Date: Wed, 19 Jul 2023 04:24:17 +0000 Subject: Re: OAIC - MR23/00721 - IC review application about the Commonwealth Ombudsman [SEC=OFFICIAL] From: James Andrew Douglass <[FOI #10375 email]> To: OAIC - FOI DR <[email address]> ************************************************************************** CAUTION: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe. ************************************************************************** Dear Ms Furlong, I would like to proceed with the IC review application. On 24 May 2023, Steven Mulipola, the Ombudsman’s Senior Legal Officer, wrote to me: https://www.righttoknow.org.au/request/documents_relating_to_iain_ander_2#incoming-30836. He stated “I can indicate that there are at least 35 documents for consideration for access under the FOI Act.” On 11 July 2023, some 50 days after the decision was actually due, Mr Mulipola provided me with an 11 page document. I am no mathematician, but even I can tell that there is something amiss about a claim that there are “at least 35 documents for consideration for access under the FOI Act”, only for 11 pages of documentation to be released under the FOI Act. In fact, Mr Mulipola has stated the following in his letter of decision: I have identified six (6) documents, totalling 11 pages that are within the scope of your request. I do not understand why there is a discrepancy between Mr Mulipola’s earlier claim that there were “at least 35 documents for consideration for access under the FOI Act” and his later claim that there were only six documents identified within the scope of my request. Mr Mulipola’s claims do not add up. I would like the Information Commissioner to re-consider the “at least 35 documents” that Mr Mulipola suggested were the source of the 50 day delay so that I can be confident that Mr Mulipola hasn’t deliberately suppressed the other (at least) 29 documents from lawful consideration. In any event, a delay of this magnitude is unjustifiable in light of the fact that only 11 pages of documentation were produced under the FOI Act. Yours sincerely, James Andrew Douglass -----Original Message----- Our reference: MR23/00721 Agency reference: FOI-2023-10048 James Andrew Douglass By email: [1][FOI #10375 email] Your IC review application about the Commonwealth Ombudsman Dear James, I refer to your application for IC review of a decision by the Commonwealth Ombudsman (the Agency) that was deemed to have been refused. On 13 July 2023, the Agency notified the Office of the Australian Information Commissioner (the OAIC) that it had made, and provided you with a revised decision regarding the information you requested on 11 July 2023. Can you please notify us by 2 August 2023 if you now wish to: o Withdraw the IC review application, or o Proceed with the IC review application. Should you wish to proceed with the IC review application, please provide the following information by 2 August 2023: 1. identify the aspect(s) of the agency or Minister’s decision about which the review is sought 2. state why you disagree with the agency or Minister’s decision 3. identify which documents you consider have been wrongly refused or which exemptions have been incorrectly applied Intention to decline to continue IC review Please note that the Commissioner’s written [2]direction to IC review applicants provides that: o where an applicant wishes to proceed with a review of a substantive [or revised] decision they must explain why they disagree with the decision and the basis on which they wish to proceed with the IC review [1.33], and o applicants must respond to enquiries from the OAIC within the period provided unless there are circumstances warranting a longer period to respond [1.22]. Section 54W(c) of the FOI Act provides that the Information Commissioner may decide not to undertake, or continue to undertake, an IC review where an applicant fails to comply with a direction of the Information Commissioner. Should we not receive a response from you to this email by 2 August 2023 your IC review application will be finalised by a delegate of the Information Commissioner under s 54W(c). If you have any questions regarding this email, please contact us via email at [3][email address]. Please quote the OAIC reference number at the top of this email in all correspondence. Kind regards, [4]A blue Georgia Furlong (she/her) background with white Intake and Early Resolution Officer text Description Freedom of Information Regulatory Group automatically generated with Office of the Australian Information Commissioner low confidence Sydney | GPO Box 5288 Sydney NSW 2001 P 1300 363 992 E [5][email address] The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present. [6]Subscribe to Information Matters Notice: The information contained in this email message and any attached files may be confidential information, and may also be the subject of legal professional privilege. If you are not the intended recipient any use, disclosure or copying of this email is unauthorised. If you received this email in error, please notify the sender by contacting the department's switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra time) and delete all copies of this transmission together with any attachments. References Visible links 1. mailto:[FOI #10375 email] 2. https://www.oaic.gov.au/freedom-of-information/reviews/direction-as-to-certain-procedures-to-be-followed-by-applicants-in-information-commissioner-reviews 3. mailto:[email address] 4. https://www.oaic.gov.au/ 5. mailto:[email address] 6. https://www.oaic.gov.au/engage-with-us/networks/information-matters ------------------------------------------------------------------- Please use this email address for all replies to this request: [FOI #10375 email] This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. 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