Date: Fri, 31 May 2024 05:32:52 +0000 Subject: Re: OAIC - Response due 14/06/24 - Information Commissioner review application about the Attorney-General’s Office and the Attorney-General’s Department [SEC=OFFICIAL] From: Waldek <[FOI #10637 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. ************************************************************************** Our reference: MR23/01376 and MR23/01375 Agency reference: AGOFOI23/465, FOI23/500 and FOI23/463 Dear Ms Lynch, I refer to your email of 31 May 2024. I do not understand the basis of your request. In your email you stated: "After further review of the IC review application, I note that: * On 30 August 2023, an FOI request was made via the nominated Right to Know (RTK) electronic address ‘[FOI #10637 email]’. Various correspondence was exchanged between the applicant and the Attorney-General's Department via the nominated RTK electronic address. 1. On 14 November 2023, the Office of the Australian Information Commissioner (OAIC) received two IC review applications which provided the contact email address of ‘[FOI #10637 email]’. At this time, the OAIC does not have sufficient evidence to be satisfied that you were the FOI applicant and, therefore, that you had a right to apply for IC review." How could the OAIC not have sufficient evidence to be satisfied that I was the FOI applicant? In order to make an FOI application on this website, a person needs to signup with a unique login and password. Only after logging in can a person submit an FOI request. Once the FOI request has been made using that unique login, then only the person with that login (and the administrator of this site) can engage in correspondence with authorities in respect of that unique request. As you can see, I, Waldek, am corresponding with you having logged in using my username and password. You also request that I upload a screenshot of my requests. It is technically unfeasible to do that because "uploads" made to this website (e.g. FOI requests and correspondence) can only be in plain text format. That is to say that I cannot upload images, PDF documents or anything of the like to this website. Your email is perplexing because, up until now, nobody at the OAIC has questioned whether I am the access applicant and, up until now, people at the OAIC have been corresponding with me via this website (e.g.: https://www.righttoknow.org.au/request/stradford_a_pseudonym_v_judge_va_2#incoming-34820; https://www.righttoknow.org.au/request/stradford_a_pseudonym_v_judge_va_2#incoming-34798; https://www.righttoknow.org.au/request/stradford_a_pseudonym_v_judge_va#incoming-32816; https://www.righttoknow.org.au/request/stradford_a_pseudonym_v_judge_va#incoming-32913). Not even the AGD has gone so far as to challenge the fact that I made the FOI requests that I made. I'm just taken aback by your email. Would you mind explaining why you doubt that I did not submit the IC review request to the OAIC? Who would have? Are you operating under the misapprehension that everybody in the world has access to this page and can correspond with you, via this page, on Right to Know? I'd appreciate a prompt response to my queries so that I can better understand where you are coming from. I would hate to think that the OAIC is setting up contrived obstacles so that people using Right to Know cannot seek IC review of decisions. Yours sincerely, Waldek -----Original Message----- Our reference: MR23/01376 and MR23/01375 Agency reference: AGOFOI23/465, FOI23/500 and FOI23/463 By email: ​[1][FOI #10637 email] Information Commissioner review application about the Attorney-General’s Office and the Attorney-General’s Department Dear Waldek Lupinski, I refer to the application for Information Commissioner review (IC review) of related decisions made by the Attorney-General's Department and the Office of the Attorney-General under the Freedom of Information Act 1982 (Cth) (the FOI Act). After further review of the IC review application, I note that: * On 30 August 2023, an FOI request was made via the nominated Right to Know (RTK) electronic address ‘[FOI #10637 email]’. Various correspondence was exchanged between the applicant and the Attorney-General's Department via the nominated RTK electronic address. 1. On 14 November 2023, the Office of the Australian Information Commissioner (OAIC) received two IC review applications which provided the contact email address of ‘[FOI #10637 email]’. At this time, the OAIC does not have sufficient evidence to be satisfied that you were the FOI applicant and, therefore, that you had a right to apply for IC review. Action required by you before: 12 June 2024 Section 54L(3) of the FOI Act provides that an Information Commissioner review (IC review) application may be made by, or on behalf of, the person who made the request to which the decision relates. As such, if you wish to proceed with this IC review, please provide a copy of any notification emails sent by the Right to Know website’s administrator about the FOI request or a screenshot of the ‘My requests’ page of your account on the Right to Know website (after you log into your Right to Know account) showing the FOI request in question. You may also upload this correspondence to the request on Right to Know and provide us with confirmation of this. Discretion not to continue to undertake an IC review Under s 54W(c) of the FOI Act, the Information Commissioner may decide not to continue to undertake a review if an applicant fails to comply with a [2]direction of the Information Commissioner. [1.3] The Direction as to certain procedures to be followed by applicants in Information Commissioner reviews, issued by the Australian Information Commissioner under s 55(2)(e)(i), states: * An application for IC review may be made by, or on behalf of, the person who made the request to which decision relates (s 54L(3)). The OAIC may require information about the applicant’s identity to establish that they are the person who made the original FOI request or evidence that a third party is authorised to seek review of the decision by that person. [1.15] 1. The Information Commissioner may decide not to undertake an IC review, or not continue to undertake an IC review, where an IC review applicant has failed to cooperate in progressing the IC review application or the IC review without reasonable excuse (s 54W(a)(ii)). [1.24] 2. Applicants must respond to enquiries from the OAIC within the period provided unless there are circumstances warranting a longer period to respond. Applicants who are satisfied with the decision and do not wish to proceed with the IC review must advise the OAIC in writing. Applicants who are not satisfied with the Agency or Minister’s decision must explain why they disagree with the decision and the basis on which they wish to proceed with the IC review. [1.22] and [1.33] If you do not provide the information requested by 14 June 2024, the OAIC will finalise this matter on the basis that we are not satisfied the IC review application has been made by, or on behalf of, the person who made the FOI request. Assistance If you are unable to respond by 14 June 2024, you must request more time at the earliest opportunity and no later than 7 June 2024. Requests for more time must explain why you need more time, and you must propose a new date to provide your response. If you require assistance regarding this email, please contact us at [3][email address]. Please quote the reference MR23/01376 and MR23/01375in all correspondence. Kind regards, [4][IMG] Claire Lynch (she/her) Assistant Review Adviser Freedom of Information Branch Office of the Australian Information Commissioner 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 #10637 email] 2. https://www.oaic.gov.au/engage-with-us/consultations/information-commissioner-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 #10637 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. More information on how Right to Know works can be found at: https://www.righttoknow.org.au/help/officers Please note that in some cases publication of requests and responses will be delayed. If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page. -------------------------------------------------------------------