Date: Sun, 04 Dec 2022 05:30:18 +0000
Subject: Re: FOIREQ22/00352 - Your FOI request to the OAIC - Decision [SEC=OFFICIAL]
From: Verity Pane <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: OAIC - Legal <
xxxxx@xxxx.xxx.xx>
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Attn OAIC - Legal,
What a disgraceful set of decisions and notices we have here.
1) The Third Party consultation (TPC) notice the OAIC used to give itself another 30 days in FOIREQ22/00253 is revealed in FOIREQ22/00352 to have been a bogus TPC in that the OAIC never contacted any third party.
Sections 26A, 27 and 27A are only to be used for genuine TPC and not as an unlawful mechanism to act as a barrier to access to delay decision making beyond that lawfully allowed. Particularly when that extra time is used instead to make a practical refusal decision intended from day one of the application being received.
The foi scope required no greater effort that to keyword search the email inboxes of the Commissioners for the keyword "snapshot" - a task that takes far less than the two hours alleged by the OAIC given this is a overwhelming simple automated search activity. Similarly the foi only copy of the internal emails - not attachments - but these were included to grossly exaggerate page count and time using the highly excessive 4 minutes per page which well exceeds that reasonable for reviewing an email page of non-technical information. That practical refusal was just as crooked as the bogus TPC. You also took intentional advantage of the fact that I don't hover on my fois every day to slip a consultation in without notice.
That is why I made the foi application afresh on 30 October.
2) That fresh application explicitly stated that any practical refusal consultation notice given in FOIREQ22/00357 received a notice of no withdrawal. That means the practical refusal consultation issued on 3 October was invalid as I had already given advance notice in my foi that such a consultation request was to receive a "not withdrawn" response. FOIREQ22/00357 could not be assumed to be withdrawn making the notice of 22 November invalid. Deemed refusal was therefore received on 29 November.
3) Another bogus TPC on FOIREQ22/00356 of documents the OAIC already claimed TPC on in FOIREQ22/00253. The ethical turpitude involved is breath-taking.
This is a IC review application for the deemed decision in FOIREQ22/00357 given the notice of 22 Nov was invalid as the practical refusal consultation was already answered before it was even issued as not being varied or withdrawn. The only legally valid decisions the OAIC could make in such circumstances is a practical refusal decision or a decision on access. As such, no decision was made and a deemed access refusal decision occurred.
This is also a fresh foi application for all records of third party consultation in FOIREQ22/00356, and the Resolve reports for FOIREQ22/00253, FOIREQ22/00352, FOIREQ22/00356, FOIREQ22/00357 which s 15(5)(b) requires decision must be given by 3 January. In the event of a practical refusal consultation being issued I give advance response that I do not withdraw or vary my foi application in response to such a notice.
Verity Pane
-----Original Message-----
Our reference: FOIREQ22/00352
Dear Verity Pane
Please find attached decision in relation to the above matter.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
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