UNCLASSIFIED

Our references: FA 15/06/01168; ADF2015/26322

 

Dear Patrick J Heffernan

 

Thank you for your email. I understand that you wish to make a request for
information under the Freedom of Information Act 1982 (the FOI Act).

 

The department has reviewed its practices in relation to the validity of
requests received under the FOI Act, where a form 424A is not provided. 

 

The purpose of this email is to confirm details of how notices under the
FOI Act may be sent to you.

 

Requirements of the Act

 

The requirements for a valid FOI request are set out in section 15(2) of
the Act, which provides that:

 

The request must:

 

(a)  be in writing; and

 

(aa) state that the request is an application for the purposes of this
Act; and

 

(b) provide such information concerning the document as is reasonably
necessary to enable a responsible officer of the agency, or the Minister,
to identify it; and

 

(c) give details of how notices under this Act may be sent to the
applicant (for example, by providing an electronic address to which
notices may be sent by electronic communication).

 

The Act envisages that an agency and the applicant will, where necessary
and appropriate, engage in dialogue about the request.  The Act also
envisages that there may be instances when an agency will wish to send a
formal legal notice to an applicant, for example, when the agency believes
that it would be a substantial and unreasonable diversion of resources to
process the request or intends to charge the applicant for processing the
request.  In addition, the Act provides applicants with review rights
which are activated by the act of the agency ‘notifying’ the applicant of
the decision.

 

In order to engage in this dialogue, the applicant must provide an address
through which the applicant intends to be contactable.  It should be an
address through which the agency will be able to write to the applicant
and receive a response to the communication.  It must also be an address
through which the agency can reasonably assume that legal notices will be
received, read and responded to by the applicant.  This requirement has
been an element of a valid FOI request since the Act was first enacted in
1982.

 

Issues regarding your request

 

I am not satisfied that the web address you have provided meets the
requirement of ‘details of how notices under this Act may be sent to the
applicant’ (s.15(2)(c) of the Act).  In particular, it does not appear to
be an address to which the agency could send a ‘notice’.  The address you
have provided appears to be an address for publication of correspondence
on the internet.

 

Next steps

 

Please confirm by writing to [1][email address] that the web address you
have provided is an address to which the Department can send you notices,
by close of business Monday 22 June 2015.  The request will then be
validated.

 

Alternatively you may nominate a separate address for the purpose of the
Department issuing you with a ‘notice’ under the Act.

 

If you have not provided confirmation by that time, the request will be
closed as invalid.

 

Yours sincerely

 

 

 

 

FOI Helpdesk

Freedom of Information Section

Immigration and Border Protection Portfolio

E: [2][email address]

 

UNCLASSIFIED

Important Notice: If you have received this email by mistake, please
advise the sender and delete the message and attachments immediately. 
This email, including attachments, may contain confidential, sensitive,
legally privileged and/or copyright information.  Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited.  DIBP
respects your privacy and has obligations under the Privacy Act 1988.  The
official departmental privacy policy can be viewed on the department's
website at www.immi.gov.au.  See:
http://www.immi.gov.au/functional/privac...

From 1 July 2015 email addresses will change from  '@immi.gov.au' or
'@customs.gov.au' to '@border.gov.au'.  This is to reflect the Department
of Immigration and Border Protection and the Australian Customs and Border
Protection Service integrating into a single organisation - the Department
of Immigration and Border Protection - on 1 July 2015.  At this time the
Australian Border Force will be established within the Department.  Please
update your records and systems to reflect this change.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Our references: FA 15/06/01168; ADF2015/26322

 

Dear Patrick J Heffernan

 

On 15 June 2015 the Department wrote to you to advise that your request
was considered to be invalid. You were invited to confirm an address for
which the Department could send a notice to under the FOI Act. Our records
indicate that you did not respond to this request.

 

The Department is satisfied that you have not met the full requirements of
s.15 of the FOI Act and your request has now been closed as invalid.

 

You remain welcome to submit a new request at any time, taking into
consideration the advice provide to you by the Department on how to make a
valid request.

 

Yours sincerely

 

Janelle Raineri
FOI Contact Officer I FOI Helpdesk

Freedom of Information Section

Immigration and Border Protection Portfolio

E:  [1][email address]

 

 

From: Penelope ROBB On Behalf Of FOI
Sent: Monday, 15 June 2015 2:09 PM
To: [FOI #1113 email]
Subject: TRIM: Your request for documents - address for a 'notice' under
the Act [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

Our references: FA 15/06/01168; ADF2015/26322

 

Dear Patrick J Heffernan

 

Thank you for your email. I understand that you wish to make a request for
information under the Freedom of Information Act 1982 (the FOI Act).

 

The department has reviewed its practices in relation to the validity of
requests received under the FOI Act, where a form 424A is not provided. 

 

The purpose of this email is to confirm details of how notices under the
FOI Act may be sent to you.

 

Requirements of the Act

 

The requirements for a valid FOI request are set out in section 15(2) of
the Act, which provides that:

 

The request must:

 

(a)  be in writing; and

 

(aa) state that the request is an application for the purposes of this
Act; and

 

(b) provide such information concerning the document as is reasonably
necessary to enable a responsible officer of the agency, or the Minister,
to identify it; and

 

(c) give details of how notices under this Act may be sent to the
applicant (for example, by providing an electronic address to which
notices may be sent by electronic communication).

 

The Act envisages that an agency and the applicant will, where necessary
and appropriate, engage in dialogue about the request.  The Act also
envisages that there may be instances when an agency will wish to send a
formal legal notice to an applicant, for example, when the agency believes
that it would be a substantial and unreasonable diversion of resources to
process the request or intends to charge the applicant for processing the
request.  In addition, the Act provides applicants with review rights
which are activated by the act of the agency ‘notifying’ the applicant of
the decision.

 

In order to engage in this dialogue, the applicant must provide an address
through which the applicant intends to be contactable.  It should be an
address through which the agency will be able to write to the applicant
and receive a response to the communication.  It must also be an address
through which the agency can reasonably assume that legal notices will be
received, read and responded to by the applicant.  This requirement has
been an element of a valid FOI request since the Act was first enacted in
1982.

 

Issues regarding your request

 

I am not satisfied that the web address you have provided meets the
requirement of ‘details of how notices under this Act may be sent to the
applicant’ (s.15(2)(c) of the Act).  In particular, it does not appear to
be an address to which the agency could send a ‘notice’.  The address you
have provided appears to be an address for publication of correspondence
on the internet.

 

Next steps

 

Please confirm by writing to [2][email address] that the web address you
have provided is an address to which the Department can send you notices,
by close of business Monday 22 June 2015.  The request will then be
validated.

 

Alternatively you may nominate a separate address for the purpose of the
Department issuing you with a ‘notice’ under the Act.

 

If you have not provided confirmation by that time, the request will be
closed as invalid.

 

Yours sincerely

 

 

 

 

FOI Helpdesk

Freedom of Information Section

Immigration and Border Protection Portfolio

E: [3][email address]

 

UNCLASSIFIED

Important Notice: If you have received this email by mistake, please
advise the sender and delete the message and attachments immediately. 
This email, including attachments, may contain confidential, sensitive,
legally privileged and/or copyright information.  Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited.  DIBP
respects your privacy and has obligations under the Privacy Act 1988.  The
official departmental privacy policy can be viewed on the department's
website at www.immi.gov.au.  See:
http://www.immi.gov.au/functional/privac...

From 1 July 2015 email addresses will change from  '@immi.gov.au' or
'@customs.gov.au' to '@border.gov.au'.  This is to reflect the Department
of Immigration and Border Protection and the Australian Customs and Border
Protection Service integrating into a single organisation - the Department
of Immigration and Border Protection - on 1 July 2015.  At this time the
Australian Border Force will be established within the Department.  Please
update your records and systems to reflect this change.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]