OFFICIAL

Reference FOI/2024/301

Dear Mr Dang

Thank you for your email to the Department of the Prime Minister and
Cabinet dated 5 September 2024, in which you made a request under the
Freedom of Information Act 1982 (FOI Act) in the following terms:

Under the FOI law, I would like to know who arranged the compensation
agreement for Brittany Higgins and requested a full written agreement. If
it is the confidentiality clause, please provide detailed reasons.

Notification of transfer of FOI request

The FOI Act provides a mechanism to transfer a request to another agency
where the subject-matter of the request is more closely connected with the
functions of that agency than with those of the agency to which the
request is made (section 16(1)(b) of the FOI Act). This ensures that a
decision on the request is made by the most appropriate agency. As the
subject-matter of the documents you have requested is more closely
connected with the functions of the Attorney-General’s Department (AGD)
than with the functions of the Department of the Prime Minister and
Cabinet your request has been transferred in full to AGD under section
16(1)(b) of the FOI Act.

AGD will be in touch regarding the processing of your request. Should you
wish to contact them, please do so by emailing [1][email address] 

Kind regards

Coordinator

FOI Section[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [2][email address]  w. [3]pmc.gov.au

[4]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://www.pmc.gov.au/

OFFICIAL

Dear Tom,

We are writing to confirm transfer of your Freedom of Information request
from the Department of the Prime Minister and Cabinet (PM&C) to the
Attorney-General’s Department (the department) and to request an extension
of time to process your request.

Notice of transfer to the Attorney-General’s Department and scope
revision: FOI24/446

On 5 September, you made a request to PM&C for access to documents under
the Freedom of Information Act 1982 (the FOI Act).

On 11 September 2024, your request was transferred to the department under
s 16(1) of the FOI Act, as the subject matter of the requested documents
is more closely aligned with the functions of the department.

Your request is for:

Under the FOI law, I would like to know who arranged the compensation
agreement for Brittany Higgins and requested a full written agreement. If
it is the confidentiality clause, please provide detailed reasons.

We note that your request is for information, as opposed to documents held
by the department as is required by the FOI Act. We are therefore seeking
your agreement to revise your request to be a request for documents. For
example:

I request:

 1. Documents detailing who arranged the compensation agreement for
Brittany Higgins, and
 2. A copy of the written compensation agreement for Brittany Higgins.

Please let us know if you agree to this proposed scope revision, or if you
wish to submit an alternative.

Request for extension of time

Your request was received on 5 September 2024 and the 30 day statutory
period for processing your request commenced from the day after that date.
The transfer of your request does not affect the due date for completion
of your request. The statutory due date for your request is Tuesday 8
October 2024.

Due to an increase in the number of information access applications
currently being received by the department, a case officer is yet to be
allocated and we seek your agreement to an extension of time to process
this request under section 15AA of the FOI Act.

This would mean that a decision about your request would be due on Monday
4 November 2024.

If we are in a position to make a decision earlier than this date, we will
endeavour to do so. The statutory period may also be extended if we need
to consult third parties or for other reasons permitted under the FOI Act.
We will advise you if this happens.

More information is available on the Office of the Australian Information
Commissioner's Website. Information about extensions of time can be
accessed from:
[1]https://www.oaic.gov.au/freedom-of-infor...

Additional Information

The department's practice is to not disclose personal information of staff
of the department and other government authorities, where that information
is not publicly known or routinely disclosed (e.g. names of junior
officers and contact information). The names of senior officers will
generally be disclosed. In addition, duplicates and incomplete email
chains, internal administrative email addresses and metadata within the
scope of the FOI request will be excluded.

Please reply by return email if you agree to the proposed revised request
scope and the extension of time. If you agree to the extension we will
notify the Office of the Australian Information Commissioner of this under
section 15AA of the FOI Act, including your name and contact details.

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [2][email address].

Kind regards,

Freedom of Information & Privacy

Attorney-General’s Department

Phone: (02) 6141 6666 | Email: [3][email address]

OFFICIAL

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. mailto:[email address]
3. mailto:[email address]

Thank you for contacting the Freedom of Information (FOI) team at the
Attorney-General’s Department (the department). We get a high volume of
emails and FOI applications and work to respond as promptly as possible.
This auto-reply email confirms your email has been delivered to the
[email address] mailbox. If you have written to the department to submit an
FOI request, please consider this email to be an acknowledgement of its
receipt. 
Please note that we will only respond to emails about the Freedom of
Information Act 1982 (the FOI Act). For information on how to make a
request under the FOI Act please refer to:
https://www.ag.gov.au/rights-and-protect....
For enquiries about other matters, please refer to:
https://www.ag.gov.au/about-us/connect-u...
The statutory processing time for FOI requests is 30 days, however this
may be extended if the department needs to consult third parties or for
other reasons. If you have submitted an FOI request, the department will
write to you again within 30 days of receiving your request. This
correspondence may: 
* provide assistance to you to help you make a valid FOI request, 
* seek further information from you to help us process your request, 
* provide you with a decision on your FOI request, or 
* discuss whether an extension of time is needed to process your request.
Please do not send duplicate emails as this may cause delays to processing
times.
This FOI inbox is monitored during business hours Monday to Friday,
excluding public holidays.
You can expect our team to provide a helpful, respectful service and we
expect respectful engagement in return.
Under s 89L of the FOI Act, disrespectful, threatening or abusive language
may be an abuse of the access action process. If this happens, we may not
be able to help you or we might take steps to manage how we communicate
with you. 
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

OFFICIAL
Dear Ha

Thank you for agreeing to the scope of the request.

Can I please follow up on if you agree to a 30 day extension of time to the request? If you agree, your request will be due on 4 November 2024.

Kind regards
Dana
OFFICIAL

-----Original Message-----
From: Ha <[FOI #12009 email]>
Sent: Friday, 13 September 2024 12:02 PM
To: AGD FOI Requests <[email address]>
Subject: Re: Confirming transfer of FOI request, scope revision, and seeking extension of time -FOI24/446 [SEC=OFFICIAL]

CAUTION: This email originated from outside of the organisation. Do not follow guidance, click links, or open attachments unless you recognise the sender and know the content is safe.

Dear AGD FOI Requests,
Yes, I agreed with the amendment l.

Yours sincerely,

Ha

-----Original Message-----

OFFICIAL

Dear Tom,

We are writing to confirm transfer of your Freedom of Information request from the Department of the Prime Minister and Cabinet (PM&C) to the Attorney-General’s Department (the department) and to request an extension of time to process your request.

Notice of transfer to the Attorney-General’s Department and scope
revision: FOI24/446

On 5 September, you made a request to PM&C for access to documents under the Freedom of Information Act 1982 (the FOI Act).

On 11 September 2024, your request was transferred to the department under s 16(1) of the FOI Act, as the subject matter of the requested documents is more closely aligned with the functions of the department.

Your request is for:

Under the FOI law, I would like to know who arranged the compensation agreement for Brittany Higgins and requested a full written agreement. If it is the confidentiality clause, please provide detailed reasons.

We note that your request is for information, as opposed to documents held by the department as is required by the FOI Act. We are therefore seeking your agreement to revise your request to be a request for documents. For
example:

I request:

 1. Documents detailing who arranged the compensation agreement for Brittany Higgins, and
 2. A copy of the written compensation agreement for Brittany Higgins.

Please let us know if you agree to this proposed scope revision, or if you wish to submit an alternative.

Request for extension of time

Your request was received on 5 September 2024 and the 30 day statutory period for processing your request commenced from the day after that date.
The transfer of your request does not affect the due date for completion of your request. The statutory due date for your request is Tuesday 8 October 2024.

Due to an increase in the number of information access applications currently being received by the department, a case officer is yet to be allocated and we seek your agreement to an extension of time to process this request under section 15AA of the FOI Act.

This would mean that a decision about your request would be due on Monday
4 November 2024.

If we are in a position to make a decision earlier than this date, we will endeavour to do so. The statutory period may also be extended if we need to consult third parties or for other reasons permitted under the FOI Act.
We will advise you if this happens.

More information is available on the Office of the Australian Information Commissioner's Website. Information about extensions of time can be accessed from:
[1]https://www.oaic.gov.au/freedom-of-infor...

Additional Information

The department's practice is to not disclose personal information of staff of the department and other government authorities, where that information is not publicly known or routinely disclosed (e.g. names of junior officers and contact information). The names of senior officers will generally be disclosed. In addition, duplicates and incomplete email chains, internal administrative email addresses and metadata within the scope of the FOI request will be excluded.

Please reply by return email if you agree to the proposed revised request scope and the extension of time. If you agree to the extension we will notify the Office of the Australian Information Commissioner of this under section 15AA of the FOI Act, including your name and contact details.

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [2][email address].

Kind regards,

Freedom of Information & Privacy

Attorney-General’s Department

Phone: (02) 6141 6666 | Email: [3][email address]

OFFICIAL

The Attorney-General’s Department may collect your personal information where it is reasonably necessary for, or directly related to, our functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and telephone number so that we can contact you about your request or privacy complaint. If your request concerns accessing or correcting your personal information, we will collect the minimum amount of evidence necessary to verify your identity. We hold personal information in accordance with the Privacy Act and our privacy policy. If you have an enquiry or complaint about your privacy, please contact the Privacy Officer on 02 6141 6666 or via e-mail [email address]. If you have received this email in error, please notify us immediately by return email and delete all copies. If this email or any attachments have been sent to you in error, that error does not constitute waiver of any confidentiality, privilege or copyright in respect of information in the email or attachments.

References

Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. mailto:[email address]
3. mailto:[email address]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #12009 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...

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.

-------------------------------------------------------------------

The Attorney-General’s Department may collect your personal information where it is reasonably necessary for, or directly related to, our functions, including those under the Freedom of Information Act 1982 (FOI Act) and the Privacy Act 1988. We may collect your name, email address and telephone number so that we can contact you about your request or privacy complaint. If your request concerns accessing or correcting your personal information, we will collect the minimum amount of evidence necessary to verify your identity. We hold personal information in accordance with the Privacy Act and our privacy policy. If you have an enquiry or complaint about your privacy, please contact the Privacy Officer on 02 6141 6666 or via e-mail [email address]. 
If you have received this email in error, please notify us immediately by return email and delete all copies. If this email or any attachments have been sent to you in error, that error does not constitute waiver of any confidentiality, privilege or copyright in respect of information in the email or attachments.

hide quoted sections

Thank you for contacting the Freedom of Information (FOI) team at the
Attorney-General’s Department (the department). We get a high volume of
emails and FOI applications and work to respond as promptly as possible.
This auto-reply email confirms your email has been delivered to the
[email address] mailbox. If you have written to the department to submit an
FOI request, please consider this email to be an acknowledgement of its
receipt. 
Please note that we will only respond to emails about the Freedom of
Information Act 1982 (the FOI Act). For information on how to make a
request under the FOI Act please refer to:
https://www.ag.gov.au/rights-and-protect....
For enquiries about other matters, please refer to:
https://www.ag.gov.au/about-us/connect-u...
The statutory processing time for FOI requests is 30 days, however this
may be extended if the department needs to consult third parties or for
other reasons. If you have submitted an FOI request, the department will
write to you again within 30 days of receiving your request. This
correspondence may: 
* provide assistance to you to help you make a valid FOI request, 
* seek further information from you to help us process your request, 
* provide you with a decision on your FOI request, or 
* discuss whether an extension of time is needed to process your request.
Please do not send duplicate emails as this may cause delays to processing
times.
This FOI inbox is monitored during business hours Monday to Friday,
excluding public holidays.
You can expect our team to provide a helpful, respectful service and we
expect respectful engagement in return.
Under s 89L of the FOI Act, disrespectful, threatening or abusive language
may be an abuse of the access action process. If this happens, we may not
be able to help you or we might take steps to manage how we communicate
with you. 
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

Dear Ha,

Thank you for your FOI request seeking access to:

 1. Documents detailing who arranged the compensation agreement for
Brittany Higgins, and
 2. A copy of the written compensation agreement for Brittany Higgins.

We write to seek your agreement to withdraw this request on the basis that
the documents you are seeking are available to view at the following
webpages:

[1]ag.gov.au/sites/default/files/2024-04/FOI24-019 - Disclosure log
documents - date of access 020424.pdf.PDF

[2]https://www.fedcourt.gov.au/__data/asset...

Please respond to this email by Wednesday 2 October 2024 to confirm if you
agree to withdraw this request.

Kind regards,

Rachel

Freedom of Information & Privacy

Attorney-General’s Department

Phone: 02 6141 6666 | Email:  [3][email address]

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. https://www.ag.gov.au/sites/default/file...
2. https://www.fedcourt.gov.au/__data/asset...
3. mailto:[email address]

OFFICIAL

Dear Ha,

Further to my email below, I would be most grateful for your confirmation
to withdraw this FOI request on the basis that the documents you are
seeking are available online (links provided below).

You are most welcome to submit a new FOI request to the department in the
future.

Kind regards,

Radia

Freedom of Information & Privacy

Attorney-General’s Department

Phone: 02 6141 6666 | Email:  [1][email address]

OFFICIAL

From: AGD FOI Requests <[email address]>
Sent: Friday, 27 September 2024 12:55 PM
To: Ha <[FOI #12009 email]>
Cc: AGD FOI Requests <[email address]>
Subject: FOI24/446 - Request to withdraw - Attorney-General's Department

Dear Ha,

Thank you for your FOI request seeking access to:

 1. Documents detailing who arranged the compensation agreement for
Brittany Higgins, and
 2. A copy of the written compensation agreement for Brittany Higgins.

We write to seek your agreement to withdraw this request on the basis that
the documents you are seeking are available to view at the following
webpages:

[2]ag.gov.au/sites/default/files/2024-04/FOI24-019 - Disclosure log
documents - date of access 020424.pdf.PDF

[3]https://www.fedcourt.gov.au/__data/asset...

Please respond to this email by Wednesday 2 October 2024 to confirm if you
agree to withdraw this request.

Kind regards,

Rachel

Freedom of Information & Privacy

Attorney-General’s Department

Phone: 02 6141 6666 | Email:  [4][email address]

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. mailto:[email address]
2. https://www.ag.gov.au/sites/default/file...
3. https://www.fedcourt.gov.au/__data/asset...
4. mailto:[email address]

Dear Tom/Ha

If you do not wish to withdraw your request, we seek your agreement to
revise part one of the scope of your request from “documents” to “A
document”. This is because the information you seek regarding who arranged
the compensation agreement for Brittany Higgins can be provided to you in
a single document. This would assist the department to process your
request quicker and more efficiently.

As such, we seek your agreement to revise the scope of your request to:

 1. A document detailing who arranged the compensation agreement for
Brittany Higgins, and
 2. A copy of the written compensation agreement for Brittany Higgins.

Please note that part two of your request remains unchanged.

I would be grateful for your response as soon as possible or by COB Monday
21 October 2024 at the latest, noting that the statutory due date for this
request is approaching (4 November 2024).

Please feel to contact me if you would like to discuss.

Kind regards,

Radia

Freedom of Information & Privacy

Attorney-General’s Department

Phone: 02 6141 6666 | Email:  [1][email address]

From: AGD FOI Requests <[email address]>
Sent: Friday, 4 October 2024 2:02 PM
To: Ha <[FOI #12009 email]>
Cc: AGD FOI Requests <[email address]>
Subject: FW: FOI24/446 - Request to withdraw - Attorney-General's
Department [SEC=OFFICIAL]

OFFICIAL

Dear Ha,

Further to my email below, I would be most grateful for your confirmation
to withdraw this FOI request on the basis that the documents you are
seeking are available online (links provided below).

You are most welcome to submit a new FOI request to the department in the
future.

Kind regards,

Radia

Freedom of Information & Privacy

Attorney-General’s Department

Phone: 02 6141 6666 | Email:  [2][email address]

OFFICIAL

From: AGD FOI Requests <[3][email address]>
Sent: Friday, 27 September 2024 12:55 PM
To: Ha <[4][FOI #12009 email]>
Cc: AGD FOI Requests <[5][email address]>
Subject: FOI24/446 - Request to withdraw - Attorney-General's Department

Dear Ha,

Thank you for your FOI request seeking access to:

 1. Documents detailing who arranged the compensation agreement for
Brittany Higgins, and
 2. A copy of the written compensation agreement for Brittany Higgins.

We write to seek your agreement to withdraw this request on the basis that
the documents you are seeking are available to view at the following
webpages:

[6]ag.gov.au/sites/default/files/2024-04/FOI24-019 - Disclosure log
documents - date of access 020424.pdf.PDF

[7]https://www.fedcourt.gov.au/__data/asset...

Please respond to this email by Wednesday 2 October 2024 to confirm if you
agree to withdraw this request.

Kind regards,

Rachel

Freedom of Information & Privacy

Attorney-General’s Department

Phone: 02 6141 6666 | Email:  [8][email address]

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. mailto:[FOI #12009 email]
5. mailto:[email address]
6. https://www.ag.gov.au/sites/default/file...
7. https://www.fedcourt.gov.au/__data/asset...
8. mailto:[email address]

Our reference:           RQ24/04801

Agency reference:    FOI24/446

Agency name              Attorney-General’s Department
By Email:                        [email address]

Name                              Mr Tom Dang
By Email:                       
[FOI #12009 email]

Extension of time under s 15AB

Dear Parties,

Please find attached an extension of time decision relating to the above
referenced FOI request.

Regards,

[1][IMG]   Andriana DeIeso

Review Adviser

Office of the Australian Information Commissioner

Adelaide | GPO Box 5288 Sydney NSW 2001

E [2][email address]
 
I am available Monday to Wednesday; Tuesday and Wednesday alternate
weeks.  

Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[3]Information Commissioner reviews | OAIC
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.  

[4]Subscribe to Information Matters

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.oaic.gov.au/
2. mailto:[email address]
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/engage-with-us/n...