ADF Breaking international law
Jaimie made this Freedom of Information request to Prime Minister
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Prime Minister,
What was the legal basis for Australia’s detention policy in Iraq and Afghanistan?
Did Australia express concern to the US regarding its illegal detention practices?
What formal arrangements were put in place to ensure a US soldier was always present with ADF troops to take legal responsibility for their capture?
What policies and procedures are now in place to ensure that Australia complies with international law in relation to the detention and treatment of captives?
Yours faithfully,
Jaimie Bruce
UNCLASSIFIED
Dear Mr Bruce,
I refer to your email to the Prime Minister, dated Friday 17 April 2015.
The Department of the Prime Minister and Cabinet (the Department) provides
administrative support to the Prime Minister in relation to Freedom of
Information (FOI) requests made to him.
Your request as currently framed is not a valid FOI request for the
purposes of the Freedom of Information Act (FOI Act). We have noted you
are seeking details broadly for information about Australia’s detention
policy in Iraq and Afghanistan. In particular, you have posed 4 specific
questions.
Subsection 15(1) of the FOI Act entitles a person to receive access to
official documents of a Minister – notwithstanding its name, the FOI Act
deals with access to documents created or held by the Minister, not merely
information. In addition, under subsection 15(2) of the Act, a valid
request must provide such information about a document as to enable the
responsible office of the Minister to identify it.
We therefore ask that you reframe the request to meet the requirements of
the FOI Act as outlined above.
Once we have received a valid request, we will begin processing your
matter.
Kind regards
FOI Adviser
Department of the Prime Minister and Cabinet
p. +61 2 6271 5849
e. [1][Prime Minister request email]
-----Original Message-----
From: Jaimie [[2]mailto:[FOI #1040 email]]
Sent: Friday, 17 April 2015 5:23 PM
To: FOI
Subject: Freedom of Information request - ADF Breaking international law
Dear Prime Minister,
What was the legal basis for Australia’s detention policy in Iraq and
Afghanistan?
Did Australia express concern to the US regarding its illegal detention
practices?
What formal arrangements were put in place to ensure a US soldier was
always present with ADF troops to take legal responsibility for their
capture?
What policies and procedures are now in place to ensure that Australia
complies with international law in relation to the detention and treatment
of captives?
Yours faithfully,
Jaimie Bruce
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Locutus Sum left an annotation ()
This is a personal letter to the Prime Minister but it does not have a connection with the Freedom of Information Act. It is a list of questions mixed with assertions about the law; but if it is the law of Australia, the law of the United States, or "international law" is not clear. There is no reference to any specific law so we cannot verify if the assertions are true or not. Also there is no clarity that Australia is subject to the specific law if it were stated. There is no request for a specific document. Also it does not "provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it [the document]", section 15(2)(b).
The proper response for the Prime Minister, in accordance with the law in Australia, is to say that the letter does not create a valid request under s 15 of the Freedom of Information Act (https://www.austlii.edu.au/au/legis/cth/...) , and also to help Jamie Bruce to make a valid request if the applicant needs this help.