Copyright legislation working group documents
Brendan Molloy made this Freedom of Information request to Attorney-General's Department
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Attorney-General's Department,
I hereby request, under the Freedom of Information Act 1982,
copies of the following documents:
a) Documents by the working group responsible for considering reforming copyright legislation in response to the 'issue' of online copyright infringement, specifically in respect to:
i) any research into the efficacy of graduated response or website blocking; and
ii) any communication with industry or non-industry stakeholders.
The working group I am referring to apparently has no name, and is discussed by the AG during an Estimates hearing. Said hearing can be seen here: https://www.youtube.com/watch?v=emFiktDp...
I also make the application that all costs for the processing of this request be waived on the grounds that the release of this information is in the public interest, will enhance the transparency of the process and the public debate surrounding potential legislative changes.
--
Regards,
Brendan Molloy
Councillor
Pirate Party Australia
Thank you for your email. This is an automated response to advise you that
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of Information Act 1982 (FOI Act), please ensure that your request is in
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request concerns your personal information, we will collect the minimum
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UNCLASSIFIED
14/7459
29 May 2014
Mr Brendan Molloy
Email: [1][FOI #635 email]]
Dear Mr Molloy
Freedom of Information Request no. FOI14/097
I refer to your request for access to documents relating to online
copyright infringement under the Freedom of Information Act 1982. I have
taken your request to be for:
a) Documents by the working group responsible for considering reforming
copyright legislation in response to the 'issue' of online copyright
infringement, specifically in respect to:
i) any research into the efficacy of graduated response or website
blocking; and
ii) any communication with industry or non-industry stakeholders.
If you disagree with our interpretation of your request, please let me
know as soon as possible.
We received your request on 29 May 2014 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 30 June 2014. The period of
30 days may be extended if we need to consult third parties or for other
reasons. We will advise you if this happens.
It is the usual practice of the Department to not release the names and
contact details of junior officers of the Department and other government
agencies, where that personal information is contained in documents within
scope of a request. The names and contact details of senior officers will
generally be released. We will take it that you agree to the removal of
junior officers’ personal information unless you advise that you would
like us to consider releasing that information as part of the documents
you have requested.
Please note that information released under the FOI Act may later be
published online on our disclosure log
[2]http://www.ag.gov.au/RightsAndProtection...,
subject to certain exceptions. (For example, personal information will not
be published where this would be unreasonable.)
We will contact you using the email you provided. Please advise if you
would prefer us to use an alternative means of contact. If you have any
questions, please contact the FOI Section by email [3][AGD request email].
Kind Regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [4][AGD request email]
[5]2586 Indigenous signature block NEW
UNCLASSIFIED
Dear Mr Molloy,
Please find attached a notice of charges for your FOI Request FOI14/097.
If you wish to request a waiver of charges under the FOI Act, you will
need to make a submission to that effect before 14 July 2014.
Kind regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [1][AGD request email]
Privacy Collection Notice
When you make a request for documents or an inquiry about privacy matters,
the Attorney-General’s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
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I contend that the charge should not be imposed on the grounds that this request is entirely in the public interest.
Since the issue was made public, there has been significant media coverage of the issue of legislation to amend our Copyright Act for the purposes of introducing Internet censorship, graduated response or other measures.
Senator Brandis stood before the Senate Estimates and failed to answer in any detail why this legislation is going ahead, and could hardly name the group of people responsible for looking into this issue.
There is significant debate occurring around these proposals, especially from iiNet[1] and Village Roadshow[2]. There has been significant media coverage on the issue, as I have spoken on ABC radio about it, my collegues have been on both TV and radio about it, and we are constantly receiving questions about it.
It is ever more important as the KAFTA National Interest Analysis claims that the Act must change in order for it to be ratified[3].
Over 6000 people have signed a petition against the proposals[4]. CHOICE has received enough money from the public to produce an advertisement against the measures, and has spoken constantly about the issue to the media[5][6].
Honestly, if a popularly elected Senator determined that this issue was important enough to raise in Senate Estimates, how could a reasonable person even question whether this would be in the public interest?
Considering the significant impact this legislation would have on the Internet-using public (which is over 80% of the population), this request is clearly in the public interest. A substantial group of non-government organisations (such as the EFA, ADA and CHOICE), Pirate Party Australia and other political parties such as the Greens care deeply about this issue (enough that questions were asked in Senate Estimates), and for these reasons this request must be fulfilled without charge.
[1] http://www.gizmodo.com.au/2014/06/iinets...
[2] http://www.theage.com.au/comment/end-int...
[3] http://www.gizmodo.com.au/2014/06/aus-ko...
[4] https://www.change.org/en-AU/petitions/s...
[5] http://www.smh.com.au/entertainment/tv-a...
[6] http://www.choice.com.au/media-and-news/...
--
Regards,
Brendan Molloy
Councillor
Pirate Party Australia
To whom it may concern,
It has been over a week since I submitted a response to the fees request email and I am yet to receive even an acknowledgement of receipt.
--
Regards,
Brendan Molloy
Councillor
Pirate Party Australia
UNCLASSIFIED
Dear Mr Molloy,
We hereby acknowledge receipt of your email of 19 June 2014 in response to the notice of charges sent to you by this Department on 16 June 2014.
Kind regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
A: [AGD request email]
To whom it may concern,
It has been over a week since I submitted a response to the fees request email and I am yet to receive even an acknowledgement of receipt.
--
Regards,
Brendan Molloy
Councillor
Pirate Party Australia
UNCLASSIFIED
Good afternoon Mr Molloy
Please find attached letter advising of reduced charges.
Kind Regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
Email: [AGD request email]
To whom it may concern,
There seems to be no information in these emails as to how I may pay for this request.
I wish to pay by direct deposit. Please send me the relevant information.
--
Regards,
Brendan Molloy
Councillor
Pirate Party Australia
UNCLASSIFIED
Dear Mr Molloy,
Please find attached an invoice the deposit payable for your request. This invoice contains instructions on how to pay.
Kind regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
A: [AGD request email]
Dear FOI Requests,
Paid. See receipt: https://dl.dropboxusercontent.com/u/7611...
Will also forward to relevant address as specified in invoice.
--
Regards,
Brendan Molloy
Councillor
Pirate Party Australia
UNCLASSIFIED
Dear Mr Molloy,
I refer to your request for documents under the FOI Act, concerning the
working group responsible for considering reforms to copyright
legislation, specifically:
a) Documents by the working group responsible for considering reforming
copyright legislation in response to the 'issue' of online copyright
infringement, specifically in respect to:
i) any research into the efficacy of graduated response or website
blocking; and
ii) any communication with industry or non-industry stakeholders.
The Department has identified some documents falling within the scope of
your request that require consultation with another government agency
prior to release. As such I seek an extension of time of 15 days to
process your request under s15AA of the FOI Act, so that we may consult
the agency on the release of those documents.
At present, the due date for completion of your request is 14 July 2014.
Should you be amenable to a 15 day extension your request would fall due
on 29 July 2014.
Would you please advise us in writing whether you agree to this extension.
If you have any questions or would like to discuss this request at all
please contact [1][AGD request email].
Kind regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [2][AGD request email]
Privacy Collection Notice
When you make a request for documents or an inquiry about privacy matters,
the Attorney-General s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
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2. mailto:[AGD request email]
To whom it may concern,
I do not consent to the requested extension.
--
Regards,
Brendan Molloy
Councillor
Pirate Party Australia
UNCLASSIFIED
Dear Mr Molloy
Freedom of Information Request no. FOI14/097
I refer to your request for access to documents concerning the working
group responsible for considering reforms to copyright legislation under
the Freedom of Information Act 1982 (FOI Act). As your request covers
documents which contain information concerning the personal information of
a third party, the business, commercial or financial affairs of an
organisation, or a person’s business or professional affairs the
Department is required to consult with the person or organisation
concerned (under section 27 of the FOI Act) before making a decision on
the release of those documents.
For this reason the period for processing your request has been extended
by 30 days in order to allow our agency time to consult with that person
or organisation (section 15(6) of the FOI Act). The processing period for
your request will now end on 14 August 2014.
The consultation mechanism under section 27 applies when we believe the
person or organisation concerned may wish to contend that the requested
documents are exempt because their release would disclose trade secrets or
commercially valuable information or may adversely affect their business
or financial affairs. We will take into account any comments we receive
from the person or organisation but the final decision about whether to
grant you access to the documents you requested rests with this
Department.
More information about exemptions under the FOI Act is available in Fact
Sheet 8 on the Office of the Australian Information Commissioner’s
website:
[1]http://www.oaic.gov.au/freedom-of-inform....
Kind regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [2][AGD request email]
Privacy Collection Notice
When you make a request for documents or an inquiry about privacy matters,
the Attorney-General’s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
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2. mailto:[AGD request email]
UNCLASSIFIED
Dear Mr Molloy,
I refer to your FOI Request for documents created by the working group
responsible for considering reforms to the copyright legislation
(FOI14/097). Please find attached the Department’s decision, a schedule of
documents and an invoice for outstanding charges.
We will send you the documents once the invoice has been paid and payment
has cleared.
Kind regards,
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [1][AGD request email]
Privacy Collection Notice
When you make a request for documents or an inquiry about privacy matters,
the Attorney-General’s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
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Dear FOI Requests,
Am I to understand that the AGD wants me to pay a further $140 for 8 pages of documentation, all of it at least partially redacted?
--
Regards,
Brendan Molloy
President
Pirate Party Australia
Thank you for your email. This is an automated response to advise you that
your email has been received by the Attorney-General's Department's FOI
Coordinator.
If you wish to lodge a request for access to documents under the Freedom
of Information Act 1982 (FOI Act), please ensure that your request is in
writing, states that it is an application for the purposes of the FOI Act
and provides sufficient detail describing the documents you wish to
access. The FOI Coordinator will acknowledge your request within 14 days.
Kind Regards
Freedom of Information and Privacy Section.
Privacy Collection Notice
When you make a request for documents or an inquiry about privacy matters,
the Attorney-General’s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
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UNCLASSIFIED
Dear Mr Molloy,
That is correct. Please pay the outstanding charges detailed on the invoice attached and we will send the documents to you. If you do not wish to receive the documents, please notify the FOI section by replying to this email.
Kind regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
A: [AGD request email]
UNCLASSIFIED
Dear Mr Molloy,
I refer to your request for documents FOI14/097 under the Freedom of Information Act 1982, and the subsequent decision which was sent to you by this Department on 13 August 2014.
Please confirm whether you intend to pay the invoice and receive the documents itemised in the schedule that was sent to you by COB Monday 25 August 2014.
Kind regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
A: [AGD request email]
Dear Ms Raj,
You will receive a response from me prior to COB on Monday.
--
Regards,
Brendan Molloy
President
Pirate Party Australia
Brendan Molloy left an annotation ()
There was already a Pozible for this, so money fortunately isn't a problem here, but thanks for the offer. :)
I will be requesting an internal review on Monday, just needed the weekend to write it. Been very busy lately.
Dear Attorney-General's Department,
Please pass this on to the person who conducts Freedom of Information reviews.
I wish to submit the FOI request 'Copyright legislation working group documents' for internal review, specifically regarding all documents redacted in full under s 47C, and public documents being offered as if relevant to the request.
I find it hard to believe that over 90% of the documents would be exempt in their entirity under s 47C, a conditional exemption.
I would note that "i) any research into the efficacy of graduated response or website blocking" is a request entirely for factual information that one might expect to be gathered during a deliberative effort, but in itself would not be deliberative in nature, as it is, hopefully, the factual basis for the deliberation.
I refer you to the OAIC guidelines[1], in particular 6.73, which goes to the matter of deliberative material that includes matters of factual basis. It states that where this content can be separated, the document should only be partially redacted, not redacted in full. I suspect that at the very least, documents 38 and 39 would be at least partially consisting of factual material, as the title suggests these documents are background information regarding website blocking injunctions. Any deliberative content, perhaps a conclusion making an opinion, could be redacted, leaving the majority of the background factual information available for release.
I also draw your attention to information provided by the Department of the Prime Minister and Cabinet as part of their deregulation initiatives. This website[2] provides 10 principles that Australian government policy makers should abide by. Number 7 states: "The information upon which policy makers base their decisions must be published at the earliest opportunity."
I also contest that the disclosure of any of the current information withheld under s 47C would likely inhibit the effectiveness of the evaluation or decision-marking processes of the AGD, especially given the issue has been strongly followed by the media, and the Government has since provided a discussion paper precisely targeting this issue, without providing the informational basis for the content being discussed, which in all likelihood is based on, at least partially, these documents that are being withheld.
Even in the case where one would argue my assertion is not the case, s 47C only allows exemption on the basis that the public interest arguments are not strongly outweighed by factors against disclosure. The public interest arguments I and even yourself have provided strongly outweigh the arguments you have provided against. The arguments you have provided against disclosure are not public interest arguments at all; they are arguments for the protection of AGD bureaucratic procedure against the public interest that would be derived from disclosure.
The AGD has already demonstrated there is a fairly strong public interest argument for disclosure given the 50% discount on the fees. Factors that seem to not have been considered appropriately also include information that assisted in forming the views that the AGD, and in turn the AG, put to the public in a discussion paper regarding online copyright infringement. It is the underlying factual basis that we are interested in, not the deliberative processes layered on top. We want to be able to see the information that these views were derived from so we can better understand Government positions on these matters when they come to fruition.
You may also note that my request does not state that I am looking for publicly accessible information, so much of the information provided in the schedule of documents that is marked "exempt in part", if not all, seems to be out of scope for my request, and I find it an offensive suggestion to attempt to charge me a further $140 for publicly accessible press releases. It is also an unreasonable suggestion to claim that an email from a stakeholder regarding something the working group was discussing would be considered deliberative, yet if the same stakeholder were to forward your internal working group a press release purporting a certain position on the matter that it would not be considered deliberative. The seeming lack of consistency here is troubling.
It is for the above reasons that I request that my request is reconsidered appropriately and promptly as per my arguments above, given the responses to the discussion paper are due very soon and this information is very important for providing a reasoned and logical response to these opaque proposals.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/c...
[1] http://www.oaic.gov.au/freedom-of-inform...
[2] http://www.cuttingredtape.gov.au/handboo...
--
Regards,
Brendan Molloy
President
Pirate Party Australia
UNCLASSIFIED
14/7459
26 August 2014
Brendan Molloy
Email: [FOI #635 email]
Dear Mr Molloy
Freedom of Information Request no. FOI14/097
We received your request for internal review on 25 August 2014 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 24 September 2014.
If you have any questions, please contact the FOI Section [AGD request email].
Kind Regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
Email: [AGD request email]
UNCLASSIFIED
Dear Mr Molloy,
I refer to your request for internal review of this Department’s decision
regarding your FOI request, FOI14/097.
Please find attached the internal reviewer’s decision, a schedule of
documents and an invoice of charges.
Kind regards,
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [1][AGD request email]
Privacy Collection Notice
When you make a request for documents or an inquiry about privacy matters,
the Attorney-General’s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
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UNCLASSIFIED
Good afternoon Mr Molloy
Please find attached notice for payment of invoice 6117731 in regards to
FOI14/097.
Kind Regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [1][AGD request email]
[2]2586 Indigenous signature block NEW
From: FOI Requests [[3]mailto:[AGD request email]]
Sent: Tuesday, 23 September 2014 3:47 PM
Subject: Your FOI Internal Review - FOI14/097 [SEC=UNCLASSIFIED]
UNCLASSIFIED
Dear Mr Molloy,
I refer to your request for internal review of this Department’s decision
regarding your FOI request, FOI14/097.
Please find attached the internal reviewer’s decision, a schedule of
documents and an invoice of charges.
Kind regards,
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [4][AGD request email]
Privacy Collection Notice
When you make a request for documents or an inquiry about privacy matters,
the Attorney-General s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
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3. mailto:[AGD request email]
4. mailto:[AGD request email]
UNCLASSIFIED
Good morning Mr Molloy
Please find attached 2^nd notice for payment of invoice 6117731 in regards
to FOI14/097.
Kind Regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [1][AGD request email]
[2]2586 Indigenous signature block NEW
From: FOI Requests
Sent: Wednesday, 15 October 2014 2:27 PM
To: Brendan Molloy ([3][FOI #635 email])
Cc: FOI Requests
Subject: RE: Your FOI Internal Review - FOI14/097 [SEC=UNCLASSIFIED]
UNCLASSIFIED
Good afternoon Mr Molloy
Please find attached notice for payment of invoice 6117731 in regards to
FOI14/097.
Kind Regards
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [4][AGD request email]
[5]2586 Indigenous signature block NEW
From: FOI Requests [[6]mailto:[AGD request email]]
Sent: Tuesday, 23 September 2014 3:47 PM
Subject: Your FOI Internal Review - FOI14/097 [SEC=UNCLASSIFIED]
UNCLASSIFIED
Dear Mr Molloy,
I refer to your request for internal review of this Department’s decision
regarding your FOI request, FOI14/097.
Please find attached the internal reviewer’s decision, a schedule of
documents and an invoice of charges.
Kind regards,
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [7][AGD request email]
Privacy Collection Notice
When you make a request for documents or an inquiry about privacy matters,
the Attorney-General s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
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1. mailto:[AGD request email]
3. mailto:[FOI #635 email]
4. mailto:[AGD request email]
6. mailto:[AGD request email]
7. mailto:[AGD request email]
To whom it may concern,
Please cease sending me invoices for this FOI request. We have no intention of paying such exorbitant fees for information unbefitting to the actual request.
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Regards,
Brendan Molloy
President
Pirate Party Australia
Locutus Sum left an annotation ()
I enjoy to read the Freedom of Information requests from the applicant, Mr Brendan Molloy and to read the interesting material that ofttimes results therefrom. Also because Mr Molloy usually shows a good understanding of law I do not think that I have ever made an annotation to a request from him. Why do I make an annotation now? Unfortunately it is because the Freedom of Information Officer is correct and Mr Molloy is wrong. He has, in my mind, misunderstood what has happened.
At end of May 2014 the applicant requested access to some documents held by the Attorney General's Department. AGD examined the request and decided to levya charge of $373.33 to process the application from Mr Molloy. The applicant made a contention that the charges were excessive. At 27 June 2014, AGD wrote to say that the charge would be reduced by 50% so that it was $186.67. AGD also explained that a deposit of $46.67 was required from the applicant if AGD was to process the request. AGD also said that maybe when the application was processed, the charge had a possibility to be reduced.
The AGD did not say some things that in my mind it is good to say and that some other departments usually do say. What were these things that AGD did not say?
AGD did not explain before Mr Molloy paid the deposit of $46.67 that he would make an enforceable contract with the Commonwealth of Australia. The contract was for the Commonwealth to do some work (process Mr Molloy's request and make a decision about the requested documents) and for Mr Molloy to pay $186.67. It was not a contract for the release of documents; it was a contract to process the request. The Commonwealth has processed the request so Mr Molloy now owe's the Commonwealth the balance of the money. It is not of importance to the contract whether Mr Molloy likes the decision that the Commonwealth has made. Also it is not important whether the decision was to release no documents at all (maybe because they are exempt documents) or to release all the documents or only some dog-scraps "unbefitting to the actual request". If the charge of $186.67 for the Commonwealth is exhorbitant now then also it was exhorbitant when Mr Molloy made a downpayment of $46.67 and asked the Commonwealth to do the work to process the request.
The AGD will make all reasonable steps to enforce the debt and recover the money. This is because of rules from the Department of Finance about recovery of debts. I will not be enough to say, "Do not send me the invoices". In my mind the only solution is to pay the balance money of $140 but also to ask for the Information Commissioner to review the decision (not the charge). In this way maybe it is possible to get more value for $186.67 and less dog's breakfast.
Because the time is limited to make the request for IC review it is best to do this now and not to wait.
Jeg kan ikke lide det. Loven er loven.
Brendan Molloy left an annotation ()
They stopped requesting payment after I requested they cease to do so. (just noticed the above incorrect annotation and thought I'd correct the record for posterity)
Locutus Sum left an annotation ()
I am very pleased to hear that the Attorney General's Department stopped asking Mr Molloy for the balance of $140 but I am not sure that this means what is suggested by Mr Molloy's comment that my annotation was "incorrect". Obviously I am (so far) proved wrong in my annotation that the Attorney-General's Department would continue to try to recover the balance of $140 from Mr Molloy. But was I incorrect in my statement that the payment of a deposit by Mr Molloy of $46.67 created an enforceable contract between the Commonwealth of Australia and him. I am not concerned about the $140 or about this specific request. I concerned about the applicant who receives a charges notice of maybe $2000 and pays a small deposit in the belief that, if the access decision is actually an access refusal decision, then the applicant can refuse to pay the balance of the $2000. That is the real problem. It would be nice to have an answer from an Australian lawyer ... who I am not.
Daniel O'Connor left an annotation ()
Happy to chip in a few $ to remove the cost as a barrier.