Extension of Time Applications - s 15AB - Complex or Voluminous
Verity Pane made this Freedom of Information request to Office of the Australian Information Commissioner
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Office of the Australian Information Commissioner,
As the FOI WoG statistics has yet to be updated for FY16/17 https://data.gov.au/dataset/freedom-of-i... and noting that the OAIC produced related data (as disclosed in your FOI disclosure log https://www.oaic.gov.au/resources/about-... ) I request under the Freedom of Information Act the following documents (including discrete documents complied under s 17, using RESOLVE):
* A discrete document complied from RESOLVE, identifying the three top agencies by volume for s 15AB applications to the OAIC in FY16/17, giving (by agency) the number of s 15AB applications received in FY16/17, the number of s 15AB applications decided IN FY16/17 by the OAIC, the number of s 15AB applications approved by the OAIC in FY16/17, and a breakdown of any other decision outcome for those remaining s 15AB applications dealt with in FY16/17
* A copy of the last ten s 15AB applications approved by the OAIC (personal information redacted) ( as per https://www.oaic.gov.au/resources/about-... provided in the OAIC FOI disclosure log) for each of the top three s 15 AB requesting agencies, for FY16/17.
I note that the OAIC’s case management system, RESOLVE, is a well organised and efficient information management system and that the OAIC has compiled and located information and documents in the past, of a similar nature, with relative ease, and that this FOI application should therefore be straightforward.
The information provided will go towards improving understanding of how the Freedom of Information Act is being managed and will eventually be part of a research publication.
Thank you for your assistance.
Yours faithfully,
Verity Pane
Dear Ms Pane
Freedom of Information request
I refer to your request for access to documents, made under the Freedom of
Information Act 1982 (Cth) (the FOI Act) and received by the Office of the
Australian Information Commissioner (OAIC) on 5 October 2017.
Scope of your request
You seek access to the following documents, complied under s 17, using
RESOLVE:
* A discrete document complied from RESOLVE, identifying the three top
agencies by volume for s 15AB applications to the OAIC in FY16/17, giving
(by agency) the number of s 15AB applications received in FY16/17, the
number of s 15AB applications decided IN FY16/17 by the OAIC, the number
of s 15AB applications approved by the OAIC in FY16/17, and a breakdown of
any other decision outcome for those remaining s 15AB applications dealt
with in FY16/17
* A copy of the last ten s 15AB applications approved by the OAIC
(personal information redacted) for each of the top three s 15 AB
requesting agencies, for FY16/17.
Timeframes for dealing with your request
Section 15 of the FOI Act requires this office to process your request no
later than 30 days after the day we receive it.
We received your request on 5 October 2017 and therefore must process it
by Monday 6 November 2017 (the due date falls on Saturday 4 November 2017,
but due to the operation of s 36 of the Acts Interpretation Act 1901 the
due date is extended to the next working day).
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
it would be unreasonable to publish.
If you would like to discuss this matter please contact me on (02) 9284
9802 during business hours or by email at [1][email address].
Regards
Raewyn Harlock | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [2]www.oaic.gov.au
Phone: +61 2 9284 9802 | Email: [3][email address]
Protecting information rights – advancing information policy
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Dear Raewyn,
Sorry, just noted that the second part of my application could easily be misunderstood - I was seeking de-identified copies of the s 15AB application made by the top 3 agencies in question (listing their grounds for the s 15AB application to be approved), for the last ten approved by the OAIC in FY16/17 for those agencies, and not the emails from the OAIC approving the s 15AB applications (which would be of little use), in case of any misunderstanding.
Yours sincerely,
Verity Pane
Thanks for the clarification.
-----Original Message-----
From: Verity Pane [mailto:[FOI #4120 email]]
Sent: Thursday, 5 October 2017 3:39 PM
To: Raewyn Harlock <[email address]>
Subject: Re: FOIREQ17/00064 - Acknowledgement of request - S 15AB extension of time applications [SEC=UNCLASSIFIED]
Dear Raewyn,
Sorry, just noted that the second part of my application could easily be misunderstood - I was seeking de-identified copies of the s 15AB application made by the top 3 agencies in question (listing their grounds for the s 15AB application to be approved), for the last ten approved by the OAIC in FY16/17 for those agencies, and not the emails from the OAIC approving the s 15AB applications (which would be of little use), in case of any misunderstanding.
Yours sincerely,
Verity Pane
-----Original Message-----
Dear Ms Pane
Freedom of Information request
I refer to your request for access to documents, made under the Freedom of
Information Act 1982 (Cth) (the FOI Act) and received by the Office of the
Australian Information Commissioner (OAIC) on 5 October 2017.
Scope of your request
You seek access to the following documents, complied under s 17, using
RESOLVE:
* A discrete document complied from RESOLVE, identifying the three top
agencies by volume for s 15AB applications to the OAIC in FY16/17, giving
(by agency) the number of s 15AB applications received in FY16/17, the
number of s 15AB applications decided IN FY16/17 by the OAIC, the number
of s 15AB applications approved by the OAIC in FY16/17, and a breakdown of
any other decision outcome for those remaining s 15AB applications dealt
with in FY16/17
* A copy of the last ten s 15AB applications approved by the OAIC
(personal information redacted) for each of the top three s 15 AB
requesting agencies, for FY16/17.
Timeframes for dealing with your request
Section 15 of the FOI Act requires this office to process your request no
later than 30 days after the day we receive it.
We received your request on 5 October 2017 and therefore must process it
by Monday 6 November 2017 (the due date falls on Saturday 4 November 2017,
but due to the operation of s 36 of the Acts Interpretation Act 1901 the
due date is extended to the next working day).
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
it would be unreasonable to publish.
If you would like to discuss this matter please contact me on (02) 9284
9802 during business hours or by email at [1][email address].
Regards
Raewyn Harlock | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [2]https://apac01.safelinks.protection.outl...
Phone: +61 2 9284 9802 | Email: [3][email address]
Protecting information rights – advancing information policy
[4]OAIC banner for email sig
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Dear Raewyn,
While my request is an FOI request, I also leave it open to the OAIC - should the OAIC wish to - to provide that subset administratively any time within the next 14 days, in which case I would withdraw my FOI should it be satisfied - but to avoid all doubt, I do not apply for administrative access, I just recognise that the OAIC has the discretion to volunteer under administrative access if it so wishes
Yours sincerely,
Verity Pane
Dear Ms Pane
You requested access to ‘.. the three top agencies by volume for s 15AB
applications to the OAIC in FY16/17, giving (by agency) the number of s
15AB applications received in FY16/17 …’.
Can I confirm whether you seek the number of s 15AB applications for all
Australian government agencies, or only the number for the top three
agencies (as identified in the first part of item 1)?
I also confirm receipt of your email about providing administrative access
to the document within 14 days.
Regards
Raewyn Harlock | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au
Phone: +61 2 9284 9802 | Email: [2][email address]
Protecting information rights – advancing information policy
[3]OAIC banner for email sig
-----Original Message-----
From: Verity Pane [mailto:[FOI #4120 email]]
Sent: Thursday, 5 October 2017 3:39 PM
To: Raewyn Harlock <[email address]>
Subject: Re: FOIREQ17/00064 - Acknowledgement of request - S 15AB
extension of time applications [SEC=UNCLASSIFIED]
Dear Raewyn,
Sorry, just noted that the second part of my application could easily be
misunderstood - I was seeking de-identified copies of the s 15AB
application made by the top 3 agencies in question (listing their grounds
for the s 15AB application to be approved), for the last ten approved by
the OAIC in FY16/17 for those agencies, and not the emails from the OAIC
approving the s 15AB applications (which would be of little use), in case
of any misunderstanding.
Yours sincerely,
Verity Pane
-----Original Message-----
Dear Ms Pane
Freedom of Information request
I refer to your request for access to documents, made under the Freedom of
Information Act 1982 (Cth) (the FOI Act) and received by the Office of the
Australian Information Commissioner (OAIC) on 5 October 2017.
Scope of your request
You seek access to the following documents, complied under s 17, using
RESOLVE:
* A discrete document complied from RESOLVE, identifying the three top
agencies by volume for s 15AB applications to the OAIC in FY16/17, giving
(by agency) the number of s 15AB applications received in FY16/17, the
number of s 15AB applications decided IN FY16/17 by the OAIC, the number
of s 15AB applications approved by the OAIC in FY16/17, and a breakdown of
any other decision outcome for those remaining s 15AB applications dealt
with in FY16/17
* A copy of the last ten s 15AB applications approved by the OAIC
(personal information redacted) for each of the top three s 15 AB
requesting agencies, for FY16/17.
Timeframes for dealing with your request
Section 15 of the FOI Act requires this office to process your request no
later than 30 days after the day we receive it.
We received your request on 5 October 2017 and therefore must process it
by Monday 6 November 2017 (the due date falls on Saturday 4 November 2017,
but due to the operation of s 36 of the Acts Interpretation Act 1901 the
due date is extended to the next working day).
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
it would be unreasonable to publish.
If you would like to discuss this matter please contact me on (02) 9284
9802 during business hours or by email at [1][email address].
Regards
Raewyn Harlock | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 |
[2][4]https://apac01.safelinks.protection.outl...
Phone: +61 2 9284 9802 | Email: [3][email address]
Protecting information rights – advancing information policy
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the sender immediately and delete all copies of this email, together
with any attachments.
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Dear Raewyn,
Just the top three agencies (by volume of s 15AB applications in FY16/17), not s 15AB statistics on all agencies (I assume that makes it easier, which is why I limited scope). I’m looking to get some data on the most common s 15AB applications, so it seemed best to limit to a small subset of the most frequent appliers for s 15AB for just one FY, so as to limit work involved. I’m conscious of making it easier to compile.
Yours sincerely,
Verity Pane
Dear Ms Pane
Thank you for your email clarifying the scope of your request.
A preliminary review of some of the documents indicates that some of the
FOI requests, for which the s 15AB extension of time has been sought, have
been made by businesses/organisations. Although you have excluded personal
information from your request, you have not excluded the identity of the
FOI requestor when this is a business or organisation. As a result, we may
be required to consult these businesses before making a decision on your
request.
Can you please advise whether you seek information identifying the
business/organisation that made the FOI request (that has resulted in the
s 15AB application)?
Regards
Raewyn Harlock | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au
Phone: +61 2 9284 9802 | Email: [2][email address]
Protecting information rights – advancing information policy
[3]OAIC banner for email sig
-----Original Message-----
From: Verity Pane [[4]mailto:[FOI #4120 email]]
Sent: Thursday, 5 October 2017 4:33 PM
To: Raewyn Harlock <[5][email address]>
Subject: RE: FOIREQ17/00064 - Acknowledgement of request - S 15AB
extension of time applications [SEC=UNCLASSIFIED]
Dear Raewyn,
Just the top three agencies (by volume of s 15AB applications in FY16/17),
not s 15AB statistics on all agencies (I assume that makes it easier,
which is why I limited scope). I’m looking to get some data on the most
common s 15AB applications, so it seemed best to limit to a small subset
of the most frequent appliers for s 15AB for just one FY, so as to limit
work involved. I’m conscious of making it easier to compile.
Yours sincerely,
Verity Pane
-----Original Message-----
Dear Ms Pane
You requested access to ‘.. the three top agencies by volume for s 15AB
applications to the OAIC in FY16/17, giving (by agency) the number of s
15AB applications received in FY16/17 …’.
Can I confirm whether you seek the number of s 15AB applications for all
Australian government agencies, or only the number for the top three
agencies (as identified in the first part of item 1)?
I also confirm receipt of your email about providing administrative access
to the document within 14 days.
Regards
Raewyn Harlock | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 |
[1][6]https://apac01.safelinks.protection.outl...
Phone: +61 2 9284 9802 | Email: [2][email address]
Protecting information rights – advancing information policy
[3]OAIC banner for email sig
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #4120 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://apac01.safelinks.protection.outl...
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.
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WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
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error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
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Dear Raewyn,
Thank you for your query. You have my consent to redact third party information - I’m only interested in the reasons given by the agency in its s 15AB application to the OAIC as to why a s 15AB application should be granted, in terms of the application itself.
Yours sincerely,
Verity Pane
Thank you.
-----Original Message-----
From: Verity Pane [mailto:[FOI #4120 email]]
Sent: Friday, 6 October 2017 5:16 PM
To: Raewyn Harlock <[email address]>
Subject: Re: FW: FOIREQ17/00064 - Further clarification of scope - s 15AB applications [SEC=UNCLASSIFIED]
Dear Raewyn,
Thank you for your query. You have my consent to redact third party information - I’m only interested in the reasons given by the agency in its s 15AB application to the OAIC as to why a s 15AB application should be granted, in terms of the application itself.
Yours sincerely,
Verity Pane
-----Original Message-----
Dear Ms Pane
Thank you for your email clarifying the scope of your request.
A preliminary review of some of the documents indicates that some of the
FOI requests, for which the s 15AB extension of time has been sought, have
been made by businesses/organisations. Although you have excluded personal
information from your request, you have not excluded the identity of the
FOI requestor when this is a business or organisation. As a result, we may
be required to consult these businesses before making a decision on your
request.
Can you please advise whether you seek information identifying the
business/organisation that made the FOI request (that has resulted in the
s 15AB application)?
Regards
Raewyn Harlock | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [1]https://apac01.safelinks.protection.outl...
Phone: +61 2 9284 9802 | Email: [2][email address]
Protecting information rights – advancing information policy
[3]OAIC banner for email sig
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4120 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://apac01.safelinks.protection.outl...
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.
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with any attachments.
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Dear Ms Pane
I refer to your FOI request of 5 October 2017.
Please find attached an FOI decision on your request.
The decision letter states that the documents and schedule of documents
will be provided to you via email as soon as practicable.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [2][email address]
[3]Email Sig ICON (003)
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Dear Emma,
While I thank you for your decision, it’s very disappointing—considering the Australian Information Commissioner and the OAIC are supposed to show leadership on privacy and freedom of information—that the OAIC have not complied with the Act, releasing only a decision today sans documents and even a schedule, when all were required to be provided today.
As this FOI is not one deferred, or for an extension under the Act exists, this was inappropriate and inconsistent with the obligations under the Act.
I quite understand that it’s possible a valid reason for this delay exist (assuming the OAIC “did’t just forget it’s homework”), but the appropriate action in such cases is to give notice and consult, prior to the statutory deadline elapsing, not giving notice after. This is sloppy and unprofessional.
That said, I will wait for the information that was required to be given today. I am less taken back by the delay, than the failure of FOI leadership by the body supposed to give leadership to other agencies here.
While it is correct that a document required to be compiled under s 17 logically can’t exist at the time of an FOI application being made, the Act expects it to be compiled within the statutory period and agencies are required to manage their resources to achieve that (there is no deferment of the statutory deadline simply because s 17 is involved).
Yours sincerely,
Verity Pane
Dear Ms Pane
I refer to my email of 6 November 2017.
Please find attached documents 1-10 referred to in the FOI decision dated
6 November 2017.
Please also find a schedule of the documents attached.
Due to the size of the pdf files I will send you documents 11-31 in two
emails to follow.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [2][email address]
[3]Email Sig ICON (003)
From: Emma Liddle
Sent: Monday, 6 November 2017 5:21 PM
To: '[FOI #4120 email]'
<[4][FOI #4120 email]>
Subject: FOIREQ17/00064 - Decision on your FOI request [SEC=UNCLASSIFIED]
Dear Ms Pane
I refer to your FOI request of 5 October 2017.
Please find attached an FOI decision on your request.
The decision letter states that the documents and schedule of documents
will be provided to you via email as soon as practicable.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [5]www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [6][email address]
[7]Email Sig ICON (003)
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
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6. mailto:[email address]
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Dear Ms Pane
I refer to my email of 6 November 2017.
Please find attached documents 11-20 referred to in the FOI decision dated
6 November 2017.
Due to the size of the pdf files I will send you documents 21-31 in an
email to follow.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [2][email address]
[3]Email Sig ICON (003)
From: Emma Liddle
Sent: Wednesday, 8 November 2017 10:49 AM
To: '[FOI #4120 email]'
<[FOI #4120 email]>
Subject: FOIREQ17/00064 - Your FOI request - documents 1-10 - email 1 of 3
[SEC=UNCLASSIFIED]
Dear Ms Pane
I refer to my email of 6 November 2017.
Please find attached documents 1-10 referred to in the FOI decision dated
6 November 2017.
Please also find a schedule of the documents attached.
Due to the size of the pdf files I will send you documents 11-31 in two
emails to follow.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [4]www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [5][email address]
[6]Email Sig ICON (003)
From: Emma Liddle
Sent: Monday, 6 November 2017 5:21 PM
To: '[FOI #4120 email]'
<[7][FOI #4120 email]>
Subject: FOIREQ17/00064 - Decision on your FOI request [SEC=UNCLASSIFIED]
Dear Ms Pane
I refer to your FOI request of 5 October 2017.
Please find attached an FOI decision on your request.
The decision letter states that the documents and schedule of documents
will be provided to you via email as soon as practicable.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [8]www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [9][email address]
[10]Email Sig ICON (003)
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
References
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Dear Ms Pane
I refer to my email of 6 November 2017.
Please find attached documents 21-31 referred to in the FOI decision dated
6 November 2017.
This is the third and final email attaching the documents.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [2][email address]
[3]Email Sig ICON (003)
From: Emma Liddle
Sent: Wednesday, 8 November 2017 10:51 AM
To: '[FOI #4120 email]'
<[FOI #4120 email]>
Subject: FOIREQ17/00064 - Your FOI request - documents 1-10 - email 2 of 3
[SEC=UNCLASSIFIED]
Dear Ms Pane
I refer to my email of 6 November 2017.
Please find attached documents 11-20 referred to in the FOI decision dated
6 November 2017.
Due to the size of the pdf files I will send you documents 21-31 in an
email to follow.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [4]www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [5][email address]
[6]Email Sig ICON (003)
From: Emma Liddle
Sent: Wednesday, 8 November 2017 10:49 AM
To: '[FOI #4120 email]'
<[7][FOI #4120 email]>
Subject: FOIREQ17/00064 - Your FOI request - documents 1-10 - email 1 of 3
[SEC=UNCLASSIFIED]
Dear Ms Pane
I refer to my email of 6 November 2017.
Please find attached documents 1-10 referred to in the FOI decision dated
6 November 2017.
Please also find a schedule of the documents attached.
Due to the size of the pdf files I will send you documents 11-31 in two
emails to follow.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [8]www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [9][email address]
[10]Email Sig ICON (003)
From: Emma Liddle
Sent: Monday, 6 November 2017 5:21 PM
To: '[FOI #4120 email]'
<[11][FOI #4120 email]>
Subject: FOIREQ17/00064 - Decision on your FOI request [SEC=UNCLASSIFIED]
Dear Ms Pane
I refer to your FOI request of 5 October 2017.
Please find attached an FOI decision on your request.
The decision letter states that the documents and schedule of documents
will be provided to you via email as soon as practicable.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [12]www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [13][email address]
[14]Email Sig ICON (003)
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
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Dear Emma,
Thank you for this belated release of documents that was due earlier.
While, for the most part, the release is reasonable, there has been some heavy handed redaction, which goes beyond that consent was given to.
In particular, I request the FOI Application references (which are not personal information and which will assist checking disclosure logs of non-PI FOI releases to evaluate outcomes following s 15AB grants) be provided.
It is interesting that despite s 15AB being only for complex and voluminous grounds, approved applications by the OAIC have been granted for reasons not relating to this (including failure of an agency to handle the original FOI appropriately due to agency error and/or failure to maintain appropriate file management systems and/or excessive attempts to contact third parties who are non-responsive and/or the agency failed to consider exemption grounds within the statutory period but now seeks extension to remedy and/or simply to get around a failure to seek or refusal to a s 15AA extension). It seems a very low bar has been set, below that of the legislation, by the OAIC (particularly when some applications in this release do not even address any complex or voluminous grounds, by make applications based on other issues). This does suggest further work is needed in this area.
It was useful to compare the variations by agency, and while there does seem to be a recycling of what is clearly template text by agencies in these applications (boiler plate reasons), some credit must go to the ATO (which was a surprise) for having a logical layout to its s 15AB applications (and while not for all, their applications generally provided adequate information to make reasonable assessments, whereas the standard was much lower for the other agencies, and some of the applications failed to identity adequately their complex and/or voluminous grounds in any clear fashion (or at all). This was despite one of the agencies using an OAIC developed form! (OAIC should consider revising their form to the layout used by the ATO, which was logical and linked issues to a reasonable standard). While I would not proclaim the ATO applications were gold standard (as a couple were lacking reasonable complex and/or voluminous grounds, seemly relying on claims alone that due to an issue being in discussion, and no ruling or agreement yet being reached, the ATO wished to delay access until after a matter had been settled, which is not a ground recognised under s 15AB), they are generally decent enough and the template is logical and assists agency officers to focus on the relevant grounds, and not get sidetracked into issues outside the scope of s 15AB, as was predominately present in the other agency applications.
If you can please provide the agency FOI references for the s 15AB application documents at your earliest, that would be appreciated (there are no valid grounds for their removal under s 22)
Yours sincerely,
Verity Pane
Dear Ms Pane
Thank you for email.
Could you please confirm that you are seeking access to agency reference numbers removed under s 22 of the FOI Act from the documents provided to you on 8 November 2017?
If you are seeking access to this information, we will treat your request as an application for internal review, received on 8 November 2017.
Please do not hesitate to contact me if you have any questions about this email.
Kind regards
Emma.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [email address]
-----Original Message-----
From: Verity Pane [mailto:[FOI #4120 email]]
Sent: Wednesday, 8 November 2017 11:41 AM
To: Emma Liddle <[email address]>
Subject: Re: FOIREQ17/00064 - Your FOI request - documents 21-31 - email 3 of 3 [SEC=UNCLASSIFIED]
Dear Emma,
Thank you for this belated release of documents that was due earlier.
While, for the most part, the release is reasonable, there has been some heavy handed redaction, which goes beyond that consent was given to.
In particular, I request the FOI Application references (which are not personal information and which will assist checking disclosure logs of non-PI FOI releases to evaluate outcomes following s 15AB grants) be provided.
It is interesting that despite s 15AB being only for complex and voluminous grounds, approved applications by the OAIC have been granted for reasons not relating to this (including failure of an agency to handle the original FOI appropriately due to agency error and/or failure to maintain appropriate file management systems and/or excessive attempts to contact third parties who are non-responsive and/or the agency failed to consider exemption grounds within the statutory period but now seeks extension to remedy and/or simply to get around a failure to seek or refusal to a s 15AA extension). It seems a very low bar has been set, below that of the legislation, by the OAIC (particularly when some applications in this release do not even address any complex or voluminous grounds, by make applications based on other issues). This does suggest further work is needed in this area.
It was useful to compare the variations by agency, and while there does seem to be a recycling of what is clearly template text by agencies in these applications (boiler plate reasons), some credit must go to the ATO (which was a surprise) for having a logical layout to its s 15AB applications (and while not for all, their applications generally provided adequate information to make reasonable assessments, whereas the standard was much lower for the other agencies, and some of the applications failed to identity adequately their complex and/or voluminous grounds in any clear fashion (or at all). This was despite one of the agencies using an OAIC developed form! (OAIC should consider revising their form to the layout used by the ATO, which was logical and linked issues to a reasonable standard). While I would not proclaim the ATO applications were gold standard (as a couple were lacking reasonable complex and/or voluminous grounds, seemly relying on claims alone that due to an issue being in discussion, and no ruling or agreement yet being reached, the ATO wished to delay access until after a matter had been settled, which is not a ground recognised under s 15AB), they are generally decent enough and the template is logical and assists agency officers to focus on the relevant grounds, and not get sidetracked into issues outside the scope of s 15AB, as was predominately present in the other agency applications.
If you can please provide the agency FOI references for the s 15AB application documents at your earliest, that would be appreciated (there are no valid grounds for their removal under s 22)
Yours sincerely,
Verity Pane
-----Original Message-----
Dear Ms Pane
I refer to my email of 6 November 2017.
Please find attached documents 21-31 referred to in the FOI decision dated
6 November 2017.
This is the third and final email attaching the documents.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [1]https://apac01.safelinks.protection.outl...
Phone: +61 2 9284 9717 | Email: [2][email address]
[3]Email Sig ICON (003)
From: Emma Liddle
Sent: Wednesday, 8 November 2017 10:51 AM
To: '[FOI #4120 email]'
<[FOI #4120 email]>
Subject: FOIREQ17/00064 - Your FOI request - documents 1-10 - email 2 of 3
[SEC=UNCLASSIFIED]
Dear Ms Pane
I refer to my email of 6 November 2017.
Please find attached documents 11-20 referred to in the FOI decision dated
6 November 2017.
Due to the size of the pdf files I will send you documents 21-31 in an
email to follow.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [4]https://apac01.safelinks.protection.outl...
Phone: +61 2 9284 9717 | Email: [5][email address]
[6]Email Sig ICON (003)
From: Emma Liddle
Sent: Wednesday, 8 November 2017 10:49 AM
To: '[FOI #4120 email]'
<[7][FOI #4120 email]>
Subject: FOIREQ17/00064 - Your FOI request - documents 1-10 - email 1 of 3
[SEC=UNCLASSIFIED]
Dear Ms Pane
I refer to my email of 6 November 2017.
Please find attached documents 1-10 referred to in the FOI decision dated
6 November 2017.
Please also find a schedule of the documents attached.
Due to the size of the pdf files I will send you documents 11-31 in two
emails to follow.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [8]https://apac01.safelinks.protection.outl...
Phone: +61 2 9284 9717 | Email: [9][email address]
[10]Email Sig ICON (003)
From: Emma Liddle
Sent: Monday, 6 November 2017 5:21 PM
To: '[FOI #4120 email]'
<[11][FOI #4120 email]>
Subject: FOIREQ17/00064 - Decision on your FOI request [SEC=UNCLASSIFIED]
Dear Ms Pane
I refer to your FOI request of 5 October 2017.
Please find attached an FOI decision on your request.
The decision letter states that the documents and schedule of documents
will be provided to you via email as soon as practicable.
If you have any queries, please contact me.
Kind regards
Emma Liddle.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [12]https://apac01.safelinks.protection.outl...
Phone: +61 2 9284 9717 | Email: [13][email address]
[14]Email Sig ICON (003)
References
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-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4120 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://apac01.safelinks.protection.outl...
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.
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WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
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the sender immediately and delete all copies of this email, together
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Dear Emma,
Forcing an internal review when the OAIC redacted information that was beyond the scope of any consent, and was a clear error on your part, isn’t showing leadership or best practice.
If internal review is agreed to for your error, how long does the OAIC intend to take to provide this information it shouldn’t have redacted unde s 22 in the first place.
Yours sincerely,
Verity Pane
Dear Ms Pane
Thank you for your email.
The OAIC must make a fresh decision within 30 days after the day on which the internal review application was received (please refer to s 54C of the FOI Act).
This means that should your email of 8 November 2017 be taken as a request for internal review, the OAIC must make a fresh decision no later than 11 December 2017.
I would be grateful if you could please confirm that you are seeking access to agency reference numbers removed under s 22 of the FOI Act from the documents provided to you on 8 November 2017. After receiving your confirmation the OAIC will acknowledge and process your request for internal review of the decision to remove agency reference numbers under s 22, made on 6 November 2017.
Please do not hesitate to contact me if you have any questions about this email.
Kind regards
Emma.
Emma Liddle | Acting Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [email address]
-----Original Message-----
From: Verity Pane [mailto:[FOI #4120 email]]
Sent: Friday, 10 November 2017 8:35 PM
To: Emma Liddle <[email address]>
Subject: RE: FOIREQ17/00064 - Your FOI request - documents 21-31 - email 3 of 3 [SEC=UNCLASSIFIED]
Dear Emma,
Forcing an internal review when the OAIC redacted information that was beyond the scope of any consent, and was a clear error on your part, isn’t showing leadership or best practice.
If internal review is agreed to for your error, how long does the OAIC intend to take to provide this information it shouldn’t have redacted unde s 22 in the first place.
Yours sincerely,
Verity Pane
-----Original Message-----
Dear Ms Pane
Thank you for email.
Could you please confirm that you are seeking access to agency reference numbers removed under s 22 of the FOI Act from the documents provided to you on 8 November 2017?
If you are seeking access to this information, we will treat your request as an application for internal review, received on 8 November 2017.
Please do not hesitate to contact me if you have any questions about this email.
Kind regards
Emma.
Emma Liddle | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | https://apac01.safelinks.protection.outl...
Phone: +61 2 9284 9717 | Email: [email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4120 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://apac01.safelinks.protection.outl...
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.
-------------------------------------------------------------------
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
Dear Emma,
That the OAIC will take 30 days plus (given the delays in your reply), to provide that which there was no consent to redact and therefore should not have been redacted under s 22 is an indication just how much the OAIC has abandoned it’s leadership responsibilities on FOI (and certainly explains the poor state of FOI across the federal scene, because if the OAIC endorses such game playing, it’s a free pass for other agencies to follow suit).
I will not be applying for internal review, as due to the OAIC not providing the documents and schedule until after the expiry of the statutory period, and the redacting of information it did not ha e consent to redact under s 22, that this FOI still remains a deemed refusal and yet to be satisfied by the OAIC.
Yours sincerely,
Verity Pane
Dear Ms Pane
Thank you for your email and confirmation that you do not wish to seek internal review in relation to an FOI decision made on 6 November 2017.
The OAIC provided you with a decision on your request within 30 days after your request was received, as required by s 15(5) of the FOI Act.
I confirm that request FOIREQ17/00064 has been closed.
I also confirm that the OAIC received your FOI request for access to agency reference numbers redacted from the documents supplied to you in relation to FOIREQ17/00064. Your FOI request was received today and has been registered as FOIREQ17/00068. The OAIC officer who is processing your FOI request will send you an acknowledgement email shortly.
Kind regards
Emma.
Emma Liddle | Acting Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | www.oaic.gov.au
Phone: +61 2 9284 9717 | Email: [email address]
-----Original Message-----
From: Verity Pane [mailto:[FOI #4120 email]]
Sent: Wednesday, 15 November 2017 1:53 PM
To: Emma Liddle <[email address]>
Subject: Re: FOIREQ17/00064 - Your FOI request - documents 21-31 - email 3 of 3 [SEC=UNCLASSIFIED]
Dear Emma,
That the OAIC will take 30 days plus (given the delays in your reply), to provide that which there was no consent to redact and therefore should not have been redacted under s 22 is an indication just how much the OAIC has abandoned it’s leadership responsibilities on FOI (and certainly explains the poor state of FOI across the federal scene, because if the OAIC endorses such game playing, it’s a free pass for other agencies to follow suit).
I will not be applying for internal review, as due to the OAIC not providing the documents and schedule until after the expiry of the statutory period, and the redacting of information it did not ha e consent to redact under s 22, that this FOI still remains a deemed refusal and yet to be satisfied by the OAIC.
Yours sincerely,
Verity Pane
-----Original Message-----
Dear Ms Pane
Thank you for your email.
The OAIC must make a fresh decision within 30 days after the day on which the internal review application was received (please refer to s 54C of the FOI Act).
This means that should your email of 8 November 2017 be taken as a request for internal review, the OAIC must make a fresh decision no later than 11 December 2017.
I would be grateful if you could please confirm that you are seeking access to agency reference numbers removed under s 22 of the FOI Act from the documents provided to you on 8 November 2017. After receiving your confirmation the OAIC will acknowledge and process your request for internal review of the decision to remove agency reference numbers under s 22, made on 6 November 2017.
Please do not hesitate to contact me if you have any questions about this email.
Kind regards
Emma.
Emma Liddle | Acting Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | https://apac01.safelinks.protection.outl...
Phone: +61 2 9284 9717 | Email: [email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4120 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://apac01.safelinks.protection.outl...
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.
-------------------------------------------------------------------
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
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***********************************************************************
Dear Emma,
The Act requires decision and documents to be provided within thirty days, and failure to provide both within that timeframe results in a deemed refusal, which you followed with an access refusal decision, given you withheld parts of the document that you had no consent under s 22 to redact.
You can pretend and ignore these issues all you like, but this FOI is far from closed and I will continue to treat it as such.
Yet again the OAIC set new lows. Maybe you should read the New Zealand Ombudsman’s report and stop treating FOI as a game to be manipulated.
Yours sincerely,
Verity Pane
Dear Emma Liddle,
That report can be found here http://www.ombudsman.parliament.nz/ckedi...
Yours sincerely,
Verity Pane
Verity Pane left an annotation ()
On 5 October 2017, I made an FOI application to the OAIC for a small number of documents, which should have been acknowledged within 14 days (s 15(5)(a)) and provided within 30 days (s 15(5)(b) - an FOI decision includes the documents and may not be split unless deferment decision has been made under s 21, which was not here).
The OAIC did not do so, and unlawfully deferred access to documents where no decision under s 21 had been made. This resulted in a deemed refusal.
Under s 22 (irrelevant material) the OAIC could not redact material that was in scope of the FOI application, unless consent had been given for them to do so, however the OAIC unlawfully redacted information which was clearly within scope and for which no consent was given to redact.
The OAIC, on being challenged with this, instead declared the FOI was closed, and did not deal with its unlawful behaviour.
Well they can spin and lie and behave unlawfully and in gross breach of the aims and objects and the letter of the FOI Act, but this FOI will be a permanent testament to that (even if I had to put a seperate FOI in to get what I should have received in the first place - https://www.righttoknow.org.au/request/f... - which has still been without resolution by the OAIC).
Given the immoral and unethical behaviour by the OAIC here, is it any surprise that under the (lack of) leadership of Timothy Pilgrim, that we have never seen so many FOI and privacy breaches occurring in the federal sphere, with the OAIC having abandoned and betrayed its statutory obligations.
Verity Pane left an annotation ()
The subsequent FOI the OAIC forced me to put in, after unethically and unlawfully redacting relevant information for which no consent was given to redact under s 22, is due this Friday. Here’s hoping that this ridiculous game playing by the OAIC ceases for such non-contentious (direction for which has been made to agencies not to withhold or delay or deny access to, that is still extant) information finally ends in respect to this request this week.
Verity Pane left an annotation ()
As the OAIC has not provided the documents requested by the statutory deadline (s 15(5)(b)) and when it did provide them exceeded the scope of consent for redaction (therefore has only made a partial release, and therefore still a refusal), and now seeks to play games, I will continue to maintain this FOI as a deemed refusal and will not help the OAIC massage this FOI into internal review - instead applying for the unethically withheld information via seperate FOI so the OAIC doesn’t get off the hook for this deemed refusal.