Thank you for contacting the ACT Justice and Community Safety Directorate
FOI team.

Please note that this is an automated response to confirm that your email
has been received.

If you wish to lodge a request for access to documents under the Freedom
of Information Act 2016 (FOI Act) please ensure that your request is in
writing, stating that it is an application for the purposes of the FOI
Act, and providing sufficient details for describing the documents you
wish to access. If you are requesting personal information about yourself
then please ensure you enclose a copy of your photographic identification.

The JACS FOI will acknowledge your request in accordance with the
legislative requirements of the Act.

The FOI team can be contacted on 02 6207 2167

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OFFICIAL

Dear B,

FREEDOM OF INFORMATION (FOI) REQUEST

I refer to your application which was received by the Justice and
Community Safety Directorate (JACS) on 29 December 2023 in which you
sought access to information under the Freedom of Information Act 2016
(the Act).

In your application you have requested information relating to the
following documents which may be in possession of JACS:

"I am formally requesting specific operational documentation pertinent to
the Alexander Maconochie Centre.

My interest lies in obtaining detailed planning and operational
documentation for the years 2021 to 2024 in the following key areas:

-Pest Control Measures and Treatment:

- Comprehensive planning documentation, guidelines, or reports pertaining
to pest control practices within the facility.

-Financial Planning for Appliances:

- Detailed planning documentation, procedural guidelines, or records
associated with the financial planning and acquisition of appliances, with
a particular focus on whitegoods and for detainee grooming.

-Detainee Nutrition:

- Thorough planning documentation and guidelines for detainee nutrition,
including meal plans and considerations for allergies.

- Insights from an accredited nutritionist in Australia regarding
adherence to quality standards over the last two years."

JACS is now processing your request and in accordance with section 40 of
the Act, we are required to provide you with a decision on access to
records within the terms of the request within 30 working days of receipt
and a response is due to you by 14 February 2024.

Please feel free to contact me should you wish to discuss.

Kind Regards,

Senior Coordinator – Freedom of Information
Governance, Coordination and Reporting I Justice and Community Safety
Directorate

( (02) 6207 5433 I 8 [1][email address]| + GPO Box 158, Canberra ACT
2601

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OFFICIAL

Good morning

As you have been informed, the response to your application is due on 14
February 2024 in accordance with section 40 of the Freedom of Information
Act 2016.

For ease of reference, please see below relevant section:

40 Deciding access—time to decide

 (1) A respondent to an access application must decide the application not
later than 30 working days after the day of receiving the application.

 (2) The period under subsection (1) is extended by—

 (a) if the respondent consults with a relevant third party under section
38—15 working days; or

 (b) if the respondent makes a clarification request under
section 34 (3)—the number of working days the applicant takes to respond
to the clarification request; or

 (c) if the respondent gives notice to the applicant under section 46 (1)
(a)—the consultation period under section 46 (4) for the application; or

 (d) if the respondent contacts the applicant under section 106 (2)—the
number of working days the applicant takes to confirm or vary the
application; or

 (e) if the applicant makes an application to the agency or Minister to
waive a fee under section 107—the number of working days the agency or
Minister takes to decide the waiver application; or

 (f) if the period includes 1 or more Christmas shutdown days—the number
of Christmas shutdown days.

As you have been made aware previously, the ACT Government does not
undertake internal reviews. If you wish to seek a review, please apply to
the ACT Ombudsman via:

[1]https://www.ombudsman.act.gov.au/account...

Kind regards

Freedom of Information

Justice and Community Safety Directorate

Governance, Coordination and Reporting

[ACT-JACS request email]

GPO Box 158 Canberra ACT 2601

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Good afternoon ‘B’

I refer to your below application in which you are seeking access to:

                         My interest lies in obtaining detailed planning
and operational documentation for the years 2021 to 2024 in the following
key areas:

                               - Pest Control Measures and Treatment:

                                  - Comprehensive planning documentation,
guidelines, or reports pertaining to pest control practices within the
facility.

                              - Financial Planning for Appliances:

                                   - Detailed planning documentation,
procedural guidelines, or records associated with the financial planning
and acquisition of appliances, with a particular focus on whitegoods and
for detainee grooming.

                              - Detainee Nutrition:

                                  - Thorough planning documentation and
guidelines for detainee nutrition, including meal plans and considerations
for allergies.

                                  - Insights from an accredited
nutritionist in Australia regarding adherence to quality standards over
the last two years."

In processing your application, third party information has been
identified and consultation with the relevant third party is required. Per
section 41 of the Act, please be advised the due date is extended by 15
working days to allow for this process and is revised to 5 March 2024.

Kind Regards,

Senior Coordinator – Freedom of Information
Governance, Coordination and Reporting I Justice and Community Safety
Directorate

( (02) 6207 5433 I 8 [1][email address]| + GPO Box 158, Canberra
ACT 2601

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References

Visible links
1. mailto:[email address]|

OFFICIAL

Good afternoon 'B',

Please find attached a decision notice, documents and schedule in relation to your freedom of information request.

Kind Regards,

Senior Coordinator - Freedom of Information
Governance, Coordination and Reporting I Justice and Community Safety Directorate
o (02) 6207 5433 I I [email address]| GPO Box 158, Canberra ACT 2601

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OFFICIAL

Dear ‘B’

I am writing in response to your online complaint form submitted to the
Office of the ACT Ombudsman on 14 February 2024.

I apologise for the delay in acknowledging your complaint. To contact our
ACT Ombudsman Freedom of Information team, you can email:
[1][email address]. More information is available on our
[2]website here.

Our reference for this matter is: 2024-701782

Your complaint about JACS

You have told our Office you are dissatisfied with the handling of your
access application by the Justice and Community Safety Directorate (JACS).
You have said JACS delayed the processing of your request by registering
it two weeks late and then extending it 15 days for third party
consultation you did not agree to.

I have reviewed the correspondence available on the Right to Know website
– ‘[3]Alexander Maconochie Centre FOI - December 2023’.

Based on the information included on this webpage, your access application
was submitted on 29 December 2023. On the same day you received an
automated reply email from JACS.

On 15 January 2024, JACS acknowledged receipt of your access application.
On the same day, you stated you expected a decision by 29 January 2024.

On 1 February 2024, you wrote to JACS to advise you expected a decision on
your application and asked for an update.

On 2 February 2024, you requested an internal review.

On 5 February 2024, JACS wrote to you to advise the decision on your
application was due on 14 February 2024 and that internal review was not
available under the FOI Act. On the same day, you acknowledged receipt of
this email.

On 9 February 2024, JACS advised you that the timeframe to decide your
application was extended by 15 working days due to third party
consultation.

On 13 February 2024, you acknowledged the decision was due to be decided
on 5 March 2024.

On 14 February 2024, you submit your online complaint form to the ACT
Ombudsman.

On 28 February 2024, you ask JACS for an update.

On 5 March 2024, JACS provide you with a decision notice, schedule and
released information.

Relevant law – third party consultation and timeframes

Once a valid access application is received, the respondent must within 10
working days after the day the application was received, give the
applicant written notice of the day on which the application was received,
and the day by which a decision is to be made under section 32 of the
[4]Freedom of Information Act 2016 (ACT) (FOI Act).

Under subsection 40(1) of the FOI Act, a respondent must decide an access
application within 30 working days after the day the application is
received.

Under subsection 40(2) of the FOI Act, this 30 working day period is
extended by 15 working days if the respondent consults with a relevant
third party.

If a respondent considers that some of all of the government information
applied for is not contrary to the public interest information; but
disclosure of the information may reasonably be expected to be of concern
to a person or another entity, the respondent must take reasonable steps
to consult with the relevant third party before deciding to give access to
the information under section 38 of the FOI Act.

In my preliminary view, it appears JACS processed your access application
within the timeframes set out in the FOI Act (45 working days – from 30
December 2023 until 5 March 2024). I appreciate you did not agree to third
party consultation, but respondents are obligated to consult third parties
if 1) they propose to release information and 2) release of the
information may reasonably be expected to be a concern to a third party.

Next steps

For the purpose of assessing your complaint further, could you please
confirm:

o the date your access application was submitted to JACS (i.e. confirm
if your application was made on 29 December 2023)
o whether your complaint relates to JACS FOI reference 2024/82 –
available on the [5]Right to Know website here or a different FOI
application.

You are welcome to provide any additional information you would like me to
consider. If any of the above background information is incorrect, please
provide additional information or contact me using the information in my
email signature below.

Yours sincerely,

Caitlin Christie

Merits Review Officer (she/her)

Freedom of Information / Defence, Investigations, ACT & Legal

Proud to be working on the lands of the Ngunnawal people.
(02) 5117 3650 (option 3) Monday – Friday 10AM to 4PM AEST

[6][email address]

[7]ombudsman.act.gov.au

Level 5, 14 Childers St Canberra ACT 2600
The Office of the ACT Ombudsman acknowledges the Traditional Owners of
country throughout Australia and their continuing connection to land,
culture and community. We pay our respects to Elders past and present.

Artwork by Kevin Bynder, Whadjuk Nyungar Badimia Yamatji Artist.

The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.

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References

Visible links
1. mailto:[email address]
2. https://www.ombudsman.act.gov.au/account...
3. https://www.righttoknow.org.au/request/a...
4. https://www.legislation.act.gov.au/a/201...
5. https://www.righttoknow.org.au/request/a...
6. mailto:[email address]
7. http://www.ombudsman.act.gov.au/