Access to paper The politics of police reform: Ten years after the Royal Commission
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
Good morning,
I refer to your email submitted overnight.
To be a valid application, you must comply with each of the requirements
in accordance with s 41(1) of the Government Information (Public Access)
Act 2009 (NSW) (GIPA Act). Specifically, s 41(1)(d) requires that the
application must state the name of the applicant and a postal or email
address as the address for correspondence in connection with the
application. Additionally, the $30 application fee is required. Note also
that s 66 of the GIPA Act refers to processing charges, which is separate
to the required $30 application fee.
Accordingly, your application is invalid.
However, the article you are seeking is publicly available and can be
found here:
[1]https://journals.sagepub.com/doi/10.1177...
You may also be able to access the article at no charge through this link:
[2]https://journals.sagepub.com/doi/abs/10....
If you wish to make a GIPA application for this or any other information,
please consider using the following link as the form ensures you provide
the required information.
[3]Formal access application form (GIPA) - Legal & Compliance | Planning &
Assurance - UNSW Sydney
You are welcome to replicate the content of your email into the above
online submission. We can also accept the content of your email as your
GIPA request if you do not wish to complete the above form, however, there
is a $30 application fee payable on lodgement regardless of which method
you choose.
Payment details can be made here, as follows:
[4]https://webpay.fin.unsw.edu.au/OneStopWe...
Please complete the required fields as follows:
Field Please Enter:
First Name Applicant’s first name
Surname Applicant’s last name
Email Applicant’s email address
Amount $30.00
Payment Description GIPA Application <add in applicant’s full name>
Project ID LEAVE THIS BLANK
Fund Code OP001
Department LEGALOFF
Account Code Select “1501 – General” from the drop-down menu
Tax Code Select “FREE 0% GST” from the drop-down menu
Once you have completed payment, please email the receipt to
[5][UNSW request email] so that we can commence processing your access
application.
If you have any further questions, feel free to email me by reply.
Kind regards,
Johanna Hetherington
Lawyer – Privacy & GIPA
Legal & Compliance | Division of Transformation, Planning and Assurance
Planning & Assurance Division
E: [6][UNSW request email]
W: [7]https://www.legal.unsw.edu.au/
Level 2, Chancellery
UNSW SYDNEY NSW 2052 AUSTRALIA
CRICOS Provider Code 00098G
[8]A black and yellow text Description automatically generated with low
confidence
Confidential communication – This email and any files transmitted with it
are confidential and are intended solely for the addressee. If you are not
the intended recipient, please be advised that you have received this
email in error and that any use, dissemination, forwarding, printing, or
copying of this email and any file attachments is strictly prohibited. If
you have received this email in error, please notify me immediately by
return email and destroy this email.
References
Visible links
1. https://journals.sagepub.com/doi/10.1177...
2. https://journals.sagepub.com/doi/abs/10....
3. https://www.unsw.edu.au/planning-assuran...
4. https://webpay.fin.unsw.edu.au/OneStopWe...
5. mailto:[UNSW request email]
6. mailto:[UNSW request email]
7. https://www.legal.unsw.edu.au/
8. https://newsroom.unsw.edu.au/news/genera...
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
Good afternoon,
Your access application under the Government Information (Public Access)
Act 2009 (NSW) (GIPA Act)
I refer to your GIPA application above and my email correspondence with
you on 31 July 2024. As noted in my email to you, to be a valid
application, you must comply with each of the requirements in accordance
with s 41(1) of the Government Information (Public Access) Act 2009 (NSW)
(GIPA Act). Specifically, s 41(1)(d) requires that the application must
state the name of the applicant and a postal or email address as the
address for correspondence in connection with the application.
Additionally, the $30 application fee is required.
To date, I have not received a response from you from containing the
required information to enable me to accept your application. Accordingly,
I have decided that your application as submitted is invalid. My decision
is a reviewable decision, which means you may request a review of this
decision. Please find attached a fact sheet that explains your review
rights.
Should you decide that you wish to proceed with your application, you are
of course welcome to submit another GIPA application with the required
information.
Kind regards,
Johanna Hetherington
Lawyer – Privacy & GIPA
Legal & Compliance | Division of Transformation, Planning and Assurance
Planning & Assurance Division
E: [1][UNSW request email]
W: [2]https://www.legal.unsw.edu.au/
Level 2, Chancellery
UNSW SYDNEY NSW 2052 AUSTRALIA
CRICOS Provider Code 00098G
[3]A black and yellow text Description automatically generated with low
confidence
Confidential communication – This email and any files transmitted with it
are confidential and are intended solely for the addressee. If you are not
the intended recipient, please be advised that you have received this
email in error and that any use, dissemination, forwarding, printing, or
copying of this email and any file attachments is strictly prohibited. If
you have received this email in error, please notify me immediately by
return email and destroy this email.
References
Visible links
1. mailto:[UNSW request email]
2. https://www.legal.unsw.edu.au/
3. https://newsroom.unsw.edu.au/news/genera...
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
Dear Miss Anonymous,
Thank you for your email.
The decision that your original application was invalid was based, in
part, by the fact that you had not paid the application fee. Section
41(1) of the GIPA Act makes it clear that the application must be
accompanied by a fee of $30 to be a valid application.
The University has not, under section 127 of the GIPA Act, waived or
reduced this fee for your application. Accordingly, section 51A of the
GIPA Act is not relevant to the decision that your application was
invalid.
You are welcome to make application for internal review of this decision.
To pay the $40 fee required for an internal review application, please
follow the following instruction:
Payment details can be made here, as follows:
[1]https://webpay.fin.unsw.edu.au/OneStopWe...
Please complete the required fields as follows:
Field Please Enter:
First Name Miss
Surname Anonymous
Email Your email address
Amount $40.00
Payment Description GIPA Internal Review Application MissAnonymous
Project ID LEAVE THIS BLANK
Fund Code OP001
Department LEGALOFF
Account Code Select “1501 – General” from the drop-down menu
Tax Code Select “FREE 0% GST” from the drop-down menu
Once you have completed payment, please email the receipt to
[2][UNSW request email] so that we can commence processing your internal
review.
Sincerely,
Paul Serov
Head, Compliance and Controlled Entities Law
Legal and Compliance
Division of Planning and Assurance
Chancellery Building
UNSW SYDNEY 2052
E: [3][email address]
W: [4]legal.unsw.edu.au
T: 02 9065 5491
[5]A picture containing logo Description automatically generated
CRICOS Provider Code 00098G
UNSW is located on the unceded territory of the Bedegal (Kensington
campus),
Gadigal (City and Paddington Campuses) and Ngunnawal peoples (UNSW
Canberra)
who are the Traditional Owners of the lands where each campus of UNSW is
situated.
Confidential communication – This email and any files transmitted with it
are confidential and are intended solely for the addressee. If you are not
the intended recipient please be advised that you have received this email
in error and that any use, dissemination, forwarding, printing or copying
of this email and any file attachments is strictly prohibited. If you have
received this email in error, please notify me immediately by return email
and destroy this email.
-----Original Message-----
From: MissAnonymous <[FOI #11803 email]>
Sent: Tuesday, 3 September 2024 2:38 PM
To: GIPAA <[UNSW request email]>
Subject: Internal review of Government Information (Public Access) request
- Access to paper The politics of police reform: Ten years after the Royal
Commission
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:
-
[6]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
-----Original Message-----
Good afternoon,
Your access application under the Government Information (Public Access)
Act 2009 (NSW) (GIPA Act)
I refer to your GIPA application above and my email correspondence with
you on 31 July 2024. As noted in my email to you, to be a valid
application, you must comply with each of the requirements in accordance
with s 41(1) of the Government Information (Public Access) Act 2009 (NSW)
(GIPA Act). Specifically, s 41(1)(d) requires that the application must
state the name of the applicant and a postal or email address as the
address for correspondence in connection with the application.
Additionally, the $30 application fee is required.
To date, I have not received a response from you from containing the
required information to enable me to accept your application. Accordingly,
I have decided that your application as submitted is invalid. My decision
is a reviewable decision, which means you may request a review of this
decision. Please find attached a fact sheet that explains your review
rights.
Should you decide that you wish to proceed with your application, you are
of course welcome to submit another GIPA application with the required
information.
Kind regards,
Johanna Hetherington
Lawyer – Privacy & GIPA
Legal & Compliance | Division of Transformation, Planning and Assurance
Planning & Assurance Division
E: [1][UNSW request email]
W: [2][7]https://www.legal.unsw.edu.au/
Level 2, Chancellery
UNSW SYDNEY NSW 2052 AUSTRALIA
CRICOS Provider Code 00098G
[3]A black and yellow text Description automatically generated with low
confidence
Confidential communication – This email and any files transmitted with it
are confidential and are intended solely for the addressee. If you are not
the intended recipient, please be advised that you have received this
email in error and that any use, dissemination, forwarding, printing, or
copying of this email and any file attachments is strictly prohibited. If
you have received this email in error, please notify me immediately by
return email and destroy this email.
References
Visible links
1. [8]mailto:[UNSW request email]
2. [9]https://www.legal.unsw.edu.au/
3.
[10]https://newsroom.unsw.edu.au/news/genera...
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Please use this email address for all replies to this request:
[11][FOI #11803 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:
[12]https://www.righttoknow.org.au/help/offi...
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If you find this service useful as an FOI officer, please ask your web
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References
Visible links
1. https://webpay.fin.unsw.edu.au/OneStopWe...
2. mailto:[UNSW request email]
3. mailto:[email address]
4. http://unsw.edu.au/
6. https://www.righttoknow.org.au/request/a...
7. https://www.legal.unsw.edu.au/
8. mailto:[unsw
9. https://www.legal.unsw.edu.au/
10. https://newsroom.unsw.edu.au/news/genera...
11. mailto:[FOI #11803 email]
12. https://www.righttoknow.org.au/help/offi...