Class action funding changes
Dear Attorney-General's Department,
I write to request access to documents under the Freedom of Information Act 1982.
I seek access to the following documents:
The Ministerial Submission seeking agreement to the release of the draft regulations referenced in the 02 September 2022 media release 'Unfair hurdles to class action funding unwound'.
I look forward to receiving your decision.
Yours faithfully,
MBV
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OFFICIAL
Dear applicant
Freedom of Information Request FOI23/126
I refer to your request to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents.
Your request is seeking:
The Ministerial Submission seeking agreement to the release of the draft
regulations referenced in the 02 September 2022 media release 'Unfair
hurdles to class action funding unwound'.
The department received your request on 22 February 2023 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 24 March
2023.
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 within the scope of the FOI request will be excluded.
Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published online on the
department's disclosure log
[1]http://www.ag.gov.au/RightsAndProtection....
Kind regards
Dana
FOI and Privacy Section
Enabling Services Group
Attorney-General’s Department
T: 02 6141 6666 E: [AGD request email]
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
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OFFICIAL
Dear applicant
I refer to your freedom of information request of 22 February 2023 to the
Attorney-General’s department (the department) seeking:
The Ministerial Submission seeking agreement to the release of the draft
regulations referenced in the 02 September 2022 media release 'Unfair
hurdles to class action funding unwound'.
As I advised in my email to you of 3 March 2023, the department commenced
processing your request. However, the relevant line area subsequently
advised that the Ministerial Submission requested was not led by the
department, and rather was led by Treasury, and submitted to its Assistant
Minister. Accordingly, given the information you are seeking is held by
the Treasury, I am writing to request that you withdraw your FOI request
to the Attorney-General’s Department, and make a new FOI request to
Treasury at [1][email address]. Unfortunately, the department is
unable to transfer your request to the Treasury.
If you agree to this request, I wanted be grateful if you could please
respond to this email with written agreement.
If you have any queries, you are welcome to contact me on the details
below.
Kind regards
Dana
Assistant Director, FOI and Privacy Section
Enabling Services Group
Attorney-General’s Department
T: 02 6141 6666 E: [AGD request email]
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
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email or attachments.
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Dear Dana,
Can I please clarify why AGD is unable to transfer this request to Treasury under s 16 of the FOI Act?
Yours sincerely,
MBV
OFFICIAL
Hello MBV
The Attorney-General's Department sought transfer to the Treasury, however the Treasury did not accept the transfer. As a transfer can only occur with the agreement of the receiving agency, we are therefore unable to transfer your request to it. For this reason, we recommend that you agree to withdraw and remake the request to the Treasury.
Kind regards,
Dana
OFFICIAL
Hi Dana,
That is disappointing to hear.
Given that Treasury has refused to accept transfer, I request that AGD continue to process my application for those documents which are in your possession.
I understand that Treasury may have taken the lead on the submission, but the submission has engaged AGD functions and is clearly in its possession.
Yours sincerely,
MBV
OFFICIAL
Hello MBV
I am writing to provide you with further information about your freedom of information.
We have identified that the submission you are requesting has previously been requested from Treasury through FOI and was partially released. It is currently available on Treasury's disclosure log at https://treasury.gov.au/sites/default/fi... (from page 14).
Noting this document is substantially available through Treasury, may I ask whether you wish to proceed with the current FOI request (FOI23/126) for this document, or alternatively, whether you would like to withdraw the request?
Kind regards
Dana
Assistant Director, FOI and Privacy Section
Enabling Services Group
Attorney-General’s Department
T: 02 6141 6666 E: [AGD request email]
OFFICIAL
Dear FOI Requests,
The package of documents released by Treasury does not include any submission to the AG/AGO.
I would like to continue with my request, though am happy to exclude duplicates covered by the prior Treasury release.
Yours sincerely,
MBV
OFFICIAL
Good afternoon MBV
Please find attached to this email a decision letter and attachment
regarding your freedom of information request to the Attorney-General’s
Department.
Kind regard
Dana Nipperess (she/her)
Assistant Director, FOI and Privacy Section
Enabling Services Group
Attorney-General’s Department
T: 02 6141 6666 E: [AGD request email]
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.