UNCLASSIFIED

Dear Mark Mildenhall,

Freedom of Information Request FOI16/135

I refer to your request under the Freedom of Information Act 1982 (FOI
Act) for access to information relating to Airsoft. On 13 September 2016,
you requested the following:

 

“I would like to request all information on the determination of your
policy in 2010 to declare Airsoft as "Paramilitary" please could you
include information on all consulted parties and any fact checking of
qualifications that were made on the submitting parties.

 

Also I would like to know what is the legal definition that the department
has used for "Paramilitary" and if there was any comparison made between
paintball, Laser tag and Airsoft or if there was any investigation
conducted into the sports.

 

Also with the creation of full IPSC (International Practical Shooters
confederation) sports rules termed action air which has changed the
definition of Airsoft itself into a system of delivery of a particular
type of round (Being a 6mm plastic BB) and the sports now being referred
to as Action air and Airsoft skirmish does the department still stand by
the stance of "Paramilitary" 

 

I consider that the first paragraph of your above request constitutes a
valid request for the purposes of the FOI Act. However, I am unable to
accept the remainder of your request as a valid FOI request. Please find
reasons below. 

 

Part of your request that constitutes a valid FOI request

 

The FOI Act provides for individuals to request access to documents held
by Government, rather than general information. Accordingly, I have
interpreted your FOI request to be for:

 

“I would like to request all documents relating to the determination of
your policy in 2010 to declare Airsoft as Paramilitary. Please could you
also include all documents containing information on consulted parties and
fact checking of qualifications that were made to submitting parties”

 

If you disagree with this interpretation of your request, please let me
know by COB Friday 23 September 2016.

 

We received your request on 13 September 2016 and the 30 day statutory
period for processing your request commenced from the day after that date.
You should therefore expect a decision from us by 14 October 2016. The
period of 30 days may be extended if we need to consult third parties or
for other reasons. We will advise you if this happens.

It is the usual practice of the department to not disclose the names and
contact details of junior officers of the department and other government
agencies, where that personal information is contained in documents within
the scope of a request.  The names and contact details of senior officers
will generally be disclosed.  We will take it that you agree to the
removal of junior officers’ personal information unless you advise that
you would like us to consider releasing that information as part of the
documents you have requested.

Please note that information released under the FOI Act may later be
published online on our disclosure log
[1]http://www.ag.gov.au/RightsAndProtection...,
subject to certain exceptions. (For example, personal information will not
be published where this would be unreasonable.)

 

Invalidity of remainder of your request

The remainder of your request does not meet the requirements of section 15
of the Freedom of Information Act 1982 (the FOI Act).

Sections 15(1) and (2) relevantly provide:

(1)   …a person who wishes to obtain access to a document of an agency …
may request access to the document

(2)   The request must …
(b) provide such information concerning the document as is reasonably
necessary to enable a responsible officer of the agency to identify it …

The FOI Act requires the request must be for access to a document or
documents, and not for information generally.  The FOI Guidelines issued
by the Office of the Australian Information Commissioner state at
paragraph 2.29 that the ‘right of access’ under the FOI Act is to existing
documents, rather than to information, and that the FOI Act does not
require an agency to create new documents containing the information that
is sought.  The second and third paragraphs of your request do not provide
sufficient information to allow an officer of this department to identify
documents that would fall within the scope of your request.  Therefore,
these parts of your request do not satisfy the requirements of a valid
FOI request.

I would note that the Attorney General’s Department has provided you with
some information relating to the use of the term “Paramilitary” outside of
the FOI Act. I refer to the email from the Attorney General’s Department
to you dated 16 September 2016.

 

We will contact you using the email address you provided. Please advise
if you would prefer us to use an alternative means of contact.

If you have any questions, please contact FOI Case Officer by telephone on
(02) 6141 6666 or by email [2][AGD request email].

Yours sincerely

 

FOI Case Manager

Freedom of Information and Privacy Section

 

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Privacy Collection Notice

When you make a request for documents or an inquiry about privacy matters,
the Attorney-General s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
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References

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hide quoted sections

UNCLASSIFIED

Dear Mark Mildenhall

Freedom of Information Request no. FOI16/135

 

I refer to your request for access to documents relating to Airsoft under
the Freedom of Information Act 1982 (FOI Act).  As your request covers
documents which contain information concerning the business, commercial or
financial affairs of an organisation, or a person’s business or
professional affairs the Department is required to consult with the person
or organisation concerned (under section 27 of the FOI Act) before making
a decision on the release of those documents.

For this reason the period for processing your request has been extended
by 30 days in order to allow our agency time to consult with that person
or organisation (section 15(6) of the FOI Act). The processing period for
your request will now end on the 13 November 2016.

The consultation mechanism under section 27 applies when we believe the
person or organisation concerned may wish to contend that the requested
documents are exempt because their release would disclose trade secrets or
commercially valuable information or may adversely affect their business
or financial affairs. We will take into account any comments we receive
from the person or organisation but the final decision about whether to
grant you access to the documents you requested rests with this
Department.

More information about exemptions under the FOI Act is available in Fact
Sheet 8 on the Office of the Australian Information Commissioner’s
website:
[1]http://www.oaic.gov.au/freedom-of-inform....

Yours sincerely

 

FOI Case Manager

FOI and Privacy Section

 

 

 

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If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.

--------------------------------------------------------------------------

--------------------------------------------------------------------------

Privacy Collection Notice

When you make a request for documents or an inquiry about privacy matters,
the Attorney-General’s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

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References

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hide quoted sections

UNCLASSIFIED

Good afternoon Mr Mildenhall,

 

Freedom of Information Request FOI16/135

 

Please find attached the decision letter for your Freedom of Information
request.  

 

Kind regards,

 

FOI Legal Officer

Freedom of Information and Privacy Section | Strategy and Delivery

Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
T: +61 (02) 6141 6666  E: [1][AGD request email]

 

 

 

--------------------------------------------------------------------------

If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.

--------------------------------------------------------------------------

--------------------------------------------------------------------------

Privacy Collection Notice

When you make a request for documents or an inquiry about privacy matters,
the Attorney-General’s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

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References

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