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 <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: OAIC - FOI DR <
xxxxx@xxxx.xxx.xx>
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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)
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with white Intake and Early Resolution Officer
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Description Freedom of Information Regulatory Group
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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.
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References
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