Appointment details Mr Gary John Finger
Dear Queensland Department of Justice and Attorney-General,
Can you please confirm the current appointment for Mr Gary John Finger, of the Southport Courthouse.
The last public information I have been able to find Queensland Government Gazette 79 states his appointment as a Judicial Registrar for the 17 April 2015 - 16 April 2017.
Is this still the current appointment?
Yours faithfully,
Cherie
Dear Queensland Department of Justice and Attorney-General,
I refer to my recent FOI request 23 January 2019, as below and note that I have not received any response.
"Can you please confirm the current appointment for Mr Gary John Finger, of the Southport Courthouse.
The last public information I have been able to find Queensland Government Gazette 79 states his appointment as a Judicial Registrar for the 17 April 2015 - 16 April 2017.
Is this still the current appointment?."
Yours faithfully,
Cherie
Good morning Sam
Thank you for your email.
I have forwarded this to our Human Resources department to respond
directly.
Kind Regards
Emma
Emma Rickuss
Administration Officer
Governance Team
Right to Information and Privacy
Department of Justice and Attorney-General
---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3239 0756 (ext 90756)
F 07 3006 5929
E [1][email address]
GPO Box 149, Brisbane, QLD, 4001
-----Original Message-----
From: Sam [mailto:[FOI #5227 email]]
Sent: Monday, 4 February 2019 6:00 PM
To: RTI Administration <[email address]>
Subject: Re: Right to Information request - Appointment details Mr Gary
John Finger
Dear Queensland Department of Justice and Attorney-General,
I refer to my recent FOI request 23 January 2019, as below and note that I
have not received any response.
"Can you please confirm the current appointment for Mr Gary John Finger,
of the Southport Courthouse.
The last public information I have been able to find Queensland Government
Gazette 79 states his appointment as a Judicial Registrar for the 17 April
2015 - 16 April 2017.
Is this still the current appointment?."
Yours faithfully,
Cherie
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[2][FOI #5227 email]
This request has been made by an individual using Right to Know. This
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Hi Cherie
We are unable to confirm this information as it is private information.
Regards
Andrea Thompson
Senior HR Consultant | HR Business Services
Human Resources
Department of Justice and Attorney-General
D (07) 300 69082
[email address]
Please consider the environment before printing this email
-----Original Message-----
From: RTI Administration
Sent: Wednesday, 23 January 2019 1:19 PM
To: HR <[email address]>
Subject: FW: Right to Information request - Appointment details Mr Gary John Finger
For your actioning.
Kind Regards
Emma
Emma Rickuss
Administration Officer
Governance Team
Right to Information and Privacy
Department of Justice and Attorney-General
---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3239 0756 (ext 90756)
F 07 3006 5929
E [email address]
GPO Box 149, Brisbane, QLD, 4001
-----Original Message-----
From: Sam [mailto:[FOI #5227 email]]
Sent: Wednesday, 23 January 2019 11:29 AM
To: RTI Administration <[email address]>
Subject: Right to Information request - Appointment details Mr Gary John Finger
Dear Queensland Department of Justice and Attorney-General,
Can you please confirm the current appointment for Mr Gary John Finger, of the Southport Courthouse.
The last public information I have been able to find Queensland Government Gazette 79 states his appointment as a Judicial Registrar for the 17 April 2015 - 16 April 2017.
Is this still the current appointment?
Yours faithfully,
Cherie
-------------------------------------------------------------------
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[FOI #5227 email]
Is [Queensland Department of Justice and Attorney-General request email] the wrong address for Right to Information requests to Queensland Department of Justice and Attorney-General? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
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Dear Queensland Department of Justice and Attorney-General,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Queensland Department of Justice and Attorney-General's handling of my FOI request 'Appointment details Mr Gary John Finger'.
My request for this information has been refused because 'its private'. I cannot see how the information requested could be considered to be private information.
The request pertains to a Public Official in a position of power in public office. The public is entitled to know the details of appointment of those persons whom are entrusted with the administration of justice.
It is in the public interest to have transparency and be kept informed about these matters so that there can be certainty that these positions are being filled by those who should rightfully be holding them.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
Sam
Good morning Sam
Thank you for your email and your request for internal review of your “FOI request”. Unfortunately, we are unable to accept your request for internal review as the Freedom of Information At 1982 (Cth) does not apply to the Department of Justice and Attorney-General (DJAG) Queensland, as we are a state government agency. The applicable legislation in Queensland is the Right to Information Act 2009 (the RTI Act). When making a request under the RTI Act, there are a number of requirements which need to be met. Under section 24 (2) of the RTI Act, the application must:
•be in the approved form;
•be accompanied by the application fee, under s 24(4) the fee cannot be waived; and
•state whether access to the document is sought for the benefit or use of the applicant, or another entity, and if so the name of the other entity.
Your initial email was treated as a general enquiry as there was no specific reference to legislation or an application in the approved form attached. We are unable to accept your request for internal review as no decision has been made under the RTI Act. I have attached a copy of the approved form to this email should you wish to make a request. Alternatively, you may also choose to make a request via on the online portal at https://www.smartservice.qld.gov.au/serv.... Our apologies that you were not provided with the correct information when you first enquired.
The most recent publically available information on Mr Gary John Finger’s appointment was published in the Queensland Government Gazette on Friday 22 June 2018 (https://publications.qld.gov.au/dataset/...). Mr Finger was appointed to act as a magistrate on and from 1 July 2018 to and including 30 June 2020. The information is located on page 409.
I hope this information is of assistance. Please let me know if you require further clarification or additional information.
Kind regards
Carly
Carly Oliver
A/g Principal Executive Officer
Governance
Right to Information and Privacy
Department of Justice and Attorney-General
---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3227 7618
E [email address]
-----Original Message-----
From: Sam [mailto:[FOI #5227 email]]
Sent: Friday, 8 February 2019 12:09 PM
To: RTI Administration <[email address]>
Subject: Internal review of Right to Information request - Appointment details Mr Gary John Finger
Dear Queensland Department of Justice and Attorney-General,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Queensland Department of Justice and Attorney-General's handling of my FOI request 'Appointment details Mr Gary John Finger'.
My request for this information has been refused because 'its private'. I cannot see how the information requested could be considered to be private information.
The request pertains to a Public Official in a position of power in public office. The public is entitled to know the details of appointment of those persons whom are entrusted with the administration of justice.
It is in the public interest to have transparency and be kept informed about these matters so that there can be certainty that these positions are being filled by those who should rightfully be holding them.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
Sam
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #5227 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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Please think about the environment before you print this message.
This email and any attachments may contain confidential, private or legally privileged information and may be protected by copyright. You may only use it if you are the person(s) it was intended to be sent to and if you use it in an authorised way. No one is allowed to use, review, alter, transmit, disclose, distribute, print or copy this email without appropriate authority.
If you are not the intended addressee and this message has been sent to you by mistake, please notify the sender immediately, destroy any hard copies of the email and delete it from your computer system network. Any legal privilege or confidentiality is not waived or destroyed by the mistake.
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****************************************************************
Dear Carly,
Thank you for your reply.
I have tried accessing the link provided in your email a number of times to date however, it does not work.
The error message received each time advises,'The page cannot be found You can: return to the home page and look for links to the information; use the search input in the top right hand corner to search across Queensland Government publication sets; or double check the address'.
Are you able to provide a copy of the document?
In relation to the Freedom of Information At 1982 (Cth), all Australian States and Territories are bound by it, even the Department of Justice and Attorney-General (DJAG) Queensland, further should there be any inconsistencies between the State and Cth legislation, the Cth legislation prevails.
Further, people who are employed by the Department of Justice and Attorney-General (DJAG) office in every State and Territory have a fiduciary duty to the public and community at large, to ensure the administration of justice does't become an 'abuse of process', by being impartial and transparent.
The Departments commitment to the timely release of the information I have requested should ultimately be the primary concern. Again, there is no reasonable reason as to why this information is being difficult to be received and/or deliberately with held.
Yours sincerely,
Sam
Good morning Sam
Can you please provide an alternative email address we can send you this
information to?
Kind Regards
Emma
Emma Rickuss
Administration Officer
Governance Team
Right to Information and Privacy
Department of Justice and Attorney-General
---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3239 0756 (ext 90756)
F 07 3006 5929
E [1][email address]
GPO Box 149, Brisbane, QLD, 4001
-----Original Message-----
From: Sam [mailto:[FOI #5227 email]]
Sent: Thursday, 21 March 2019 9:27 AM
To: RTI Administration <[email address]>
Subject: RE: Internal review of Right to Information request - Appointment
details Mr Gary John Finger
Dear Carly,
Thank you for your reply.
I have tried accessing the link provided in your email a number of times
to date however, it does not work.
The error message received each time advises,'The page cannot be found You
can: return to the home page and look for links to the information; use
the search input in the top right hand corner to search across Queensland
Government publication sets; or double check the address'.
Are you able to provide a copy of the document?
In relation to the Freedom of Information At 1982 (Cth), all Australian
States and Territories are bound by it, even the Department of Justice and
Attorney-General (DJAG) Queensland, further should there be any
inconsistencies between the State and Cth legislation, the Cth legislation
prevails.
Further, people who are employed by the Department of Justice and
Attorney-General (DJAG) office in every State and Territory have a
fiduciary duty to the public and community at large, to ensure the
administration of justice does't become an 'abuse of process', by being
impartial and transparent.
The Departments commitment to the timely release of the information I have
requested should ultimately be the primary concern. Again, there is no
reasonable reason as to why this information is being difficult to be
received and/or deliberately with held.
Yours sincerely,
Sam
-----Original Message-----
Good morning Sam
Thank you for your email and your request for internal review of your “FOI
request”. Unfortunately, we are unable to accept your request for internal
review as the Freedom of Information At 1982 (Cth) does not apply to the
Department of Justice and Attorney-General (DJAG) Queensland, as we are a
state government agency. The applicable legislation in Queensland is the
Right to Information Act 2009 (the RTI Act). When making a request under
the RTI Act, there are a number of requirements which need to be met.
Under section 24 (2) of the RTI Act, the application must:
•be in the approved form;
•be accompanied by the application fee, under s 24(4) the fee cannot be
waived; and •state whether access to the document is sought for the
benefit or use of the applicant, or another entity, and if so the name of
the other entity.
Your initial email was treated as a general enquiry as there was no
specific reference to legislation or an application in the approved form
attached. We are unable to accept your request for internal review as no
decision has been made under the RTI Act. I have attached a copy of the
approved form to this email should you wish to make a request.
Alternatively, you may also choose to make a request via on the online
portal at
[2]https://www.smartservice.qld.gov.au/serv....
Our apologies that you were not provided with the correct information when
you first enquired.
The most recent publically available information on Mr Gary John Finger’s
appointment was published in the Queensland Government Gazette on Friday
22 June 2018
([3]https://publications.qld.gov.au/dataset/...).
Mr Finger was appointed to act as a magistrate on and from 1 July 2018 to
and including 30 June 2020. The information is located on page 409.
I hope this information is of assistance. Please let me know if you
require further clarification or additional information.
Kind regards
Carly
Carly Oliver
A/g Principal Executive Officer
Governance
Right to Information and Privacy
Department of Justice and Attorney-General
---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3227 7618
E [email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #5227 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[5]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
****************************************************************
Please think about the environment before you print this message.
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legally privileged information and may be protected by copyright. You may
only use it if you are the person(s) it was intended to be sent to and if
you use it in an authorised way. No one is allowed to use, review, alter,
transmit, disclose, distribute, print or copy this email without
appropriate authority.
If you are not the intended addressee and this message has been sent to
you by mistake, please notify the sender immediately, destroy any hard
copies of the email and delete it from your computer system network. Any
legal privilege or confidentiality is not waived or destroyed by the
mistake.
It is your responsibility to ensure that this email does not contain and
is not affected by computer viruses, defects or interferences by third
parties or replication problems.
****************************************************************
References
Visible links
1. mailto:[email address]
2. https://www.smartservice.qld.gov.au/serv...
3. https://publications.qld.gov.au/dataset/...
4. mailto:[FOI #5227 email]
5. https://www.righttoknow.org.au/help/offi...
Dear Queensland Department of Justice and Attorney-General,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Queensland Department of Justice and Attorney-General's handling of my FOI request 'Appointment details Mr Gary John Finger'.
I am still waiting for the delegation information requested. Can this be reviewed please.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
Sam
Locutus Sum left an annotation ()
It is confusing to know what the applicant wants to be reviewed. Only a decision can be reviewed, not anything else, and more, it is only a "reviewable decision" defined in Schedule 5 of the Right to Information Act 2009 that can be reviewed not any other decision. The applicant says "I am still waiting for the delegation information requested. Can this be reviewed please", but "I am waiting" is not a decision. There are two more problems. The original email from the applicant, and we know it was not a valid Right to Information application, did not ask anything about "delegation". It said "Can you please confirm the current appointment for Mr Gary John Finger, of the Southport Courthouse." That information is already available to the applicant at: https://publications.qld.gov.au/dataset/...
Maybe the applicant has used ordinary post also with the Right to Know page to make a formal application under the Act and maybe in the formal application she asked for "delegation" information. It is not possible to know from the information on this application page. However, if there is no application other than what is on this web-page then it does not seem that there is a reviewable decision.
Good afternoon Sam
Thank you for your email received by Right to Information and Privacy,
Department of Justice and Attorney-General on 1 May 2019 in relation to
the appointment details of Mr Gary John Finger.
On 1 April 2019, Ms Emma Rickuss of this office advised that the most
recent publically available information on Mr Gary John Finger’s
appointment was published in the Queensland Government Gazette on Friday,
22 June 2018
([1]https://publications.qld.gov.au/dataset/...).
Mr Finger was appointed to act as a magistrate on and from 1 July 2018 to
and including 30 June 2020. This information is located on page 409.
For your convenience I have attached a copy of the Queensland Government
Gazette Vol 378, published Friday, 22 June 2018 (No. 42) in relation to Mr
Gary Finger’s appointment to act as a magistrate on and from 1 July 2018
to and including 30 June 2020.
I trust this will assist you with your enquiries.
Kind Regards
Belinda Zieth
Principal Executive Officer
Governance Team
Right to Information and Privacy
Department of Justice and Attorney-General
---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3738 9892 (ext 99892)
F 07 3006 5929
E [2][email address]
GPO Box 149, Brisbane, QLD, 4001
[3]paw-2019-email-signature-block-option2-623-182
-----Original Message-----
From: Sam [[4]mailto:[FOI #5227 email]]
Sent: Wednesday, 1 May 2019 4:01 PM
To: RTI Administration <[5][email address]>
Subject: Internal review of Right to Information request - Appointment
details Mr Gary John Finger
Dear Queensland Department of Justice and Attorney-General,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of Queensland Department of
Justice and Attorney-General's handling of my FOI request 'Appointment
details Mr Gary John Finger'.
I am still waiting for the delegation information requested. Can this be
reviewed please.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[6]https://www.righttoknow.org.au/request/a...
Yours faithfully,
Sam
****************************************************************
Please think about the environment before you print this message.
This email and any attachments may contain confidential, private or
legally privileged information and may be protected by copyright. You may
only use it if you are the person(s) it was intended to be sent to and if
you use it in an authorised way. No one is allowed to use, review, alter,
transmit, disclose, distribute, print or copy this email without
appropriate authority.
If you are not the intended addressee and this message has been sent to
you by mistake, please notify the sender immediately, destroy any hard
copies of the email and delete it from your computer system network. Any
legal privilege or confidentiality is not waived or destroyed by the
mistake.
It is your responsibility to ensure that this email does not contain and
is not affected by computer viruses, defects or interferences by third
parties or replication problems.
****************************************************************
References
Visible links
1. https://publications.qld.gov.au/dataset/...
2. mailto:[email address]
4. mailto:[FOI #5227 email]
5. mailto:[email address]
6. https://www.righttoknow.org.au/request/a...
Locutus Sum left an annotation ()
It is true that the link provided by the officer is broken. It is also true that it is very very easy to use a search engine to look at the Queensland Government Gazette that is mentioned. I searched with DuckDuckGo.com for "Queensland Government Gazette 22 June 2018" exactly as the officer says in her email.
I went to
https://publications.qld.gov.au/group/ga...
and then to the list of gazettes for June 2018 at
https://publications.qld.gov.au/dataset/...
and then I downloaded the copy of the gazette for 22 June 2018 and it is exactly as the officer says. "The most recent publically available information on Mr Gary John Finger’s appointment was published in the Queensland Government Gazette on Friday 22 June 2018 ... Mr Finger was appointed to act as a magistrate on and from 1 July 2018 to and including 30 June 2020. The information is located on page 409."
So, (1) the request was invalid because it did not comply with the demands of the Right to Information Act (2) Although the request was invalid the officer tried to supply the information and explained what Gazette had the information (3) Although the link given by the officer was broken, the information was easy to find and was in the gazette that the officer explained, (4) the gazette shows exactly the information given by the officer about Mr Finger.
Conclusion: The applicant did not comply with the law but even so, the officer has provided the wanted information.