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]

-----Original Message-----
From: Peter Timmins [mailto:[FOI #892 email]]
Sent: Wednesday, 28 January 2015 4:28 PM
To: FOI
Subject: EN15/01275 Freedom of Information request - 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

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #892 email]

Is [OAIC request email] the wrong address for Freedom of Information requests to Office of the Australian Information Commissioner? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...

Write your response as plain text. Only send PDF documents as a last resort. Government guidelines make it clear that PDF is not an acceptable format for you to use in the delivery of government information.
https://www.righttoknow.org.au/help/offi...

The Freedom of Information Commissioner has recommended that agencies accept requests from Right to Know as valid for the purpose of s.15(2)(c) of the Freedom of Information Act. See https://www.righttoknow.org.au/assets/OA... for details of the OAIC decision.

Disclaimer: This message and any reply that you make will be automatically published on the internet. Our privacy and copyright policies:
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.

-------------------------------------------------------------------

**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************

hide quoted sections

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.
 
 
-----Original Message-----
From: Rocelle Ago
Sent: Monday, 2 February 2015 3:25 PM
To: 'Peter Timmins'
Subject: RE: EN15/01275 Freedom of Information request - Conduct of
functions of OAIC from 1 January 2015 [SEC=UNCLASSIFIED]
 
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| [5]www.oaic.gov.au
Phone:  +61 2 9284 9621 | E-mail: [6][email address]
 
 
 
-----Original Message-----
From: Peter Timmins
[[7]mailto:[FOI #892 email]]
Sent: Wednesday, 28 January 2015 4:28 PM
To: FOI
Subject: EN15/01275 Freedom of Information request - 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
 
-------------------------------------------------------------------
 
Please use this email address for all replies to this request:
[8][FOI #892 email]
 
Is [9][OAIC request email] the wrong address for Freedom of Information
requests to Office of the Australian Information Commissioner? If so,
please contact us using this form:
[10]https://www.righttoknow.org.au/change_re...
 
Write your response as plain text. Only send PDF documents as a last
resort. Government guidelines make it clear that PDF is not an acceptable
format for you to use in the delivery of government information.
[11]https://www.righttoknow.org.au/help/offi...
 
The Freedom of Information Commissioner has recommended that agencies
accept requests from Right to Know as valid for the purpose of s.15(2)(c)
of the Freedom of Information Act. See
[12]https://www.righttoknow.org.au/assets/OA... for details of
the OAIC decision.
 
Disclaimer: This message and any reply that you make will be automatically
published on the internet. Our privacy and copyright policies:
[13]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.
 
 
-------------------------------------------------------------------
 
 

**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************

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...
5. http://www.oaic.gov.au/
6. mailto:[email address]
7. mailto:[FOI #892 email]
8. mailto:[FOI #892 email]
9. mailto:[OAIC request email]
10. https://www.righttoknow.org.au/change_re...
11. https://www.righttoknow.org.au/help/offi...
12. https://www.righttoknow.org.au/assets/OA...
13. https://www.righttoknow.org.au/help/offi...

hide quoted sections

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.
 
 
 

**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************

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...

hide quoted sections

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]
 
 

**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************

References

Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]

hide quoted sections

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.
 
 
 

**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************

References

Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
3. http://www.oaic.gov.au/news-and-events/s...

hide quoted sections

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.
 
 
 

**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************

References

Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
3. http://www.oaic.gov.au/news-and-events/s...

hide quoted sections

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.
 
 
 
 
_____________________________________________
From: Rocelle Ago
Sent: Wednesday, 18 March 2015 11:11 AM
To: Peter Timmins ([FOI #892 email])
Subject: FOIREQ15/00006: Revised scope [SEC=UNCLASSIFIED]
 
 
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| [4]www.oaic.gov.au
Phone:  +61 2 9284 9621 | E-mail: [5][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 [6]OAIC website.
 
 
 

**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************

References

Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
3. http://www.oaic.gov.au/news-and-events/s...
4. http://www.oaic.gov.au/
5. mailto:[email address]
6. http://www.oaic.gov.au/news-and-events/s...

hide quoted sections

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.

**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************

References

Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
3. http://www.oaic.gov.au/news-and-events/s...

hide quoted sections