Dear University of New South Wales,

Application

This is an access application pursuant to Government Information (Public Access) Act ("GIPA") made using special public benefit platform Right To Know ("RTK")

All the applications, responses and any generated information is published automatically to public at wide and remains the property of - we the public or people of New South Wales.

Fees / Charges

Please waive the application fee pursuant to s. 66 and s.51 of GIPA Act

GIPA s.66(2) provides that the fee is to be waived if the information was not in publcly available priori and given Right To Know autotomatically publishes the received informaton.

Alternatively provide a payment mechanism for 50% reduced fee pursuant to s.66

Reviewable Decision

I also note that UTS did not provide Part 5 reviewable decision reference in it's earlier repsponses despite this being required under the GIPA.

Additionally the decision whether to grant the access is separate from processing fee and the grant of access must be treated separate to processing fees.

Please determine the decision to either grant or deny or otherwise determine the access separately to the processing / application fees if any.

GIPA Act

A consideration must be given case-by-case basis to the fees and not institute a blanket determination of the deposit or a fee. UTS does not have the authority under the GIPA to institute a general fee without case-by-case consideration.

Informal or Formal

If the waiver does not apply please also consider if you would be willing to release this information informally under the GIPA given

Access Request

Please provide free copy of the journal article:

2007 - The Politics of Police Reform: Ten years after the Royal Commission into the New South Wales Police Service

This journal article was made by Chan, Janet, Dixon, David through UNSW Sydney with public funding and thus the people should have free access to the journal.

Especially given it is now almsot 20 years since the publication the UNSW Sydney should publish this.

I am trying to edit the WikiPedia article about NSW Corruption
https://en.wikipedia.org/wiki/Corruption...

But not having these publicly funded qualitative and quantitative information sources freely available makes it impossible to rely on it.

Yours faithfully,

MissAnonymous

Dear University of New South Wales,

For your convenience the request is tracked and available publicly here:
https://www.righttoknow.org.au/request/a...

It forms my public research that is available to all the public with no fees.

Also I referred to UTS since I copied the GIPA template from my UTS requests - I should have replaced them with UNSW Sydney apologies - I hope that the NSW institutions would understand their obligations better regarding collection of fees and other regulatory framework around GIPA so I don't need to repeat the blanket 30$ charge should not be asked without consideration especially given nobody is profiting in this research. Thanks

Yours faithfully,

MissAnonymous

Dear University of NSW
Attn GIPAA,

This seems to be a blanket response without a consideration.

I request an internal review pursuant to GIPA Act.

I made a case to either waive entirely or discount with explicit references to the relevant parts of the act and there was no consideration given to any of that.

Please re-consider my GIPA Access Request according to the Act.

For your convenience the request is publicly available at:
https://www.righttoknow.org.au/request/a...

Looking forward to hearing the response on internal review.

Thanks

Yours sincerely,

MissAnonymous

Dear GIPAA,

Further information:

I also remind UNSW Open Access policy includes providing the research output via internet without instituting technical or legal barriers - including paywalls or loginwalls.

https://www.unsw.edu.au/content/dam/pdfs...

..without financial, legal or technical barriers other than those inseparable
from gaining access to the internet itself ...

Conforming to BOIA https://www.budapestopenaccessinitiative...

Yours sincerely,

MissAnonymous

Dear University of New South Wales
Attn GIPA Officer,

I refer to my access application;
- Access to paper The politics of police reform: Ten years after the Royal Commission

Published in Right To Know RTK website automatically:
- https://www.righttoknow.org.au/request/a...

Pursuant to s.80(a) of Government Information (Public Access) ("GIPA") Act 2009

(a) a decision that an application is not a valid access application

The decision is reviewable pursuant to s.82 of GIPA Act

I request internal review on;

1. UNSW GIPA has been provided both the name and e-mail as part of the communication electronically pursuant to Electronic Transactions Act (ET Act)

2. Under the ET Act both the name and the e-mail address was provided in the internet technical standardised e-mail headers pursuant to s. 9(1)

3. This has been upheld at federal level where Australian Taxation Office ("ATO") attempted to avoid transacting via Right To Know ("RTK") platform that provides names & e-mail address to applicants.

4. There is no provision as to formal or informal attestation of the name and I consider my name MissAnonymous" a name that fulfils the meaning of "name" pursuant the GIPA Act s. 41(1)(d)

5. GIPA s.41(a) contains the working "or lodged at an office of the agency concerned" that is in effect "writing" under the Electronic Transactions Act ("ETA")

6. By lodging this to your e-mail address I consider the s.41(a) lodged at an office of the agency fullfilled.

7. I further refer to ETA s. 13B(1) and(2) regards to location of dispatch & receipt as to "lodging at"

8. Nothing in the GIPA Act provides any form of formal requirement as to refer to the act explicitly - Nonetheless I referred to it and made a reference to my other application as to the framework to save effort in deciding the access application. For the avoidance of doubt I confirm that this is an access application under the GIPA Act. I neither see any agency addenum as to reasonable extended requirement to refer to the act in strict manner either.

9. The GIPA statute of 41(1)(c) should not be read in isolation without considering the matters that have an effect in relation to [sic] "a fee" - furthermore I refer to GIPA Act s.51A that explicitly sets out;

51A Effect of waiver, reduction or refund of application fee
(1) An agency is not to treat an application as being an invalid access application

10. Agency must provide consideration as to waiver and / or refund as I have requested - and referred in my application given s.41 in addition has explicit reference to s. 51A to consider the waiver and / or refund.

11. Agency is obligated and failed to consider when requested s. 66 - special public benefit - of GIPA Act into account when considering the "fee" pursuant to s.41 and s.51A given the request originates from a provable special public benefit platform known as Right To Know ("RTK") that is operated by the non-profit Open Australia Foundation - where the information is published for automatically - without any consideration by the user of the platform.

12. Agency is in addition obligated and has failed to consider refunding the "fee" pursuant to GIPA Act s. 127 that is referred also from s.51A in addition to Government Information (Public Access) Regulations 2018 that is referred in effect to regulations s. 10(c) regards to dealing with application from non-profit organisation that includes - but is not required - it's beneficial users applying on behalf of where one could reasonably put forward that users of RTK platform are automatically applying for the public interest or non-profit purposes relevant to the regulations or the ordinary effect of the statutes overall -

10 Discounted processing charge
An agency is required to reduce, by 50%, the processing charge payable under the Act for dealing with an access application if the applicant provides evidence that the applicant—
(c) is a non-profit organisation (including a person applying for or on behalf of a non-profit organisation).

13. I am only a user of RTK and not otherwise involved but I hold that the purpose is meaningful under the waiver meaning that has been left open what it means given it includes the word "include" and "require"

14. GIPA s.66(2) also provides that any processing charge/s is to be waived if the information was not in publcly available priori and given Right To Know autotomatically publishes the received informaton fullfilling the requirement in it's statutory ordinary meaning.

15. I also remind that s. 85 internal review provides consideration that UNSW should provide without having blanket policy to avoid the consideration.

85 Fee for internal review
(1) A fee of $40 is payable by the applicant for an internal review.
Note--: Section 127 enables an agency to waive, reduce or refund a fee payable or paid under this Act in any case that the agency thinks appropriate, subject to the regulations.

16. I am happy if UNSW considers and decides $40 fee is payable to provide that but please instruct payment details so this internal review can be conducted.

17. Nonetheless despite para 16, I reserve my right to appeal the consideration on refusal to provide waiver on internal review fee.

Yours sincerely,
MissAnonymous