Wednesday 27 February 2013

FOI Attorney General's Depatment

From: fionabrown01@hotmail.com
To: andra.eisenberg@ag.gov.au
CC: malcolm.bennett@ag.gov.au; quentin.o'keefe@ag.gov.au; adam.jones@ag.gov.au
Subject: RE: FOI inquiry [SEC=UNCLASSIFIED]
Date: Wed, 27 Feb 2013 18:56:28 +1100

Hi Andra,
Thank you for your response to my FOI.
Please can you send me a copy of the Attorney Generals service charter and associated complaint-handling policy  and a copy of the Attorney General investigation policy and standards related to this policy.

 I am now aware that the Attorney Generals Department   have obviously attempted to cover-up and protect  evidence of systemic corrupt conduct at the Insolvency Trustee Service Australia. 
I  do realize  Attorney Generals Department cannot investigate ITSA  directly,though you are aware it is a requirement the the Attorney Generals Department investigate my complaint considering the extensive evidence I provided. Furthermore it is clearly obvious that  this department fails to comply with the Australian Investigation Standards which is the minimum requirement for Government Departments.
I also bring to your attention    another request I made....
Information and dates regarding any complaints the Attorney General has received on the Bankruptcy Trustee Paul Pattison and Stuart Ariff and how they were handled according to the Attorney General's investigation policy
          I am aware of 2 complaints made to the Attorney Generals Department on  Paul Pattison by  Mr Mircevski. Paul Pattison was the corrupt Bankruptcy Trustee being protected by Veronique Ingram, Inspector General in Bankruptcy. Please  have another check of your records

Also can you send me the statistics  on  complaints made to the Attorney Generals Department in the past 2 financial years.
Thanking you kindly
Fiona Brown


From: Andra.Eisenberg@ag.gov.au
To: fionabrown01@hotmail.com
CC: Malcolm.Bennett@ag.gov.au; Quentin.O'Keefe@ag.gov.au; Adam.Jones@ag.gov.au
Subject: FOI inquiry [SEC=UNCLASSIFIED]
Date: Thu, 21 Feb 2013 04:00:16 +0000

UNCLASSIFIED

Dear Fiona

Freedom of Information Request

I refer to your FOI request of 19 November 2012 in which you requested [documents relating to] the process that Helen Daniels followed and any documents and emails sent to Veronique Ingram [relating to Fiona Brown’s complaint to the Attorney General about the conduct of Senior Management at ITSA]…… and information and dates regarding any complaints the Attorney General has received on the Bankruptcy Trustee Paul Pattison and Stuart Ariff and how they were handled according to the Attorney General's investigation policy.
Decision
Pursuant to arrangements approved by the Secretary of this Department under section 23 of the FOI Act, I am authorised to make decisions in relation to this matter on behalf of the Department.

Section 24A of the FOI Act permits an agency to refuse a request if all reasonable steps have been taken to locate the documents sought and it is satisfied that the documents do not exist or cannot be found.  After having made appropriate searches and enquiries, I can confirm that this Department does not hold documents of the type that you are seeking.

1.     Specifically, with regard to the first part of your request:

[Documents relating to] the process that Helen Daniels followed and any documents and emails sent to Veronique Ingram [relating to Fiona Brown’s complaint to the Attorney General about the conduct of Senior Management at ITSA],

there are no documents that you are seeking because, as the AGD does not have the power to conduct an investigation of ITSA, there was no investigation and no documents relating to an investigation.  I am therefore obliged to refuse this part of your request under s 24A of the Act.

2.     With regard to the second part of your request:

Information and dates regarding any complaints the Attorney General has received on the Bankruptcy Trustee Paul Pattison and Stuart Ariff and how they were handled according to the Attorney General's investigation policy,

We cannot process a request simply for information as a request under the FOI Act needs to be for specific documents.  However, we have attempted to locate documents relating to complaints received by the AGD on the bankruptcy trustees, Paul Pattison and Stuart Ariff and how these complaints were handled but could not locate any documents.  I can therefore confirm that the AGD does not hold these kinds of documents.
Right of Review
Should you wish to have my decision in this matter reviewed, you have two options.  Firstly, you are entitled to request an internal review of my decision by a senior officer of this Department.  Should you wish to pursue this option, you should write to me within 30 days of receiving this letter.  Alternatively, you are entitled to request a review of my decision by the Office of the Australian Information Commissioner (OAIC).  Should you wish to pursue that course and action you should write to the OAIC, within 60 days of receiving this letter, at GPO Box 2999, Canberra, ACT, 2601.  You are also entitled to make a complaint to the OAIC about the way the Department handled your request.

Yours sincerely




Andra Eisenberg | Senior Legal Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Australian Government Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
T: +61 (2) 6141 3274  E: 
Andra.Eisenberg@ag.gov.au   

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