Mr Oakeshott asked the then Minister for Defence Personnel, Materiel and Science, in writing, on 23 February 2010:

Further to his answer to question No.1065 (Hansard, 3 February 2010, page 141):

1.     What were the legislative responsibilities of the (then) Public Service Commissioner and the Chief Executive Officer of the Defence Materiel Organisation (DMO) when the decision was made to dismiss Ms Jane Wolfe, and were these legislative responsibilities and the requirements of fairness, natural justice and privacy complied with prior to making the decision.
2.     Is the use of the Commonwealth Coat of Arms and DMO logo on the Wikipedia website authorised; if so, by whom and when; if not, what action will he take to remedy the situation and will it involve referring the matter to the Australian Federal Police or Privacy Commissioner.

1.         The then Public Service Commissioner was responsible for ensuring that the requirements of the Public Service Act 1999 were met before making a decision to issue a certificate which was a precursor to any decision by CEO DMO about Ms Wolfe’s employment. The then Public Service Commissioner was satisfied that these conditions had been met and issued the required certificate. On 8 April 2010 the Federal Court reversed the Public Service Commissioner’s decision and set aside CEO DMO’s decision on the basis that procedural fairness had not been applied.  The Court Order directed that the matter be referred back to the Secretary for Defence and the Public Service Commissioner for further consideration.
2.         A search of relevant records has found no evidence that the use of the DMO logo, which incorporates the Commonwealth Coat of Arms, on the Wikipedia website has been authorised by the DMO.  Wikipedia is an online encyclopaedia where information is presented to use and share.  I am advised that there is nothing to suggest that the use of the DMO logo, which incorporates the Commonwealth Coat of Arms, on the Wikipedia website is improper, derogatory, or in breach of any legislation.  I am advised that the use of the DMO logo on the Wikipedia website does not breach the Trade Practices Act 1974, the Trade Marks Act 1995 or the Criminal Code Act 1995 and there is no basis for referring the use of the DMO logo on the Wikipedia website to the Australian Federal Police or Privacy Commissioner.

close