Freedom of Information Disclosure Log

a)      The Commonwealth Ombudsman Human Resources Delegation instrument referred to in Attachment A of Mr Parkhurst’s letter of decision dated 28 March 2022 (Reference FOI-2022-10031); and

b)      The Commonwealth Ombudsman Recruitment and Selection Guidelines November 2018 referred to in Attachment A of Mr Parkhurst’s letter of decision dated 28 March 2022 (Reference FOI-2022-10031).

a)      the written document (or documents) setting out the contract associated with CN3754388, so that I can determine what services were provided by the supplier;

b)      any purchase orders associated with CN3754388;

c)      any invoices issued by the supplier with respect to CN3754388;

d)      any and all documents setting out the scope of the role of this contractor (including what duties they had to perform, performance indicators etc.);

e)     the APS role evaluation summary record (the template of this summary record can be found on pages 3 – 5 of the “Australian Public Service Role evaluation tool”, which is available for download at https://www.apsc.gov.au/working-aps/aps-employees-and-managers/classifications/aps-role-evaluation-guidance-and-tool) for the “equivalent” Executive Level 1 Assistant Director role that was the comparative basis of the contractor’s role; and

f)      to the extent that it is not covered by (d) and (e), any and all documents setting out the ‘research’ (e.g. interviews with other staff, analysis of similar roles in other agencies, analysis of going market rates in relation to the work to be performed by the contractor etc.) undertaken by OCO staff to determine the proper scope of the role of the contractor.

a)      the written document (or documents) setting out the contract associated with CN3722705-A1 (and CN3722705), so that I can determine what services were provided by adaptbl legal, and what was requested by the OCO;

b)      any purchase orders associated with CN3722705-A1 (and CN3722705);

c)      any invoices issued by the supplier with respect to CN37122705-A1 (and CN3722705);

d)      any and all documents setting out the scope of the role of this contractor (including what duties they had to perform, performance indicators etc.);

e)      any and all documents setting out the ‘research’ (e.g. interviews with other staff, analysis of similar roles in other agencies, analysis of going market rates in relation to the work to be performed by the contractor etc.) undertaken by OCO staff to determine the proper scope of the role of the contractor.

‘…I request access to any documents held by the Office of the Commonwealth Ombudsman that set out how it is that positions/roles in the Office may be classified over more than one classification depending on the complexity of the group of duties to be performed, and where one of those classifications in an SES classification…’

1. The Commonwealth Ombudsman’s submission document to the AWEI scheme;
2. Data collated by the Commonwealth Ombudsman for provision to Pride in Diversity and AWEI scheme;
3. Results of AWEI employee survey conducted by the Commonwealth Ombudsman on Commonwealth Ombudsman employees;
4. Invoices to ACON and Pride in Diversity

1. Commonwealth Ombudsman's submission document to the AWEI scheme;
2. Data collated by the Commonwealth Ombudsman for provision to Pride in Diversity and AWEI scheme;
3. Results of AWEI employee survey conducted by Commonwealth Ombudsman on Commonwealth Ombudsman employees;
4. Invoices paid to ACON and Pride in Diversity.

Partial access was granted to the to the released documents. Redactions were made to the released documents under s 47F of the FOI Act.

1   In regards to your statement:
“As I consulted a third party under s 27 and 27A of the FOI Act, the timeframe for processing your request was extended by 30 days.”
Under FOI legislation, please supply any correspondence dealing with this consultation.

2   In regards to the supplied documents, please account for the 42 day period between the 11.August 2020, document 02 and the 22.September 2020, document 03. 
Please search for any entries in your files for other emails and transcripts of telephone conversations.

Partial access was granted to the released material. Redactions were made to the released material under s 47F of the FOI Act.

- A document that contains the position titles of officers who were non-ongoing or receiving high duties at any time in the last month

- The job advertisement or expression of interest used to appoint officers in non-ongoing positions or on higher duties.

Request for access to material concerning the Ombudsman's DFRDB report.

'...a copy of the Terms of Reference provided by the Ombudsman to the AG and KPMG to carry out financial modelling...'

1. The organization chart or equivalent showing names and positions of officers assigned to deal with complaints made to you; showing the hierarchy; showing the length of service with your organization for each person; showing any grouping of teams in the Division.

2. Provide copies of all delegation of work assignments (existing and current) in the Complaint Division headed by Ms. L. Macleod.  

FOI 2019-30009 Document 1

Partial access was granted to the requested documents. Redactions were made to the requested documents under s 47E and s 47F of the FOI Act.

1. "Any notice of a technical capability notice given to the Commonwealth Ombudsman under section 317TAB of the Telecommunications Act."

2. "Any notice of a technical assistance notice given to the Commonwealth Ombudsman under section 317MAB of the Telecommunications Act."

‘…‘…All correspondence and other documents held by the Commonwealth Ombudsman in relation to: (a) the Ombudsman's investigation into the processing of asylum seekers on SIEV Lambeth in April 2013, or similar investigations; (b) the DIBP of Immigration's (DIBP) investigation/s into the processing of asylum seekers who arrived by boat, including investigations by external agencies contracted by the DIBP, and any subsequent reports (including the reports themselves); and (c) the application of s 46A of the Migration Act 1958 (Cth) to asylum seekers arriving by boat in Australia…’

…’

Certain documents were exempted in full from disclosure under s 47C of the FOI Act.

Partial access was granted to the remaining material.   Redactions were made under ss 42, 47C, 47E and 47F of the FOI Act.

Information

‘… regarding interpretation of the relevant sections of the DFRB and DFRDB Acts and the contention that the ADF does not have the authority to prevent the CSC from assessing the application to determine whether the member should have been medically discharged…’

Excluding ‘… complaints made by other people unless the complaint specifically related to interpretation of the legislation…’

FOI 2018-50142 Document 1

information on the following:

...Can you please advise the name of your current FMIS and, if possible, when the current system was adopted/implemented.

* Electronic Document and Records Management System (EDRMS)… FOR BOTH: If your agency uses multiple systems, can you please just report for FMIS and EDRMS the system that is predominantly used in your agency.... '

‘…the document(s) that relate to your investigation into the "Tourist Refund Scheme"… up to the final outcome…’

Partial access was granted to the requested material on the basis of exemptions under  s 22, s 42, s 47C, s 47E(c), s 47E(d) and s 47F of the FOI Act.

Some documents were exempted in full under s 47C of the FOI Act.

1. Information regarding VET institutions (a) fraudulently providing visa status for international students working in the sex industry between March 2012 and March 2018 and (b) suspected financial links between VET institutions and the sex industry between March 2012 and March 2018.
2. All Overseas Student Ombudsman briefs and or other reports relating to VET institutions links with the sex industry between March 2012 and March 2018…’

• Ombudsman office's guidelines on the use of information technology and internet services current as at August 2005 and/or March 2010;
• Ombudsman office's email management policy 'no. 8/2008' current as at March 2010; and
• Ombudsman office's 'Staff ICT Guidelines', endorsed on 25 August 2009.

• Full access was granted in relation to two documents;
• partial access was granted in relation to the other document on the basis of conditional exemptions under s 47E(d) of the FOI Act. The exempt matter was deleted under s 22 of the FOI Act.

Certificates of Compliance which is supplied annually to the Department of Finance and Deregulation. These should be for the financial years 2010, 2011, 2012.
• Also under FOI please supply me with the number of Investigations done by the Commonwealth Ombudsman in 2010, 2011 and 2012. Please also supply me under FOI the number of referrals under Section 15  made in the financial years ending in 2010, 2011, 2012.
• Also under FOI the number of investigations that were referred to the Australian Federal Police in 2010, 2011, 2012.

• Full access was granted in relation to all three Certificates of Compliance. The Certificates of Compliance for 2010, and 2011 were released to the same applicant in response to our reference FOI 2014-10006.
• The applicant was referred to the relevant Ombudsmans annual report for the statistical information requested.

'...the names of all the people on the Commonwealth Ombudsman's Audit Committee for the past three years...'

• Full access was granted in relation to the document.

the 1986 Defence Force Retirement Benefit section 16 report referred to in a presentation delivered by the Commonwealth Ombudsman on 11 April 1991.

• Partial access was granted to the requested document on the basis of conditional exemptions under s 47F of the FOI Act. The exempt matter was deleted under s 22 of the FOI Act.

the 1986 Defence Force Retirement Benefit section 16 report referred to in a presentation delivered by the Commonwealth Ombudsman on 11 April 1991. This section 15 report was attached to the section 16 report.

• Partial access was granted to the requested document on the basis of conditional exemptions under s 47F of the FOI Act. The exempt matter was deleted under s 22 of the FOI Act.

...All meeting minutes and reports from the monthly meetings between DIBP and the Commonwealth Ombudsman since September 2014....

• Partial access was granted to the requested document on the basis of conditional exemptions under s 47F of the FOI Act. The exempt matter was deleted under s 22 of the FOI Act. The remaining folios were released with no exemptions or deletions.

...report into the administrative actions taken by the Australian Fisheries Management Authority, or AFMA, in determining the Total Allowable Catch relevant to the super trawler FV Magiris...

• Full access was granted to the requested document.

'...[named officer's] position description...'

• Partial access was granted to the requested document.  Irrelevant parts of the document were redacted under s 22 of the FOI Act.

A request for access to:

‘…a list of visits by any Strategic Team to the Detention Centres on Nauru and Manus Island…’

• Partial access was granted to the requested documents. Irrelevant parts of the documents were redacted under s 22 of the FOI Act.

A request for access to:

‘…All manuals, guidelines, policy documents, intra-departmental email, intra-departmental memos, non-privileged legal advice and legal advice over which client legal privilege is being claimed, relating to:

• The handling by the Commonwealth Ombudsman, Deputy Commonwealth Ombudsman and staff of acts of Blackmail committed against the Commonwealth Ombudsman, Deputy Commonwealth Ombudsman and staff…’

• Full access was granted to the requested document.

for information relating to the 'Veterans’ Affairs Legislation Amendment (Digital Readiness and Other Measures) Bill 2016' under Freedom of Information:

"I request copy of all notes, records, minutes, and any and all other documents and records in the Commonwealth Ombudsman's possession and/or control that relate to this "consultation with the Commonwealth Ombudsman" that DVA and/or the Minister for Veterans' Affairs or any other Commonwealth official or Minister had with the Commonwealth Ombudsman (whether directly with the Commonwealth Ombudsman or any staff member of the Commonwealth Ombudsman).

As this matter is being publicly reported and debated in the media, and has generated considerable controversy, this is a matter of public importance and interest, and given these "consultations" are fairly recent events (the subject of Hot Issues Briefs and Question Time Briefs, etc), these records will be well known to OAIC staff and immediately to hand. I therefore argue that it would contrary to the objects and objectives of the Freedom of Information Act to seek to levy charges for access.

Furthermore, I do not consent to the redaction or obfuscation of the names of Commonwealth officials and elected representatives, in any records that fall within the scope of this FOI request."

• Partial access provided

A request for access to:

• All correspondence between the AFP and the Ombudsman regarding the AFP's illegal access of a journalist's metadata earlier this year, including the "self-report" of the incident.

FOI 2017-50043 FOI document 1

FOI 2017-50043 FOI document 2

• Partial access was granted to the documents on the basis of exemptions under s 37 of the FOI Act and conditional exemptions under ss 47E and 47F of the FOI Act. The exempt matter was deleted under s 22 of the FOI Act.