ARPANSA Self-Assessment Report for IRRS
Dear Australian Radiation Protection and Nuclear Safety Agency,
The CEO of ARPANSA requested an Integrated Regulatory Review Service [IRRS] mission from the International Atomic Energy Agency [IAEA]. This mission aims to review the effectiveness of regulatory infrastructure for nuclear and radiation safety. In preparation for this mission, which will take place in November 2018, ARPANSA was required to conduct a self-assessment and report its results to the IAEA.
I seek access to information under the Freedom of Information Act 1982 [FOI Act] regarding ARPANSA's Advance Reference Material [ARM] and preparatory report to the IAEA. I request access to the self-assessment that ARPANSA sent to the IAEA earlier this year.
To be clear, my request is for ARPANSA's written response to the IRRS self-assessment questionnaire for the applicable modules and the analysis and results of the self-assessment.
I understand that some information may be excluded. The IAEA states that "information that must remain confidential should be clearly indicated" in the ARM. I therefore expect that any sensitive information, which is already clearly identified, would be redacted.
My request is not intended to be onerous or difficult. The requested report already exists.
I note that the IAEA encourages transparency and openness in communicating with stakeholders.
Yours faithfully,
Anonymous
Dear Anonymous
I refer to your request for access to documents under the Freedom of Information Act 1982 sent on 25 October 2018. I have taken your request to be for:
ARPANSA's written response to the IRRS self-assessment questionnaire for the applicable modules and the analysis and results of the self-assessment
Your request was received on 25 October 2018 and the 30 day statutory period for processing your request commenced from the day after that date.
As your request covers documents which concern relations between the Commonwealth and the State and Territory Governments, ARPANSA is required to consult with the State and Territory Governments (under section 26A of the FOI Act) before making a decision on the release of the documents requested.
For this reason, the period for processing your request has been extended by 30 days in order to allow ARPANSA to consult with the State and Territory Governments (section 15(6) of the FOI Act).
The processing period for your request will now end on 24 December 2018.
Kind regards
Gemma Larkins
Legal Officer
Office of the General Counsel
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 FOI,
Thank you for your acknowledgement. I understand that, in some circumstances, an agency may need to consult a third party when documents affect Commonwealth-State relations. However my request was limited to ARPANSA and did not include documents about the states or territories.
I gather that ARPANSA provided the IAEA information on behalf of the states and territories. If this is the case, or if some portions of the documents address states and territories, then I request that these portions simply be redacted. There is no reason to delay for consultation because I have no interest in obtaining information about the states or territories.
Your proposal to consult indicates to me that you have identified the basis for your assertion that disclosure would affect relations between the Commonwealth and the State and Territory Governments. I ask that you simply redact that which form the rational basis for this assertion.
The course of action that you proposed is unnecessary and dilatory. To be clear, my request is for ARPANSA's written response to the IRRS self-assessment questionnaire for the applicable modules and the analysis and results of the self-assessment. I request that any portions that address states or territories be redacted. I feel it's inappropriate to delay or deny me access under FoI based on information that was not requested.
Yours sincerely,
Anonymous
Dear $ARPANSA FOI,
Would you please acknowledge my clarification of 5 November?
I clarified my request such that consultation and delay is unnecessary. My request is for ARPANSA's written response to the IRRS self-assessment questionnaire and the analysis and results of the self-assessment. I'm not interested in any information about non-Commonwealth regulation, so please redact any portions that address states or territories..
Yours sincerely,
Anonymous
Dear Sun Shine
I acknowledge receipt of your email on 5 November 2018.
I will be consulting with the states and territories on the basis they are participants in the IRRS mission. I will also be consulting with the International Atomic Energy Agency.
Kind regards
Gemma Larkins
Legal Officer
Office of the General Counsel
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 FOI,
The IRRS mission is now complete and a draft report has been written. The IAEA website states "The final mission report will be provided to the Government of Australia in about three months. The Government of Australia plans to make the report public".
Although it is international practice to make the IRRS mission report public, I understand the CEO of ARPANSA does not intend to do so. I understand that ARPANSA will publish the report only if and when consultation is complete and all states/territories have agreed to the wording. Can you please confirm this?
In addition, could you please explain the basis for not releasing the self-assessment report, which was provided to the IAEA prior to the mission?
Yours sincerely,
Anonymous
Dear Sun Shine
I confirm that the final IRRS report will be published on ARPANSA’s website in early 2019.
Please see the link to the information on ARPANSA's website. https://www.arpansa.gov.au/news/openness...
You have sought access to the self-assessment report. I am still consulting in relation to the release of this report.
Kind regards
Gemma Larkins
Legal Officer
Office of the General Counsel
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 Sun Shine
I refer to your request under the FOI Act for "ARPANSA's written response to the IRRS self-assessment questionnaire for the applicable modules and the analysis and results of the self-assessment."
There are 13 modules with a substantial amount of attachments and documents. This material was used to prepare an Advanced Reference Material Summary report (in excess of 200 pages).
To avoid any charges under the FOI Act please advise whether you agree to limit your request to the Advanced Reference Material Summary Report.
Kind regards
Gemma Larkins
Legal Officer
Office of the General Counsel
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 Sun Shine
Please see attached correspondence regarding your FOI request to ARPANSA.
Kind regards
[1]cid:image001.jpg@01D446AF.83C3DEE0 Irene Nicolaou | Assistant Director
Freedom of information
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | [2]oaic.gov.au
+61 2 9284 9749 | [3][email address]
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Dear Sunshine
Please find attached charges notice under the Freedom of Information Act.
Kind regards
Gemma Larkins
Legal Officer
Office of the General Counsel
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 FOI,
Thank you. Yes, I agree that the ARM Summary Report is what I requested originally.
Yours sincerely,
Anonymous
Dear $ARPANSA FOI,
I confirm again that the only document I'm seeking access to is the IRRS Advanced Reference Material Summary Report.
Yours sincerely,
Anonymous
Dear Irene Nicolaou,
Thank you for your previous response (RQ18/03805}.
I've clarified my request to ARPANSA twice in the past month. I stated that the ARM Summary Report is sufficient to meet the intent of my request. This summary report was prepared last year and no work is necessary on ARPANSA's part to release it.
I also call your attention to the ARPANSA FOI log, which is neglected and out-of-date. All Australian Government agencies are required to publish a list of documents obtained under Freedom of Information (FOI), within 10 working days of the applicant receiving the documents.
In the spirit of promoting greater openness in government, ARPANSA is required to maintain a list of documents disclosed under the FOI Act. The log is supposed to allow members of the public and the media to quickly obtain access to material which has already been disclosed under the FOI Act.
Thanks in advance for your assistance.
Yours sincerely,
Sun Shine
Dear Sun Shine
Thank you for your email.
Ms Nicolaou has asked me to contact you in relation to your concerns.
I have spoken to the agency in relation to your FOI request, and they
confirm that they are continuing to process your request following your
response to the charges notice issued 10 January 2019. The agency confirms
they will write to you shortly about your request.
You also raise concerns in relation to the agency's disclosure log. I note
that the OAIC can investigate complaints about how agencies complied with
obligations under the FOI Act. Further information about [1]FOI complaints
is available online.
Kind regards
Carl English | Assistant Review Officer
Freedom of Information Dispute Resolution
[2][IMG][3][IMG] Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | [4]oaic.gov.au
+61 2 9284 9745 | [5][email address]
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Dear Sun Shine
Thanks for the clarifying the scope.
I am currently working on your FOI request.
Kind regards
Gemma Larkins
Legal Officer
Office of the General Counsel
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 FOI,
Thank you. I look forward to reading the ARM Summary Report.
I call your attention to the ARPANSA FOI disclosure log on your website. It appears to be out-of-date. All Australian Government agencies are required to publish a list of documents obtained under Freedom of Information (FOI), within 10 working days of the applicant receiving the documents.
In the spirit of promoting greater openness in government, ARPANSA is required to maintain a list of documents disclosed under the FOI Act. The log allows members of the public and the media to quickly obtain access to material which has already been disclosed under the FOI Act. I note that no FOI documents have been posted in your log since 2014.
I request ARPANSA update its FOI log without delay.
Yours sincerely,
Anonymous
Dear Sun Shine
I am sending this email in 2 parts because the email I sent yesterday was
rejected.
Kind regards
Gemma Larkins
Legal Officer
Office of the General Counsel
[1]FB[2]TW[3]yT
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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.
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Dear Sun Shine
This part 2 of 2 of the decision in relation to your freedom of
information request for the IRRS Advanced Reference Material report.
Kind regards
Gemma Larkins
Legal Officer
Office of the General Counsel
[1]FB[2]TW[3]yT
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.
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