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 <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: OAIC - FOI DR <
xxxxx@xxxx.xxx.xx>
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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
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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
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