Public sector corruption – Peter Woolcott and Phil Gaetjens
Dear Australian Public Service Commission,
Under the FOI Act I seek access to a copy of the document transposed below, being an email thread (and a Commonwealth record for the purpose of s.24 of the Archives Act), sent by Giorgina Strangio, (the APSC’s Assistant Commissioner for INTEGRITY, Performance & Employment Policy Group), on behalf of the Australian Public Service Commissioner, Peter Woolcott, clearing his Liberal Party bedfellow, senior Liberal Party member, close personal friend of Scott Morrison and head of the public service, Phil Gaetjens, of corruption.
Release of the email is in the public interest because it provides clear and binding guidance to all members of the APS from the head of the public service, Phil Gaetjens, and the Australian Public Service Commissioner Peter Woolcott (who is legally required to “uphold high standards of integrity and conduct in the APS”), that it’s absolutely fine, and will not constitute a breach of the APS Code of Practice, for Commonwealth public servants to:
- refuse to respond to legitimate correspondence received from members of the Australian public (eg. Ministerials, requests for information etc); and
- turn a blind eye to public sector corruption where it is in a public servant’s political interests to do so.
Release of the document will also add to the current debate, in which there is significant public interest, about whether there should be an independent body to investigate corruption that is now at endemic levels across the whole of the executive and legislative branches of the Commonwealth public sector.
In accordance with the FOI Guidelines I consent to the redaction of any personal information from the document except to the extent that it relates to a Commonwealth public servant, statutory officer or a Member of Parliament.
Noting the APSC’s recent history of engaging in politically motivated corruption, and the practices of the APSC’s senior management group in attempting to cover up politically motivated corruption, I request that my FOI request be processed by APSC officers as if they were honest and apolitical public servants that conduct themselves with integrity.
On the assumption the document hasn’t been destroyed in the commission of a criminal offence by Ms Strangio, it should be able to be identified in the sent folder of Ms Strangio’s Microsoft Outlook account in a matter of minutes.
Thanks
P Rennie
____________
RE: Complaint per s.41A of the Public Service Act - Mr Phil Gaetjens [SEC=OFFICIAL]
From:Strangio, Giorgina <[email address]>
To: balfour_s <[email address]>
Subject: RE: Complaint per s.41A of the Public Service Act - Mr Phil Gaetjens [SEC=OFFICIAL]
Monday, August 16th, 2021 at 5:00 PM
OFFICIAL
Dear S Balfour,
Thank you for your email to the Australian Public Service Commissioner, Mr Peter Woolcott AO. The Commissioner has asked me to respond on his behalf.
As I understand your email, you are alleging that in not responding to your correspondence, Mr Gaetjens has failed to uphold several of the Australian Public Service (APS) Values, and breached a number of elements of the APS Code of Conduct.
On the information that you have provided, Mr Gaetjen’s actions do not, on their face, appear contrary to his obligations under the Australian Public Service Code of Conduct.
Kind regards,
Giorgina
Giorgina Strangio
Assistant Commissioner | Integrity, Performance & Employment Policy Group
Australian Public Service Commission
I acknowledge the traditional owners of the First Nations throughout Australia, and their continuing connection to land, sea and community. I pay my respects to their elders past, present and into the future.
From: balfour_s <[email address]>
Sent: Friday, 13 August 2021 12:26 PM
To: Woolcott, Peter <[email address]>
Cc: Strangio, Giorgina <[email address]>; Kelly, Clare <[email address]>
Subject: Complaint per s.41A of the Public Service Act - Mr Phil Gaetjens
Dear Commissioner
I’m writing to you to allege breaches of the APS Code of Conduct engaged in by Mr Phil Gaetjens, Secretary of the Department of the Prime Minister and Cabinet and Head of the APS.
I note that at your most recent appearance before Senate Estimates, you gave evidence as follows: “ …. if there's a complaint against an agency head, that would come to me to be determined or evaluated “ - which I presume is a reference to your power at section 41A of the Public Service Act 1999.
I refer to your advice set out in this article: https://www.theguardian.com/australia-ne... where you advise that where public servants (such as myself) observe corruption engaged in by Ministers, public servants should “bring [their] concerns to the department of the prime minister and cabinet”.
In December last year I became aware of the misuse of public monies for personal purposes by the Prime Minister and the Treasurer: https://www.theguardian.com/australia-ne...
In accordance with your guidance I wrote to the Secretary of the Department of the Prime Minister and Cabinet on 16 December 2020 advising of the unlawful activity engaged in by the two Ministers at issue requesting that he acknowledge my email and that he consider the matter. A month later, when no response was received, I again wrote (on 14/1/21) to the Secretary requesting at least that he acknowledge, by reply email, my email of December 2020. A month after that, again after no response had been received, I again wrote (on 10 February 2021) requesting that he acknowledge my emails and consider the matter. A record of that correspondence is set out below. To date, no response has been received.
I allege that Mr Gaetjens’ failure to respond (or organise a response noting he has over 2000 staff at his disposal) to my emails of 16/12/20, 14/1/21, and 10/2/21 constitutes a contravention of his obligations under subsections 10(1), 10(2), 10(4), 10(5), 13(1), 13(3), 13(4), 13(7), 13(10) and 13(11) of the Public Service Act 1999 and request that you conduct an inquiry with respect to my allegations.
The outcome your inquiry will offer clear and binding guidance to the whole of the APS as to whether public servants are subject to any positive obligation whatsoever:
- to respond to legitimate correspondence they receive from members of the Australian public (as a public servant that spends half my time at work responding to ministerials and other legitimate correspondence from the Australian public, the outcome of my complaint/your inquiry will determine whether I’m under any obligation to do that work); and
- to report and otherwise address instances of crime, corruption or other unlawful conduct that they come across.
Be it the sexual assault of a member of the APS or a ministerial staffer on Commonwealth property, fraudulent activity that led to taxpayers paying 10 times the real value of assets or the plain vanilla embezzlement/misuse of public funds the subject of my correspondence to the Head of the Public Service – the outcome of this disclosure will clearly set out acceptable standards of behaviour across the entirety of the APS at a time where there is overwhelming public support for the establishment of an independent commission to deal with public sector corruption at the federal level and at a time where the vast majority of Australians do not trust the APS: https://www.theguardian.com/australia-ne...
Regards
S Balfour
‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Wednesday, February 10th, 2021 at 2:05 PM, balfour_s <[email address]> wrote:
From:balfour_s <[email address]>
To: [email address] <[email address]>
CC:[email address] <[email address]>
Subject: Complaint – contraventions of Ministerial Standards and the Parliamentary Business Resources Act 2017 by Ministers Morrison and Frydenberg
Dear Mr Gaetjens
I refer to my previous correspondence to you of 16 December 2020 and 14 January 2021 below, and I note that the results of an FOI application made in respect of the same matter available here: https://twitter.com/william_summers/stat... seem to make it clear that Minister Frydenberg at least has used Commonwealth funds for personal purposes in breach of his legal obligations and Ministerial Standards.
This article: https://www.themonthly.com.au/issue/2021... also discusses the particular misuse of taxpayer funds apparently engaged in by Ministers Morrison and Frydenberg amongst a broader discussion of corruption that is apparently now at endemic levels across the Commonwealth public sector.
Again, I ask you to acknowledge receipt of my emails below and that you update me in relation to your consideration of this serious matter.
As Commonwealth public servants, the standard we walk past is the standard we accept. And as apolitical, honest and accountable public servants, we play a key role in countering public sector corruption, wherever it occurs.
Regards
S Balfour
‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Thursday, January 14, 2021 7:50 AM, balfour_s <[email address]> wrote:
To: [email address] [email address]
CC:[email address] [email address]
Subject: Complaint – contraventions of Ministerial Standards and the Parliamentary Business Resources Act 2017 by Ministers Morrison and Frydenberg
Dear Mr Gaetjens
While you may have not yet concluded your investigation into the unlawful activity to which my complaint, set out below, refers; I would appreciate if you could extend me the courtesy of acknowledging receipt of my complaint.
Regards
S Balfour
‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Wednesday, December 16, 2020 10:52 AM, balfour_s <[email address]> wrote:
To: [email address] [email address]
CC: [email address] [email address]
Subject: Complaint – contraventions of Ministerial Standards and the Parliamentary Business Resources Act 2017 by Ministers Morrison and Frydenberg
Dear Mr Gaetjens
I refer you to the following article regarding the Prime Minister’s and the Treasurer’s use of public funds for personal purposes:
https://www.theguardian.com/australia-ne...
I note that despite numerous requests, Ministers Morrison and Frydenberg have repeatedly failed to provide an explanation as to their use of public funds for the purpose set out in the article.
Accordingly, I wish to lodge a complaint with your office that Ministers Morrison and Frydenberg have therefore contravened:
- subsection 25(3) of the Parliamentary Business Resources Act 2017; and
- paragraphs 1.2, 1.3, 4.1, 4.4 and 6.1 of the Statement of Ministerial Standards as published and maintained by your office.
I request that you acknowledge this complaint, investigate this matter and advise me of the outcome of your investigation.
Regards
S Balfour
OFFICIAL
Dear P Rennie
The Australian Public Service Commission (APSC) is writing to acknowledge
receipt of your request under the Freedom of Information Act 1982 (FOI
Act).
The timeframe for responding to your request is 30 days from the date of
receipt. This timeframe may be extended in certain circumstances. You will
be notified if these circumstances arise and the timeframe is extended.
Regards
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
t: 02 6202 3500 w: [1]www.apsc.gov.au
[2]three hexagons[3]twitter icon [4]facebook
icon
This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
-----Original Message-----
From: P Rennie <[FOI #8003 email]>
Sent: Friday, 22 October 2021 5:14 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Public sector corruption – Peter
Woolcott and Phil Gaetjens
Dear Australian Public Service Commission,
Under the FOI Act I seek access to a copy of the document transposed
below, being an email thread (and a Commonwealth record for the purpose of
s.24 of the Archives Act), sent by Giorgina Strangio, (the APSC’s
Assistant Commissioner for INTEGRITY, Performance & Employment Policy
Group), on behalf of the Australian Public Service Commissioner, Peter
Woolcott, clearing his Liberal Party bedfellow, senior Liberal Party
member, close personal friend of Scott Morrison and head of the public
service, Phil Gaetjens, of corruption.
Release of the email is in the public interest because it provides clear
and binding guidance to all members of the APS from the head of the public
service, Phil Gaetjens, and the Australian Public Service Commissioner
Peter Woolcott (who is legally required to “uphold high standards of
integrity and conduct in the APS”), that it’s absolutely fine, and will
not constitute a breach of the APS Code of Practice, for Commonwealth
public servants to:
- refuse to respond to legitimate correspondence received
from members of the Australian public (eg. Ministerials, requests for
information etc); and
- turn a blind eye to public sector corruption where it is in
a public servant’s political interests to do so.
Release of the document will also add to the current debate, in which
there is significant public interest, about whether there should be an
independent body to investigate corruption that is now at endemic levels
across the whole of the executive and legislative branches of the
Commonwealth public sector.
In accordance with the FOI Guidelines I consent to the redaction of any
personal information from the document except to the extent that it
relates to a Commonwealth public servant, statutory officer or a Member of
Parliament.
Noting the APSC’s recent history of engaging in politically motivated
corruption, and the practices of the APSC’s senior management group in
attempting to cover up politically motivated corruption, I request that my
FOI request be processed by APSC officers as if they were honest and
apolitical public servants that conduct themselves with integrity.
On the assumption the document hasn’t been destroyed in the commission of
a criminal offence by Ms Strangio, it should be able to be identified in
the sent folder of Ms Strangio’s Microsoft Outlook account in a matter of
minutes.
Thanks
P Rennie
____________
RE: Complaint per s.41A of the Public Service Act - Mr Phil Gaetjens
[SEC=OFFICIAL]
From:Strangio, Giorgina <[5][email address]>
To: balfour_s <[6][email address]>
Subject: RE: Complaint per s.41A of the Public Service Act - Mr Phil
Gaetjens [SEC=OFFICIAL]
Monday, August 16th, 2021 at 5:00 PM
OFFICIAL
Dear S Balfour,
Thank you for your email to the Australian Public Service Commissioner, Mr
Peter Woolcott AO. The Commissioner has asked me to respond on his behalf.
As I understand your email, you are alleging that in not responding to
your correspondence, Mr Gaetjens has failed to uphold several of the
Australian Public Service (APS) Values, and breached a number of elements
of the APS Code of Conduct.
On the information that you have provided, Mr Gaetjen’s actions do not, on
their face, appear contrary to his obligations under the Australian Public
Service Code of Conduct.
Kind regards,
Giorgina
Giorgina Strangio
Assistant Commissioner | Integrity, Performance & Employment Policy Group
Australian Public Service Commission
I acknowledge the traditional owners of the First Nations throughout
Australia, and their continuing connection to land, sea and community. I
pay my respects to their elders past, present and into the future.
From: balfour_s <[7][email address]>
Sent: Friday, 13 August 2021 12:26 PM
To: Woolcott, Peter <[8][email address]>
Cc: Strangio, Giorgina <[9][email address]>; Kelly, Clare
<[10][email address]>
Subject: Complaint per s.41A of the Public Service Act - Mr Phil Gaetjens
Dear Commissioner
I’m writing to you to allege breaches of the APS Code of Conduct engaged
in by Mr Phil Gaetjens, Secretary of the Department of the Prime Minister
and Cabinet and Head of the APS.
I note that at your most recent appearance before Senate Estimates, you
gave evidence as follows: “ …. if there's a complaint against an agency
head, that would come to me to be determined or evaluated “ - which I
presume is a reference to your power at section 41A of the Public Service
Act 1999.
I refer to your advice set out in this article:
[11]https://www.theguardian.com/australia-ne...
where you advise that where public servants (such as myself) observe
corruption engaged in by Ministers, public servants should “bring [their]
concerns to the department of the prime minister and cabinet”.
In December last year I became aware of the misuse of public monies for
personal purposes by the Prime Minister and the Treasurer:
https://www.theguardian.com/australia-ne...
In accordance with your guidance I wrote to the Secretary of the
Department of the Prime Minister and Cabinet on 16 December 2020 advising
of the unlawful activity engaged in by the two Ministers at issue
requesting that he acknowledge my email and that he consider the matter. A
month later, when no response was received, I again wrote (on 14/1/21) to
the Secretary requesting at least that he acknowledge, by reply email, my
email of December 2020. A month after that, again after no response had
been received, I again wrote (on 10 February 2021) requesting that he
acknowledge my emails and consider the matter. A record of that
correspondence is set out below. To date, no response has been received.
I allege that Mr Gaetjens’ failure to respond (or organise a response
noting he has over 2000 staff at his disposal) to my emails of 16/12/20,
14/1/21, and 10/2/21 constitutes a contravention of his obligations under
subsections 10(1), 10(2), 10(4), 10(5), 13(1), 13(3), 13(4), 13(7), 13(10)
and 13(11) of the Public Service Act 1999 and request that you conduct an
inquiry with respect to my allegations.
The outcome your inquiry will offer clear and binding guidance to the
whole of the APS as to whether public servants are subject to any positive
obligation whatsoever:
- to respond to legitimate correspondence they receive from members of the
Australian public (as a public servant that spends half my time at work
responding to ministerials and other legitimate correspondence from the
Australian public, the outcome of my complaint/your inquiry will determine
whether I’m under any obligation to do that work); and
- to report and otherwise address instances of crime, corruption or other
unlawful conduct that they come across.
Be it the sexual assault of a member of the APS or a ministerial staffer
on Commonwealth property, fraudulent activity that led to taxpayers paying
10 times the real value of assets or the plain vanilla embezzlement/misuse
of public funds the subject of my correspondence to the Head of the Public
Service – the outcome of this disclosure will clearly set out acceptable
standards of behaviour across the entirety of the APS at a time where
there is overwhelming public support for the establishment of an
independent commission to deal with public sector corruption at the
federal level and at a time where the vast majority of Australians do not
trust the APS:
https://www.theguardian.com/australia-ne...
Regards
S Balfour
‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Wednesday, February 10th, 2021 at 2:05 PM, balfour_s
<[12][email address]> wrote:
From:balfour_s <[13][email address]>
To: [14][email address] <[15][email address]>
CC:[email address] <[16][email address]>
Subject: Complaint – contraventions of Ministerial Standards and the
Parliamentary Business Resources Act 2017 by Ministers Morrison and
Frydenberg
Dear Mr Gaetjens
I refer to my previous correspondence to you of 16 December 2020 and 14
January 2021 below, and I note that the results of an FOI application made
in respect of the same matter available here:
[17]https://twitter.com/william_summers/stat... seem to
make it clear that Minister Frydenberg at least has used Commonwealth
funds for personal purposes in breach of his legal obligations and
Ministerial Standards.
This article:
[18]https://www.themonthly.com.au/issue/2021...
also discusses the particular misuse of taxpayer funds apparently engaged
in by Ministers Morrison and Frydenberg amongst a broader discussion of
corruption that is apparently now at endemic levels across the
Commonwealth public sector.
Again, I ask you to acknowledge receipt of my emails below and that you
update me in relation to your consideration of this serious matter.
As Commonwealth public servants, the standard we walk past is the standard
we accept. And as apolitical, honest and accountable public servants, we
play a key role in countering public sector corruption, wherever it
occurs.
Regards
S Balfour
‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Thursday, January 14, 2021 7:50 AM, balfour_s
<[19][email address]> wrote:
To: [20][email address] [email address]
CC:[email address] [email address]
Subject: Complaint – contraventions of Ministerial Standards and the
Parliamentary Business Resources Act 2017 by Ministers Morrison and
Frydenberg
Dear Mr Gaetjens
While you may have not yet concluded your investigation into the unlawful
activity to which my complaint, set out below, refers; I would appreciate
if you could extend me the courtesy of acknowledging receipt of my
complaint.
Regards
S Balfour
‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Wednesday, December 16, 2020 10:52 AM, balfour_s
<[21][email address]> wrote:
To: [22][email address] [email address]
CC: [23][email address] [email address]
Subject: Complaint – contraventions of Ministerial Standards and the
Parliamentary Business Resources Act 2017 by Ministers Morrison and
Frydenberg
Dear Mr Gaetjens
I refer you to the following article regarding the Prime Minister’s and
the Treasurer’s use of public funds for personal purposes:
https://www.theguardian.com/australia-ne...
I note that despite numerous requests, Ministers Morrison and Frydenberg
have repeatedly failed to provide an explanation as to their use of public
funds for the purpose set out in the article.
Accordingly, I wish to lodge a complaint with your office that Ministers
Morrison and Frydenberg have therefore contravened:
- subsection 25(3) of the Parliamentary Business Resources Act 2017; and
- paragraphs 1.2, 1.3, 4.1, 4.4 and 6.1 of the Statement of Ministerial
Standards as published and maintained by your office.
I request that you acknowledge this complaint, investigate this matter and
advise me of the outcome of your investigation.
Regards
S Balfour
-------------------------------------------------------------------
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19. mailto:[email address]
20. mailto:[email address]
21. mailto:[email address]
22. mailto:[email address]
23. mailto:[email address]
24. mailto:[APSC request email]
Dear FOI,
Thank you for your email acknowledging receipt.
Further to my request, noting that the righttoknow platform obscures email addresses contained within FOI applications and related correspondence - for the benefit of Australian taxpayers, members of the APS and any other persons that have an interest in public sector corruption that is now widespread across the Commonwealth public sector (and will therefore have an interest in my FOI application) the emails transposed as part of my application were sent to Phil Gaetjens at his DPMC issued email address as well as to his executive assistant Bev Sims at her DPMC issued email account (incidentally, Ms Sims, like Mr Gaetjens, also refused to acknowledge or respond to my allegations of corruption engaged in by the Prime Minister and the Treasurer as notified to the Secretary of DPMC in accordance with directions given by the Public Service Commissioner, Peter Woolcott).
I note that the personal information referred to above (ie. the identities of the Secretary of DPMC and his EA, as well as their DPMC issued email addresses, are publicly available by virtue of being published on the internet).
I should also add that, if required, I’ll provide further detail as to why the release of the document the subject of my request is in the public interest by reference to individuals officers (current and former) both at the APSC and DPMC who have been engaged in, or have otherwise sought to cover up, public sector corruption.
Yours sincerely,
P Rennie
OFFICIAL
Dear P Rennie
Please find attached correspondence relating to your freedom of
information request.
Regards
FOI Officer
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
t: 02 6202 3500 w: [1]www.apsc.gov.au
[2]three hexagons[3]twitter icon [4]facebook
icon
This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
-----Original Message-----
From: P Rennie <[FOI #8003 email]>
Sent: Thursday, 28 October 2021 3:38 PM
To: FOI <[email address]>
Subject: RE: Freedom of Information request - Public sector corruption –
Peter Woolcott and Phil Gaetjens [SEC=OFFICIAL]
Dear FOI,
Thank you for your email acknowledging receipt.
Further to my request, noting that the righttoknow platform obscures email
addresses contained within FOI applications and related correspondence -
for the benefit of Australian taxpayers, members of the APS and any other
persons that have an interest in public sector corruption that is now
widespread across the Commonwealth public sector (and will therefore have
an interest in my FOI application) the emails transposed as part of my
application were sent to Phil Gaetjens at his DPMC issued email address as
well as to his executive assistant Bev Sims at her DPMC issued email
account (incidentally, Ms Sims, like Mr Gaetjens, also refused to
acknowledge or respond to my allegations of corruption engaged in by the
Prime Minister and the Treasurer as notified to the Secretary of DPMC in
accordance with directions given by the Public Service Commissioner, Peter
Woolcott).
I note that the personal information referred to above (ie. the identities
of the Secretary of DPMC and his EA, as well as their DPMC issued email
addresses, are publicly available by virtue of being published on the
internet).
I should also add that, if required, I’ll provide further detail as to why
the release of the document the subject of my request is in the public
interest by reference to individuals officers (current and former) both at
the APSC and DPMC who have been engaged in, or have otherwise sought to
cover up, public sector corruption.
Yours sincerely,
P Rennie
-----Original Message-----
OFFICIAL
Dear P Rennie
The Australian Public Service Commission (APSC) is writing to acknowledge
receipt of your request under the Freedom of Information Act 1982 (FOI
Act).
The timeframe for responding to your request is 30 days from the date of
receipt. This timeframe may be extended in certain circumstances. You will
be notified if these circumstances arise and the timeframe is extended.
Regards
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
t: 02 6202 3500 w: [1][5]www.apsc.gov.au
[2]three hexagons[3]twitter icon [4]facebook
icon
This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8003 email]
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:
https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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References
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