Very significant error in PMC Assessment Ref: B09/1640. Please provide documentary evidence the department informed government
Dear PMC
On 17 November 2009, Mr Peter Rush approved PM&C assessment Ref: B09/1640. The assessment is underpinned by a very significant error.
The assessment failed to inform government that the GE contingent was comprised from persons including commercial security contractors. Of note, this information was readily available in the public domain when the assessment was produced. The public has informed the department of the errors in this assessment a number of times. It is unclear if the department has acknowledged or informed government of their error.
Acting in accordance with the FOI Act we request a copy of the documents evidencing that the department has actually informed government of the errors underpinning their assessment Ref: B09/1640.
Yours faithfully,
Trav S
OFFICIAL
FOI/2021/234
Dear Trav S
Thank you for your email below, received by the Department of the Prime
Minister and Cabinet (the Department) in which you made a request under
the Freedom of Information Act 1982 (FOI Act).
Validity of your request under the FOI Act
Section 15 of the FOI Act requires that a request for access to documents
under the FOI Act must, among other requirements, provide such information
as is reasonably necessary to enable the agency to identify the document
being sought. Your request, as currently framed, does not provide such
information as is reasonably necessary to enable the Department to
identify the document you are seeking, and your request is therefore not
valid under the FOI Act.
Your request seeks “…documents evidencing that the department has actually
informed government of the errors underpinning their assessment Ref:
B09/1640.” In order for the Department to identify these documents, please
provide further information on the following points:
· You refer to “assessment Ref: B09/1640”. Please confirm what
documents you are seeking regarding this assessment, eg. briefings.
· You refer to “the errors underpinning” this assessment, and advise
that the public “has informed the department of the errors in this
assessment a number of times.” Please provide further information about
the “errors” you refer to, such as the correspondence between the public
and the Department as mentioned in your request.
As your request is currently not valid under the FOI Act, the statutory
period for processing your request has not yet begun. The Department will
take no further action in processing your request until we hear from you
with clarification on the above points.
Yours sincerely
FOI Adviser | FOI Section[]
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country, One National Circuit Barton ACT 2600 | PO Box 6500
CANBERRA ACT 2600
e. [1][email address] w. [2]pmc.gov.au
[3]cid:image001.jpg@01D78E24.FF2DAFB0[4]cid:image002.jpg@01D78E24.FF2DAFB0
[5]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.
Please refer to FOI/2020/231. The disclosure reveals the department’s HOSM assessment (Ref: B09/1640) for Australian contingent to GE Infrastructure for Indian Ocean operation.
The assessment fails to inform that the contingent included commercial security contractors. The department states commercial security contractors unworthy for HOSM recognition. Public servants have a duty to act honesty and with integrity and care and diligence in their work. They have a duty to inquire into matters of substance. The assessment is substantially different to published accounts of a member of the contingent. Eyewitness accounts from other members of the contingent corroborate the published account.
A Commonwealth legislative instrument was borne from the assessment but the assessment was premised from a substantial omission. The public have a right to know what, if any actions were taken after the department was informed of the omission. With that in mind, we respectfully seek a copy of any document:
1. recording that the department has acknowledged HOSM assessment (Ref: B09/1640) is substantially flawed in that it failed to inform that the contingent included commercial security contractors.
2. recording that the public servant responsible for administering the HOSM program actually informed their respective superior (i.e. line manager) of the omission in HOSM assessment (Ref: B09/1640)
Please limit the search to documents created between 2019 to now.
OFFICIAL
Dear Trav S
Thank you for your email of 17 September 2021 in which you clarified your request under the Freedom of Information Act 1982 (the FOI Act) to the Department of the Prime Minister and Cabinet (the Department).
The due date for a decision on your FOI request is Monday 18 October 2021. Regrettably, the Department is not in a position to finalise the FOI request by the due date. The Department is currently conducting searches for documents relating to HOSM and B09/1640 and you will appreciate that as these documents span over ten years, there are a considerable number of documents.
We therefore seek your agreement to an extension of time to the processing period by 30 days to 18 November 2021, under section 15AA of the FOI Act.
We would be grateful for your response by close of business tomorrow, 13 October 2021.
Kind regards
FOI Advisor
FOI and Privacy Section | Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
FOI Team (02) 6271 5849
[DPMC request email]
www.pmc.gov.au
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
Thank you for your email. The FOI request asked the department to limit the search to documents created ‘between 2019 and now’. The department’s request for a 30 day extension is premised on a considerable number of documents spanning ten years. Documents created prior to 2019 are not covered by this FOI request. We therefore cannot agree with the department's proposed 30 day extension but are happy to agree with a 7 day extension. Thank you for your time. Yours faithfully, Trav S
OFFICIAL
Dear Mr S
Please see attached a decision in response to your FOI request 2021/234.
Kind regards
FOI Advisor
FOI and Privacy Section | Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
FOI Team (02) 6271 5849
[DPMC request email]
www.pmc.gov.au
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600