Briefing Books from Senate Estimates Appearances
Dear Office of the Australian Information Commissioner,
The OAIC has appeared (via videolink or in person) before the Legal and Constitutional Affairs Legislative Committee (Senate Estimates) on 15 February 2022 (Angelene Falk, Elizabeth Hampton, Melanie Drayton) and 26 October 2021 (Angelene Falk, Elizabeth Hampton, Bruce Cooper).
As part of the appearance of the above named OAIC officials, to enable these above named OAIC officials to address any issues or questions Committee members might raise, the OAIC prepares a 'briefing book' or 'briefing folder' for each official appearing, that typically consists of a 'corporate folder', a 'privacy folder', an 'FOI folder', and other folders that contain 'Commissioner Briefs', 'Hot Topic Briefs', and other documents.
Excluding drafts and duplicates, I seek copy of such briefing folders or briefing books consisting of such documents provided by the OAIC to the above named OAIC officials for their appearances before the Committee on the dates specified.
Personal information of private individuals (not Commonwealth officials) is irrelevant.
Yours faithfully,
Julie
Our reference: FOIREQ22/00048
Dear Julie
Freedom of Information request
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (the FOI Act) and received by the Office of the
Australian Information Commissioner (OAIC) on 24 February 2022.
Scope of your request
In your email you seek access to the following:
“Dear Office of the Australian Information Commissioner,
The OAIC has appeared (via videolink or in person) before the Legal and
Constitutional Affairs Legislative Committee (Senate Estimates) on 15
February 2022 (Angelene Falk, Elizabeth Hampton, Melanie Drayton) and 26
October 2021 (Angelene Falk, Elizabeth Hampton, Bruce Cooper).
As part of the appearance of the above named OAIC officials, to enable
these above named OAIC officials to address any issues or questions
Committee members might raise, the OAIC prepares a 'briefing book' or
'briefing folder' for each official appearing, that typically consists of
a 'corporate folder', a 'privacy folder', an 'FOI folder', and other
folders that contain 'Commissioner Briefs', 'Hot Topic Briefs', and other
documents.
Excluding drafts and duplicates, I seek copy of such briefing folders or
briefing books consisting of such documents provided by the OAIC to the
above named OAIC officials for their appearances before the Committee on
the dates specified.
Personal information of private individuals (not Commonwealth officials)
is irrelevant.”
In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.
We will not identify you as the FOI applicant during any consultation
process. However, documents that are within the scope of your request that
we may need to consult third parties about may contain your personal
information.
Timeframes for dealing with your request
Section 15 of the FOI Act requires this office to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.
As we received your request on 24 February 2022, we must process your
request by 28 March 2022.
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.
If you would like to discuss this matter please contact me on my contact
details set out below.
Regards
[1][IMG] Elena Elagina | Lawyer
Legal Services
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
[3]1300 363 992| [4][email address]
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[1][FOI #8508 email]
FOIREQ22/00048
Dear Julie
Please find attached our correspondence regarding your request in the
above matter.
Kind regards
Emma.
[2]O A I C logo Emma Liddle | Director, Legal
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
oaic.gov.au
+61 2 9284 9717 | +61 438 646
140 |
[3][email address]
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Hi Emily,
In your response, stopping processing of this FOI you state:
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to freedom of information requests.
I am writing to tell you that I believe that the work involved in processing your request in its current form will substantially and unreasonably divert the resources of the OAIC from its other operations due to its size and scope.
On this basis, I intend to refuse access to the documents you have requested. However, before I make a final decision to do this, you have an opportunity to revise your request. This is called a ‘request consultation process’ as set out under s 24AB of the FOI Act.
Why I intend to refuse your request - Calculation of the processing time
I estimate it will take the OAIC at least 150 hours to process your FOI request in its current form.
There are approximately 100 documents that were prepared for the Australian Information Commissioner's appearances before Senate Estimates on 26 October 2021 and 15 February 2022.
The documents are complex and are resourced from various sections of the OAIC. The approximately 100 documents comprise approximately 1,500 pages.
Of those 1,500 pages, a small portion of the documents pertaining to the OAIC’s FOI functions are published on the OAIC’s website disclosure log in 3 previous FOI requests received by the OAIC in 2020.
To calculate the processing time, I have taken the following factors into account:
• I estimate it will take one hour per 20 documents to prepare a document schedule listing the document number, date, number of pages and a description of each document. I therefore estimate it will take approximately 5 hours to prepare a schedule for 100 documents.
• Based on a sample of 10 documents (184 pages) and the complex nature of each document, I estimate it will take 2 minutes to examine each page to assess whether it can be released or whether it will be subject to an exemption (either in full or in part), and approximately 3 minutes to prepare an edited copy of the documents, including the redaction of exempt material. On the basis that there will be at least 1,500 pages within the scope of the request this task will take at least 150 hours.
• The documents contain a mix of complex and sensitive information obtained from various line areas which may require consultation with OAIC internal staff with subject matter expertise. Courtesy consultation with other Government agencies may also be required.
• To update the schedule to record the FOI decision and write a decision statement for the FOI applicant will take approximately 2 hours.
I have therefore calculated it will take at least 157 hours to process your FOI request.
Since you have stopped the processing clock, can you explain to me why:
* When you have sent a document listing of every document in scope (and some that aren't) along with your practical refusal intention notification, listing 80 documents by name for the February 2022 senate estimates appearance and 80 documents by name for the October 2021 senate estimates appearance (some of which are published publicly available documents such as Parliamentary Bills and Hansard Transcripts, to which no redaction consideration is possible, and because they are publicly available documents not in scope), some of which are duplicates between the two senate estimates appearances, you claim that adding the number of pages to these listings already made, and the date of the document, would take the OAIC more than 5 hours to do.
These documents were prepared electronically, and have been stored electronically, so it appears this task would have taken much less time than you have already taken to list the names of these documents and number them. A sample of the Commissioner briefs previously released in FOIREQ18/00211 (https://www.righttoknow.org.au/request/e...), FOIREQ20/00187 (https://www.righttoknow.org.au/request/2...), and FOIREQ20/00213 (https://www.righttoknow.org.au/request/c...) indicates that to identify the number of pages and date of the document takes no longer than a minute per document. Similarly a request for exactly this type of schedule (https://www.righttoknow.org.au/request/6...), along with the first page of every Comm Brief, for every senate estimates Comm Brief created between 1 July 2020 and 2 November 2020, which captured 52 documents, and provide detailed description of the purpose of each document was calculated to be able to be produced well under your estimate of 'an hour per 20 documents' to produce.
There is also a concern, given the exact identical claim of 'one hour per 20 documents' to create such a document schedule was made by the OAIC on 18 January 2019 (https://www.righttoknow.org.au/request/5...) and 15 October 2020 (https://www.righttoknow.org.au/request/6...) in respect of an entirely different time periods that suggests *this* was FOI was not scoped by you at all, but instead received a cut and paste response from previous practical refusal decisions unrelated to this FOI as an artificial barrier to access contrary to the objectives of the FOI Act.
Can you confirm that you have independently calculated the figures you have quoted, and not simply cut and paste them from past practical refusal notices, given their identical claims.
I would not have expected such dishonesty and unethical conduct from the FOI regulator - the OAIC is well aware it must perform and exercise its functions and powers under the FOI Act, as far as possible, to facilitate and promote public access to information, promptly and at the lowest reasonable cost.
This practical refusal intention does not met that standard and is highly misleading.
Ciao,
Julie
Good afternoon Julie,
I can confirm that I have independently calculated the figures quoted in my section 24AB notice sent on 17 March 2022.
I note that the request consultation period is still open as you are still to do one of the following, in writing:
* withdraw your request
* make a revised request
* tell us that you do not wish to revise your request.
I also note, that the section 24AB notice set out a number of ways in which your request could be amended that would allow your request to be processed. If you require further assistance, please let me know.
Regards,
Emily
Emily Elliott | Senior Lawyer
Legal Services
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | oaic.gov.au
+61 2 9284 9852| [email address]
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-----Original Message-----
From: Julie <[FOI #8508 email]>
Sent: Friday, 18 March 2022 3:55 PM
To: Legal <[email address]>
Subject: Re: FOIREQ22/00048 s 24AB Consultation Notice [SEC=OFFICIAL]
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognise the sender and know the content is safe.
Hi Emily,
In your response, stopping processing of this FOI you state:
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to freedom of information requests.
I am writing to tell you that I believe that the work involved in processing your request in its current form will substantially and unreasonably divert the resources of the OAIC from its other operations due to its size and scope.
On this basis, I intend to refuse access to the documents you have requested. However, before I make a final decision to do this, you have an opportunity to revise your request. This is called a 'request consultation process' as set out under s 24AB of the FOI Act.
Why I intend to refuse your request - Calculation of the processing time
I estimate it will take the OAIC at least 150 hours to process your FOI request in its current form.
There are approximately 100 documents that were prepared for the Australian Information Commissioner's appearances before Senate Estimates on 26 October 2021 and 15 February 2022.
The documents are complex and are resourced from various sections of the OAIC. The approximately 100 documents comprise approximately 1,500 pages.
Of those 1,500 pages, a small portion of the documents pertaining to the OAIC's FOI functions are published on the OAIC's website disclosure log in 3 previous FOI requests received by the OAIC in 2020.
To calculate the processing time, I have taken the following factors into account:
* I estimate it will take one hour per 20 documents to prepare a document schedule listing the document number, date, number of pages and a description of each document. I therefore estimate it will take approximately 5 hours to prepare a schedule for 100 documents.
* Based on a sample of 10 documents (184 pages) and the complex nature of each document, I estimate it will take 2 minutes to examine each page to assess whether it can be released or whether it will be subject to an exemption (either in full or in part), and approximately 3 minutes to prepare an edited copy of the documents, including the redaction of exempt material. On the basis that there will be at least 1,500 pages within the scope of the request this task will take at least 150 hours.
* The documents contain a mix of complex and sensitive information obtained from various line areas which may require consultation with OAIC internal staff with subject matter expertise. Courtesy consultation with other Government agencies may also be required.
* To update the schedule to record the FOI decision and write a decision statement for the FOI applicant will take approximately 2 hours.
I have therefore calculated it will take at least 157 hours to process your FOI request.
Since you have stopped the processing clock, can you explain to me why:
* When you have sent a document listing of every document in scope (and some that aren't) along with your practical refusal intention notification, listing 80 documents by name for the February 2022 senate estimates appearance and 80 documents by name for the October 2021 senate estimates appearance (some of which are published publicly available documents such as Parliamentary Bills and Hansard Transcripts, to which no redaction consideration is possible, and because they are publicly available documents not in scope), some of which are duplicates between the two senate estimates appearances, you claim that adding the number of pages to these listings already made, and the date of the document, would take the OAIC more than 5 hours to do.
These documents were prepared electronically, and have been stored electronically, so it appears this task would have taken much less time than you have already taken to list the names of these documents and number them. A sample of the Commissioner briefs previously released in FOIREQ18/00211 (https://aus01.safelinks.protection.outlo...), FOIREQ20/00187 (https://aus01.safelinks.protection.outlo...), and FOIREQ20/00213 (https://aus01.safelinks.protection.outlo...) indicates that to identify the number of pages and date of the document takes no longer than a minute per document. Similarly a request for exactly this type of schedule (https://aus01.safelinks.protection.outlo...), along with the first page of every Comm Brief, for every senate estimates Comm Brief created between 1 July 2020 and 2 November 2020, which captured 52 documents, and provide detailed description of the purpose of each document was calculated to be able to be produced well under your estimate of 'an hour per 20 documents' to produce.
There is also a concern, given the exact identical claim of 'one hour per 20 documents' to create such a document schedule was made by the OAIC on 18 January 2019 (https://aus01.safelinks.protection.outlo...) and 15 October 2020 (https://aus01.safelinks.protection.outlo...) in respect of an entirely different time periods that suggests *this* was FOI was not scoped by you at all, but instead received a cut and paste response from previous practical refusal decisions unrelated to this FOI as an artificial barrier to access contrary to the objectives of the FOI Act.
Can you confirm that you have independently calculated the figures you have quoted, and not simply cut and paste them from past practical refusal notices, given their identical claims.
I would not have expected such dishonesty and unethical conduct from the FOI regulator - the OAIC is well aware it must perform and exercise its functions and powers under the FOI Act, as far as possible, to facilitate and promote public access to information, promptly and at the lowest reasonable cost.
This practical refusal intention does not met that standard and is highly misleading.
Ciao,
Julie
-----Original Message-----
[1][FOI #8508 email]
FOIREQ22/00048
Dear Julie
Please find attached our correspondence regarding your request in the
above matter.
Kind regards
Emma.
[2]O A I C logo Emma Liddle | Director, Legal
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
oaic.gov.au
+61 2 9284 9717 | +61 438 646
140 |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter | icon Information
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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:
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Please note that in some cases publication of requests and responses will be delayed.
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 Emily,
Based on those figures being word for word identical to prior practical refusal notifications for documents of different time periods, it is apparent on the evidence before me that those figures have not been independently calculated for this FOI and that you have knowingly inflated and distorted this figures on a false estimate.
I make a formal service complaint about your conduct with respect to your handling of this matter.
In the interim, in the interests of removing your obvious gaming of these provisions of the FOI Act that are actions taken by you contrary to the objects of the Act, I revise my FOI request as follows to remove your avenues of unethical gaming:
I request that the already provided documents of the OAIC, created under s 17 of the FOI Act, named 'Senate Estimates February 2022 Index' and 'Senate Estimates October 2021 Index' are updated to have the number of pages and date of each document added. Such a document was previously able to be produced using computers ordinarily available to the OAIC in FOIREQ20/00213 with even more fields than requested here (https://www.righttoknow.org.au/request/6...)
I also seek the first page of each Comm Brief as listed:
* Feb 2022 - Corporate: Docs 1, 3-11; Privacy: Docs 1-20; FOI: All docs except 17; Folder B: Docs 5-22
* Oct 2021 - Corporate: Docs 1, 3-11; Privacy: Docs 1-20; FOI: All docs except 17; Folder B: Docs 5-22
That means only 20 pages of Corporate, 40 pages of Privacy, 34 pages of FOI, and 36 pages of Folder B (130 pages) need to be considered, and that number of pages and date of document need to be added to already existing s 17 documents.
A greater amount of work on SE Comm Briefs was previously found under 5 hours in FOIREQ20/00213 and therefore your grossly exaggerated calculations are just that, especially as some exempt in full claims are likely based on past decisions of yours.
Having revised my scope the request consultation period has now ended and the processing clock restarts.
It is disappointing that an employee of a regulator had acted in such unethical misrepresentation and outright lying, even in the face of evidence of your cut and paste 'calculation'.
Ciao,
Julie
[FOI #8508 email]
Dear Julie
Thank you for email of 22 March 2022. I acknowledge receipt of your email which as Director, Legal, I have assessed as a service complaint about the staff member responsible for processing your Freedom of Information (FOI) request FOIREQ22/00048.
Complaints about OAIC staff are processed in accordance with our complaints policy - External complaints about OAIC employees or contractors. Your complaint has been sent via email to the Right to Know website. Right to Know is a platform that can be used to request specific information or documents under the Freedom of Information Act. The website is not for general correspondence with agencies, including complaints about OAIC staff. In order to progress your service complaint, please send your complaint to [email address] using an alternative email address or contact details. Please be advised that if you provide your contact details by replying to this email, they will be publicly available on the Right to Know website.
The OAIC will continue to process your FOI request FOIREQ22/00048.
Kind regards
Emma Liddle | Director, Legal
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | oaic.gov.au
+61 2 9284 9717 | [email address]
-----Original Message-----
From: Julie <[FOI #8508 email]>
Sent: Tuesday, 22 March 2022 3:28 PM
To: Legal <[email address]>
Subject: RE: FOIREQ22/00048 s 24AB Consultation Notice [SEC=OFFICIAL]
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognise the sender and know the content is safe.
Dear Emily,
Based on those figures being word for word identical to prior practical refusal notifications for documents of different time periods, it is apparent on the evidence before me that those figures have not been independently calculated for this FOI and that you have knowingly inflated and distorted this figures on a false estimate.
I make a formal service complaint about your conduct with respect to your handling of this matter.
In the interim, in the interests of removing your obvious gaming of these provisions of the FOI Act that are actions taken by you contrary to the objects of the Act, I revise my FOI request as follows to remove your avenues of unethical gaming:
I request that the already provided documents of the OAIC, created under s 17 of the FOI Act, named 'Senate Estimates February 2022 Index' and 'Senate Estimates October 2021 Index' are updated to have the number of pages and date of each document added. Such a document was previously able to be produced using computers ordinarily available to the OAIC in FOIREQ20/00213 with even more fields than requested here (https://aus01.safelinks.protection.outlo...)
I also seek the first page of each Comm Brief as listed:
* Feb 2022 - Corporate: Docs 1, 3-11; Privacy: Docs 1-20; FOI: All docs except 17; Folder B: Docs 5-22
* Oct 2021 - Corporate: Docs 1, 3-11; Privacy: Docs 1-20; FOI: All docs except 17; Folder B: Docs 5-22
That means only 20 pages of Corporate, 40 pages of Privacy, 34 pages of FOI, and 36 pages of Folder B (130 pages) need to be considered, and that number of pages and date of document need to be added to already existing s 17 documents.
A greater amount of work on SE Comm Briefs was previously found under 5 hours in FOIREQ20/00213 and therefore your grossly exaggerated calculations are just that, especially as some exempt in full claims are likely based on past decisions of yours.
Having revised my scope the request consultation period has now ended and the processing clock restarts.
It is disappointing that an employee of a regulator had acted in such unethical misrepresentation and outright lying, even in the face of evidence of your cut and paste 'calculation'.
Ciao,
Julie
-----Original Message-----
Good afternoon Julie,
I can confirm that I have independently calculated the figures quoted in my section 24AB notice sent on 17 March 2022.
I note that the request consultation period is still open as you are still to do one of the following, in writing:
* withdraw your request
* make a revised request
* tell us that you do not wish to revise your request.
I also note, that the section 24AB notice set out a number of ways in which your request could be amended that would allow your request to be processed. If you require further assistance, please let me know.
Regards,
Emily
Emily Elliott | Senior Lawyer
Legal Services
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | oaic.gov.au
+61 2 9284 9852| [email address]
|
|
|
Subscribe to Information Matters
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8508 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://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will be delayed.
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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Good afternoon Julie,
Please find attached decision and documents in relation to your FOI
request (FOIREQ22/00048).
I have sent the documents in two parts due to size. This is email 1 of 2.
[1]O A I C logo Emily Elliott | Senior Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9284 9852|
[3][email address]
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Good afternoon Julie,
This is email 2 of 2.
[1]O A I C logo Emily Elliott | Senior Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9284 9852|
[3][email address]
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OAIC reference: FOIREQ22/00096
Dear Julie
I refer to your email of 10 April 2022.
I acknowledge receipt of your application for internal review of the
OAIC’s FOI decision of 1 April 2022.
Section 54C of the Freedom of Information Act 1982 (Cth) requires this
office to make a fresh decision within 30 days after the day we received
your application.
Because we received your application on 10 April 2022, we must make a
fresh decision by 10 May 2022.
Your application will be allocated to a review officer with no previous
involvement with the earlier decision.
If you have any questions, please contact [1][email address]
Kind regards
Margaret
[2]O A I C logo Margaret Sui | Senior Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[3]oaic.gov.au
+61 2 9284 9879 |
[4][email address]
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OAIC ref: FOIREQ22/00096
Dear Julie
I refer to your internal review application lodged on 10 April 2022 with
the OAIC pursuant to the Freedom of Information Act 1982 (Cth), seeking a
review of an FOI decision made by the OAIC on 1 April 2022.
Please find attached the following:
1. Internal review decision of today’s date
2. Schedule of documents
3. Redacted documents for release, and
4. The corrected s 17 document referred to in the internal review
decision.
Kind regards
Margaret
[1]O A I C logo Margaret Sui | Senior Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9284 9879 |
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