ATO Decision on Banning FOI requests via Right to Know Site
Dear FOI Section - Attorney-General's Department
I would like to make a freedom of information request under the FOI Act in the following terms:
- All documents including correspondence (electronic and print) and briefings in 2016 relating to the ATO’s decision to ban Freedom of Information requests via the Right to Know site (run by the Open Australia Foundation). The scope of this request includes all documents, briefings, emails and correspondence with internal and external stakeholders including the relevant Ministers and any guidance given to the ATO (or Minister) by the Attorney-General or his department as the portfolio responsible for FOI policy.
Thanks in advance for your assistance with this request. Please feel free to contact me if you have any queries or require clarification.
Yours faithfully,
Evelyn Doyle
UNCLASSIFIED
FOI16/122; 16/9612
7 September 2016
Ms Evelyn Doyle
By email: [1][email address].
Dear Ms Doyle
Freedom of Information Request FOI16/122
I refer to your request under the Freedom of Information Act 1982 (FOI
Act) for access to documents relating to the ATO’s decision to ban FOI
requests from the Right to Know Site. I have taken your request to be for:
‘All documents including correspondence (electronic and print) and
briefings in 2016 relating to the ATO’s decision to ban Freedom of
Information requests via the Right to Know site (run by the Open Australia
Foundation). The scope of this request includes all documents, briefings,
emails and correspondence with internal and external stakeholders
including the relevant Ministers and any guidance given to the ATO (or
Minister) by the Attorney-General or his department as the portfolio
responsible for FOI policy.’
If you disagree with this interpretation of your request, please let me
know as soon as possible.
We received your request on 31 August 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 28 September 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
[2]http://www.ag.gov.au/RightsAndProtection...,
subject to certain exceptions. (For example, personal information will not
be published where this would be unreasonable.)
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 [3][AGD request email].
Yours sincerely
FOI Officer
UNCLASSIFIED
Dear Ms Evelyn Doyle,
Please find attached the signed decision letter regarding your Freedom of
Information request FOI 16/122.
Yours sincerely,
Monique
Legal Officer
Freedom of Information and Privacy Section | Strategy and Delivery
Division
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [1][AGD request email]
[2]2586 Indigenous signature block NEW
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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1. file:///tmp/[AGD request email]
Evelyn Doyle left an annotation ()
So it appears that the ATO did not seek advice from the Attorney-General or AGD in making their decision to refuse requests that come via the Right to Know site.