Freedom of Information Australian Public Service Commission

 From: fionabrown01@hotmail.com
To: chris.luton@apsc.gov.au
Subject: RE: Freedom of Information request
Date: Wed, 23 May 2012 09:59:31 +1000

Hi Chris
You are very correct when you say Ms Moore exempted these documents from disclosure under S47E of the Freedom of Information Act.
A decision  was made by her this document  complete with its response from the Acting Commonwealth Ombudsman Alison Larkins   and the Inspector General in Bankruptcy Veronique Ingram  would reasonably be expected to have a substantial  adverse effect on the proper  and  efficient conduct on the operations of the Agency and the access of these documents would be contrary to the public interest.
However, if only the  access to these documents were sought ie....  the email sent by Karin Fisher on the respective dates 31/01/2012 and 08/02/2012 "requesting information on allegations" I can only hope that  these documents would not reveal further  improper conduct at the Agencies than what I am already aware of.
These documents relate to S41 of the Australian Public Service Act.
Therefore, no I am not requesting a review but now I am making a new application that only these two documents be released.  In this application I am in no way interested  in the other four documents. This would satisfy the Freedom of Information Act  S47E as any sensitive information in the email is already known to me and any readers of my blog.
Clearly , these  two documents in email  form are not exempt  from disclosure  under FOI 
Thanking you
Fiona Brown

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FREEDOM OF INFORMATION ACT 1982 - SECT 47E

Public interest conditional exemptions--certain operations of agencies

                   A document is conditionally exempt if its disclosure under this Act would, or could reasonably be expected to, do any of the following:

                     (a)  prejudice the effectiveness of procedures or methods for the conduct of tests, examinations or audits by an agency;

                     (b)  prejudice the attainment of the objects of particular tests, examinations or audits conducted or to be conducted by an agency;

                     (c)  have a substantial adverse effect on the management or assessment of personnel by the Commonwealth, by Norfolk Island or by an agency;

                     (d)  have a substantial adverse effect on the proper and efficient conduct of the operations of an agency.

Note:          Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).

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From: Chris.Luton@apsc.gov.au
To: fionabrown01@hotmail.com
Date: Tue, 22 May 2012 12:50:01 +1000
Subject: RE: Freedom of Information request

Dear Ms Brown,

I am writing to request clarification of your message of 19 May (below).  In your message you have specifically requested access to two documents dated 31 January 2012 and 8 February 2012.  These two documents were listed in Attachment B to Ms Moore’s recent letter to you because you requested these documents as part of your FOI request of 16 March 2012.  These two documents were considered by Ms Moore and found to be exempt from disclosure under the FOI Act.

As you have requested these documents again, it is not clear to me whether you have misunderstood Ms Moore’s recent letter or you wish to seek a review of Ms Moore’s decision in relation to these two documents.  Attachment C to Ms Moore’s letter provides further information about your review rights if you are dissatisfied with an FOI decision.

Regards,

____________________________________________________Chris Luton
FOI Officer
Australian Public Service Commissionp : 02 6202 3571 | f : 02 6250 4437
e : chris.luton@apsc.gov.au | w : www.apsc.gov.au