Conduct of functions of OAIC from 1 January 2015
Dear Office of the Australian Information Commissioner,
This is an application under the Freedom of Information Act for documents concerning discussions with the Attorney General's Department about the conduct of OAIC functions from 1 January 2015 including proposals put to or received from the Department concerning funding and staffing, and any agreement or understanding reached on these and related matters.
In the Senate Estimates hearing on 11 December 2014 AGD FAS Matt Minogue told the Committee the Department was "in discussions" with Professor McMillan as to how best to deal with the consequences arising from the fact that the Freedom of Information Amendment (New Arrangements) Bill had not been considered by the Senate before it adjourned for the year.
Mr Minogue also said "we are in discussion with Professor McMillan" about the best way to deal with external review mechanisms "given that it is not just the interests of the department or the office but the interests of applicants as well. And those conversations are continuing." He later referred to ongoing discussions about the retention of surplus funds held by the Office as at 31 December 2014.
Please treat this application as an administrative request if practicable.
Otherwise if dealing with the application as a formal request involves more than five hours processing time, I seek waiver of charges on the grounds that disclosing the documents would be in the public interest.
The office is a key element in the Freedom of Information framework and in the exercise of citizen rights conferred by the act.The OAIC describes the information commissioner functions as "designed to ensure maximum coordination, efficiency and transparency in government information policy and practice."
Disclosure of documents concerning discussion about the conduct of these functions would advance public debate on this topic of current importance.
My address for service is the website used to lodge this application.
Yours faithfully,
Peter Timmins
Dear Mr Timmins,
Thank you for your email, received by the OAIC on 28 January 2015.
I will contact you within the next few days to confirm whether your request for documents can be treated as an administrative request.
Kind regards
Rocelle Ago | Assistant Director | Dispute Resolution
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5128 SYDNEY NSW 2001| www.oaic.gov.au
Phone: +61 2 9284 9621 | E-mail: [email address]
Dear Mr Timmins,
Further to my email below, we are treating your request as a request for
access to documents under s 15 of the Freedom of Information Act 1982
(Cth)(the FOI Act).
You are seeking access to:
documents concerning discussions with the Attorney General's Department
about the conduct of OAIC functions from 1 January 2015 including
proposals put to or received from the Department concerning funding and
staffing, and any agreement or understanding reached on these and related
matters.
Timeframes for dealing with your request
Section 15 of the FOI Act requires that we process your request no later
than 30 days after the day on which we received your request. However,
section 15(6) of the FOI Act allows us a further 30 days in situations
where we need to consult with third parties about certain information,
such as business documents or documents affecting their personal privacy.
As we received your request on 28 January 2015, we must process your
request by 27 February 2015. However, if we are required to consult with
third parties, we must finalise your request by 29 March 2015.
If you would like to discuss this matter, please contact me on the details
(02) 9284 9621 or by email at [1][email address].
Rocelle Ago | Assistant Director | Dispute Resolution
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5128 SYDNEY NSW 2001| [2]www.oaic.gov.au
Phone: +61 2 9284 9621 | E-mail: [3][email address]
Important update: The Freedom of Information Amendment (New Arrangements)
Bill 2014 which proposes to close the OAIC on 31 December 2014 was not
passed by the Australian Parliament before the end of the 2014 sitting
period. The OAIC will therefore remain operational until further notice.
For further information see the [4]OAIC website.
Dear Mr Timmins
We refer to your FOI request received by the OAIC on 28 January 2015.
We endeavoured to contact you by telephone today to discuss your FOI
request.
We request your agreement to extend the processing period to process your
FOI request. As you may be aware, s 15AA of the FOI Act provides that an
agency may extend the processing period by up to 30 days if the applicant
agrees in writing.
The decision is due to be provided to you on Friday 27 February 2015.
Given the current limited resources available to the OAIC to process your
FOI request, we are seeking your agreement to extend the processing period
to 13 March 2015. We would be grateful if you could advise us in writing
whether you agree to this extension.
I will be out of the office on Thursday 26 February and Friday 27 February
2015. If you have any questions, please contact Ms Karen Toohey, Assistant
Commissioner at [1][email address] in my absence.
Kind regards
Rocelle Ago | Assistant Director | Dispute Resolution
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5128 SYDNEY NSW 2001| [2]www.oaic.gov.au
Phone: +61 2 9284 9621 | E-mail: [3][email address]
Important update: The Freedom of Information Amendment (New Arrangements)
Bill 2014 which proposes to close the OAIC on 31 December 2014 was not
passed by the Australian Parliament before the end of the 2014 sitting
period. The OAIC will therefore remain operational until further notice.
For further information see the [4]OAIC website.
References
Visible links
1. mailto:[email address]
2. http://www.oaic.gov.au/
3. mailto:[email address]
4. http://www.oaic.gov.au/news-and-events/s...
Dear Mr Timmins
As discussed thank you for your agreement to an extension of time of two
weeks until 13 March 2015 to respond to your FOI request.
I also confirm that you have agreed to refining the scope of the request
to documents created on or after 30 September 2014.
Thank you for your assistance with this.
Regards
Karen Toohey
Karen Toohey | Assistant Commissioner
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street Sydney NSW 2001
GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au
Phone +61 2 9284 9894 | Fax +61 2 9284 9723
[2][email address]
References
Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
Dear Mr Timmins,
As discussed, thank you for your agreement to a further extension of time
to process your FOI request by 1 week. With the extension, the OAIC must
now make a decision on the request by Friday 20 March 2015.
Kind regards,
Rocelle Ago | Assistant Director | Dispute Resolution
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5128 SYDNEY NSW 2001| [1]www.oaic.gov.au
Phone: +61 2 9284 9621 | E-mail: [2][email address]
Important update: The Freedom of Information Amendment (New Arrangements)
Bill 2014 which proposes to close the OAIC on 31 December 2014 was not
passed by the Australian Parliament before the end of the 2014 sitting
period. The OAIC will therefore remain operational until further notice.
For further information see the [3]OAIC website.
References
Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
3. http://www.oaic.gov.au/news-and-events/s...
Dear Rocelle Ago,Yes extension confirmed. I'm aware of the extraordinary pressures you operate under that are no fault of the OAIC
Yours sincerely,
Peter Timmins
Dear Mr Timmins,
As discussed this morning, I confirm that you have revised the scope of
your request to exclude the names and direct contact details of non-SES
officers and the direct contact details of SES officers.
Thank you very much for your patience and co-operation.
Kind regards
Rocelle Ago | Assistant Director | Dispute Resolution
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5128 SYDNEY NSW 2001| [1]www.oaic.gov.au
Phone: +61 2 9284 9621 | E-mail: [2][email address]
Important update: The Freedom of Information Amendment (New Arrangements)
Bill 2014 which proposes to close the OAIC on 31 December 2014 was not
passed by the Australian Parliament before the end of the 2014 sitting
period. The OAIC will therefore remain operational until further notice.
For further information see the [3]OAIC website.
References
Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
3. http://www.oaic.gov.au/news-and-events/s...
Dear Mr Timmins
Further to my email below, I confirm that you have revised the scope of
your request to exclude attachments to two documents (documents 61 and 64)
which are excel spreadsheets outlining OAIC assets.
Thank you very much for your patience and cooperation.
Kind regards
Rocelle Ago | Assistant Director | Dispute Resolution
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5128 SYDNEY NSW 2001| [1]www.oaic.gov.au
Phone: +61 2 9284 9621 | E-mail: [2][email address]
Important update: The Freedom of Information Amendment (New Arrangements)
Bill 2014 which proposes to close the OAIC on 31 December 2014 was not
passed by the Australian Parliament before the end of the 2014 sitting
period. The OAIC will therefore remain operational until further notice.
For further information see the [3]OAIC website.
Dear Mr Timmins
Please find attached the decision, schedule and relevant documents in
relation to your request.
Kind regards
Rocelle Ago | Assistant Director | Dispute Resolution
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5128 SYDNEY NSW 2001| [1]www.oaic.gov.au
Phone: +61 2 9284 9621 | E-mail: [2][email address]
Important update: The Freedom of Information Amendment (New Arrangements)
Bill 2014 which proposes to close the OAIC on 31 December 2014 was not
passed by the Australian Parliament before the end of the 2014 sitting
period. The OAIC will therefore remain operational until further notice.
For further information see the [3]OAIC website.
References
Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
3. http://www.oaic.gov.au/news-and-events/s...