Complaints related to the removal of "Conscientious Objector" from Payments
Ben Fairless made this Freedom of Information request to Minister for Human Services
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Minister for Human Services,
Can you please provide a copy of any complaints received in relation to the decision to introduce "No Jab, No Pay" legislation?
I am happy to exclude duplicates of documents and personally identifiable information.
Can this request be processed administratively? If not, please proceed as a formal FOI request.
Yours faithfully,
Ben Fairless
Dear Mr Fairless,
The Department of Human Services (‘the department’) has recently received
your Freedom of Information (‘FOI’) request on behalf of the ‘Right to
Know’ website.
We write to both acknowledge your request and seek clarification of the
documents you seek. We note that your request is currently phrased as
follows:
‘Dear Minister for Human Services,
Can you please provide a copy of any complaints received in relation to
the decision to introduce "No Jab, No Pay" legislation? I am happy to
exclude duplicates of documents and personally identifiable information.
Can this request be processed administratively? If not, please proceed as
a formal FOI request.
Yours faithfully,
Ben Fairless’
The department is currently processing your request in the terms outlined
above, as it was received through one of the department’s designated FOI
email addresses. However, we note that your request is addressed to the
Minister for Human Services. FOI requests that are addressed to the
Minister for Human Services are processed by the Minister’s Office. At
this stage, we seek clarification on whether you intend for the Minister’s
Office to process your FOI request, or whether you intended to direct your
request to the department. Please note that if you are seeking documents
within the possession of the Minister for Human Services, searches will
only extend to records within the Minister’s Office (and will not involve
searches within the department).
If it was your intention to make a request to the Minister’s Office, we
will assist you by directing your FOI request to the appropriate avenue.
Should you make no further submissions by COB 1 February 2016, we will
proceed on the basis that you are seeking documents held by the
department, and not the Minister’s Office.
We look forward to receiving your prompt response.
Kind regards,
FOI Practitioner
FOI Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
Doris Blackburn Building
18 Canberra Ave, Forrest ACT 2603
* [1][email address]
[2]Description: cid:image001.png@01CF8C5E.459B3DD0
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subject to legal or parliamentary privilege. If you are not the intended
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dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
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References
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Dear FOI.LEGAL.TEAM,
My request made using the Right to Know website (not on behalf of the site or its creators) was directed to the Minister. I assume that the FOI address on the Right to Know website is incorrect for the minister.
Would the department hold a copy of the complaints to the minister and responses? If so, perhaps the request can remain with the Department?
Yours sincerely,
Ben Fairless
Dear Mr Fairless,
Thank you for providing clarification regarding your recent Freedom of Information request. We confirm that we will direct your FOI request to the Minister's office.
If the Minister's office believes that any portion of this request should be actioned directly by the department, or the request requires input from the department, a representative of the Minister's office will contact the FOI and Litigation Branch for consultation.
Yours sincerely,
FOI Practitioner
FOI Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
Doris Blackburn Building
18 Canberra Ave, Forrest ACT 2603
-----Original Message-----
From: Ben Fairless [mailto:[FOI #1515 email]]
Sent: Friday, 29 January 2016 3:34 PM
To: FOI.LEGAL.TEAM <[email address]>
Subject: Re: LEX 17297 - Your Freedom of Information Application [SEC=UNCLASSIFIED]
Dear FOI.LEGAL.TEAM,
My request made using the Right to Know website (not on behalf of the site or its creators) was directed to the Minister. I assume that the FOI address on the Right to Know website is incorrect for the minister.
Would the department hold a copy of the complaints to the minister and responses? If so, perhaps the request can remain with the Department?
Yours sincerely,
Ben Fairless
-----Original Message-----
Dear Mr Fairless,
The Department of Human Services (‘the department’) has recently received your Freedom of Information (‘FOI’) request on behalf of the ‘Right to Know’ website.
We write to both acknowledge your request and seek clarification of the documents you seek. We note that your request is currently phrased as
follows:
‘Dear Minister for Human Services,
Can you please provide a copy of any complaints received in relation to the decision to introduce "No Jab, No Pay" legislation? I am happy to exclude duplicates of documents and personally identifiable information.
Can this request be processed administratively? If not, please proceed as a formal FOI request.
Yours faithfully,
Ben Fairless’
The department is currently processing your request in the terms outlined above, as it was received through one of the department’s designated FOI email addresses. However, we note that your request is addressed to the Minister for Human Services. FOI requests that are addressed to the Minister for Human Services are processed by the Minister’s Office. At this stage, we seek clarification on whether you intend for the Minister’s Office to process your FOI request, or whether you intended to direct your request to the department. Please note that if you are seeking documents within the possession of the Minister for Human Services, searches will only extend to records within the Minister’s Office (and will not involve searches within the department).
If it was your intention to make a request to the Minister’s Office, we will assist you by directing your FOI request to the appropriate avenue.
Should you make no further submissions by COB 1 February 2016, we will proceed on the basis that you are seeking documents held by the department, and not the Minister’s Office.
We look forward to receiving your prompt response.
Kind regards,
FOI Practitioner
FOI Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
Doris Blackburn Building
18 Canberra Ave, Forrest ACT 2603
* [1][Minister for Human Services request email]
[2]Description: cid:image001.png@01CF8C5E.459B3DD0
References
Visible links
1. mailto:[Minister for Human Services request email]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1515 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...
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.
-------------------------------------------------------------------
********************************************************************** IMPORTANT: This e-mail is for the use of the intended recipient only and may contain information that is confidential, commercially valuable and/or subject to legal or parliamentary privilege. If you are not the intended recipient you are notified that any review, re-transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this information is prohibited and may result in severe penalties. If you have received this e-mail in error please notify the sender immediately and delete all electronic and hard copies of this transmission together with any attachments. Please consider the environment before printing this e-mail **********************************************************************
Dear Mr Fairless,
We refer to the below email and your recent request for information under the Freedom of Information Act for documents held by the Minister.
You would be aware that we have had a change of Minister. Legally, under s22 of the FOI Act, if the documents requested are not in possession of the Minister, then the FOI Act will have no application as they are no longer official documents of a Minister.
It would be greatly appreciated if you could contact our office as soon as possible to discuss this matter.
Yours sincerely,
FOI Practitioner
FOI Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
Doris Blackburn Building
18 Canberra Ave, Forrest ACT 2603
-----Original Message-----
From: FOI.LEGAL.TEAM
Sent: Tuesday, 2 February 2016 3:45 PM
To: 'Ben Fairless' <[FOI #1515 email]>
Subject: RE: LEX 17297 - Your Freedom of Information Application [SEC=UNCLASSIFIED]
Dear Mr Fairless,
Thank you for providing clarification regarding your recent Freedom of Information request. We confirm that we will direct your FOI request to the Minister's office.
If the Minister's office believes that any portion of this request should be actioned directly by the department, or the request requires input from the department, a representative of the Minister's office will contact the FOI and Litigation Branch for consultation.
Yours sincerely,
FOI Practitioner
FOI Team
FOI and Litigation Branch | Legal Services Division Department of Human Services Doris Blackburn Building
18 Canberra Ave, Forrest ACT 2603
-----Original Message-----
From: Ben Fairless [mailto:[FOI #1515 email]]
Sent: Friday, 29 January 2016 3:34 PM
To: FOI.LEGAL.TEAM <[email address]>
Subject: Re: LEX 17297 - Your Freedom of Information Application [SEC=UNCLASSIFIED]
Dear FOI.LEGAL.TEAM,
My request made using the Right to Know website (not on behalf of the site or its creators) was directed to the Minister. I assume that the FOI address on the Right to Know website is incorrect for the minister.
Would the department hold a copy of the complaints to the minister and responses? If so, perhaps the request can remain with the Department?
Yours sincerely,
Ben Fairless
-----Original Message-----
Dear Mr Fairless,
The Department of Human Services (‘the department’) has recently received your Freedom of Information (‘FOI’) request on behalf of the ‘Right to Know’ website.
We write to both acknowledge your request and seek clarification of the documents you seek. We note that your request is currently phrased as
follows:
‘Dear Minister for Human Services,
Can you please provide a copy of any complaints received in relation to the decision to introduce "No Jab, No Pay" legislation? I am happy to exclude duplicates of documents and personally identifiable information.
Can this request be processed administratively? If not, please proceed as a formal FOI request.
Yours faithfully,
Ben Fairless’
The department is currently processing your request in the terms outlined above, as it was received through one of the department’s designated FOI email addresses. However, we note that your request is addressed to the Minister for Human Services. FOI requests that are addressed to the Minister for Human Services are processed by the Minister’s Office. At this stage, we seek clarification on whether you intend for the Minister’s Office to process your FOI request, or whether you intended to direct your request to the department. Please note that if you are seeking documents within the possession of the Minister for Human Services, searches will only extend to records within the Minister’s Office (and will not involve searches within the department).
If it was your intention to make a request to the Minister’s Office, we will assist you by directing your FOI request to the appropriate avenue.
Should you make no further submissions by COB 1 February 2016, we will proceed on the basis that you are seeking documents held by the department, and not the Minister’s Office.
We look forward to receiving your prompt response.
Kind regards,
FOI Practitioner
FOI Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
Doris Blackburn Building
18 Canberra Ave, Forrest ACT 2603
* [1][Minister for Human Services request email]
[2]Description: cid:image001.png@01CF8C5E.459B3DD0
References
Visible links
1. mailto:[Minister for Human Services request email]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1515 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...
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.
-------------------------------------------------------------------
********************************************************************** IMPORTANT: This e-mail is for the use of the intended recipient only and may contain information that is confidential, commercially valuable and/or subject to legal or parliamentary privilege. If you are not the intended recipient you are notified that any review, re-transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this information is prohibited and may result in severe penalties. If you have received this e-mail in error please notify the sender immediately and delete all electronic and hard copies of this transmission together with any attachments. Please consider the environment before printing this e-mail **********************************************************************
Dear FOI.LEGAL.TEAM,
Happy to make contact. What's the best number to reach you on?
Yours sincerely,
Ben Fairless
Hi Ben
I understand you have my contact details? Happy for you to call when you have a moment.
Look forward to speaking to you.
Kind regards
Dana Sutton
Deputy General Counsel
FOI Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
Doris Blackburn Building
18 Canberra Ave, Forrest ACT 2603
[email address]
Please note: This email may contain in-confidence information or information that is subject to legal professional privilege. If you are not the intended recipient for this email please call the sender on the above contact numbers and delete all copies of the email in your possession without delay or further distribution.
-----Original Message-----
From: Ben Fairless [mailto:[FOI #1515 email]]
Sent: Thursday, 18 February 2016 2:31 PM
To: FOI.LEGAL.TEAM <[email address]>
Subject: RE: LEX 17297 - Your Freedom of Information Application [SEC=UNCLASSIFIED]
Dear FOI.LEGAL.TEAM,
Happy to make contact. What's the best number to reach you on?
Yours sincerely,
Ben Fairless
-----Original Message-----
Dear Mr Fairless,
We refer to the below email and your recent request for information under the Freedom of Information Act for documents held by the Minister.
You would be aware that we have had a change of Minister. Legally, under s22 of the FOI Act, if the documents requested are not in possession of the Minister, then the FOI Act will have no application as they are no longer official documents of a Minister.
It would be greatly appreciated if you could contact our office as soon as possible to discuss this matter.
Yours sincerely,
FOI Practitioner
FOI Team
FOI and Litigation Branch | Legal Services Division Department of Human Services Doris Blackburn Building
18 Canberra Ave, Forrest ACT 2603
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1515 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...
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.
-------------------------------------------------------------------
********************************************************************** IMPORTANT: This e-mail is for the use of the intended recipient only and may contain information that is confidential, commercially valuable and/or subject to legal or parliamentary privilege. If you are not the intended recipient you are notified that any review, re-transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this information is prohibited and may result in severe penalties. If you have received this e-mail in error please notify the sender immediately and delete all electronic and hard copies of this transmission together with any attachments. Please consider the environment before printing this e-mail **********************************************************************
Dear Dana,
I tried to call you earlier in the day. I'm not available today, but can call you tomorrow.
Yours sincerely,
Ben Fairless
Dear Dana,
Please withdraw this request. I'll submit a request to the Department instead of the Minister.
Yours sincerely,
Ben Fairless
Dear Mr Fairless,
Thank you for your email confirming that your FOI request to the
Minister's Office has now been withdrawn.
I confirm that your new FOI request to the department has been received
and that we will send a formal acknowledgment shortly. We may need to
clarify the time period/scope of your request.
Sincerely,
Sam McGregor
FOI Practitioner
FOI Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
-----Original Message-----
From: Ben Fairless [mailto:[FOI #1515 email]]
Sent: Monday, 22 February 2016 4:16 PM
To: FOI.LEGAL.TEAM <[email address]>
Subject: RE: LEX 17297 - Your Freedom of Information Application
[SEC=UNCLASSIFIED]
Dear Dana,
Please withdraw this request. I'll submit a request to the Department
instead of the Minister.
Yours sincerely,
Ben Fairless
**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************