Agreement That Involves Transfer of Radioactive Waste to ARPANSA's building in Yallambie
Dear Australian Radiation Protection and Nuclear Safety Agency,
I seek access under the Freedom of Information Act 1982 to information regarding the recently signed Memorandum of Understanding (MOU) between the University of Melbourne and the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). The MOU is an agreement that involves ARPANSA funding for a project at the university, transfer and transport of radioactive waste from the university to ARPANSA, and indefinite storage of drums of the aforementioned radioactive waste at ARPANSA's building in Yallambie. I request that a copy of the MOU document, including any attachments, be made available.
Yours faithfully,
Anonymous
Dear Anonymous,
Thank you or your application. I have also received on transfer from the Department of Health an application from you to them in identical terms. I intend to treat both applications as a single application. Please advise if you object to that approach.
It will be necessary for me to consult with the University of Melbourne in relation to this application and I will correspond with again when that consultation has been completed. At this stage I do not consider that I will require any further clarification from you in respect of the application.
Regards,
Martin
Martin Reynolds
General Counsel
Office of the General Counsel
Australian Radiation Protection and Nuclear Safety Agency
619 Lower Plenty Road, Yallambie VIC 3085 AUSTRALIA
Phone +61 3 9433 2349
[mobile number]
email [email address]
www.arpansa.gov.au
Important: This message may contain confidential information or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender. For the purposes of the SPAM Act 2003, this email is authorised by ARPANSA.
Dear ARPANSA,
I note we are beyond the 30-day deadline for the request. I respectfully ask that you respond by providing the requested document this week.
Although I understand your desire to consult with the university, this should have been considered last year when the MOU was put in place. The FOI Guidelines state: "In some cases, more than one agency will be involved in creating a document...In such circumstances, agencies should ensure that there are procedures in place to determine at the time a document is created whether it will be published under the IPS (see Part 13 of these Guidelines) or released in response to FOI requests. This may lessen the need for consultation between agencies if an FOI request is later received."
I hope you were able to obtain whatever advice or information you thought you needed last month. My request is neither large nor complex and I don't believe there is any reason to deny it. I therefore would not agree to any time extension.
Yours sincerely,
Anonymous
Dear ARPANSA
The statutory time limit for responding to my request has lapsed. Please note that an agency must inform an applicant of extension as soon as practicable (s 15(6)(b)). I did not receive information about the need for an extension from you.
Request a response without further delay.
Yours sincerely,
Anonymous
Dear Sun Shine,
Thank you for your email and timely reminder.
The University of Melbourne is not a Commonwealth agency and not subject the Commonwealth FOI Act generally, or specifically the FOI Guidelines or Information Publication Scheme so there was no obligation on either party to take the recommended action from the Guidelines and, in any event, such consultation would have been futile in the context of the University's status because the University would have retained the right to be consulted if, and when, an actual request was received.
I can confirm that the University has made a submission to me and has objected to any part of the document being released. I am currently considering the grounds for their objections and will inform you of my decision shortly.
No doubt you are aware that should I decide to grant access to the document, I am required to advise the University of that decision and in accordance with sub-sections 26A(4), 27(7) and 28(6) I must not give you access to the document until after all the opportunities for appeal by the University have been exhausted and the decision to grant access still stands or is confirmed.
Regards,
Martin
Martin Reynolds
General Counsel
Office of the General Counsel
Australian Radiation Protection and Nuclear Safety Agency
619 Lower Plenty Road, Yallambie VIC 3085 AUSTRALIA
Phone +61 3 9433 2349
[mobile number]
email [email address]
www.arpansa.gov.au
Important: This message may contain confidential information or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender. For the purposes of the SPAM Act 2003, this email is authorised by ARPANSA.
Dear ARPANSA,
I did not receive notice of your decision, despite your assurance to inform me "soon". The extended timeframe {the additional 30 days) has now expired.
I must therefore conclude that the CEO of ARPANSA has personally made a decision refusing to give access to the document (refer to s 15AC).
Yours sincerely,
Anonymous
Dear Sun Shine,
Please see attached my decision in relation to your request under the FOI Act.
Regards,
Martin
Martin Reynolds
General Counsel
Office of the General Counsel
Australian Radiation Protection and Nuclear Safety Agency
619 Lower Plenty Road, Yallambie VIC 3085 AUSTRALIA
Phone +61 3 9433 2349
[mobile number]
email [email address]
www.arpansa.gov.au
Important: This message may contain confidential information or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender. For the purposes of the SPAM Act 2003, this email is authorised by ARPANSA.