Advertising on New Asylum Seeker Processing Policy
Dear Department of Immigration and Citizenship,
Under the FOI Act I request documents held by the Department produced in the last two weeks relating to paid public communications across all media within Australia about the new asylum seeker regional processing policy, including:
- any strategy documents stating the purpose of the campaign, how it will achieve that purpose, how success will be assessed, and how target audiences were chosen;
- any design briefs and requests for alterations sent from or to the Department;
- any assessment of the compatibility of this campaign with Government advertising guidelines.
Yours faithfully,
Tom Swann
Dear Department of Immigration and Citizenship,
I wish to clarify my earlier FOI request as follows.
Under the FOI Act I request documents held by the Department produced in the last two weeks relating to paid public communications across all media within Australia about the new asylum seeker regional processing policy, including (but not limited to):
- any strategy documents stating the purpose of the campaign, how
it will achieve that purpose, how success will be assessed, and how
target audiences were chosen;
- any design briefs and requests for alterations sent from or to
the Department;
- any assessment of the compatibility of this campaign with
Government advertising guidelines;
- any correspondence about the advertising campaign between the Department of Immigration and Citizenship and either the Department of Prime Minister and Cabinet, and/or the Office of the Minister for Immigration and Citizenship.
Yours faithfully,
Tom Swann
> Original request email.
Dear Department of Immigration and Citizenship,
Under the FOI Act I request documents held by the Department
produced in the last two weeks relating to paid public
communications across all media within Australia about the new
asylum seeker regional processing policy, including:
- any strategy documents stating the purpose of the campaign, how
it will achieve that purpose, how success will be assessed, and how
target audiences were chosen;
- any design briefs and requests for alterations sent from or to
the Department;
- any assessment of the compatibility of this campaign with
Government advertising guidelines.
Yours faithfully,
Tom Swann
UNCLASSIFIED
Good afternoon Mr Swann,
Please see the attached acknowledgement of your FOI request.
Kind regards,
Jessica Hallams
FOI Helpdesk
FOI & Privacy Policy
Department of Immigration and Citizenship
T: (02) 6198 7525
E: [email address]
Dear Jessica,
Thanks for your reply. I look forward to the Department's response.
Yours sincerely,
Tom Swann
UNCLASSIFIED
Our references: FA 13/07/00856; ADF2013/22717
Good afternoon Mr Swann,
I refer to your request for access to documents relating to:
Under the FOI Act I request documents held by the Department produced in
the last two weeks relating to paid public communications across all media
within Australia about the new asylum seeker regional processing policy,
including (but not limited to):
- any strategy documents stating the purpose of the campaign, how it
will achieve that purpose, how success will be assessed, and how target
audiences were chosen;
- any design briefs and requests for alterations sent from or to the
Department;
- any assessment of the compatibility of this campaign with
Government advertising guidelines;
- any correspondence about the advertising campaign between the
Department of Immigration and Citizenship and either the Department of
Prime Minister and Cabinet, and/or the Office of the Minister for
Immigration and Citizenship.
The current due date for your request is 19 August 2013. Due to the
number of requests currently being processed by our office, we may not be
able to finalise your request by the original due date.
DIAC seeks your agreement (under s.15AA of the FOI Act) to extend the
timeframe for the processing of your request by 30 days. This would
extend the due date for your request to 18 September 2013.
The processing delays experienced by DIAC have been investigated by the
Office of the Australian Information Commissioner in a recent 'own motion'
investigation. A copy of the report can be accessed at:
[1]http://www.oaic.gov.au/publications/repo...
It would assist DIAC in managing its FOI caseload if you could provide a
response to this request by close of business, Australian Eastern Standard
Time Monday 29 July 2013.
Please do not hesitate to contact me should you wish to discuss.
Yours sincerely
Jessica Hallams
FOI Helpdesk
FOI & Privacy Policy
Department of Immigration and Citizenship
T: (02) 6198 7525
E: [2][email address]
UNCLASSIFIED
References
Visible links
1. http://www.oaic.gov.au/publications/repo...
2. mailto:[email address]
UNCLASSIFIED
Our references: FA 13/07/00856; ADF2013/22717
Dear Mr Swann
Re: Your Freedom of Information request
I am writing to inform you that I have been appointed as the authorised
decision maker on your FOI request for:
"Under the FOI Act I request documents held by the Department produced in
the last two weeks relating to paid public communications across all media
within Australia about the new
asylum seeker regional processing policy, including (but not limited
to):
- any strategy documents stating the purpose of the campaign, how it
will achieve that purpose, how success will be assessed, and how
target audiences were chosen;
- any design briefs and requests for alterations sent from or to the
Department;
- any assessment of the compatibility of this campaign with
Government advertising guidelines;
- any correspondence about the advertising campaign between the
Department of Immigration and Citizenship and either the Department of
Prime Minister and Cabinet, and/or the Office of the Minister for
Immigration and Citizenship.”
As part of DIAC's FOI service standard, I will update you every 14 days
regarding progress of your request. However, please do not hesitate to
contact me if you have any questions or wish to discuss the request in the
interim.
I am writing to advise you that DIAC has not as yet identified all the
relevant documents. As a result, I am in consultation with the relevant
business areas regarding the searches for relevant documents
Regards
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Citizenship
Tel: (02) 62643131
UNCLASSIFIED
UNCLASSIFIED
Dear Mr Swann
Our reference - FA 13/07/00856
This email is to confirm that I have finished my consultation with the
DIAC business area relating to your request.
Processing of the request has identified documents that are relevant to
the request which may concern the business, commercial or financial
affairs of an
organisation.
In these circumstances, the Department is required by section 27 of the
FOI Act to consult the organisation concerned about the possible release
of the
documents to the applicants. The FOI Act provides agencies with an
additional 30 days to carry out these consultations.
If the organisation makes submissions that the document should be exempt
under section 47G of the FOI Act, the Department is required to take
those
submissions into account. Release of documents to applicants is then
subject to the exercise of review rights by the organisation.
At the conclusion of these consultations, the Department will write to
inform you of its decision in relation to the request.
I have attached the business consultation notification.
Please feel free to email me at this email address, or telephone me on the
number below if you wish to discuss any aspect of this request.
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Citizenship
Tel: (02) 62643131
UNCLASSIFIED
UNCLASSIFIED
Our references: FA 13/07/00856; ADF2013/22717
Dear Mr Swann
I am writing in regards to your FOI request seeking:
Under the FOI Act I request documents held by the Department produced in
the last two weeks relating to paid public communications across all media
within Australia about the new
asylum seeker regional processing policy, including (but not limited
to):
- any strategy documents stating the purpose of the campaign, how it
will achieve that purpose, how success will be assessed, and how target
audiences were chosen;
- any design briefs and requests for alterations sent from or to the
Department;
- any assessment of the compatibility of this campaign with
Government advertising guidelines;
- any correspondence about the advertising campaign between the
Department of Immigration and Citizenship and either the Department of
Prime Minister and Cabinet, and/or the Office of the Minister for
Immigration and Citizenship.
This email is to advise you of my decision that you are liable to pay a
charge in respect of the processing of your FOI request in accordance with
s 29 of the FOI Act.
Please see the attached letter for further information.
How to pay:
The deposit or full payment can be paid by cheque, money order or credit
card.
Cheques and money orders should be made payable to "Collector of Public
Monies DIAC" and sent to
FOI & Privacy Policy Section
Department of Immigration & Citizenship
PO Box 25
BELCONNEN ACT 2616
AUSTRALIA
Should you choose to pay by credit card, please fill out the attached
credit card authorisation form and forward to FOI & Privacy Policy Section
at the above address, or email to [1][email address]. Please advise
whether you wish to pay the deposit only or the full charge.
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Citizenship
Tel: (02) 62643131
UNCLASSIFIED
References
Visible links
1. mailto:[email address]
UNCLASSIFIED
UNCLASSIFIED
Our references: FA 13/07/00856; ADF2013/22717
Dear Mr Swann
I am writing in regards to your FOI request seeking:
Under the FOI Act I request documents held by the Department produced in
the last two weeks relating to paid public communications across all
media within Australia about the new
asylum seeker regional processing policy, including (but not limited
to):
- any strategy documents stating the purpose of the campaign, how it
will achieve that purpose, how success will be assessed, and how target
audiences were chosen;
- any design briefs and requests for alterations sent from or to the
Department;
- any assessment of the compatibility of this campaign with
Government advertising guidelines;
- any correspondence about the advertising campaign between the
Department of Immigration and Citizenship and either the Department of
Prime Minister and Cabinet, and/or the Office of the Minister for
Immigration and Citizenship.
This email is to advise you of my decision that you are liable to pay a
charge in respect of the processing of your FOI request in accordance with
s 29 of the FOI Act.
Please see the attached updated letter for further information. Please
disregard the previous email and attachments sent on 5 August 2013.
How to pay:
The deposit or full payment can be paid by cheque, money order or credit
card.
Cheques and money orders should be made payable to "Collector of Public
Monies DIAC" and sent to
FOI & Privacy Policy Section
Department of Immigration & Citizenship
PO Box 25
BELCONNEN ACT 2616
AUSTRALIA
Should you choose to pay by credit card, please fill out the attached
credit card authorisation form and forward to FOI & Privacy Policy Section
at the above address, or email to [1][email address]. Please advise
whether you wish to pay the deposit only or the full charge.
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Citizenship
Tel: (02) 62643131
UNCLASSIFIED
References
Visible links
1. mailto:[email address]
Dear Mel Heggart,
> Request to waive charges imposed on processing request for documents under FOI Act
I write concerning your response on 6 August 2013 to my request for documents under the Freedom of Information Act lodged on 20 July 2013 (Your reference: FA 13/07/00856; ADF2013/22717).
I note the Department's preliminary search has uncovered a number of documents and seeks to impose a charge of $360.40 before processing the request. I seek a waiver of this charge under S(29(5)) of the FOI Act. S(29(5)) provides that the agency must consider
"(a) whether the payment of the charge, or part of it, would cause financial hardship to the applicant, or to a person on whose behalf the application was made; and
(b) whether the giving of access to the document in question is in the general public interest or in the interest of a substantial section of the public."
I request DIAC choose not to impose the charges on both grounds.
> Financial Hardship
I am currently a student at the Australia National University. I also work as a causal research officer at a not-for-profit think tank. Income from Austudy payments and from my casual research work together afford me a modest income which supports only my study and research. The proposed fee would be more than half the income I receive in one week. Paying this fee would cause therefore cause me financial hardship, making it difficult for me to cover rent and other basic needs.
On this ground, I ask the Department to consider it appropriate to waive the fee in order not to impose financial hardship.
Public Interest
I also seek waiver of the proposed fee on the grounds of public interest.
There has been substantial public debate about the content of this advertising campaign and the process under which it was approved. Below is a selected list of media articles concerning issues and controversy around the campaign and its approval.
• Senator complains over PNG plan ads - July 22, 2013 http://www.smh.com.au/federal-politics/p...
• Auditor queries asylum-seeker ad campaign - August 02, 2013 http://www.theaustralian.com.au/national...
• Taxpayers fund their own asylum seeker parody posters - August 05, 2013 http://www.news.com.au/technology/taxpay...
• A 'cancer on democracy' Labor could not control – 6 August 2013 - “The temptation to court voters' good opinion by spending their own money is just too strong, Richard Mulgan writes.” http://www.canberratimes.com.au/national...
Ministers and department spokespeople have made a number of claims about the campaign that cannot be properly assessed without reviewing the requested documents. There is substantial concern among the Australian community, including members of Parliament, interest groups, the media and the general public, that the present campaign was informed by political imperatives and implemented without due diligence in line with existing approval processes for government advertising. If the documents reveal the present campaign was in fact appropriately developed and approved, release of the requested documents would be vital to verifying this fact and informing ongoing public debate about the proper conditions for government advertising. Government advertising plays an important role in our public life. It is in the public interest to secure evidence to build for confidence that government advertising campaigns properly respect the appropriate role of government advertising. This requires consideration of documents involved in producing the campaign.
In addition, there is a general public interest in considering the effectiveness of the campaign in line with its stated aims, as there is with any government program. The advertising campaign has been paid for with money collected through taxes from the Australian public. It is in the interest of the Australian public to see whether the goals of the campaign were best served by the way the campaign was executed. The requested documents are vital to that end.
I request the Department to consider whether the release of the documents is on balance in the public interest. If so, I request the Department to waive the fee for their release on grounds of public interest under S (29(5)) of the FOI Act.
On both grounds, the documents would be valuable to my work at the not-for-profit think tank The Australia Institute, which has written about government advertising in the past. https://www.tai.org.au/index.php?q=node%...
I note the Department may find that sections of the requested documents are not in the public interest for release. I request the Department to consider the public interest factors favouring waiver of charges of relevant sections of the documents, independently from any public interest factors weighing against disclosure of other parts of the documents.
Please contact me to discuss if necessary.
Regards,
Tom Swann
0412 166 490
UNCLASSIFIED
Dear Mr Swann,
Thank you for your email.
At this stage I am not satisfied that I would reduce the charge on financial hardship grounds.
In order to assist, you may wish to provide additional information or evidence to support your claims. For further information please find attached paragraphs 4.50 and 4.51 from the FOI Guidelines relating to financial hardship.
The full text of the Guidelines are available at www.oaic.gov.au.
Financial hardship
4.50 Whether payment of a charge would cause financial hardship to an applicant is primarily concerned with the applicant’s financial circumstances and the amount of the estimated charges. Financial hardship means more than an applicant having to meet a charge from his or her own resources.
4.51 An applicant relying on this ground could ordinarily be expected to provide some evidence of financial hardship. For example, the applicant may rely upon (and provide evidence of) receipt of a pension or income support payment; or provide evidence of income, debts or assets. However, an agency should be cautious about conducting an intrusive inquiry into an applicant’s personal financial circumstances. Agencies need to have regard to the policy of the Privacy Act, which is to minimise the collection of personal information to what is required for administrative decision making.
To assist with my decision, please respond by COB Friday 13 September 2013.
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Citizenship
Tel: (02) 62643131
Dear Mel Heggart,
Could you please indicate what you would consider evidence of financial hardship imposed by this fee?
Could you please also consider the public interest grounds for waiving the fee I raised in my appeal? This by itself is sufficient for waiving the fee and you have not addressed it in your response.
Yours sincerely,
Tom Swann
UNCLASSIFIED
Dear Mr Swann
I have attached a fact sheet from the OAIC website which has suggestions of evidence of financial hardship.
I am still in the process of considering the public interest grounds.
regards
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Citizenship
Tel: (02) 62643131
UNCLASSIFIED
Our reference: FA 13/07/00856; ADF 2013/22717
Dear Mr Swann
I have made a decision regarding your contention that charges be reduced
or not imposed. (s29(8)).
Please see the attached.
Regards
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Tel: (02) 62643131
UNCLASSIFIED
UNCLASSIFIED
Our references: FA 13/07/00856 ; ADF2013/22717
Dear Mr Swann
I am writing to advise that the consultation period regarding your charges
(including contentions) finishes on 3 November 2013.
Kind Regards
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Tel: (02) 62643131
UNCLASSIFIED
Dear Mel HEGGART,
I wish to pay the deposit for processing my request, as outlined in your email on 3 October.
Your email said the credit card form would be attached. Could you please send me this form and where the form should be sent, or other payment arrangement using credit card.
Yours sincerely,
Tom Swann
UNCLASSIFIED
Dear Mr Swann
Please see the attached CCAF for the deposit.
How to pay the deposit
The deposit can be paid by cheque, money order or credit card.
Cheques and money orders should be made payable to "Collector of Public Monies DIBP" and sent to:
FOI & Privacy Policy Section
Department of Immigration & Border Protection PO Box 25 BELCONNEN ACT 2616
Should you choose to pay by credit card, please fill out the attached credit card authorisation form and forward to FOI & Privacy Policy Section at the above address, or email to [email address].
The due date for your request is 18 December 2013.
regards
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Tel: (02) 62643131
UNCLASSIFIED
Dear Mr Swann
I am writing to confirm you received the CCAF form in order to pay the deposit for your request.
Regards
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Tel: (02) 62643131
UNCLASSIFIED
Our reference FA 13/07/00856; ADF2013/22717
Dear Mr Swann
I am writing to confirm if the department is able to give notices to you
under the Freedom of Information Act 1982 (FOI Act) at this address as you
have not responded to my previous email. Section 15 of the FOI Act makes
a requirement for a request to ‘give details of how notices under this Act
may be sent to the applicant’.
Consequently, I am requesting that you confirm that this email address by
COB Friday 6 November 2013 that the department can give notices to you
under the FOI Act at this email address. Alternatively, you may wish to
advise of an alternate address where the department can give notices under
the FOI Act. If you do not do one of these things, I will no longer be
satisfied that this request meets the requirement of s.15 of the FOI Act
and your request will not be valid under the FOI Act.
Further, I am writing to bring your attention to your agreement to pay a
deposit/charge under the FOI Act. At this time, you have not paid the
deposit of $90.52 (from a total of $362.09). If you continue to agree to
pay this deposit/charge, please complete the attached CCAF form and return
to the department. Alternatively, if you no longer wish to continue with
this request, I am inviting you to withdraw this request, noting that you
may submit a new request at any time.
Regards
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Tel: (02) 62643131
UNCLASSIFIED
Our reference: RQ13/02056
Agency reference: FA 13/07/00856
Mr Tom Swann
Email: [FOI #313 email]
Dear Mr Swann
Extension of time request under s15AB
On 12 December 2013, the Department Of Immigration And Border Protection
requested further time to make a decision on your FOI request of 20 July
2013.
This request was on the basis that the processing period is insufficient
to deal adequately with your request, because it is complex.
The Information Commissioner has decided to grant the Department Of
Immigration And Border Protection an extension of time of 30 days for this
request, to 11 January 2014. This decision has been made under s15AB(2) of
the Freedom of Information Act 1982 (Cth) (the Act). A copy of the
decision is attached.
Review rights
If you are unhappy with the way we have handled this matter, you may
complain to the Commonwealth Ombudsman. This service is free, and you can
contact the office on 1300 362 072 or visit [1]www.ombudsman.gov.au.
If you would like to discuss this matter you may contact me on (02) 9284
9667 or via email [email address].
Yours sincerely
Sarah Loh | Merit Review & Investigation Officer |Dispute Resolution|
Office of the Australian Information Commissioner |
GPO Box 5218 SYDNEY NSW 2001 |[2]www.oaic.gov.au|
Phone: +61 2 9284 9667 | Email: [3][email address]
Protecting information rights – advancing information policy
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References
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1. http://www.ombudsman.gov.au/
2. http://www.oaic.gov.au/
3. mailto:[email address]
UNCLASSIFIED
Our references: FA 13/07/00856; ADF2013/27717
Dear Mr Swann
I have finalised your request FA 13/07/00856; for the following:
" Under the FOI Act I request documents held by the Department produced
in the last two weeks relating to paid public communications across all
media within Australia about the new asylum seeker regional processing
policy, including (but not
limited to):
- any strategy documents stating the purpose of the campaign,
how it will achieve that purpose, how success will be assessed, and how
target audiences were chosen;
- any design briefs and requests for alterations sent from or to the
Department;
- any assessment of the compatibility of this campaign with
Government advertising guidelines;
- any correspondence about the advertising campaign between the
Department of Immigration and Citizenship and either the Department of
Prime Minister and Cabinet, and/or the Office of the Minister for
Immigration and Citizenship..”
Please see attached decision letter.
As there are charges associated with the request, the documents relating
to the request will be sent once the balance owing has been paid.
Cheques and money orders should be made payable to "Collector of Public
Monies DIBP" and sent to:
FOI & Privacy Policy Section
Department of Immigration & Border Protection PO Box 25 BELCONNEN ACT
2616
Should you choose to pay by credit card, please fill out the attached
credit card authorisation form and forward to FOI & Privacy Policy Section
at the above address, or email to [1][email address].
Regards
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Tel: (02) 62643131
UNCLASSIFIED
References
Visible links
1. mailto:[email address]
Mark Page left an annotation ()
The list of documents that she plans to release to you looks interesting. You could ask for the fee to be waived on the grounds that the documents are in the public interest, given the current political debate surrounding asylum seekers.
Alternatively, you could start a fundraising campaign on Pozible to raise funds for it, and get people who blog about asylum seekers to spread the word. This was done by the technology blog Delimiter to fund the release of the incoming minister brief regarding the National Broadband Network (http://www.pozible.com/project/35343). The NBN documents were ultimately not released for other reasons, but in your case, the Immigration Department have already said they will release the documents if the fee is paid (at least, thats my understanding of her email).
UNCLASSIFIED
Our references: FA 13/07/00856; ADF2013/22717
Dear Mr Swann
Please see the attached documents in relation to your request.
Regards
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Tel: (02) 62643131
UNCLASSIFIED
Dear Mel HEGGART,
Regarding the documents you have just sent, I am grateful to the Department they are largely unredacted.
However there are some notable redactions I would like to ask about.
The documents redact as 'irrelevant to the request' a paragraph titled "Considerations" in a campaign plan document. Based on the title, that seems directly relevant to my request. Could you please explain why this was redacted? What was the nature of that paragraph?
There are also a number of full page redactions on grounds of irrelevance. Can you please explain why they have been redacted? What is the nature of the content redacted?
Can you also please explain why you have redacted what appears to be the Minister's name? Is this because it is his "Gmail" account as referred to in the emails?
Yours sincerely,
Tom Swann
UNCLASSIFIED
Dear Mr Swann
The redactions applied to the documents are outlined in detail in the decision letter provided to you on 13 January 2014. Your review rights are outlined in that decision letter.
As 30 days have passed since the decision was provided to you, you may apply to the Information Commissioner for a review of the decision. You have 60 days from the date of the decision to apply to the Information Commissioner.
regards
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Tel: (02) 62643131
Henare Degan left an annotation ()
This request was written up in this article: http://www.thesaturdaypaper.com.au/news/...
Tom Swann left an annotation ()
These documents (finally) became the basis of my story in the Saturday Paper:
http://www.thesaturdaypaper.com.au/news/...
Alex Sadleir left an annotation ()
Some more details about the approval of this advertising have been released
http://www.scribd.com/doc/157348444/Audi...
http://www.immi.gov.au/about/_doc/certif...
It would be interesting to see the "evidence of compliance" the Secretary was provided to assure himself that it met the requirements as some of the Principle 2 requirements such as focus groups would have taken time to do.