29 documents related to file 12/5946 - HOSM Amendment Regulation: Iraq clasp
Dear OPC,
This is a request for information under the FOI Act.
Please provide a document listing the 29 documents held in file number 12/5946 relating to the HOSM Amendment Regulation: Iraq clasp. We ask that the list records each document's date, topic/subject and the department creating each document.
Some background:
The Australian Senate has a continuing order requiring departments and agencies to provide the Senate with a list of indexed files created by them.
On 14 November 2012, a Senate Officer confirmed AGDs created file number 12/5946 - Humanitarian Overseas Service Medal Regulation: Iraq Clasp. Refer Senate Order Final List - January to June 2012.
On 23 September 2019, AGD transferred a FOI request to the OPC. The request sought documents related to a proposed amendment to extend the HOSM to specific commercial contractors. The documents included correspondence between AGD, PMC and AusAID. Relevantly, AusAID disclosed some of these documents to me in 2012 and I retain a copy.
On 4 May 2021, OPC confirmed they held a file numbered 12/5946 relating to the HOSM Regulation: Iraq clasp. It includes 29 documents largely comprising drafting instructions from PMC to the Office of Legislative Drafting and Publication and correspondence from OLDP to PMC. Included are draft and final regulations prepared by OLDP in response to PMC instructions.
On 12 July 2021, Mr Peter Rush from PMC claimed his department held no documents relevant to a file titled HOSM Amendment Regulation: Iraq clasp. Paradoxically his department separately claims legal professional privilege over the 29 documents.
Yours faithfully,
Trav S
The sender of this email certifies that its contents, and any attachments,
are of an 'OFFICIAL' nature.
Dear Mr [name removed]
I understand your request to be for us to create a new list of the
documents in file 12/5946.
The FOI process enables people to request documents that are already held
by agencies, rather than new documents.
Accordingly, I wanted to suggest that you withdraw your request for the
purposes of the FOI Act, which would allow us to deal with your request
through administrative access instead as administrative access can be used
to access new documents. If you take this approach, we anticipate
responding within a similar timeframe to the FOI process (i.e. 30 days).
If you are unhappy with our response, you would of course be free to
re-submit your request under the FOI Act, and we would follow the process
required by that Act.
Could you please confirm whether you would like to proceed with
administrative access as outlined above or are instead making a request
for existing documents under the FOI Act at this time.
Regards,
| FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
e: [OPC request email]
w: www.opc.gov.au
-----Original Message-----
From: Trav S <[FOI #7580 email]>
Sent: Tuesday, 13 July 2021 1:42 PM
To: FOI <[email address]>
Subject: Freedom of Information request - 29 documents related to file
12/5946 - HOSM Amendment Regulation: Iraq clasp
Dear OPC,
This is a request for information under the FOI Act.
Please provide a document listing the 29 documents held in file number
12/5946 relating to the HOSM Amendment Regulation: Iraq clasp. We ask
that the list records each document's date, topic/subject and the
department creating each document.
Some background:
The Australian Senate has a continuing order requiring departments and
agencies to provide the Senate with a list of indexed files created by
them.
On 14 November 2012, a Senate Officer confirmed AGDs created file number
12/5946 - Humanitarian Overseas Service Medal Regulation: Iraq Clasp.
Refer Senate Order Final List - January to June 2012.
On 23 September 2019, AGD transferred a FOI request to the OPC. The
request sought documents related to a proposed amendment to extend the
HOSM to specific commercial contractors. The documents included
correspondence between AGD, PMC and AusAID. Relevantly, AusAID disclosed
some of these documents to me in 2012 and I retain a copy.
On 4 May 2021, OPC confirmed they held a file numbered 12/5946 relating to
the HOSM Regulation: Iraq clasp. It includes 29 documents largely
comprising drafting instructions from PMC to the Office of Legislative
Drafting and Publication and correspondence from OLDP to PMC. Included
are draft and final regulations prepared by OLDP in response to PMC
instructions.
On 12 July 2021, Mr Peter Rush from PMC claimed his department held no
documents relevant to a file titled HOSM Amendment Regulation: Iraq
clasp. Paradoxically his department separately claims legal professional
privilege over the 29 documents.
Yours faithfully,
Trav S
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7580 email]
Is [OPC request email] the wrong address for Freedom of Information requests to
Office of Parliamentary Counsel? If so, please contact us using this form:
[1]https://www.righttoknow.org.au/change_re...
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:
[2]https://www.righttoknow.org.au/help/offi...
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.
-------------------------------------------------------------------
[OPCTRIM:PC:C20/43]
References
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Dear FOI,
Thank you very much for the advice.
If documents relevant to the file aren't already catalogued or listed in an existing document we would be happy to withdraw the request and apply for such a document via an administrative access request.
Yours sincerely,
Trav S
The sender of this email certifies that its contents, and any attachments, are of an 'OFFICIAL' nature.
Good morning Mr [name removed],
Thank you for your response.
I would like to confirm that OPC is processing your request through administrative access and a response will be provided in due course.
Regards,
Kathleen
| FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
e: [OPC request email]
w: www.opc.gov.au
-----Original Message-----
From: Trav S <[FOI #7580 email]>
Sent: Monday, 19 July 2021 2:44 PM
To: FOI <[email address]>
Subject: RE: Freedom of Information request - 29 documents related to file 12/5946 - HOSM Amendment Regulation: Iraq clasp [SEC=OFFICIAL]
Dear FOI,
Thank you very much for the advice.
If documents relevant to the file aren't already catalogued or listed in an existing document we would be happy to withdraw the request and apply for such a document via an administrative access request.
Yours sincerely,
Trav S
-----Original Message-----
The sender of this email certifies that its contents, and any attachments,
are of an 'OFFICIAL' nature.
Dear Mr [name removed]
I understand your request to be for us to create a new list of the
documents in file 12/5946.
The FOI process enables people to request documents that are already held
by agencies, rather than new documents.
Accordingly, I wanted to suggest that you withdraw your request for the
purposes of the FOI Act, which would allow us to deal with your request
through administrative access instead as administrative access can be used
to access new documents. If you take this approach, we anticipate
responding within a similar timeframe to the FOI process (i.e. 30 days).
If you are unhappy with our response, you would of course be free to
re-submit your request under the FOI Act, and we would follow the process
required by that Act.
Could you please confirm whether you would like to proceed with
administrative access as outlined above or are instead making a request
for existing documents under the FOI Act at this time.
Regards,
| FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
e: [OPC request email]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7580 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/offi...
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.
-------------------------------------------------------------------
The sender of this email certifies that its contents, and any attachments,
are of an 'OFFICIAL: Sensitive' nature.
Dear Trav S
We are not able to provide the list you requested through administrative
access. The Department of the Prime Minister and Cabinet has indicated
that doing so would disclose information subject to legal professional
privilege. It remains open to you to make an FOI request.
If you are unhappy with the way we have handled your request, please let
us know what we could have done better. We may be able to rectify the
problem. If you are not satisfied with our response, you can make a
complaint to the Australian Information Commissioner
([1]https://www.oaic.gov.au/freedom-of-infor...).
Regards,
| FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
e: [OPC request email]
[OPCTRIM:PC:C20/43]
References
Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
Dear FOI,
Thank you for your email.
Do we need to re-apply or can we reinstate the request under the FOI Act as a result of the new information?
Thank you for your time.
Yours sincerely,
Trav S
The sender of this email certifies that its contents, and any attachments,
are of an 'OFFICIAL: Sensitive' nature.
Thank you for your response. Yes, you will need to reapply.
Regards,
| FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
e: [OPC request email]
w: www.opc.gov.au
-----Original Message-----
From: Trav S <[FOI #7580 email]>
Sent: Wednesday, 11 August 2021 12:13 PM
To: FOI <[email address]>
Subject: RE: Freedom of Information request - 29 documents related to file
12/5946 - HOSM Amendment Regulation: Iraq clasp [SEC=OFFICIAL:Sensitive]
Dear FOI,
Thank you for your email.
Do we need to re-apply or can we reinstate the request under the FOI Act
as a result of the new information?
Thank you for your time.
Yours sincerely,
Trav S
-----Original Message-----
The sender of this email certifies that its contents, and any attachments,
are of an 'OFFICIAL: Sensitive' nature.
Dear Trav S
We are not able to provide the list you requested through administrative
access. The Department of the Prime Minister and Cabinet has indicated
that doing so would disclose information subject to legal professional
privilege. It remains open to you to make an FOI request.
If you are unhappy with the way we have handled your request, please let
us know what we could have done better. We may be able to rectify the
problem. If you are not satisfied with our response, you can make a
complaint to the Australian Information Commissioner
([1][1]https://www.oaic.gov.au/freedom-of-infor...).
Regards,
| FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
e: [OPC request email]
[OPCTRIM:PC:C20/43]
References
Visible links
1.
[2]https://www.oaic.gov.au/freedom-of-infor...
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7580 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:
[3]https://www.righttoknow.org.au/help/offi...
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.
-------------------------------------------------------------------
References
Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.righttoknow.org.au/help/offi...