Official functions
Dear Department of the Prime Minister and Cabinet,
I would like to make the following FOI request
1.list of functions/receptions hosted by the prime minister since october 2016 to the present for foreign heads of state/government. to include the total list of attendees there names and roles.
To clarify the information provided in written answer to question 125 of the additional estimates 2016-2017 no names were provided. the list said official party, prime minister's office staff etc without saying who anyone was. So i'm requesting the names of people attending these functions
Yours faithfully,
alan cole
UNCLASSIFIED
FOI/2017/123
Dear Mr Cole
Thank you for your email dated 22 July 2017, received by the Department of
the Prime Minister and Cabinet (the Department), in which you made a
request to the Department under the Freedom of Information Act 1982 (the
FOI Act) in the following terms:
list of functions/receptions hosted by the prime minister since october
2016 to the present for foreign heads of state/government. to include the
total list of attendees there names and roles.
To clarify the information provided in written answer to question 125 of
the additional estimates 2016-2017 no names were provided. the list said
official party, prime minister's office staff etc without saying who
anyone was. So i'm requesting the names of people attending these
functions
Timeframe for receiving your decision
We received your request on 22 July 2017 and the 30 day statutory period
for processing your request commenced from the day after that date. You
should therefore expect a decision from us by 21 August 2017. The period
of 30 days may be extended in certain circumstances. We will advise you if
there is any extension of time.
Charges
Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.
Publication of documents
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]http://www.dpmc.gov.au/pmc/accountabilit...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email]. If you
do wish to object to the publication of information, you would need to
provide supporting reasons.
Exclusion of officers’ names and contact details
For documents that fall within scope of the request, it is the
Department’s policy to withhold:
· any person’s signature;
· the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);
· the mobile or direct numbers of SES officers;
· the names and contact details of Ministerial staff at a level
below Chief of Staff.
The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [3][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).
We will write again when the Department has more information. Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner at
[4]http://www.oaic.gov.au/foi-portal/about_....
Yours sincerely
FOI Adviser
Access and Administrative Review Section | Honours and Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. 02 6271 5849
e. [5][DPMC request email]
[6]www.pmc.gov.au
PO Box 6500 CANBERRA ACT 2600
[7]Description: Description: Description: FOI design element
References
Visible links
1. http://www.dpmc.gov.au/pmc/accountabilit...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. http://www.oaic.gov.au/foi-portal/about_...
5. mailto:[DPMC request email]
6. http://www.pmc.gov.au/
UNCLASSIFIED
Dear Mr Cole
Please find attached the practical refusal consultation notice in relation to your FOI request with the Department of the Prime Minister and Cabinet - ref: FOI/2017/123.
Kind regards
FOI Adviser
Access and Administrative Review | Honours and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. +61 2 6271 5849 e. | [DPMC request email] | www.dpmc.gov.au PO Box 6500 CANBERRA ACT 2600
Dear FOI,
Responding to your refusal to provide the information I will narrow the request from all functions to x2 functions. the lunch for the prime minister of singapore in the great hall and the lunch for the prime minister of israel at the international convention center
Yours sincerely,
alan cole
Dear FOI,
Can you provide an update to my updated foi request with more narrow terms ?
Yours sincerely,
alan cole
UNCLASSIFIED
Dear Mr Cole
Thank you for your email.
The decision-maker is considering your revised request. You should expect a decision from us by 21 August 2017. If there's any expected delay, we will contact you.
Kind regards
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. +61 2 6271 5849 e. | [DPMC request email] | www.dpmc.gov.au PO Box 6500 CANBERRA ACT 2600
UNCLASSIFIED
Dear Mr Cole
Please find attached the access decision in relation to your FOI request
with the Department of the Prime Minister and Cabinet – ref: FOI/2017/123.
Kind regards
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy
Branch
Government Division | Department of the Prime Minister and Cabinet
p. +61 2 6271 5849
e. | [1][DPMC request email] | [2]www.dpmc.gov.au
PO Box 6500 CANBERRA ACT 2600
[3]cid:image005.jpg@01D30607.6CF4DA00
References
Visible links
1. mailto:[DPMC request email]
2. http://www.dpmc.gov.au/
Dear FOI,
I would like to request an administrative review of this refusal. I would like to draw attention to FOI/2014/215 and this document https://www.pmc.gov.au/sites/default/fil....
This document provided hundreds of names for 6 different events which would have taken even longer to do than my request. the only names redacted are from the pmo everyone else including foreign government officials has been published. So my question is why were you able to do this where the timescale would be greater but not my request where the scope was even smaller ?
If you could advise why this FOI was granted and mine was refused in your review or grant the information i requested which was less than this FOI request i linked too.
Yours sincerely,
alan cole
Dear FOI,
i requested an internal review of this on August 21st it is now october 6th ? what is your timeframe to complete an internal review ?
Yours sincerely,
alan cole
JS left an annotation ()
A Privacy Notice should be included in official invitations to the effect that names and positions of those attending will be disclosed under FOI. If they attend they consent to disclosure.
alan cole left an annotation ()
Thankyou I am not a public servant but i hope they will provide a response soon to my internal request as you say it is way overdue
UNCLASSIFIED
Dear Mr Cole
We apologies for the delay. PM&C is consulting with the Israeli Embassy regarding possible release of the documents. Once we receive comments from the Israeli Embassy, we will notify you the decision as soon as possible.
We will be in touch in due course.
Regards
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. +61 2 6271 5849 e. | [DPMC request email] | www.dpmc.gov.au PO Box 6500 CANBERRA ACT 2600
Dear FOI,
I requested an administrative review due to the refusal on cost and i gave you my arguements when i requested the review which was not just about the israeli event but the singapore one too. but now you state your consulting with the embassy of israel which is going back to the original FOI request. so what is the outcome of the review as you have had near 2 months with this i'm sure you are aware of 54C(3) of the FOi Act ?
Yours sincerely,
alan cole
UNCLASSIFIED
Dear Mr Cole
Thank you for your email.
The Department is undertaking an internal review of the decision issued to you on 18 August 2017 (attached refers). We understand that you are seeking access to the lists of attendees for two functions, namely the lunch for the Prime Minister of Singapore in the Great Hall and the lunch for the Prime Minister at the international convention centre. The consultation with the High Commission of Singapore regarding the possible release of the document has been finalised. As suggested in our email to you dated 10 October 2017, the consultation with the Embassy of Israel is not finalised yet. Once we receive comments from the Israeli Embassy, we will notify you of the decision as soon as possible.
Apologies again for the delay.
Regards
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. +61 2 6271 5849 e. | [DPMC request email] | www.dpmc.gov.au PO Box 6500 CANBERRA ACT 2600
UNCLASSIFIED
Dear Mr Cole
Just letting you know that the Embassy of Israel has been in touch to advise that due to the Jewish high holiday Jerusalem has been on extended leave and staffs have just returned to work, the Embassy of Israel would be able to provide a response by next Friday 27 October 2017. We hope to finalise this request as soon as possible.
Apologies again for the delay.
Regards
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. +61 2 6271 5849 e. | [DPMC request email] | www.dpmc.gov.au PO Box 6500 CANBERRA ACT 2600
Dear FOI,
thankyou for your update i look forward to getting your reply today
Yours sincerely,
alan cole
UNCLASSIFIED
Dear Mr Cole
Thank you for your patience and understanding. We have explained the urgency of this matter to the Embassy and that the request is overdue. The Embassy has advised us that they need extra time to consult their government. We have asked for a response as soon as practicable but no later than 3 November 2017.
We will be in touch once we have more information.
Apologise again for the delay.
Regards
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. +61 2 6271 5849 e. | [DPMC request email] | www.dpmc.gov.au PO Box 6500 CANBERRA ACT 2600
Dear FOI,
you said no later than november 3rd and it is now november 7th as this has been going on since August i think this is enough by now and for you to make a decision rather than keep extending it indefinately I mean i'm sure your aware of 54C(3) of the FOi Act ?
Yours sincerely,
alan cole
Dear FOI,
Do you not plan to respond to my email of november 7th ? i keep stating this review is very long overdue and your department is not complying with the FOI act. I believe 3 months is not really acceptable and you still have not provided a response.
Yours sincerely,
alan cole
UNCLASSIFIED
Dear Mr Cole
I'm sorry for not being able to reply your email of November 7th sooner.
Please be assured that we are working vigorously to finalise any necessary consultations. However, due to the complexity of the documents involved and the need to consult foreign governments, this request has been taken longer than expected. Please accept our sincere apologies to the delay.
While we can't give you a definite timeframe as to when a decision can be finalised at this point, we hope a decision can be finalised in the coming fortnight.
Yours sincerely
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. +61 2 6271 5849 e. | [DPMC request email] | www.dpmc.gov.au PO Box 6500 CANBERRA ACT 2600
Dear FOI,
I hope so as this is the 3rd estimate that you have given on a timeframe and forgive me but i asked for a guest list i'm assuming that is 1 document and not a very complex and i really don't understand why it takes 3 months and counting for someone to make a decision over that. And i believe the process has already been completed for the singapore one so you can release that response right ?
Yours sincerely,
alan cole
UNCLASSIFIED
Dear Mr Cole
Please be assured that we're working vigorously to finalise any necessary consultations. Your request is close to finalisation, I will be in touch with documents that can be released to you as soon as I can.
Yours sincerely
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. +61 2 6271 5849 e. | [DPMC request email] | www.dpmc.gov.au PO Box 6500 CANBERRA ACT 2600
UNCLASSIFIED
Dear Mr Cole
Apologise for the delay in finalising your request. Please see attached
the access decision and documents that can be released to you in relation
to your FOI internal review with the Department – ref: FOI/2017/123.
Yours sincerely
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy
Branch
Government Division | Department of the Prime Minister and Cabinet
p. +61 2 6271 5849
e. | [1][DPMC request email] | [2]www.dpmc.gov.au
PO Box 6500 CANBERRA ACT 2600
[3]cid:image005.jpg@01D30607.6CF4DA00
References
Visible links
1. mailto:[DPMC request email]
2. http://www.dpmc.gov.au/
Verity Pane left an annotation ()
These considerable delays suffered by the applicant, due to PM&C claiming (and laying blame for delays on) consultations with foreign attendees shows PM&C has continued to ignore past IC Review decisions of the Information Commissioner, specifically ‘FX’ and Department of Prime Minister and Cabinet [2015] AICmr 39 (5 June 2015), in which Pilgrim stated [31-33]:
The consultation provisions of the FOI Act prescribe when consultation is required before a decision is made is to give access to documents. These provisions do not include consulting with foreign governments.
In relation to documents affecting personal privacy, consultation is only required where a person might reasonably wish to make an exemption contention that the document is conditionally exempt under s 47F (personal privacy) and that giving access to the document would, on balance, be contrary to the public interest.
A document is conditionally exempt under s 47F if disclosure would involve an unreasonable disclosure of personal information. The Guidelines explain that where a public servant’s personal information is included in a document because of their usual duties or responsibilities, it would not be unreasonable to disclose unless special circumstances existed [which includes foreign public officials].
PM&C contends that there is nothing in the FOI Act that expressly limits the type or extent of the consultation it chooses to undertake. However, it is implicit in the objectives of the FOI Act (s 3(4)) that an agency will process a request efficiently. Section 3(4) expressly provides that Parliament intends that the functions and powers given by the FOI Act are to be performed and exercised, as far as possible, to facilitate and promote public access to information promptly and at the lowest reasonable cost. Where an agency extends consultation beyond that required by the FOI Act, it increases the processing cost and time. In those circumstances, I am satisfied that the extended consultation cannot then be use[d].
Fliccy left an annotation ()
The Department of the Prime Minister and Cabinet are notorious for treating the FOI Act with contempt, as if compliance with a law of the Commonwealth is somehow optional. Staff at PM&C are dodgy and that's a culture that cultivated from the top down - not just from senior executives at PM&C, but the most corrupt and dishonest Governments Australia has had for decades.
Your internal review decision was due weeks ago (see s. 54C(3) of the FOi Act).
If you're a public servant, you might consider lodging a public interest disclosure against the relevant officer at PM&C by reference to that officer's clear contravention of subsection 13(4) of the Public Service Act 1999, (which requires PMC staff to comply with the law - which they clearly haven't in this case, because doing so didn't suit PM&C's political objectives).
see here: https://www.pmc.gov.au/government/public...