Contract: CN3566971
Dear Australian Trade Commission,
I wish to obtain a copy of the contract between Austrade and CLEMENGER BBDO (SYDNEY) PTY LTD; in association with Cth tender ID CN3566971.
Given the unusually amount spent for a govt tender of this nature, ($3.3M) I ask that public interest in transparency regarding this contract be recognised; and the usually applicable FOI fees be waived in this instance.
Yours faithfully,
John Smith
OFFICIAL
Dear Mr. Smith
Re: Freedom of Information (FOI) Request
Thank you for your e-mail dated 21 May 2020 that you generated through the righttoknow.org.au website. You have sought access under the Freedom of Information Act 1982 to a copy of the contract between the Australian Trade and Investment Commission (Austrade) and CLEMENGER BBDO (SYDNEY) PTY LTD associated with AusTender ID CN3566971 (the “Contract”).
This e-mail sets out some information about how your request will be processed by Austrade.
Scope of request
We have conducted an initial analysis of your request and retrieved the Contract.
Timeframe for receiving our decision
We received your request on 21 May 2020 and the 30-day statutory period for processing your request commenced from the day after that date. You should therefore expect a decision from us by 22 June 2020.
However, the period of 30 days may be extended in certain circumstances – for example if we need to consult with third parties. Based on our initial review of the Contract, we need to consult with at least 5 organisations in regard to some parts of the Contract. So the release of the Contract may be delayed beyond 22 June 2020, depending on the progress of consultations.
Charges
Please note that Austrade issues charges for processing FOI requests. We will advise you of these charges when we are in a position to estimate the resources required to process your request. We note your request to waive charges and will consider it.
Exclusion of officials’ names and contact details
It is Austrade’s policy to withhold the mobile numbers of all government officials, and the names and contact details of government officials not in the Senior Executive Service (SES) or equivalent. If you require the mobile numbers of all government officials, or the names and contact details of non-SES officials, please let us know within the next five (5) days, so the decision-maker may consider; otherwise we will take it that you agree to that information being excluded from the scope of your request.
Personal Information
If we need to consult with other people or organisations regarding your FOI request, we may need to disclose your personal information (e.g. your name). When we consult it may be apparent that you have made a request, even if we do not disclose your identity. Please let us know within the next five (5) days if you have any concerns in this regard, so the decision-maker may consider them; otherwise we will take it that you agree that during consultation your personal information may be disclosed. Austrade’s privacy policy is available at https://www.austrade.gov.au/site-informa....
Should you require any further information, please do not hesitate to contact us by return e-mail at [Austrade request email].
Yours sincerely,
Geoff Budd | Manager Legal Services
Legal, Procurement and Fraud
Australian Trade and Investment Commission (Austrade)
Level 2, Nishi Building, 2 Phillip Law Street, Canberra ACT 2601, Australia
T +61 2 6201 7664
[email address] | www.austrade.gov.au
If you are not the intended addressee of this email, please notify the sender immediately and delete it. The content is for information and carries no warranty; as such, the addressee must exercise their own discretion in its use. Australia’s anti-bribery laws apply overseas and Austrade will not provide business related services to any party who breaches the law and will report credible evidence of any such breach. If you are travelling overseas consult http://www.smartraveller.gov.au - the Australian Government's travel advisory service. Please consider the environment before printing this email.
OFFICIAL
Dear Mr Smith,
With reference to your FOI request dated 21 May 2020, Austrade has determined that the requirement to conduct further consultations in regard to business documents and personal privacy make it appropriate to extend the response period by another 30 days in accordance with section 15 (6) of the Freedom of Information Act 1982.
You should therefore expect to receive Austrade's response by 22 July 2020
Yours sincerely
Patrick Keil
(on behalf of)
Geoff Budd | Manager Legal Services
Legal, Procurement and Fraud
Australian Trade and Investment Commission (Austrade)
Level 2, Nishi Building, 2 Phillip Law Street, Canberra ACT 2601, Australia T +61 2 6201 7664 [email address] | www.austrade.gov.au
If you are not the intended addressee of this email, please notify the sender immediately and delete it. The content is for information and carries no warranty; as such, the addressee must exercise their own discretion in its use. Australia’s anti-bribery laws apply overseas and Austrade will not provide business related services to any party who breaches the law and will report credible evidence of any such breach. If you are travelling overseas consult http://www.smartraveller.gov.au - the Australian Government's travel advisory service. Please consider the environment before printing this email.
OFFICIAL
Dear Mr Smith,
Austrade is processing your FOI request of 21 May 2020 for the contract
between Austrade and CLEMENGER BBDO (SYDNEY) PTY LTD; in association with
Cth tender ID CN3566971 (the “Contract”).
On 22 June my colleague Patrick Keil advised that we are consulting with
third parties, so you should expect to receive Austrade's response by 22
July.
In accordance with section 29 of the FOI Act, I have decided that you are
liable to pay a charge in respect of your request for access.
Preliminary assessment of charges
My preliminary assessment of the amount of the charge is $79.10 consisting
of:
search and retrieval of documents: $15.00 x 2.03 hours $30.50
decision making time: $20.00 x 2.43 hours $48.60
-this is in addition to the first five hours, which are free of
charge
Total preliminary assessed charges $79.10
You may contend that the charge has been wrongly assessed, or should be
reduced or waived. In deciding whether or not to reduce or waive the
charge, I must take into account any relevant considerations including:
• whether the payment of the charge or part of it would
cause you financial hardship;
• whether access to the documents is in the general public
interest or in the interests of a substantial section of the public; and
• any other matter you may wish to draw to my attention.
In your request, you submitted that the FOI fees should be waived to
recognise the public interest in transparency due to the Contract being of
especially high value. I am, however, not convinced that there is a
general public interest in seeing a commercial Contract merely due to its
high value or that it is in the interests of a substantial section of the
public that the Contract be released.
What you need to do
Within 30 days of receipt of this notice, you must notify Austrade in
writing:
(a) whether you agree to pay the charge (in which case you should
forward the amount of the deposit with the written notification). I have
attached Austrade’s account details for your reference; or
(b) whether you contend that the charge has been wrongly assessed,
should be reduced, or both (and in each case you must provide reasons
why); or
(c) whether you withdraw your request for access.
In particular, if you want to continue to argue that the FOI fees should
be waived to recognise the public interest, please provide more detail to
justify your argument.
If you do not notify Austrade in the manner set out above within 30 days
of receiving this notice, your request for access under the Act will be
taken to have been withdrawn.
Suspension of statutory processing time
Please note that the statutory period for processing your request is
suspended from the day you receive this notice until the day the required
deposit or any reduced charge Austrade may impose is paid, or the day
Austrade decides to waive the charge.
I am happy to explain over the phone if you wish to discuss further.
Yours sincerely
Geoff Budd | Manager Legal Services
Legal, Procurement and Fraud
Australian Trade and Investment Commission (Austrade)
Level 2, Nishi Building, 2 Phillip Law Street, Canberra ACT 2601,
Australia
T +61 2 6201 7664 | M +61 (0)408 404 628
[1][email address] | [2]www.austrade.gov.au
If you are not the intended addressee of this email, please notify the
sender immediately and delete it. The content is for information and
carries no warranty; as such, the addressee must exercise their own
discretion in its use. Australia’s anti-bribery laws apply overseas and
Austrade will not provide business related services to any party who
breaches the law and will report credible evidence of any such breach. If
you are travelling overseas consult [3]http://www.smartraveller.gov.au -
the Australian Government's travel advisory service. Please consider the
environment before printing this email.
References
Visible links
1. mailto:[email address]
2. http://www.austrade.gov.au/
3. http://www.smartraveller.gov.au/
Dear Geoff Budd,
Regarding your proposed charge, you have explained it as;
"- Search and retrieval of documents: $15.00 x 2.03 hours $30.50
- Decision making time: $20.00 x 2.43 hours $48.60
- This is in addition to the first five hours, which are free of
charge
Total preliminary assessed charges $79.10"
My question: What did the department's first five hours of work consist of?
Usually the first five hours of work is also itemized.
2.03 hours + 2.43 hours = 4.46 hours. Ordinarily as this is less than five hours the fee would be waived.
Additionally, I request that the fee be waived in part on the ground of financial hardship.
Also I request that the waiver on public interest grounds be considered.
Please internally review this charge decision if the fee can't be waived.
Yours sincerely,
John Smith
OFFICIAL
Dear John Smith
You have requested details of how our charges of $79.10 were preliminarily assessed, and asked me to reconsider waiving the fee entirely based on financial hardship and public interest grounds.
1. I attach our workings in regard to the charges estimate. I trust that the table will answer your question in regard to how the total of 9.46 hours was estimated.
2. In regard to your claims of financial hardship and public interest as grounds for waiving the fee, you have not yet submitted any evidence of either. So please follow up with evidence to support your claims. The below guidance from the OAIC’s website may help you determine what kind of evidence to provide - see at https://www.oaic.gov.au/freedom-of-infor...
“For example, if you’re claiming financial hardship, you might give them a copy of your pension or concession card. If you claim disclosing the document is in the general public interest, you could explain how you’ll use the document for public research, or to prepare a submission to a parliamentary inquiry, or to advance public debate on a topic of current importance.”
Yours sincerely
Geoff Budd | Manager Legal Services
Legal, Procurement and Fraud
Australian Trade and Investment Commission (Austrade)
Level 2, Nishi Building, 2 Phillip Law Street, Canberra ACT 2601, Australia
T +61 2 6201 7664 | M +61 (0)408 404 628
[email address] | www.austrade.gov.au
If you are not the intended addressee of this email, please notify the sender immediately and delete it. The content is for information and carries no warranty; as such, the addressee must exercise their own discretion in its use. Australia’s anti-bribery laws apply overseas and Austrade will not provide business related services to any party who breaches the law and will report credible evidence of any such breach. If you are travelling overseas consult http://www.smartraveller.gov.au - the Australian Government's travel advisory service. Please consider the environment before printing this email.
Dear Geoff Budd,
Thank you for your email. I have sent an email to your agency's FOI address containing a photograph of my low-income health card. The card has my real name, as John Smith is a pseudonym.
Yours sincerely,
John Smith
OFFICIAL
Dear Mr Smith
Thank you for your assistance and patience. I attach my decision on your
FOI request and the 5 documents with redactions.
Can you please acknowledge receipt?
Kind regards
Geoff Budd | Manager Legal Services
Legal, Procurement and Fraud
Australian Trade and Investment Commission (Austrade)
Level 2, Nishi Building, 2 Phillip Law Street, Canberra ACT 2601,
Australia
T +61 2 6201 7664 | M +61 (0)408 404 628
[1][email address] | [2]www.austrade.gov.au
If you are not the intended addressee of this email, please notify the
sender immediately and delete it. The content is for information and
carries no warranty; as such, the addressee must exercise their own
discretion in its use. Australia’s anti-bribery laws apply overseas and
Austrade will not provide business related services to any party who
breaches the law and will report credible evidence of any such breach. If
you are travelling overseas consult [3]http://www.smartraveller.gov.au -
the Australian Government's travel advisory service. Please consider the
environment before printing this email.
References
Visible links
1. mailto:[email address]
2. http://www.austrade.gov.au/
3. http://www.smartraveller.gov.au/