UNCLASSIFIED

Our references: FA 13/08/00267; ADF2013/25010

To Mr Lawrence Bull

Dear Mr Bull

I am writing to you in response to your email on 2 August 2013,
purportedly under the Freedom of Information Act 1982 (Cth) and asking
that the Department of Immigration and Citizenship provide you with a copy
of the following document:

·         ‘Detail Incident Report 1-9GNMK3, and all attached documents’

The purpose of this email is to advise you that I consider the request to
be invalid under the FOI Act. I will explain my reasons in full below.

Requirements of the FOI 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 email 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 that the email address that you have provided is an address
to which the Department can send you notices by close of business
Wednesday 14 August 2013. If you have not provided confirmation by that
time, I will close this request as invalid.

Yours sincerely

Angela O'Neil
Assistant Director

FOI & Privacy Policy
Department of Immigration and Citizenship
Telephone: (02) 6264 1382
Email: [1][email address]

UNCLASSIFIED

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References

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1. mailto:[email address]

UNCLASSIFIED

Our references: FA 13/08/00267; ADF2013/25010

Dear Mr Bull

Thank you for confirming that you wish to wish to receive notices from DIAC via this email address. I that DIAC can anticipate that you will respond to communications that are sent to you via this address. I am satisfied that the requirement in s.15(2)(c) of the Act is met and will progress your request accordingly.

Yours sincerely

Angela O'Neil
Assistant Director
FOI & Privacy Policy
Department of Immigration and Citizenship
Telephone: (02) 6264 1382
Email: [email address]

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UNCLASSIFIED

Our references: FA 13/08/00267; ADF2013/25010  

Good morning Mr Bull

I refer to your request for access to documents relating to:

                Detail Incident Report 1-9GNMK3, and all attached
documents.

The current due date for your request is 1 September 2013.  At this point,
the Department is unlikely to be able to finalise your request by this
date, however, we expect to be in a position to finalise your request next
week.

DIAC seeks your agreement (under s.15AA of the FOI Act) to extend the
timeframe for the processing of your request by 5 days.  This would extend
the due date for your request to Friday 6 September 2013. 

Please do not hesitate to contact me should you wish to discuss.

Yours sincerely

Rowan Patterson

Assistant Director

Freedom of Information & Privacy Policy Section
Department of Immigration and Citizenship
Email:    [1][email address]

UNCLASSIFIED

References

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1. mailto:[email address]

UNCLASSIFIED

Dear Mr Bull

Thank you for the extension.

Regards

Rowan Patterson

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UNCLASSIFIED

Dear Mr Bull

Please find attached the decision for your FOI request with the Department
of Immigration and Citizenship.

Regards

Rowan Patterson

Freedom of Information & Privacy Policy Section
Email     [1][email address]

UNCLASSIFIED

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References

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1. mailto:[email address]