Meetings between OSI and ICC
Dear Office of the Special Investigator,
Please provide copies of:
1.All communications between OSI and past and present staff, employees, advisors or contractors of ICC
2.Records of the time and date and persons for meetings between OSI and past or present staff, employees or contractors of ICC for example diary entries or calendar entries (eg Microsoft outlook calendar)
3.Itineraries for OSI visits to the Netherlands and London
4.Briefing notes for OSI visits to the Netherlands and London
Yours faithfully,
J Smith
Thank you for contacting Freedom of Information (FOI) at OSI.
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information about FOI.
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to [1]https://www.osi.gov.au/freedom-information
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within 30 days of receiving your request.
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References
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1. https://www.osi.gov.au/freedom-information
2. https://www.osi.gov.au/contact-us
OFFICIAL
Dear Mr Smith
I refer to your request for access to documents under the Freedom of
Information Act 1982 (FOI Act). The Office of the Special Investigator
(OSI) received your request on 22 September 2024.
You requested to access:
1. All communications between OSI and past and present staff, employees,
advisors or contractors of ICC
2. Records of the time and date and persons for meetings between OSI and
past or present staff, employees or contractors of ICC for example
diary entries or calendar entries (eg Microsoft outlook calendar)
3. Itineraries for OSI visits to the Netherlands and London
4. Briefing notes for OSI visits to the Netherlands and London
We are writing to request that you provide further information about your
request by 10 October 2024. This is because your request – in its current
form – has a broad scope and captures a large number of documents.
Volume of information in scope
Based on my review of the OSI’s holdings, I estimate that your request
currently captures 76 documents comprising 1081 pages. This estimate does
not include draft documents, nor documents which have been previously
disclosed by the OSI in response to other recent FOI requests.
Further information sought by the OSI by 10 October 2024
We request that you revise the scope of your request to more clearly
identify the documents sought. We suggest that revise your request by:
o Limiting parts 2-4 of your request to be for the following OSI
materials prepared for relevant trips:
o The indexes of briefing packs. This includes the list of the
titles of briefs and any supporting attachments that were
included.
o OSI travel programmes. These set out the schedules for travel as
well as summary details of who the OSI met with etc. Your request
for ‘Itineraries’ currently covers a broader range of documents,
such as flight itineraries that do not relate to any meetings or
broader travel schedule.
o Excluding all of the following:
o draft documents;
o all communications, except for those that would fall within part
1 of your request.
o documents captured by other FOI requests in which the OSI has
provided you a decision already, or which have been published to
the OSI’s [1]Disclosure log.
I appreciate your consideration of this request.
If you have any questions, please contact me by email to
[2][OSI request email].
Kind regards
Sarah
Information Access and Records Manager
Office of the Special Investigator
E: [3][OSI request email]
[4]cid:image007.jpg@01D70603.F616B1F0
OFFICIAL
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.
References
Visible links
1. https://www.osi.gov.au/freedom-informati...
2. mailto:[OSI request email]
3. mailto:[OSI request email]
Dear OSI FOI and Privacy,
In relation to the request I revise it in the following way:
item 1: unchanged
item 2 and 3: I accept the OSI travel programs in lieu of these items.
item 4: unchanged
Please exclude for all items:
- draft documents;
- documents captured by other FOI requests in which the OSI has provided you a decision already, or which have been published to the OSI’s Disclosure log.
Yours sincerely,
James Smith
OFFICIAL
Dear Mr Smith
I refer to your email below – based on the information provided, I
understand your request to now be for:
1. All communications between OSI and past and present staff, employees,
advisors or contractors of ICC
2. OSI travel programmes
3. Briefing notes for OSI visits to the Netherlands and London
Exclude:
1. draft documents; and
2. documents captured by other FOI requests in which the OSI has
provided me a decision already, or which have been published to the OSI’s
Disclosure log.
I am writing to request further information from you by 18 October 2024
because your request – in the form above – still captures a large volume
of material. I am also writing to ask for your agreement to provide the
OSI an extension of 30 calendar days to process this request.
Currently, your request captures an estimated 62 documents comprising 694
pages.
Further information sought by 18 October 2024
We request that you revise the scope of your request to more clearly
identify the documents sought. We suggest that revise your request by:
o Excluding publicly available material that falls within scope (this
currently accounts for about 184 pages of material).
o Part 3 of your request currently captures an estimated 370 pages of
material. We would encourage you to withdraw this part and await the
outcome of your request for the travel programmes (part 2 of your
request), which comprises about 48 pages of material. Alternatively,
advise whether the documents sought for part 3 of your request should
relate to a particular subject-matter or topic.
o For part 1 of your request, exclude any administrative communication
(e.g. practical arrangements for travel and meetings, as well as thank
you and acknowledgement emails). This part of your request currently
captures an estimated 276 pages and predominantly relates to the
OSI/AFP visit to the ICC in April 2023 – this trip was referred to in
document 23 for your previous request FOI24/07.
Extension of time
We request an extension of 30 days as we are still seeking to settle the
scope with you. Once settled, we will need time to process your request –
this will involve assessing the relevant documents and preparing a
decision on access.
If you agree to the extension, the due date for your request will be 22
November 2024. Please advise by reply email if you agree to this
extension.
Kind regards
Sarah
Information Access and Records Manager
Office of the Special Investigator
E: [1][OSI request email]
[2]cid:image007.jpg@01D70603.F616B1F0
OFFICIAL
OFFICIAL
Dear Mr Smith
I refer to my email below requesting further information from you. We have
not yet received a response from you and would appreciate it if you would
reply by 12PM on 23 October 2024.
Please note that if we do not hear from you, we:
o will need to continue processing your request on the basis of the
available information;
o may need to request an extension of time from the Information
Commissioner.
Kind regards
Sarah
Information Access and Records Manager
Office of the Special Investigator
E: [1][OSI request email]
[2]cid:image007.jpg@01D70603.F616B1F0
OFFICIAL
From: OSI FOI and Privacy
Sent: Tuesday, 15 October 2024 4:11 PM
To: '[FOI #12071 email]'
<[FOI #12071 email]>
Subject: RE: Further information required by 18 October 2024 - Freedom of
Information request - Meetings between OSI and ICC - FOI24/18
[SEC=OFFICIAL]
OFFICIAL
Dear Mr Smith
I refer to your email below – based on the information provided, I
understand your request to now be for:
1. All communications between OSI and past and present staff, employees,
advisors or contractors of ICC
2. OSI travel programmes
3. Briefing notes for OSI visits to the Netherlands and London
Exclude:
1. draft documents; and
2. documents captured by other FOI requests in which the OSI has
provided me a decision already, or which have been published to the OSI’s
Disclosure log.
I am writing to request further information from you by 18 October 2024
because your request – in the form above – still captures a large volume
of material. I am also writing to ask for your agreement to provide the
OSI an extension of 30 calendar days to process this request.
Currently, your request captures an estimated 62 documents comprising 694
pages.
Further information sought by 18 October 2024
We request that you revise the scope of your request to more clearly
identify the documents sought. We suggest that revise your request by:
o Excluding publicly available material that falls within scope (this
currently accounts for about 184 pages of material).
o Part 3 of your request currently captures an estimated 370 pages of
material. We would encourage you to withdraw this part and await the
outcome of your request for the travel programmes (part 2 of your
request), which comprises about 48 pages of material. Alternatively,
advise whether the documents sought for part 3 of your request should
relate to a particular subject-matter or topic.
o For part 1 of your request, exclude any administrative communication
(e.g. practical arrangements for travel and meetings, as well as thank
you and acknowledgement emails). This part of your request currently
captures an estimated 276 pages and predominantly relates to the
OSI/AFP visit to the ICC in April 2023 – this trip was referred to in
document 23 for your previous request FOI24/07.
Extension of time
We request an extension of 30 days as we are still seeking to settle the
scope with you. Once settled, we will need time to process your request –
this will involve assessing the relevant documents and preparing a
decision on access.
If you agree to the extension, the due date for your request will be 22
November 2024. Please advise by reply email if you agree to this
extension.
Kind regards
Sarah
Information Access and Records Manager
Office of the Special Investigator
E: [3][OSI request email]
[4]cid:image007.jpg@01D70603.F616B1F0
OFFICIAL
OFFICIAL
Dear Mr Smith
Freedom of Information Request FOI24/18 – Request for information
This email is about your Freedom of Information (FOI) request which is
being processed by the Office of the Special Investigator (OSI).
Please carefully read the letter attached to this email. If you do not
respond to the letter by 15 November 2024, we will stop processing your
FOI request and close it as ‘withdrawn’.
If you have any questions, contact [1][OSI request email].
Kind regards
Sarah
Information Access and Records Manager
Office of the Special Investigator
E: [2][OSI request email]
[3]cid:image007.jpg@01D70603.F616B1F0
OFFICIAL
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.
References
Visible links
1. mailto:[OSI request email]
2. mailto:[OSI request email]
Our reference: RQ24/04579
Agency reference: FOI24/18
Agency name: Office of the Special Investigator
By Email: [OSI request email]
Name: Mr James Smith
By Email: [1][email address]
Extension of time under s 15AB
Dear Parties,
Please find attached an extension of time decision relating to the above
referenced FOI request.
Kind regards,
[2][IMG] Lakshmi Gopinath (she/her)
A/g Assistant Director | Freedom of Information Branch
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [3][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.
[4]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
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References
Visible links
1. mailto:[email address]
2. https://www.oaic.gov.au/
3. mailto:[email address]
4. https://www.oaic.gov.au/engage-with-us/n...
Our reference: RQ24/04774
Agency reference: FOI24/18
Office of the Special Investigator
By Email: [1][OSI request email]
James Smith
By Email: [2][FOI #12071 email]
Extension of time under s 15AC
Dear Parties,
Please find attached an extension of time decision relating to the above
referenced FOI request.
Regards,
[3][IMG] Sarah Forrester
Assistant Director, Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
E [4][email address]
Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[5]Information Commissioner reviews | OAIC
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:[OSI request email]
2. mailto:[FOI #12071 email]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/engage-with-us/n...
OFFICIAL
Dear Mr Smith
Following my email below, I am writing to confirm that your request has
been closed as ‘withdrawn’ as we did not receive a response from you.
Kind regards
Sarah
Information Access and Records Manager
Office of the Special Investigator
E: [1][OSI request email]
[2]cid:image007.jpg@01D70603.F616B1F0
OFFICIAL
From: OSI FOI and Privacy
Sent: Friday, 1 November 2024 9:54 AM
To: 'James Smith' <[FOI #12071 email]>
Subject: Freedom of Information Request FOI24/18 - Request for information
by 15 November 2024 [SEC=OFFICIAL]
OFFICIAL
Dear Mr Smith
Freedom of Information Request FOI24/18 – Request for information
This email is about your Freedom of Information (FOI) request which is
being processed by the Office of the Special Investigator (OSI).
Please carefully read the letter attached to this email. If you do not
respond to the letter by 15 November 2024, we will stop processing your
FOI request and close it as ‘withdrawn’.
If you have any questions, contact [3][OSI request email].
Kind regards
Sarah
Information Access and Records Manager
Office of the Special Investigator
E: [4][OSI request email]
[5]cid:image007.jpg@01D70603.F616B1F0
OFFICIAL
References
Visible links
1. mailto:[OSI request email]
3. mailto:[OSI request email]
4. mailto:[OSI request email]
Dear OSI FOI and Privacy,
You cannot unilaterally "deem" an application to have been withdrawn when you do not receive a response to your self-serving correspondence with your own deadlines and made-up consequences.
There was no active or positive indication from me that I agreed to the terms you chose to impose.
You applied for an extension of time to the OAIC, who refused to give you the period you wanted. As such, I was waiting for 21 November for your response to the application as you are required to provide.
I reject any "closure" or "withdrawal" of my application and require you to make a decision, or failing that, allow the time to lapse.
In future, you need to either make decisions or not. You should not be imposing self serving and artificial ultimatums on applicants, nor contriving situations where an applicant's action or inaction is taken to mean something it does not.
Yours sincerely,
James Smith
Dear OSI FOI and Privacy,
Referred to OAIC. Reference WEB-MR-24-00568
Yours sincerely,
James Smith