OFFICIAL
 
Dear Ms Torrens
 
Your original request for information was not dealt with by the Office of
the Registrar of the Aboriginal Land Rights Act 1983 (ORALRA) as an access
application under the Government Information (Public Access) Act 2009
(NSW) (GIPA Act) as it did not clearly indicate it was, or was intended to
be, an access application under that Act and did not otherwise meet the
formal requirements of an access application under that Act.  Your
original request for information was therefore simply dealt with as an
informal request for non-government information which you apparently
thought the ORALRA could assist with.
 
You have now asked for an internal review of the ORALRA’s handling of your
"FOI request". We assume you are referring to a request under the Freedom
of Information Act 1982 (Cth) (FOI Act). Please note that the FOI Act is
Commonwealth legislation that does not apply to the ORALRA.
 
Given you have asked for an internal review of your earlier request for
information, we can infer that you believe you have made an access
application under the GIPA Act. As indicated above, it is our
determination that your request for information is not a valid access
application under the GIPA Act for the following reasons:
 

 1. it did not clearly indicate that it was an access application made
under the GIPA Act;
 1. it was not accompanied by a fee of $30;
 1. it did not include information reasonably necessary to enable the
government information applied for to be identified.

(Refer to the formal requirements set out in section 41(1) of the GIPA
Act)
 
Please note that our decision as to the validity of you application is
reviewable under Part 5 of the GIPA Act.
 
We invite you to pay the required fee and provide us with the information
reasonably necessary to enable the government information you have
requested to be identified. Upon receipt of these things, the ORALRA may
be able to treat your request for information as an access application
under the GIPA Act.
 
However, before you decide to submit the missing formal requirements to
make your request for information an access application under the GIPA
Act, we advise that our preliminary assessment of your request is that the
information you have requested is not government information held by the
ORALRA. In this respect we note that the ORALRA does not hold Acts and
Legislation. You can, however, access these things on publicly available
websites.
 
In addition, the ORALRA holds no document that allows for an individual
from any Aboriginal Land Council and/or a RNTBC to register LALC's and
RNTBC's with private U.S. companies such as Dun and Bradstreet, with or
without knowledge or informed consent of members, native title holders or
custodians.
 
In respect of your request for information of this type, your request is
very likely to be denied as it is not information that the ORALRA holds.
 
In respect of your request for “details on the individual (the Key
Principal Officer), who has been doing business as "NSWALC"”, we are not
aware of any such individual, and hold no documents or information
concerning such an individual. In this respect we note that the NSWALC is
comprised of 9 elected Councillors who each represent one of 9 regions
throughout NSW. We are not aware of a “Key Principal Officer” that has
been doing business as NSWALC or holding themselves out as NSWALC. We
confirm we hold no documents or other information that is relevant to your
request for this information, and it is likely if you make your request
the subject of a valid access application, your application will be
denied.
 
Kind regards,
 
Mark Dupuis
Principal Legal Adviser
Office of The Registrar, Aboriginal Land Rights Act 1983 (NSW)
Premier’s Department
 
E [1][email address]
General Office Number: (02) 85751160
PO Box 787 PARRAMATTA NSW 2124.
Vist our website: [2]www.oralra.nsw.gov.au   
 
The Office of the Registrar stands on Aboriginal land. We acknowledge the
traditional custodians of the land and we show our respect for Elders past
and present through thoughtful and collaborative approaches to our work,
seeking to demonstrate our ongoing commitment to supporting the return of
land to Aboriginal people as compensation for past dispossession; and to
support self-determination through participation and representation in the
land council network.
 
 

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