 month later- either it has concluded, in which case there is no issue, or the ANU has taken over 8 months to conduct said investigation in which case there’s a public interest case in knowing the ANU has issues handling WH&S issues in a timely manner.
- The decision maker’s suggestion that the disclosure could also have a substantial adverse effect on the ANU’s ability to engage with similar firms in future is a bit far-fetched considering this is a document produced by the ANU, prior to an initial meeting and not a product of said firm. It is also unbelievable that any reputable firm would be unaware of ANU’s FOI obligations in relation to any engagement with the ANU.
- The decision maker has also made the weak argument that “release of conditionally exempt material could reasonably be expected to prejudice the University’s ability to effectively manage its personnel by publicly releasing specific details of investigations” in spite of the fact that it has had over 9 months, or longer if you consider above mentioned document on righttoknow.org.au that the ANU was aware of issues as early as April 2022.
- There is also argument that release could impact the ANU’s ability to “manage issues of the same or similar nature in future”. I imagine the impact of people being aware that the ANU investigates issues it becomes aware of is only a positive one, and therefore not grounds for exemption.
The above points cover claims of conditional exemptions under section 47E(c),47E(d), and 47F.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/n...
Faithfully you,
Sam
Good Afternoon Sam,
Confirming receipt of your request for Internal Review.
This will be actioned by a senior officer of the University who holds appropriate delegations under Commonwealth FOI legislation.
Noting that your request was received on 27 February 2025, the University has 30 days to provide you with a decision.
This decision will be provided to you via this medium unless you specify otherwise.
The date for decision is currently calculated as 29 March 2025.
If you have any questions in the meantime, please feel free to reach out at your convenience.
Kind regards,
ANU FOI Team