Dear Ms Norton,

The Australian Human Rights Commission has begun processing your request under the Freedom of Information Act 1982 (Cth) (FOI Act).

You requested access to information that the Australian Human Rights Commission may hold. You specifically request access to any complaints filed pertaining to New Zealand citizens being held in detention on Christmas Island between 1/10/15 and 1/12/15.

Under the FOI Act, the Commission has until 31 March 2016 to make a decision in relation to your request.

Please feel free to contact me should you have any questions relating to your request for documents.

Kind Regards,

Chantal Tanner
Paralegal, Legal Section
Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9714 | F +61 2 9284 9787
E [email address] | W humanrights.gov.au
Human rights: everyone, everywhere, everyday

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Dear Ariana

I will be responsible for processing your FOI request.

Just so that I'm clear on what you are seeking, could you please confirm that you seek access to:

- Copies of any complaints to the Commission by New Zealand citizens who are held on Christmas Island;
- Where the complaints were filed with the Commission in the period 1/10/15 to 1/12/15.

Kind regards

Anastacia Totoeva
Lawyer
Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9776 | F +61 2 9284 9787
E [email address] | W humanrights.gov.au
Human rights: everyone, everywhere, everyday

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Dear Ariana

Your FOI request covers documents which include personal information of third parties.

Under section 27A of the FOI Act, if an FOI request is made to an agency or Minister for access to a document containing personal information about a person and it appears to the agency that the person might reasonably wish to make a contention in relation to the documents being conditionally exempt and disclosure being contrary to the public interest, the agency must give the person concerned a reasonable opportunity to make submissions.

I attach a fact sheet which explains the consultation process with third parties. Could you please confirm if you consent to me revealing to the third parties that you / Right to Know are the FOI Applicants? (See page 2 of the fact sheet). This may be information which is of interest to the third parties and, if you have no objections, it may contribute to a speedier decision on your FOI request.

Given that I will be required to consult third parties about documents affecting their personal privacy (pursuant to section 27A of the FOI Act), the time for making a decision in relation to your FOI request is extended by a further 30 days, pursuant to section 15(6) of the FOI Act. A decision on your request is therefore due on 28 April 2016 (I note that the initial advice to you re timeframes had erroneously noted a due date of 31 March 2016, instead of 29 March 2016) . I will, of course, endeavour to make a decision in relation to your FOI request as soon as possible.

I look forward to hearing from you.

Kind regards
Anastacia

Anastacia Totoeva
Lawyer
Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9776 | F +61 2 9284 9787
E [email address] | W humanrights.gov.au
Human rights: everyone, everywhere, everyday

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Dear Ariana

I refer to your FOI request of 28 February 2016.

Please see attached:

·         My decision in response to your FOI request;

·         A copy of the documents answerable to your FOI request; and

·         A fact sheet about your rights of review.

Kind regards

Ana

Anastacia Totoeva
Lawyer

Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9776 | F +61 2 9284 9787
E [1][email address] | W [2]humanrights.gov.au

Human rights: everyone, everywhere, everyday

[3]cid:518F816F-29B3-4DB5-BAC6-2C569FFFECF0

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References

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