Communciations related to Right to Know
Ben Fairless made this Freedom of Information request to Australian Taxation Office
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Australian Taxation Office,
This is a request in my personal capacity for documents under the Freedom of Information Act. You can use this email address for correspondence.
I request all documents created from 28 September until today which detail:
- Any correspondence in relation to the Right to Know website, both sent and received
- Any meeting minutes taken in respect of processing Freedom of Information Requests via the Right to Know website
- Any other documents created in relation to the Right to Know organisation in relation to General Counsel and Freedom of Information.
- Any correspondence, meeting notes or minutes, or other documents with respect to ministerial briefings in relation to the Right to Know Website
- Any correspondence from within the ATO media teams in relation to the Right to Know website.
This is the address to which you can send notices under the Freedom of Information Act - All correspondence should be attached to this email directly. You should not consider a notice delivered or provided unless it is attached directly to an email sent to this address.
I request that the costs are waived in full, due to the public nature of this request and the recent behavior by officers of the ATO since an OAIC decision in relation to Right to Know.
Yours faithfully,
Ben Fairless
Our reference: RQ17/01367
Agency reference: 1-BT28MOY
Mr Ben Fairless
Sent via email to: [FOI #3664 email]
Dear Mr Fairless
Extension of time application by the Australian Taxation Office
I write to advise that on 24 July 2017, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Australian Taxation Office (the ATO) for an extension of time, to process
the freedom of information request you made on 23 June 2017.
The ATO 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
voluminous and complex.
The ATO has advised the OAIC that:
o The request is sensitive, as it relates to the ATO’s decision not to
process FOI requests received via the ‘Right to Know’ (RTK) website.
Consequently, the decision will need to be reviewed by the ATO’s
corporate business line and senior internal legal counsel, prior to
release.
o The request encompasses a broad range of documents, including
information about third parties’ business affairs and individuals’
personal information. The documents may also include legal advice and
operational information. Consequently a number of exceptions will need
to be considered in assessing the request.
o Consultation may be required regarding business information and
personal privacy included in the documents.
o The request overlaps to a significant degree with nine other FOI
requests made via the RTK website. This has had an impact on the
processing of the request, as time and resources have been required to
ensure the requests are handled consistently.
o The terms of the request capture a substantial number of documents.
Preliminary estimates indicate that the ATO will hold thousands of
pages within the scope.
The ATO has requested an extension to 23 August 2017. 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 28 July 2017. If I do
not hear from you by this date, I will proceed to make a decision on the
basis of the information provided to me by the the ATO.
You will be notified of the decision once the matter has been finalised.
Contact
If you have any questions, please contact me on 02 9284 9745 or via email
[email address]. In all correspondence please include reference
number RQ17/01367.
Yours sincerely
Carl English | Assistant Review and Investigation Officer | Freedom of
Information Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001| [1]www.oaic.gov.au
Phone: +61 2 9284 9745 | E-mail: [email address]
Protecting information rights – advancing information policy
[2]cid:image001.png@01D26682.9CE52410
References
Visible links
1. http://www.oaic.gov.au/
Our reference: RQ17/01367
Agency reference: 1-BT28MOY
Mr Ben Fairless
By email: [FOI #3664 email]
Dear Mr Fairless
Extension of time under s 15AB
On 24 July 2017, the Australian Taxation Office (the ATO) applied for
further time to make a decision on your FOI request of 23 June 2017.
This application was on the basis that the processing period is
insufficient to deal adequately with your request, because it is complex
and voluminous.
Consultation
On 26 July 2017, I wrote to you to seek your views on the ATO’s
application. You have not responded to my inquiries.
Decision
I have decided to grant the ATO an extension of time to process your
request to 23 August 2017. This decision has been made under s 15AB(2) of
the Freedom of Information Act 1982 (Cth).
By granting further time it is anticipated that the ATO will provide a
well-reasoned and better managed decision.
Contact
If you have any questions regarding this email please contact me on 02
9284 9745 or via email [email address]. Please quote OAIC
reference number RQ17/01367 in all correspondence.
Yours sincerely
Carl English | Assistant Review and Investigation Officer | Freedom of
Information Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001| [1]www.oaic.gov.au
Phone: +61 2 9284 9745 | E-mail: [email address]
Protecting information rights – advancing information policy
[2]cid:image001.png@01D26682.9CE52410
References
Visible links
1. http://www.oaic.gov.au/