New OAIC stricture roles
Dear Office of the Australian Information Commissioner,
Noting your previous document release to me, which indicates OAIC SES did not undertake any real consultation prior to deciding to create new 'principal director' roles in its revised organisational structure, I seek the following documents (dated between january 2024 to current):
- documents held which contain information relating to how the OAIC can appoint an EL2 with a permanent IFA (individual financial agreement/arrnagement) in place or whether IFA'S would be temporary and reviewed at regular intervals?
- documents held which discuss the proposed salary or salary range of IFA'S for principal directors
-documents that outline how the OAIC has ensured principal director duties align to the EL2 duties in the ILS published by the APSC, or alternatively how their duties sit above or outside of the EL2 ILS and how EL2 classification is still appropriate in that circumstance
- documents that outline how it is good use of public money to pay an EL2 more than other EL2's if their duties meet the description of an EL2 in the ILS
- documents which describe which other agencies "commonly" place EL2's on IFA'S, the previous document release indicates there are no documents held by the agency that actually recorded which agencies have these arrangements, so it does not appear that OAIC actually sought advice or undertook consultation before drawing this conclusion.
-the remainder of the contents of the document partially released to me in my previous request.
Yours faithfully,
U.P.
Your email has been received by the Office of Australian Information
Commissioner.
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Our reference: FOIREQ24/00552
Dear U.P.
Freedom of Information request
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act).
You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 24 October 2024. This means that a decision on your
FOI request is currently due by 25 November 2024.
Scope of your request
Your FOI request was made in the following terms:
Noting your previous document release to me, which indicates OAIC SES did
not undertake any real consultation prior to deciding to create new
'principal director' roles in its revised organisational structure, I seek
the following documents (dated between january 2024 to current):
- documents held which contain information relating to how the OAIC can
appoint an EL2 with a permanent IFA (individual financial
agreement/arrnagement) in place or whether IFA'S would be temporary and
reviewed at regular intervals?
- documents held which discuss the proposed salary or salary range of
IFA'S for principal directors -documents that outline how the OAIC has
ensured principal director duties align to the EL2 duties in the ILS
published by the APSC, or alternatively how their duties sit above or
outside of the EL2 ILS and how EL2 classification is still appropriate in
that circumstance
- documents that outline how it is good use of public money to pay an EL2
more than other EL2's if their duties meet the description of an EL2 in
the ILS
- documents which describe which other agencies "commonly" place EL2's on
IFA'S, the previous document release indicates there are no documents held
by the agency that actually recorded which agencies have these
arrangements, so it does not appear that OAIC actually sought advice or
undertook consultation before drawing this conclusion.
-the remainder of the contents of the document partially released to me in
my previous request.
In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.
We will not identify you as the FOI applicant during any consultation
process. However, documents that are within the scope of your request that
the OAIC may need to consult third parties about may contain your personal
information.
Timeframes for dealing with your request
Section 15 of the FOI Act requires the OAIC to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.
The current decision due date for your request is 25 November 2024. We
will advise you if this timeframe is otherwise extended.
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Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.
If you would like to discuss your FOI request, please contact me on my
contact details set out below.
Yours sincerely
[1][IMG] Emily Elliott
Senior Lawyer
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
E [2][OAIC request email]
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.
[3]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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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.
References
Visible links
1. https://www.oaic.gov.au/
2. mailto:[OAIC request email]
3. https://www.oaic.gov.au/engage-with-us/n...
Our reference: FOIREQ24/00552
Dear U.P.
I refer to your freedom of information request (FOI request) received by
the Office of the Australian Information Commissioner (the OAIC) on 24
October 2024.
Request for an extension of time
At this stage, the due date of your FOI request is 25 November 2024.
The OAIC is currently handling a significantly higher amount of FOI
requests than normal while also operating below our ordinary capacity for
internal personnel reasons. Additionally, the OAIC is required to
undertake consultation with other agencies prior to the release of the
material to you.
Accordingly, I am writing to you to seek your agreement to an extension of
time under s 15AA of the FOI Act by a further 14 days. If agreed, this
will extend the time for the OAIC to process your request by 14 days until
2 December 2024.
I would be grateful to receive your response to be sent by reply email to
[1][OAIC request email] as soon as you can but by COB on Wednesday 20 November
2024.
Please note that we will continue to process your request as efficiently
as possible. We will endeavour to make a decision on your request earlier
than this extended date, if we are in a position to do so.
If you have any further questions, please do not hesitate to contact
[2][OAIC request email].
Kind regards
David
[3][IMG] David Moore (he/him)
Principal Lawyer
Office of the Australian Information Commissioner
Sydney
P +61 2 9942 4131 E [4][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.
[5]Subscribe to Information Matters
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.
References
Visible links
1. mailto:[OAIC request email]
2. mailto:[OAIC request email]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/engage-with-us/n...
Dear MOORE,David,
I grant a 3 day extension which considers the need to consult other agencies.
Yours sincerely,
U.P.
Dear U.P.
Thank you - The due date of your FOI request is now 28 November 2024.
Kind regards
David
David Moore (he/him)
Principal Lawyer
Office of the Australian Information Commissioner
Sydney
P +61 2 9942 4131 M +61 473 015 436 E [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.
Subscribe to Information Matters
Our reference: FOIREQ24/00552
Dear U.P
Freedom of information request no. FOIREQ24/00552
I refer to your request made under the Freedom of Information Act 1982
(Cth) (FOI Act).
Your request was received by the Office of the Australian Information
Commissioner (OAIC) on 24 October 2024.
Your request includes documents which contain information concerning an
organisation’s business or professional affairs. Accordingly, the OAIC is
required to consult with that organisation(s) under s 27 of the FOI Act
before making a decision on the release of those document(s).
For this reason, the period for processing your request has been extended
by 30 days to allow time for this consultation (see s 15(6) of the FOI
Act). This means that the processing period for your request will now end
on 26 December 2024. The final day to notify a decision will be 27
December 2024.
The consultation mechanism under ss 27 apply when we believe the person or
organisation concerned may wish to contend that the requested documents
are exempt for reasons of personal privacy or may adversely affect their
business or financial affairs.
The FOI decision maker will consider any comments received as part of the
consultation process. However, the final decision about whether to grant
you access to the documents, rests with the FOI decision maker.
In the event that the FOI decision maker makes a decision to release
material, despite objection from a consulted third party, that third party
has review rights available to them should they wish to contest such a
decision.
We will not identify you as the FOI applicant during any consultation
process. Please note that documents that are within the scope of your
request may contain your personal information or information that may
identify you.
Regards
[1][IMG] Sarah Forrester (she/her)
A/g Director, Governance, Risk and Compliance (FOI)
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P (02) 9246 0569 E [2][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.
[3]Subscribe to Information Matters
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.
References
Visible links
1. https://www.oaic.gov.au/
2. mailto:[email address]
3. https://www.oaic.gov.au/engage-with-us/n...