Date: Sat, 10 Jun 2023 01:53:33 +0000
Subject: Freedom of Information request - Application for IC review: FOI-2023-10048
From: James Andrew Douglass <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: OAIC - FOI <xxx@xxxx.xxx.xx>

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APPLICATION FOR IC REVIEW

OMBUDSMAN’S REFERENCE: FOI-2023-10048

Dear Office of the Australian Information Commissioner,

FACTS

The source of facts can be accessed here: https://www.righttoknow.org.au/request/documents_relating_to_iain_ander_2#incoming-30836.

On 20 April 2023, I applied to the Office of the Commonwealth Ombudsman for access to documents in the possession of the Office of the Commonwealth Ombudsman relating to Iain Anderson’s appointment as Commonwealth Ombudsman: https://www.righttoknow.org.au/request/documents_relating_to_iain_ander_2#outgoing-20262.

On 8 May 2023, I wrote to the Office of the Commonwealth Ombudsman requesting acknowledgement of receipt of my FOI request: https://www.righttoknow.org.au/request/documents_relating_to_iain_ander_2#outgoing-20428.

On 11 May 2023, a legal officer in the Office of the Commonwealth Ombudsman acknowledged receipt of my FOI request.

On 16 May 2023, I received an email from Steven, a senior legal officer in the legal team of the Office of the Commonwealth Ombudsman: https://www.righttoknow.org.au/request/documents_relating_to_iain_ander_2#incoming-30729.

Steven invited me to withdraw or revise my FOI request, and also claimed that he “might consider transferring the request to the AGD” or use a practical refusal ground to refuse access to the requested documents.

On 16 May 2023, I wrote to Steven and set out my objections to his email: https://www.righttoknow.org.au/request/documents_relating_to_iain_ander_2#outgoing-20490.

On 19 May 2023, Steven wrote to me noting that “I confirm that the Office will proceed to process your request (FOI-2023-10048).” He then requested that I agree to his request for an extension of time to process the FOI request, noting that he may need to “apply to the Information Commissioner for an extension of time under s 15AC of the FOI Act”: https://www.righttoknow.org.au/request/documents_relating_to_iain_ander_2#incoming-30785.

On 22 May 2023, I requested more information from Steven, because I felt his email of 19 May 2023 was lacking in the necessary particulars required for me to make an informed decision: https://www.righttoknow.org.au/request/documents_relating_to_iain_ander_2#outgoing-20524.

On 24 May 2023, Steven wrote to me noting that “[g]iven it is now more than 30 days since the FOI request was received, we must now request an extension of time from the Information Commissioner under s 15AC of the FOI Act”: https://www.righttoknow.org.au/request/documents_relating_to_iain_ander_2#incoming-30836. He also noted that he hoped to provide me with a decision in respect of my request on 26 May 2023.

I have received no correspondence from either the Office of the Commonwealth Ombudsman or anybody in the Office of the Australian Information Commissioner since that email of 24 May 2023 was sent to me by Steven. In other words, nobody in the Office of the Australian Information Commissioner has notified me that an extension of time has been granted to the Office of the Commonwealth Ombudsman to process my request, and nobody in the Office of the Commonwealth Ombudsman has bothered to process my request in something that resembles anything timely.

CONSEQUENCE OF FAILURE TO PROVIDE DECISION
Steven's failure to process my FOI request within the 30 day period means that, under the FOI Act, the principal officer of the Office of the Commonwealth Ombudsman is taken to have personally refused access to the documents that I requested.

REQUEST FOR IC REVIEW

I would like an official in the Office of the Australian Information Commissioner to make a decision according to law.

In the alternative, I request that somebody in the Office of the Australian Information Commissioner contact Steven or somebody in the Office of the Commonwealth Ombudsman to remind the relevant official that the conduct of members of the legal team in the Office of the Commonwealth Ombudsman does meet the legal obligations by which these officials are bound, and remind the relevant official that he or she is still expected to process the FOI request.

REFERENCE ID

I kindly request that you provide me with a reference ID for this IC review application as soon as reasonably possible.

Yours faithfully,

James Andrew Douglass

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