Thank you for emailing ACAT. We will respond to your email correspondence
within 2 business days.

-----------------------------------------------------------------------
This email, and any attachments, may be confidential and also privileged.
If you are not the intended recipient, please notify the sender and delete
all copies of this transmission along with any attachments immediately.
You should not copy or use it for any purpose, nor disclose its contents
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-----------------------------------------------------------------------

hide quoted sections

OFFICIAL

Good afternoon Karen

I refer to your below email requesting information and I confirm that the
ACT Government processes requests under the Freedom of Information Act
2016 (the Act).

I note your extensive scope and wish to advise that in its current form,
it is too broad to process and would constitute an unreasonable diversion
of resources per section 44 of the Act.

Additionally, please note that per Schedule 1 section 1.1A of the Act,
information held by a court or tribunal is not for release unless it is
administrative in nature:

1.1A Information in possession of a court or tribunal

 (1)  Information in the possession of a court or tribunal unless the
information is administrative in nature.

 (2)  In this section:

court includes—

(a) a registry or other office of a court or tribunal; and

(b) the staff of the registry or office.

To enable JACS to process this request, please provide an amended scope
taking into consideration the above factors. Please feel free to contact
the FOI team should you require assistance.

Kind regards,

Freedom of Information

Justice and Community Safety Directorate

Governance, Coordination and Reporting

[1][email address]

GPO Box 158 Canberra ACT 2601

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

-----Original Message-----

From: Karen <[2][FOI #10668 email]>

Sent: Thursday, 7 September 2023 2:11 PM

To: ACAT Tribunal <[3][email address]>

Subject: Freedom of Information request - Construction Industry

[You don't often get email from
[4][FOI #10668 email]. Learn why this is
important at [5]https://aka.ms/LearnAboutSenderIdentific... ]

Caution: This email originated from outside of the ACT Government. Do not
click links or open attachments unless you recognise the sender and know
the content is safe. Learn why this is
important<[6]http://www.act.gov.au/emailsecurity>

Dear ACT Civil And Administrative Tribunal,

Pursuant to the Freedom of Information Act 1989 (ACT), and/or Freedom of
Information Act 1982 I request the following documents from the period 01
January 2021 through 07 September 2023:

All documents containing the terms “rectification” and “nominee”;

All documents containing the terms “rectification” and “builder”;

All documents containing the terms “rectification” and “engineer”;

All documents containing the terms “rectification” and “certifier”;

All documents containing the term “rectification” and “liability”;

All documents containing the terms “bankrupt”, and “nominee”;

All documents containing the terms “builder” “builders” and “liable”;

All documents containing the terms “bankrupt” “bankruptcy” and “builder”;

All documents contained the terms “ “bankrupt” “bankruptcy” and
“construction”;

All documents contained the terms “construction” and “digital”;

All documents contained the terms “pro-prosecution” “pro prosecution” and
“construction”;

All documents contained the terms “pro-prosecution” “pro prosecution” and
“nominee”;

All documents contained the terms “pro-prosecution” “pro prosecution” and
“builder”;

The reference to ‘all documents’ includes paper records as well as
electronic data or otherwise, including, but not limited to:

Emails;

Text messages;

Signal messages;

Telegram messages;

WhatsApp messages;

Skype messages;

Messages on any other platform, including internal messaging systems

Letters;

Internal and third party recommendations;

Submissions;

Guidelines;

Proposals;

Memoranda;

Minutes, notes or other records of meetings or conversations.

Thank you

Dated: 7 September 2023

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

Please use this email address for all replies to this request:

[7][FOI #10668 email]

Is [8][ACT Civil And Administrative Tribunal request email] the wrong address for Freedom of Information
requests to ACT Civil And Administrative Tribunal? If so, please contact
us using this form:

[9]https://www.righttoknow.org.au/change_re...

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:

[10]https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will
be delayed.

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.

-----------------------------------------------------------------------
This email, and any attachments, may be confidential and also privileged.
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to any other person.
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References

Visible links
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2. mailto:[FOI #10668 email]
3. mailto:[email address]
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5. https://aka.ms/LearnAboutSenderIdentific...
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hide quoted sections

Thank you for contacting the ACT Justice and Community Safety Directorate
FOI team.

Please note that this is an automated response to confirm that your email
has been received.

If you wish to lodge a request for access to documents under the Freedom
of Information Act 2016 (FOI Act) please ensure that your request is in
writing, stating that it is an application for the purposes of the FOI
Act, and providing sufficient details for describing the documents you
wish to access. If you are requesting personal information about yourself
then please ensure you enclose a copy of your photographic identification.

The JACS FOI will acknowledge your request in accordance with the
legislative requirements of the Act.

The FOI team can be contacted on 02 6207 2167

-----------------------------------------------------------------------
This email, and any attachments, may be confidential and also privileged.
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all copies of this transmission along with any attachments immediately.
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-----------------------------------------------------------------------

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OFFICIAL

Good morning Karen

I confirm that I provided the updated scope to ACAT and received the
following advice: "as it stands, ACAT would have to investigate the
content of over 4,000 files to determine if a document might fall under
this request" and note this scope would still constitute an unreasonable
diversion of resources.

I have been requested to query whether you are able to specify a
case/matter that you are looking for information on to enable the
directorate to process this request?

In regards to the second part of the request: "I am particularly
interested in internal documents regarding the statute of limitations for
builders/nominees and that for trades, and any internal documents
regarding the interpretation/application of legislation in such cases by
ACAT", ACAT confirmed this information may be found in published decisions
relevant to the request
[1]https://www.acat.act.gov.au/decisions2/s..., or legislation
on the ACT Legislation Register [2]https://www.legislation.act.gov.au/.

Kind regards,

Freedom of Information

Justice and Community Safety Directorate

Governance, Coordination and Reporting

[3][email address]

GPO Box 158 Canberra ACT 2601

-----Original Message-----
From: Karen <[FOI #10668 email]>
Sent: Saturday, September 16, 2023 11:00 AM
To: JACS FOI <[email address]>
Subject: RE: Freedom of Information request - Construction Industry

Caution: This email originated from outside of the ACT Government. Do not
click links or open attachments unless you recognise the sender and know
the content is safe. Learn why this is
important<[4]http://www.act.gov.au/emailsecurity>

Dear JACS FOI,

Please provide internal documents (correspondence, memos, minutes,
policies etc) dated 1 July 2021 to 30 June 2023 related to rectification
orders of specialised trade work (ie plumbing, electrical, structural
engineer etc) issued to builders and/or nominees and the statute of
limitations for liability.

I am particularly interested in internal documents regarding the statute
of limitations for builders/nominees and that for trades, and any internal
documents regarding the interpretation/application of legislation in such
cases by ACAT.

Karen

-----Original Message-----

OFFICIAL

Good afternoon Karen

I refer to your below email requesting information and I confirm that the

ACT Government processes requests under the Freedom of Information Act

2016 (the Act).

I note your extensive scope and wish to advise that in its current form,

it is too broad to process and would constitute an unreasonable diversion

of resources per section 44 of the Act.

Additionally, please note that per Schedule 1 section 1.1A of the Act,

information held by a court or tribunal is not for release unless it is

administrative in nature:

1.1A Information in possession of a court or tribunal

  (1)  Information in the possession of a court or tribunal unless the

information is administrative in nature.

  (2)  In this section:

court includes—

(a) a registry or other office of a court or tribunal; and

(b) the staff of the registry or office.

To enable JACS to process this request, please provide an amended scope

taking into consideration the above factors. Please feel free to contact

the FOI team should you require assistance.

Kind regards,

Freedom of Information

Justice and Community Safety Directorate

Governance, Coordination and Reporting

[1][email address]

GPO Box 158 Canberra ACT 2601

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

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

Please use this email address for all replies to this request:

[5][FOI #10668 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:

[6]https://aus01.safelinks.protection.outlo...

Please note that in some cases publication of requests and responses will
be delayed.

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.

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

-----------------------------------------------------------------------
This email, and any attachments, may be confidential and also privileged.
If you are not the intended recipient, please notify the sender and delete
all copies of this transmission along with any attachments immediately.
You should not copy or use it for any purpose, nor disclose its contents
to any other person.
-----------------------------------------------------------------------

References

Visible links
1. https://www.acat.act.gov.au/decisions2/s...
2. https://www.legislation.act.gov.au/
3. mailto:[email address]
4. http://www.act.gov.au/emailsecurity
5. mailto:[FOI #10668 email]
6. https://www.righttoknow.org.au/help/offi...

hide quoted sections

OFFICIAL

Good afternoon Karen

Please see attached correspondence.

Kind regards,
Freedom of Information
Justice and Community Safety Directorate
Governance, Coordination and Reporting
[email address]
GPO Box 158 Canberra ACT 2601

-----Original Message-----
From: Karen <[FOI #10668 email]>
Sent: Wednesday, October 4, 2023 7:13 PM
To: JACS FOI <[email address]>
Subject: RE: Freedom of Information request - Construction Industry

Caution: This email originated from outside of the ACT Government. Do not click links or open attachments unless you recognise the sender and know the content is safe. Learn why this is important<http://www.act.gov.au/emailsecurity>

Dear JACS FOI,

To narrow the scope even further for ACAT, please provide all INTERNAL emails and memos from 1 July 2021 to 30 June 2023 with the words "rectification"; "builder" (and/or "nominee") and "statute of limitations"(OR its internal abbreviation).

Thank you for referring me to the ACAT website to review ACAT's self-generated case law, however my request was for INTERNAL documents - (minutes/emails/memos etc).

Thank you in advance.

Yours sincerely,

Karen

-----Original Message-----

OFFICIAL

Good morning Karen

I confirm that I provided the updated scope to ACAT and received the

following advice: "as it stands, ACAT would have to investigate the

content of over 4,000 files to determine if a document might fall under

this request" and note this scope would still constitute an unreasonable

diversion of resources.

I have been requested to query whether you are able to specify a

case/matter that you are looking for information on to enable the

directorate to process this request?

In regards to the second part of the request: "I am particularly

interested in internal documents regarding the statute of limitations for

builders/nominees and that for trades, and any internal documents

regarding the interpretation/application of legislation in such cases by

ACAT", ACAT confirmed this information may be found in published decisions

relevant to the request

[1]https://www.acat.act.gov.au/decisions2/s..., or legislation

on the ACT Legislation Register [2]https://www.legislation.act.gov.au/.

Kind regards,

Freedom of Information

Justice and Community Safety Directorate

Governance, Coordination and Reporting

[3][email address]

GPO Box 158 Canberra ACT 2601

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

Please use this email address for all replies to this request:

[FOI #10668 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...

Please note that in some cases publication of requests and responses will be delayed.

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.

-------------------------------------------------------------------
-----------------------------------------------------------------------
This email, and any attachments, may be confidential and also privileged. If you are not the intended recipient, please notify the sender and delete all copies of this transmission along with any attachments immediately. You should not copy or use it for any purpose, nor disclose its contents to any other person.
-----------------------------------------------------------------------

hide quoted sections

OFFICIAL

Good afternoon

I refer to your below email. Per the notice of intention to refuse, ACT Courts and Tribunal determined that upwards of 4000 files would need to be individually reviewed to identify if they hold any relevant information within scope of your request. You were advised that the work required to collate, examine the information, and consult the relevant third parties would be an unreasonable and substantial diversion of resources. ACTCT and the JACS FOI team's ability to perform its functions would be severely inhibited and the public interest would be advanced enough to justify such a diversion.

Please note you have the opportunity to submit an amended application or any additional information that would address the concerns outlined in the notice of intention to refuse up to COB 14 November 2023.

Kind regards,
Freedom of Information
Justice and Community Safety Directorate
Governance, Coordination and Reporting
[email address]
GPO Box 158 Canberra ACT 2601

-----Original Message-----
From: Karen <[FOI #10668 email]>
Sent: Thursday, November 2, 2023 2:26 PM
To: JACS FOI <[email address]>
Subject: Re: JACS Response: Freedom of Information request - Construction Industry

Caution: This email originated from outside of the ACT Government. Do not click links or open attachments unless you recognise the sender and know the content is safe. Learn why this is important<http://www.act.gov.au/emailsecurity>

Dear JACS FOI,

The "scope" of my request has been narrowed at your request, twice now.

If there are 4,000 files of "INTERNAL emails and memos from 1 July 2021 to 30 June 2023 with the words "rectification"; "builder" (and/or "nominee") and "statute of limitations"(OR its internal abbreviation)" I request access to all of them.

Public trust in institutions that purport to wield judicial power, particularly when it relates to challenges to orders made by the ACT government is fundamental to retaining judicial legitimacy and avoiding apprehended bias. I refer to the ALRC Commission's Review of Judicial Impartiality, and quote:

"Australian courts have long recognised that "[t]he public is entitled to expect that issues determined by judges and other public office holders should be decided, among other things, free of prejudice and without bias".

The ALRC Background Paper J17 further states:

"The test for apprehended bias in Australia is: whether, in all the circumstances, a fair-minded lay observer with knowledge of the material objective facts 'might entertain a reasonable apprehension that [the judge] might not bring an impartial and unprejudiced mind to the resolution of the question'.".

ACAT is a judicial institution formed by the ACT Government (albeit questionably - see Part IV, s 23 (2) of the Canberra Act 1988), managed by the ACT Government, whose sole oversight is again, the ACT Government, who apparently has been granted the authority to adjudicate orders made by that same Government against members of the public.

Furthermore, those same members of the public are essentially required to use ACAT as their first recourse in challenging a Government order made against them.

Could any fair minded observer honestly assert that this has any semblance of judicial impartiality?

Perhaps even more disturbing is rather than take steps to provide MORE transparency, and reassure members of the public it has nothing to hide, ACAT has chosen to instead pull out their Government Issued "Get Out of Jail Free (for now) Card - aka as the "unreasonable and substantial diversion of resources" excuse.

This only serves to increase the lack of trust and growing cynicism as to ACAT's real function and role - to rubber stamp any and all legislation and orders the Canberra Regime dictates.

Disclosure of the requested materials is in the public interest - I can assure you that the entirety of builders and tradies in the Construction Industry in Canberra would take no issue with their taxes being used by ACAT to provide the requested materials.

Moreover, the "resources" ACAT will expend providing this narrow request is likely to be substantially less than if this request is denied and the issue needs to be escalated.

I look forward to receiving the requested materials.

Karen

-----Original Message-----

OFFICIAL

Good afternoon Karen

Please see attached correspondence.

Kind regards,

Freedom of Information

Justice and Community Safety Directorate

Governance, Coordination and Reporting

[email address]

GPO Box 158 Canberra ACT 2601

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

Please use this email address for all replies to this request:

[FOI #10668 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...

Please note that in some cases publication of requests and responses will be delayed.

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.

-------------------------------------------------------------------
-----------------------------------------------------------------------
This email, and any attachments, may be confidential and also privileged. If you are not the intended recipient, please notify the sender and delete all copies of this transmission along with any attachments immediately. You should not copy or use it for any purpose, nor disclose its contents to any other person.
-----------------------------------------------------------------------

hide quoted sections

OFFICIAL

Dear Karen

Thank you for your email of 3 November 2023 regarding your Freedom of
Information request.

Your email has been forwarded to us for a response.

As advised in the notice of intention to refuse and further
correspondence, the consultation period will end on 14 November 2023. You
have the opportunity to submit an amended application or any additional
information that would address the concerns outlined in the notice of
intention to refuse to enable the directorate to process the application.
If you choose not to do so, the information officer will provide you with
the decision notice after the consultation period concludes.

Per Part 8 of the Freedom of Information Act 2016, you may then seek an
ACT Ombudsman review of this decision. After the ACT Ombudsman makes a
decision under section 82 (2), you may apply to the ACAT for review of the
Ombudsman decision.

Kind regards

People and Governance team

-----Original Message-----

From: Karen <[1][FOI #10668 email]>

Sent: Friday, November 3, 2023 6:51 PM

To: ACAT Tribunal <[2][email address]>

Subject: Internal review of Freedom of Information request - Construction
Industry

[You don't often get email from
[3][FOI #10668 email]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]

Caution: This email originated from outside of the ACT Government. Do not
click links or open attachments unless you recognise the sender and know
the content is safe. Learn why this is
important<[5]http://www.act.gov.au/emailsecurity>

Dear ACT Civil And Administrative Tribunal,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of ACT Civil And Administrative
Tribunal's handling of my FOI request 'Construction Industry'.

I have narrowed the scope of my original request twice now, and for the
reasons set out in my most recent correspondence (accessible at the link
below), the review of 4,000 docuemtns is an important and necessary
expenditure of tax payer resources.

The full history of my FOI request and all correspondence is available on
the Internet at this address:
[6]https://www.righttoknow.org.au/request/c...

Karen

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

Please use this email address for all replies to this request:

[7][FOI #10668 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:

[8]https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will
be delayed.

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.

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

-----------------------------------------------------------------------
This email, and any attachments, may be confidential and also privileged.
If you are not the intended recipient, please notify the sender and delete
all copies of this transmission along with any attachments immediately.
You should not copy or use it for any purpose, nor disclose its contents
to any other person.
-----------------------------------------------------------------------

References

Visible links
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2. mailto:[email address]
3. mailto:[FOI #10668 email]
4. https://aka.ms/LearnAboutSenderIdentific...
5. http://www.act.gov.au/emailsecurity
6. https://www.righttoknow.org.au/request/c...
7. mailto:[FOI #10668 email]
8. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Thank you for your email to the Governance Team at the ACT Courts and
Tribunal.   

The ACT Courts and Tribunal includes the ACT Court of Appeal, Supreme
Court, ACT Magistrates Court, ACT Coroners Court, ACT Childrens Court and
the ACT Civil and Administrative Tribunal known as ACAT. Information about
the ACT Courts and Tribunal can be found at [1]www.courts.act.gov.au and
[2]www.acat.act.gov.au .

-----------------------------------------------------------------------
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References

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2. http://www.acat.act.gov.au/

hide quoted sections

Good morning Karen

I confirm the consultation period has ended. Please see attached the decision notice.

Kind regards,
Freedom of Information
Justice and Community Safety Directorate
Governance, Coordination and Reporting
[email address]
GPO Box 158 Canberra ACT 2601

-----Original Message-----
From: JACS FOI <[email address]>
Sent: Friday, November 3, 2023 5:19 PM
To: Karen <[FOI #10668 email]>
Subject: RE: JACS Response: Freedom of Information request - Construction Industry

OFFICIAL

Good afternoon

I refer to your below email. Per the notice of intention to refuse, ACT Courts and Tribunal determined that upwards of 4000 files would need to be individually reviewed to identify if they hold any relevant information within scope of your request. You were advised that the work required to collate, examine the information, and consult the relevant third parties would be an unreasonable and substantial diversion of resources. ACTCT and the JACS FOI team's ability to perform its functions would be severely inhibited and the public interest would be advanced enough to justify such a diversion.

Please note you have the opportunity to submit an amended application or any additional information that would address the concerns outlined in the notice of intention to refuse up to COB 14 November 2023.

Kind regards,
Freedom of Information
Justice and Community Safety Directorate Governance, Coordination and Reporting [email address] GPO Box 158 Canberra ACT 2601

-----Original Message-----
From: Karen <[FOI #10668 email]>
Sent: Thursday, November 2, 2023 2:26 PM
To: JACS FOI <[email address]>
Subject: Re: JACS Response: Freedom of Information request - Construction Industry

Caution: This email originated from outside of the ACT Government. Do not click links or open attachments unless you recognise the sender and know the content is safe. Learn why this is important<http://www.act.gov.au/emailsecurity>

Dear JACS FOI,

The "scope" of my request has been narrowed at your request, twice now.

If there are 4,000 files of "INTERNAL emails and memos from 1 July 2021 to 30 June 2023 with the words "rectification"; "builder" (and/or "nominee") and "statute of limitations"(OR its internal abbreviation)" I request access to all of them.

Public trust in institutions that purport to wield judicial power, particularly when it relates to challenges to orders made by the ACT government is fundamental to retaining judicial legitimacy and avoiding apprehended bias. I refer to the ALRC Commission's Review of Judicial Impartiality, and quote:

"Australian courts have long recognised that "[t]he public is entitled to expect that issues determined by judges and other public office holders should be decided, among other things, free of prejudice and without bias".

The ALRC Background Paper J17 further states:

"The test for apprehended bias in Australia is: whether, in all the circumstances, a fair-minded lay observer with knowledge of the material objective facts 'might entertain a reasonable apprehension that [the judge] might not bring an impartial and unprejudiced mind to the resolution of the question'.".

ACAT is a judicial institution formed by the ACT Government (albeit questionably - see Part IV, s 23 (2) of the Canberra Act 1988), managed by the ACT Government, whose sole oversight is again, the ACT Government, who apparently has been granted the authority to adjudicate orders made by that same Government against members of the public.

Furthermore, those same members of the public are essentially required to use ACAT as their first recourse in challenging a Government order made against them.

Could any fair minded observer honestly assert that this has any semblance of judicial impartiality?

Perhaps even more disturbing is rather than take steps to provide MORE transparency, and reassure members of the public it has nothing to hide, ACAT has chosen to instead pull out their Government Issued "Get Out of Jail Free (for now) Card - aka as the "unreasonable and substantial diversion of resources" excuse.

This only serves to increase the lack of trust and growing cynicism as to ACAT's real function and role - to rubber stamp any and all legislation and orders the Canberra Regime dictates.

Disclosure of the requested materials is in the public interest - I can assure you that the entirety of builders and tradies in the Construction Industry in Canberra would take no issue with their taxes being used by ACAT to provide the requested materials.

Moreover, the "resources" ACAT will expend providing this narrow request is likely to be substantially less than if this request is denied and the issue needs to be escalated.

I look forward to receiving the requested materials.

Karen

-----Original Message-----

OFFICIAL

Good afternoon Karen

Please see attached correspondence.

Kind regards,

Freedom of Information

Justice and Community Safety Directorate

Governance, Coordination and Reporting

[email address]

GPO Box 158 Canberra ACT 2601

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

Please use this email address for all replies to this request:

[FOI #10668 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...

Please note that in some cases publication of requests and responses will be delayed.

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.

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

-----------------------------------------------------------------------
This email, and any attachments, may be confidential and also privileged. If you are not the intended recipient, please notify the sender and delete all copies of this transmission along with any attachments immediately. You should not copy or use it for any purpose, nor disclose its contents to any other person.
-----------------------------------------------------------------------

hide quoted sections