Report on the operations of APSC
Dear Australian Public Service Commission,
Subparagraph 17AG(3)(b)(iii) of the Public Governance, Performance and Accountability Rule 2014 (Cth) provides:
The annual report [of a non-corporate Commonwealth entity] must include information on the most significant developments during the period in external scrutiny of the entity, and the entity’s response to that scrutiny, including particulars of any report on the operations of the entity given during the period by the Commonwealth Ombudsman.
Under the Freedom of Information Act 1982 (Cth), I request any reports on the operations of the Australian Public Service Commission given during the 2022-2023 financial year by the Commonwealth Ombudsman.
Yours faithfully,
Cynthia T
OFFICIAL
Good afternoon Cynthia,
I am writing to acknowledge receipt of your request under the Freedom of
Information Act 1982 for access to documents held by the Australian Public
Service Commission (The Commission).
The timeframe for responding to your request is 30 days from the date of
receipt. Therefore, the due date for this request is Monday 20 November
2023.
This timeframe may be extended in certain circumstances. You will be
notified if these circumstances arise and the timeframe is extended.
Kind 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 3813 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.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
Visible links
1. http://www.apsc.gov.au/
3. https://twitter.com/PublicServiceAU
4. https://www.facebook.com/AusPublicService/
OFFICIAL
Dear Cynthia,
Please find attached a notice of decision in relation to your recent
freedom of information request.
Kind 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 3813 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.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
Visible links
1. http://www.apsc.gov.au/
3. https://twitter.com/PublicServiceAU
4. https://www.facebook.com/AusPublicService/
Dear Australian Public Service Commission,
Please pass this to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian Public Service Commission's handling of my FOI request 'Report on the operations of APSC'.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/r...
Yours faithfully,
Cynthia T
OFFICIAL
Good morning Cynthia
FOI request: LEX 761
I am writing to acknowledge receipt of your request for an Internal Review under the Freedom of Information Act 1982 (FOI Act) regarding access to documents held by the Australian Public Service Commission as provided in your email below.
The timeframe for responding to your request is 30 days from the date of receipt. A decision is due to you on Monday, 15 January 2024.
If you have any questions, please contact [email address].
Kind 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
w: www.apsc.gov.au
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.
Our reference: RQ24/00273
Agency reference: LEX 761
Australian Public Service Commission
Cynthia T
Extension of time under s 54D
Dear Parties,
Please find attached an extension of time decision relating to the above
referenced FOI request.
Regards,
[1][IMG] Hannah Holswilder
Director, Freedom of Information Branch
Office of the Australian Information Commissioner
Adelaide | GPO Box 5288 Sydney NSW 2001
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...
OFFICIAL
Dear Cynthia
Please find attached the decision notice on your internal review.
Kind 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
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.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
Visible links
1. http://www.apsc.gov.au/
3. https://twitter.com/PublicServiceAU
4. https://www.facebook.com/AusPublicService/
[1]Office of the Australian Information Reference Code:
Commissioner ICR_10-56280614-4371
You submitted a form called: FOI Review_
Your form reference code is: ICR_10-56280614-4371
To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
Note: Please do not reply to this auto-generated email.
References
Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]
Our reference: MR24/00244
By email: [FOI #10772 email]
Receipt of your IC review application
Thank you for your application for Information Commissioner Review (IC
review).
The Office of the Australian Information Commissioner (OAIC) is
considering your application.
If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [email address] and quote MR24/00244.
Yours sincerely
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
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.
Dear Ms Montenegro,
On 19 October 2023, I requested access to any reports on the operations of the Australian Public Service Commission given during the 2022-2023 financial year by the Commonwealth Ombudsman:
https://www.righttoknow.org.au/request/r....
On internal review, you stated, on 29 January 2024, that “all reasonable steps have been taken to find documents within the scope of your request, and … no such documents falling within scope were found”:
https://www.righttoknow.org.au/request/1....
I think your decision is misleading.
I refer to a freedom of information decision issued by an official in the Office of the Commonwealth Ombudsman in December 2023:
https://archive.org/download/foi-2023-10....
In response to a request for access to a report setting out feedback provided to the Australian Public Service Commission, an official in the Office of the Commonwealth Ombudsman identified an eight page document dated 15 December 2022.
According to the decision maker, the “document located and within the scope of your request includes the Office’s findings, comments and suggestions relating to an investigation, communicated to an agency under s 12(4) of the Ombudsman Act 1976.”
Subsection 12(4) of the Ombudsman Act 1976 (Cth) provides that the “Ombudsman may, if he or she thinks fit, furnish comments or suggestions with respect to any matter relating to or arising out of an investigation by him or her to any Department, body or person other than a Department, body or person to which or to whom he or she has furnished a report under section 15 relating to that matter or to matters that include that matter.”
I have applied for IC review of your decision of 29 January 2024. The IC review reference is MR24/00244.
Yours faithfully,
Cynthia T
Our reference: MR24/00244
Agency reference: LEX 761(686)
Cynthia Tran
By email: [1][FOI #10772 email]
Dear Cynthia Tran
Thank you for your application for review. We have today informed the
Australian Public Service Commission that the Information Commissioner
will undertake an IC review and requested information to assist with
progressing the review.
We will provide you with an update when we have heard from the Australian
Public Service Commission.
Kind regards
[2][IMG] Will Martin (he/him)
Paralegal | FOI Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [3][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.
[4]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:[FOI #10772 email]
2. https://www.oaic.gov.au/
3. mailto:[email address]
4. https://www.oaic.gov.au/engage-with-us/n...
Our reference: MR24/00880
Agency Reference: LEX 872 (814)
By email: [1][FOI #10772 email]
Receipt of your IC review application
Dear Cynthia Tran,
Thank you for your application for Information Commissioner Review
regarding the internal review decision made by the Australian Public
Service Commission on 15 April 2024.
The Office of the Australian Information Commissioner (OAIC) is
considering your application.
If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [2][email address] and quote MR24/00880.
Kind Regards,
[3][IMG] Alex Millar (she/her)
Paralegal
Office of the Australian Information Commissioner
Freedom of Information Branch
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:[FOI #10772 email]
2. mailto:[email address]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/engage-with-us/n...
OFFICIAL
OFFICIAL
Dear Applicant
We have been notified by the Office of the Australian Information
Commissioner (‘OAIC’) that you have sought Information Commissioner review
of the Australian Public Service Commission’s (‘the Commission’) internal
review decision dated 29 January 2024.
We understand that you have sought IC review of the Commission’s internal
review decision because you are not satisfied with the searches undertaken
for documents falling within the scope of your request.
Noting the passage of time since the Commission made its decision, we are
writing to engage with you on your application, in the hopes of resolving
your concerns or at least narrowing the issues in dispute. To this end, we
would be grateful if you could provide us with some further comments
regarding why you disagree with the Commission’s decision and any action
you would like us to take in order to address your concerns. If there are
documents which you have not received, that you are specifically seeking
access to, it would be helpful if you could describe them with as much
specificity as possible.
We would appreciate if you could respond to us by Tuesday, 18 June 2024
with any further submissions you wish to make. Please note, we will
provide a copy of this correspondence and any response received from you
to the OAIC to provide an update on our engagement with you.
Should you have any questions regarding this email, please contact us at
[1][APSC request email] and quote reference number LEX 864.
Kind 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
w: [2]www.apsc.gov.au
[3]three hexagons[4]twitter icon [5]facebook
icon [6]cid:image006.png@01DA79D6.B13C6B20
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.
From: FOI <[email address]>
Sent: Monday, 29 January 2024 11:32 AM
To: [FOI #10772 email]
Cc: FOI <[email address]>
Subject: LEX 761(686) - Internal Review Decision [SEC=OFFICIAL]
OFFICIAL
Dear Cynthia
Please find attached the decision notice on your internal review.
Kind 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
w: [7]www.apsc.gov.au
[8]three hexagons[9]twitter icon [10]facebook
icon [11]cid:image012.png@01DAB7F8.A6DA55B0
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.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
Visible links
1. mailto:[APSC request email]
2. http://www.apsc.gov.au/
4. https://twitter.com/PublicServiceAU
5. https://www.facebook.com/AusPublicService/
7. http://www.apsc.gov.au/
9. https://twitter.com/PublicServiceAU
10. https://www.facebook.com/AusPublicService/
Our reference: MR24/00244
Agency purported internal review reference: LEX 761
Agency initial decision reference: LEX 686
By email: [FOI #10772 email]
Information Commissioner review application about the Australian Public
Service Commission
Dear Cynthia Tran,
I refer to the application for Information Commissioner review (IC review)
of a purported internal review decision made by the Australian Public
Service Commission (the Agency) under the Freedom of Information Act 1982
(Cth) (the FOI Act).
I note that:
* On 29 January 2024, the Agency notified the FOI applicant of their
purported internal review decision via the nominated Right to Know (RTK)
electronic address ‘[FOI #10772 email]’.
1. On 13 February 2024, the Office of the Australian Information
Commissioner (OAIC) received an IC review application which similarly
provided the contact email address of
‘[FOI #10772 email]’.
At this time, the OAIC does not have sufficient evidence to be satisfied
that you were the FOI applicant and, therefore, that you had a right to
apply for IC review.
Action required by you before: 19 June 2024
Section 54L(3) of the FOI Act provides that an Information Commissioner
review (IC review) application may be made by, or on behalf of, the person
who made the request to which the decision relates.
As such, if you wish to proceed with this IC review, please provide a copy
of any notification emails sent by the Right to Know website’s
administrator about the FOI request or a screenshot of the ‘My requests’
page of your account on the Right to Know website (after you log into your
Right to Know account) showing the FOI request in question. You may also
upload a plain text copy of this correspondence to the request on Right to
Know and provide us with confirmation of this.
Discretion not to continue to undertake an IC review
Under s 54W(c) of the FOI Act, the Information Commissioner may decide not
to continue to undertake a review if an applicant fails to comply with a
[1]direction of the Information Commissioner. [1.3]
The Direction as to certain procedures to be followed by applicants in
Information Commissioner reviews, issued by the Australian Information
Commissioner under s 55(2)(e)(i), states:
* An application for IC review may be made by, or on behalf of, the person
who made the request to which decision relates (s 54L(3)). The OAIC may
require information about the applicant’s identity to establish that
they are the person who made the original FOI request or evidence that a
third party is authorised to seek review of the decision by that person.
[1.15]
1. The Information Commissioner may decide not to undertake an IC review,
or not continue to undertake an IC review, where an IC review
applicant has failed to cooperate in progressing the IC review
application or the IC review without reasonable excuse (s 54W(a)(ii)).
[1.24]
2. Applicants must respond to enquiries from the OAIC within the period
provided unless there are circumstances warranting a longer period to
respond. Applicants who are satisfied with the decision and do not
wish to proceed with the IC review must advise the OAIC in writing.
Applicants who are not satisfied with the Agency or Minister’s
decision must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review. [1.22] and
[1.33]
If you do not provide the information requested by 19 June 2024, the OAIC
will finalise this matter on the basis that we are not satisfied the IC
review application has been made by, or on behalf of, the person who made
the FOI request.
Assistance
If you are unable to respond by 19 June 2024, you must request more time
at the earliest opportunity and no later than 17 June 2024. Requests for
more time must explain why you need more time, and you must propose a new
date to provide your response.
If you require assistance regarding this email, please contact us at
[2][email address].
Please quote the reference MR24/00244 in all correspondence.
Kind regards,
[3][IMG] Georgia Furlong (she/her)
Review Advisor
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney
P 1300 363 992 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. https://www.oaic.gov.au/engage-with-us/c...
2. mailto:[email address]
3. https://urldefense.proofpoint.com/v2/url...
4. mailto:[email address]
5. https://urldefense.proofpoint.com/v2/url...
Dear FOI,
I was not satisfied with the searches undertaken for documents that were within the scope of my FOI request (LEX 761). I sent a message to Sam Montenegro with my reasons on 13 February 2024: https://www.righttoknow.org.au/request/r....
After making a further FOI request on 13 February, Ms Montenegro confirmed (LEX 872) that there was a document within scope, which was a report that includes the Ombudsman's "findings, comments and suggestions relating to an investigation, communicated to [the Australian Public Service Commission]”: https://www.righttoknow.org.au/request/r....
Clearly the decision issued by Sam Montenegro on 13 February 2024 (LEX 761) is wrong because there were documents within the scope of my request.
Please feel free to share this message with the OAIC.
Yours sincerely,
Cynthia T
Dear Ms Furlong,
I write to you about MR24/00244.
In your email you have said:
"If you wish to proceed with this IC review, please provide a copy
of any notification emails sent by the Right to Know website’s
administrator about the FOI request or a screenshot of the ‘My requests’
page of your account on the Right to Know website (after you log into your
Right to Know account) showing the FOI request in question. You may also
upload a plain text copy of this correspondence to the request on Right to
Know and provide us with confirmation of this."
I am unable to send documents to you using the Right to Know website, but I can upload a plain text copy of the email you sent to me today, which is what I have done below.
I also note that I am corresponding with the APSC about MR24/00244, having received a message from the APSC to resolve this matter: https://www.righttoknow.org.au/request/r...
I have responded to the APSC and am awaiting their reply.
Yours sincerely,
Cynthia T
-----------------------------------------------------------------------------------------------------------
Our reference: MR24/00244
Agency purported internal review reference: LEX 761
Agency initial decision reference: LEX 686
By email: [FOI #10772 email]
Information Commissioner review application about the Australian Public
Service Commission
Dear Cynthia Tran,
I refer to the application for Information Commissioner review (IC review)
of a purported internal review decision made by the Australian Public
Service Commission (the Agency) under the Freedom of Information Act 1982
(Cth) (the FOI Act).
I note that:
* On 29 January 2024, the Agency notified the FOI applicant of their
purported internal review decision via the nominated Right to Know (RTK)
electronic address ‘[FOI #10772 email]’.
1. On 13 February 2024, the Office of the Australian Information
Commissioner (OAIC) received an IC review application which similarly
provided the contact email address of
‘[FOI #10772 email]’.
At this time, the OAIC does not have sufficient evidence to be satisfied
that you were the FOI applicant and, therefore, that you had a right to
apply for IC review.
Action required by you before: 19 June 2024
Section 54L(3) of the FOI Act provides that an Information Commissioner
review (IC review) application may be made by, or on behalf of, the person
who made the request to which the decision relates.
As such, if you wish to proceed with this IC review, please provide a copy
of any notification emails sent by the Right to Know website’s
administrator about the FOI request or a screenshot of the ‘My requests’
page of your account on the Right to Know website (after you log into your
Right to Know account) showing the FOI request in question. You may also
upload a plain text copy of this correspondence to the request on Right to
Know and provide us with confirmation of this.
Discretion not to continue to undertake an IC review
Under s 54W(c) of the FOI Act, the Information Commissioner may decide not
to continue to undertake a review if an applicant fails to comply with a
[1]direction of the Information Commissioner. [1.3]
The Direction as to certain procedures to be followed by applicants in
Information Commissioner reviews, issued by the Australian Information
Commissioner under s 55(2)(e)(i), states:
* An application for IC review may be made by, or on behalf of, the person
who made the request to which decision relates (s 54L(3)). The OAIC may
require information about the applicant’s identity to establish that
they are the person who made the original FOI request or evidence that a
third party is authorised to seek review of the decision by that person.
[1.15]
1. The Information Commissioner may decide not to undertake an IC review,
or not continue to undertake an IC review, where an IC review
applicant has failed to cooperate in progressing the IC review
application or the IC review without reasonable excuse (s 54W(a)(ii)).
[1.24]
2. Applicants must respond to enquiries from the OAIC within the period
provided unless there are circumstances warranting a longer period to
respond. Applicants who are satisfied with the decision and do not
wish to proceed with the IC review must advise the OAIC in writing.
Applicants who are not satisfied with the Agency or Minister’s
decision must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review. [1.22] and
[1.33]
If you do not provide the information requested by 19 June 2024, the OAIC
will finalise this matter on the basis that we are not satisfied the IC
review application has been made by, or on behalf of, the person who made
the FOI request.
Assistance
If you are unable to respond by 19 June 2024, you must request more time
at the earliest opportunity and no later than 17 June 2024. Requests for
more time must explain why you need more time, and you must propose a new
date to provide your response.
If you require assistance regarding this email, please contact us at
[2][email address].
Please quote the reference MR24/00244 in all correspondence.
Kind regards,
[3][IMG] Georgia Furlong (she/her)
Review Advisor
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney
P 1300 363 992 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
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2. mailto:[email address]
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Our reference: MR24/00880
Agency reference: LEX 872 (814)
Cynthia sTran
By email: [1][FOI #10772 email]
Commencement of Information Commissioner review
Dear Ms Tran,
Thank you for your application for Information Commissioner (IC) review
about a decision made by the Australian Public Service Commission (the
Agency)
Today we notified the Agency that the Information Commissioner will
undertake an IC review and has requested further information to assist
with progressing the review.
We will provide you with an update when we have heard from the Agency.
If you require assistance regarding this email, please contact us at
[2][email address].
Please quote the reference MR24/00880 in all correspondence.
Kind regards,
[3][IMG] Alex Millar (she/her)
Paralegal
Office of the Australian Information Commissioner
Freedom of Information Branch
E [4][email address]
Please note: The OAIC will be revising its IC review procedures
commencing 1 July 2024. For more information about these
revised procedures, including new resources to assist
applicants and respondents, see our webpage: [5]Upcoming
changes to Information Commissioner review procedure directions
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.
[6]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:[FOI #10772 email]
2. mailto:[email address]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/engage-with-us/n...
OFFICIAL
Dear Cynthia
Please find attached decision in our reference LEX 864, IC review reference MR24/00244.
Regards
Melanie.
Our reference: MR24/00244
Agency reference: LEX 761
Cynthia Tran
By email: [1][FOI #10772 email]
Your review application about the Australian Public Service Commission
Good afternoon Cynthia Tran
On 13 February 2024, you requested an Information Commissioner (IC) review
of a FOI decision made by the Australian Public Service Commission (APSC).
The APSC has notified the Office of the Australian Information
Commissioner (OAIC) it made a revised decision on 12 July 2024.
Action required by you before 8 November 2024:
1. If you no longer require an IC review, please reply to this email
stating “I no longer require an IC review”.
2. If you wish to proceed with your IC review application, you must tell
us which parts of the decision you disagree with and why, including:
· which documents you consider were not provided or should have been
provided, or
· which exemptions you consider should not have been applied.
Intention not to continue to undertake your IC review
The Commissioner’s written [2]direction to IC review applicants requires
that:
o where an applicant wishes to proceed with a review of a revised
decision they must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review [2.25], and
o applicants must respond to enquiries from the OAIC within the period
provided unless there are circumstances warranting a longer period to
respond [2.22].
Section 54W(c) of the Freedom of Information Act 1982 provides that the IC
may decide not to continue to undertake a review where an applicant fails
to comply with a direction of the IC.
As such, if we do not hear from you by 8 November 2024, we intend to
exercise the discretion to finalise your IC review application.
Assistance
If you are unable to respond by 8 November 2024, please respond to this
email and request an extension of time to provide your response.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference MR24/00244 in all correspondence.
Kind regards
[4][IMG] Will Martin (he/him)
Assistant Review Advisor | FOI Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [5][email address]
Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[6]Upcoming changes to Information Commissioner review procedure
directions
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.
[7]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:[FOI #10772 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://www.oaic.gov.au/
5. mailto:[email address]
6. https://www.oaic.gov.au/freedom-of-infor...
7. https://www.oaic.gov.au/engage-with-us/n...
Dear OAIC - FOI DR,
I write to you about MR24/00244.
I would be prepared to withdraw my request for IC review in MR24/00244 if I am provided with an assurance that the OAIC is going to proceed with its review in MR24/00880 (LEX872).
I wrote to the OAIC about MR24/00880 (LEX872) on 20 July 2024 (https://www.righttoknow.org.au/request/r...) but I have not received an acknowledgement of my email. Nor have I received an assurance that the OAIC is going to consider MR24/00880 (LEX872).
If you would kindly acknowledge my email of 20 July 2024 in relation to MR24/00880 (LEX872) and confirm that the review is to go ahead, I will then give consideration to withdrawing MR24/00244, which is a review in respect of the same document in issue in MR24/00880.
I look forward to your speedy response.
Yours sincerely,
Cynthia T
Dear Cynthia,
Thank you for your email.
We confirm that we have received your email of 20 July 2024 in relation to MR24/00880, and that at this stage we intend to proceed with that IC review.
If our position were to change on this in the future, we would notify you of this and you would be given an opportunity to make submissions addressing why the IC review should proceed.
With this in mind, we ask that you give consideration as to whether you are now willing to withdraw MR24/00244.
If not, you must tell us which parts of the decision you disagree with and why, including:
· which documents you consider were not provided or should have been provided, or
· which exemptions you consider should not have been applied.
Please provide your response by 6 November 2024.
Kind regards
Will Martin (he/him)
Assistant Review Advisor | FOI Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [email address]
Dear Mr Martin,
I write to you about MR24/00244.
Thank you for confirming that the OAIC received my email of 20 July 2024 in relation to MR24/00880, and that, at this stage. the OAIC intends to proceed with the IC review in MR24/00880. .
In the light of your assurance and the fact that the document requested in MR24/00880 is the same document under consideration in MR24/00244, I will withdraw MR24/00244.
For your information, documents that were the subjects of access decisions (full access granted to some) by the Office of the Commonwealth Ombudsman have come to my attention. These documents include a copy of the decision made by Mr Anstey, which sets out Mr Anstey's comments and suggestions. In the light of that document being in the public domain, it is all the more difficult, in my opinion, for the APSC to continue to insist that the redactions applied to the document requested in MR24/00880 will a) have a substantial adverse effect on the operations of the agency, and b) affect the privacy of individuals caught by the investigation report.
Once the IC review application actually reaches the point where the Information Commissioner or FOI Commissioner is assessing it, please let me know. I will provide links to the documents in the public domain.
Yours sincerely,
Cynthia T
Our reference: MR24/00244
Agency reference: LEX 761
Cynthia Tran
By email: [1][FOI #10772 email]
Australian Public Service Commission
By email: [2][APSC request email]
Withdrawal of IC review application
Dear Parties
The applicant has withdrawn their IC review application in MR24/00244.
This matter is now considered withdrawn under s 54R of the Freedom of
Information Act 1982 (Cth).
Section 54R(2) states that if an IC review application is withdrawn, it is
taken never to have been made.
The matter is now closed.
The related matter (MR24/00880) remains on foot.
Kind regards
[3][IMG] Will Martin (he/him)
Assistant Review Advisor | FOI Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [4][email address]
Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[5]Information Commissioner reviews | OAIC
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.
[6]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:[FOI #10772 email]
2. mailto:[APSC request email]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/engage-with-us/n...