Good afternoon, Ms Gilbert

I acknowledge receipt of your two emails (attached) which the Department for Education (department), Customer Feedback team received on 10 February 2022. Your emails have been forwarded to Information Release, for consideration. Note that the department ceased in 2016 operating under the name ‘Department for Education and Child Development’.

A review of the department’s electronic records confirmed that you do not have an active freedom of information (FOI) application with this department, and that this department has never received an FOI application from you.

Access to departmental records can be made under the Freedom of Information Act 1991 (FOI Act) which gives you a legal right to:

request access to documents held by State Government agencies, Government Ministers, Local Councils or State Universities
request the amendment of documents about you which are incomplete, incorrect, out-of-date or misleading
seek a review of a decision made by a State Government agency, Government Minister, Local Council or University

You can lodge an FOI application electronically (online), or in writing either by completing the attached form, or simply via return email to this address.

The online FOI application form is available at www.sa.gov.au/foi. Further information, including about ensuring your application complies with the requirements of the FOI Act, and about fees and charges, is available at: https://www.education.sa.gov.au/department/legal-services/freedom-information-foi-requests and at https://www.sa.gov.au/topics/about-sa/government/FOI-application.

If you intended to submit an FOI application and/or internal review application to the Department for Child Protection (DCP), information about how to do so is available at: https://www.childprotection.sa.gov.au/department/freedom-information/accessing-information-and-foi

With regard to your two emails to this department, I provide the following information.

Email no. 1

Subject line: ‘Freedom of Information request - reports for mother Christine gilbert and the removal of Skylah-jasmine Marie parker 2013’. In the body of your email you state: ‘Dear SA Department for Education and Child Development, orders for Christine gilbert and Skylah- jasmine Marie parker 2013-2014_2015_2016_2017_2018_2019_2021_2022.’

If you intended for this email to be an FOI application, please note that it is invalid pursuant to sections 13(b), (c) and (d) of the FOI Act because:

Section 13(b) requires that an application ‘must specify that it is made under this Act’, which your email does not do.
Section 13(c) requires an application to be ‘accompanied by the prescribed fee of $38.25’. Payment of the application fee will need to be made to this department before your application can become valid. You can request a fee waiver. More information about this is available online.
Section 13(d) requires the application to contain ‘such information as is reasonably necessary to enable the document(s) to be identified.’ Your email states only that you seek “orders”, which is insufficient detail to enable the department to identify the documents you seek. You will need to provide more detail about what you mean by ‘orders’ and where within this department you reasonably believe they may be held.

Email no. 2

Subject line: ‘FW: Internal review of Freedom of Information request - reports for mother Christine gilbert and the removal of Skylah-jasmine Marie parker 2013.’

If you intended for this email to be an application for internal review, please note that it is invalid because:

This department has never received an FOI application from you; therefore, there is no determination for you to review under the FOI Act.

Accordingly, your internal review request cannot be actioned.

If you have any queries regarding the above, please find our contact details below.

Regards

Information Management and Release

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