Cables
Dear Department of Foreign Affairs and Trade,
I am seeking all diplomatic cables sent from the Australian High Commission in Sri Lanka to the Department in Canberra since September 2013 that refer to:
- "Illegal maritime arrivals", "illegal migrants" or "unauthorized maritime arrivals". This may include references to the numbers of arrivals, processes of return or court cases brought to Sri Lankan courts to charge those that leave illegally. Please also include any cables that reference the International Organisation for Migration.
- "Operation Sovereign Borders"
- "People smuggling". This may include references to arrests, court cases brought to Sri Lankan courts or development programs conducted in the coastal regions of the country. Please also include any cables that refer to the operations of the AFP or Department of Home Affairs to combat people smuggling.
- "Zero Chance" or other communications campaigns.
- Visits by ministers (Immigration, Home Affairs).
Many thanks in advance.
Yours faithfully,
Elias Ross
OFFICIAL
FOI Reference: LEX2731
File Number: 20/28662
Dear Mr Ross
Re: Freedom of Information (FOI) Request
Thank you for your e-mail dated 6 October 2020 in which you seek access
under the Freedom of Information Act 1982 to:
“… all diplomatic cables sent from the Australian High Commission in Sri
Lanka to the Department in Canberra since September 2013 that refer to:
- "Illegal maritime arrivals", "illegal migrants" or "unauthorized
maritime arrivals". This may include references to the numbers of
arrivals, processes of return or court cases brought to Sri Lankan courts
to charge those that leave illegally. Please also include any cables that
reference the International Organisation for Migration.
- "Operation Sovereign Borders"
- "People smuggling". This may include references to arrests, court cases
brought to Sri Lankan courts or development programs conducted in the
coastal regions of the country. Please also include any cables that refer
to the operations of the AFP or Department of Home Affairs to combat
people smuggling.
- "Zero Chance" or other communications campaigns.
- Visits by ministers (Immigration, Home Affairs).”
This e-mail sets out some information about how your request will be
processed by the Department of Foreign Affairs and Trade.
Searches are now being undertaken in relevant areas of the department for
documents relevant to your request.
Scope of request
If it emerges that the scope of your request is unclear or is too large
for processing, the department will contact you to discuss re-scoping the
request.
Timeframe for receiving our decision
We received your request on 6 October 2020 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 5 November 2020. The period
of 30 days may be extended in certain circumstances. We will advise you
if any extension of time is required.
Charges
Please note that the department issues charges for processing FOI
requests. We will advise you of these charges when we are in a position
to estimate the resources required to process your request.
Timing of release
As the subject matter of your request will require DFAT to upload any
documents released to you to the department’s FOI Disclosure Log, we take
this opportunity to advise you that the department’s policy is to upload
documents to the disclosure log on the same day as the documents are
released to you.
Exclusion of officials’ names and contact details
It is the department’s policy to withhold the mobile numbers of all
government officials, and the names and contact details of government
officials not in the Senior Executive Service (SES) or equivalent. If you
require the mobile numbers of all government officials, or the names and
contact details of non-SES officials, please let us know at
[1][DFAT request email] so the decision-maker may consider; otherwise we will
take it that you agree to that information being excluded from the scope
of your request.
Personal Information
If we need to consult with other people or organisations regarding your
FOI request, we may need to disclose your personal information (e.g. your
name). When we consult it may be apparent that you have made a request,
even if we do not disclose your identity. Please let us know if you have
any concerns in this regard. The department’s privacy policy is available
at [2]dfat.gov.au/privacy.html.
Should you require any further information, please do not hesitate to
contact us by return e-mail at [3][DFAT request email].
Yours sincerely
Kind regards
Joel
[4]cid:image001.png@01D349A2.74F24380
DFAT FOI Team
Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
[5]DFAT.GOV.AU | [6]Twitter | [7]Facebook | [8]Flickr | [9]YouTube
This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in your handling of
the advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.
OFFICIAL
FOI Reference: LEX2731
File Number: 20/28662
Dear Mr Ross
Please find attached correspondence relating to your FOI request,
reference LEX2731.
Yours sincerely
Joel
[1]cid:image001.png@01D349A2.74F24380
DFAT FOI Team
Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
[2]DFAT.GOV.AU | [3]Twitter | [4]Facebook | [5]Flickr | [6]YouTube
This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in your handling of
the advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.
From: FOI
Sent: Wednesday, 7 October 2020 11:11 AM
To: 'Elias Ross' <[FOI #6782 email]>
Subject: Your DFAT FOI request - Acknowledgement - LEX2731 [SEC=OFFICIAL]
OFFICIAL
FOI Reference: LEX2731
File Number: 20/28662
Dear Mr Ross
Re: Freedom of Information (FOI) Request
Thank you for your e-mail dated 6 October 2020 in which you seek access
under the Freedom of Information Act 1982 to:
“… all diplomatic cables sent from the Australian High Commission in Sri
Lanka to the Department in Canberra since September 2013 that refer to:
- "Illegal maritime arrivals", "illegal migrants" or "unauthorized
maritime arrivals". This may include references to the numbers of
arrivals, processes of return or court cases brought to Sri Lankan courts
to charge those that leave illegally. Please also include any cables that
reference the International Organisation for Migration.
- "Operation Sovereign Borders"
- "People smuggling". This may include references to arrests, court cases
brought to Sri Lankan courts or development programs conducted in the
coastal regions of the country. Please also include any cables that refer
to the operations of the AFP or Department of Home Affairs to combat
people smuggling.
- "Zero Chance" or other communications campaigns.
- Visits by ministers (Immigration, Home Affairs).”
This e-mail sets out some information about how your request will be
processed by the Department of Foreign Affairs and Trade.
Searches are now being undertaken in relevant areas of the department for
documents relevant to your request.
Scope of request
If it emerges that the scope of your request is unclear or is too large
for processing, the department will contact you to discuss re-scoping the
request.
Timeframe for receiving our decision
We received your request on 6 October 2020 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 5 November 2020. The period
of 30 days may be extended in certain circumstances. We will advise you
if any extension of time is required.
Charges
Please note that the department issues charges for processing FOI
requests. We will advise you of these charges when we are in a position
to estimate the resources required to process your request.
Timing of release
As the subject matter of your request will require DFAT to upload any
documents released to you to the department’s FOI Disclosure Log, we take
this opportunity to advise you that the department’s policy is to upload
documents to the disclosure log on the same day as the documents are
released to you.
Exclusion of officials’ names and contact details
It is the department’s policy to withhold the mobile numbers of all
government officials, and the names and contact details of government
officials not in the Senior Executive Service (SES) or equivalent. If you
require the mobile numbers of all government officials, or the names and
contact details of non-SES officials, please let us know at
[7][DFAT request email] so the decision-maker may consider; otherwise we will
take it that you agree to that information being excluded from the scope
of your request.
Personal Information
If we need to consult with other people or organisations regarding your
FOI request, we may need to disclose your personal information (e.g. your
name). When we consult it may be apparent that you have made a request,
even if we do not disclose your identity. Please let us know if you have
any concerns in this regard. The department’s privacy policy is available
at [8]dfat.gov.au/privacy.html.
Should you require any further information, please do not hesitate to
contact us by return e-mail at [9][DFAT request email].
Yours sincerely
Kind regards
Joel
[10]cid:image001.png@01D349A2.74F24380
DFAT FOI Team
Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
[11]DFAT.GOV.AU | [12]Twitter | [13]Facebook | [14]Flickr | [15]YouTube
This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in your handling of
the advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.
Dear FOI,
Thank you for the notice. I would like to revise my request to a much smaller time period as follows:
All diplomatic cables sent from the Australian High Commission in Sri Lanka to the Department in Canberra since January 2018 that refer to:
- "Illegal maritime arrivals", "illegal migrants" or "unauthorized maritime arrivals". This may include references to the numbers of arrivals, processes of return or court cases brought to Sri Lankan courts to charge those that leave illegally. Please also include any cables that reference the International Organisation for Migration.
- "Operation Sovereign Borders"
- "People smuggling". This may include references to arrests, court cases brought to Sri Lankan courts or development programs conducted in the coastal regions of the country. Please also include any cables that refer to the operations of the AFP or Department of Home Affairs to combat people smuggling.
- "Zero Chance" or other communications campaigns.
- Visits by ministers (Immigration, Home Affairs).
Yours sincerely,
Elias Ross
OFFICIAL
FOI Reference: LEX2731
File Number: 20/28662
Dear Mr Ross
I can confirm that searches have been completed in line with your revised scope, provided 18 October 2020. Please find attached correspondence relating to charges for your FOI request, reference LEX2731.
Yours sincerely
Joel
DFAT FOI Team
Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
DFAT.GOV.AU | Twitter | Facebook | Flickr | YouTube
This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and you should ensure that, in your handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.
Dear Joel
Thank you for this response. And apologies that is has taken some time to get to this request — I have been trying to determine whether it is possible for me to fulfil this cost. I am a student currently on Centrelink and am wondering whether it would be possible to contend the charge on the basis that it will bring me financial hardship. I am also more that happy to provide a public interest justification for this request if need be.
Many thanks for your consideration.
Yours sincerely,
Elias Ross
Dear FOI,
Just following up my previous mail about the possibility of waiving the fees for this request.
Many thanks
Yours sincerely,
Elias Ross
OFFICIAL
FOI Reference: LEX2731
File Number: 20/28662
Dear Mr Ross
Thank you for your email seeking an update on the possibility of waiving fees for your FOI request, reference LEX2731.
The Director of the Department's Freedom of Information and Privacy Law Section is currently considering your request to waive fees for LEX2731. We will endeavour to have a response to you shortly.
Yours sincerely
Joel
DFAT FOI Team
Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
DFAT.GOV.AU | Twitter | Facebook | Flickr | YouTube
This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and you should ensure that, in your handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.
OFFICIAL
FOI Reference: LEX2731
File Number: 20/28662
Dear Mr Ross
Thank you for your email to the Department of Foreign Affairs and Trade (DFAT) seeking a reduction of charges issued for your FOI request, reference LEX2731.
The delegate is currently considering your contention of the charge on the basis of financial hardship. To assist with this consideration, DFAT would be most grateful if you could provide a student ID or other documentation to support your contention of financial hardship.
After you have provided this supporting documentation, the department will be in contact again once the delegate has considered your contention to reduce the charge.
Yours sincerely
Joel
DFAT FOI Team
Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
DFAT.GOV.AU | Twitter | Facebook | Flickr | YouTube
This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and you should ensure that, in your handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.
Dear Joel,
I sent an email to the dfat foi email address with the subject FOI Reference: LEX2731, File Number: 20/28662. It includes a confirmation of enrolment. The sender email address begins with ohfriedmann...
Yours sincerely,
Elias Ross
OFFICIAL
FOI Reference: LEX2731
File Number: 20/28662
Dear Mr Ross
Thank you for sending through your confirmation of enrolment. This documentation will be provided to the delegate and the department will communicate a decision on the reduction or waiver of charges to you later this week.
Yours sincerely
Joel
DFAT FOI Team
Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
DFAT.GOV.AU | Twitter | Facebook | Flickr | YouTube
This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and you should ensure that, in your handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.
OFFICIAL
FOI Reference: LEX2731
File Number: 20/28662
Dear Mr Ross
Please find attached correspondence relating to your request to reduce or waive charges for your FOI request, reference LEX2731.
Yours sincerely
Joel
DFAT FOI Team
Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
DFAT.GOV.AU | Twitter | Facebook | Flickr | YouTube
This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and you should ensure that, in your handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.
Dear Joel,
I have just sent through an email with the subject 'Friedmann FOI Ref: LEX2731' to pay these charges. Many thanks for your help
Yours sincerely,
Elias Ross
OFFICIAL
FOI Reference: LEX2731
File Number: 20/28662
Dear Mr Ross
I can confirm that the department has received the email referred to below. Once your payment has been processed and confirmed, the clock will restart on this matter and we will re-commence processing of your request. There are currently 12 days left on the clock for this matter.
Noting the approaching Christmas holiday period and the APS Christmas Shutdown (25 December-4 January), we would like to take this opportunity to request your agreement to an extension of the statutory processing time for your request under section 15AA of the FOI Act. The sought extension length is for 30 days.
We would be grateful if you could please confirm whether you agree to this extension by return email ahead of the Christmas Shutdown period.
Yours sincerely
Joel
DFAT FOI Team
Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
DFAT.GOV.AU | Twitter | Facebook | Flickr | YouTube
This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and you should ensure that, in your handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.
OFFICIAL
FOI Reference: LEX2731
File Number: 20/28662
Dear Mr Ross
Please find a receipt attached to the department's email sent to you earlier today. As the deposit has been paid, the department will now re-commence processing your request. The new due date is 1 February 2021.
Yours sincerely
Joel
DFAT FOI Team
Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
DFAT.GOV.AU | Twitter | Facebook | Flickr | YouTube
This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and you should ensure that, in your handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.
Our reference: RQ21/00263
Agency reference: LEX2731
Mr Elias Ross
Sent by email: [1][FOI #6782 email]
Extension of time application by the Department of Foreign Affairs and
Trade
Dear Mr Ross
I write to advise that on 1 February 2021, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Department of Foreign Affairs and Trade (the Department) for an extension
of time, to process your FOI request.
The Department has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be complex and voluminous.
The Department has advised the OAIC that:
o the Department considers your request to be voluminous as it consists
of several hundred pages of cables from the Department’s overseas
network which require extensive application of exemptions which will
take a significant amount of time to process each individual page
o the Department also considers your request to be complex as the cables
within scope relate to a range of sensitive bilateral, multilateral
and local political matters requiring extensive internal consultation
and consideration by relevant line areas, and
o additional time is required to allow the Department to conduct an
extensive consideration of any document identified within the scope of
the request which is anticipated to be completed by the 25 February
2021, and decision finalised and documents released by 2 March 2021.
The Department has requested an extension of 29 days to 2 March 2021. I
will take any comments you may have to make into account when deciding the
application.
Please respond to this email by close of business 5 February 2021. If I
do not hear from you by this date, the decision maker will make a decision
on the basis of the information provided to me by the Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Contact
If you have any questions regarding this email please contact me on (02)
9284 9847 or via email [3][email address]. Please quote OAIC
reference number at the top of this email in all correspondence.
Yours sincerely
[4][IMG] Jasmin Clarke | Assistant
Review and Investigation
Advisor
Freedom of information
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
+61 2 9284 9847 |
[6][email address]
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Dear Jasmin Clarke,
Thank you for the note. I approve the extension
Yours sincerely,
Elias Ross
Our reference: RQ21/00263
Agency reference: LEX2731
Mr Elias Ross
Sent by email: [1][FOI #6782 email]
Extension of time under s 15AB
Dear Mr Ross
Please find attached a decision of today’s date for an extension of time
from the Department of Foreign Affairs and Trade.
Sincerely
[2][IMG] Jasmin Clarke | Assistant
Review and Investigation
Advisor
Freedom of information
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[3]oaic.gov.au
+61 2 9284 9847 |
[4][email address]
[8]Subscribe [9]Subscribe to
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4. mailto:[email address]
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Our reference: RQ21/00515
Agency reference: LEX2731
Mr Elias Ross
Sent by email: [1][FOI #6782 email]
Extension of time application by Department of Foreign Affairs and Trade
Dear Mr Ross
I write to advise that on 2 March 2021 the Office of the Australian
Information Commissioner (the OAIC) received an application from
Department of Foreign Affairs and Trade (the Department) for an extension
of time, to process your FOI request.
The Department has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be complex and voluminous.
The Department has advised the OAIC that:
· on 8 February 2021, the OAIC previously granted the Department
an extension of time under s 15AB(2) of the FOI Act (OAIC reference:
RQ21/00263). This extended the decision period to 2 March 2021.
· the Department considers your request both complex and
voluminous, consisting of several hundred pages containing multiple
sensitivities requiring careful consideration and handling following
finalised consultations
· the Department advise that consultations with Post have faced
delays due to the impact of COVID-19 which has and continues to affect the
staff and day-to-day operations at Post
· the Department advise that internal consultations were
undertaken, however given the nature and complexity of the documents, this
process took longer than anticipated, and
· additional time is required to finalise the internal
consultations and consideration of the documents by 8 March 2021, once
this process is finalised the decision will be provided to the decision
maker who will finalise the decision.
The Department has requested an extension of 21 days to 23 March 2021. I
will take any comments you may have to make into account when deciding the
application.
Please respond to this email by close of business 8 March 2021. If I do
not hear from you by this date, the decision maker will make a decision on
the basis of the information provided to me by the Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Contact
If you have any questions regarding this email please contact me on (02)
9284 9847 or via email [3][email address]. Please quote OAIC
reference number at the top of this email in all correspondence.
Yours sincerely
[4][IMG] Jasmin Clarke | Assistant
Review and Investigation
Advisor
Freedom of information
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
+61 2 9284 9847 |
[6][email address]
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Our reference: RQ21/00515
Agency reference: LEX2731
Mr Elias Ross
Sent by email: [1][FOI #6782 email]
Extension of time under s 15AB
Dear Mr Ross
Please find attached a decision of today’s date for an extension of time
from the Department of Foreign Affairs and Trade.
Sincerely
[2][IMG] Jasmin Clarke | Assistant
Review and Investigation
Advisor
Freedom of information
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[3]oaic.gov.au
+61 2 9284 9847 |
[4][email address]
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Dear Jasmin Clarke,
Just wanting to check the progress on this request as it is now overdue. Many thanks in advance.
Yours sincerely,
Elias Ross
Our reference: RQ21/00515
Agency reference: LEX2731
Mr Elias Ross
Sent by email: [1][FOI #6782 email]
Dear Mr Ross
Thank you for your email.
If you did not receive a decision from the Department of Foreign Affairs
and Trade (the Department) by the 23 March 2021, you may wish to seek
Information Commissioner review of the Department’s deemed refusal of your
request [2]here.
Further information on [3]applying for IC review is available on the OAIC
[4]website.
You may also wish to contact the Department directly to seek an update on
the status of your request.
If you have any further questions, please contact [5][email address].
Yours Sincerely
[6][IMG] Jasmin Clarke | Assistant
Review and Investigation
Advisor
Freedom of information
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW
2001 | [7]oaic.gov.au
+61 2 9284 9847 |
[8][email address]
[12]Subscribe [13]Subscribe
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Matters
Sincerely
Dear Jasmin Clarke,
Would you please update the status of this request. I have not received any communication from the Department and it is now long overdue.
Yours sincerely,
Elias Ross
Our reference: RQ21/00515
Agency reference: LEX2731
Mr Elias Ross
Sent by email: [1][FOI #6782 email]
Dear Mr Ross
Thank you for your email.
I am no longer the appropriate contact for this matter.
If you have not receive a decision from the Department of Foreign Affairs
and Trade (the Department), it is open to you to seek Information
Commissioner review of the Department’s deemed refusal of your request
[2]here.
Further information on [3]applying for IC review is available on the OAIC
[4]website.
You may also wish to contact the Department directly to seek an update on
the status of your request.
If you have any further questions, please contact [5][email address].
Yours sincerely
[6][IMG] Jasmin Clarke | Assistant
Review and Investigation
Advisor
Investigations and Compliance
Freedom of information
Regulatory Group
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW
2001 | [7]oaic.gov.au
+61 2 9284 9847 |
[8][email address]
[12]Subscribe [13]Subscribe
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