FOI Agency Reference Numbers for Documents in REQFOI17/00064
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,
I apply under FOI for the agency FOI references numbers inappropriately redacted without consent under s 22 in OAIC FOI REQFOI17/00064 https://www.righttoknow.org.au/request/e... (an FOI still under deemed refusal, due to withholding of document contents without consent under s 22 and the provision of documents after the statutory due date - s 15(5)(b) requires documents and decision to be provided within 30 days, and no deferment applied).
These are the numbers given by the agencies in the respective documents that were provided by the OAIC after the statutory due date had expired (s 15(5)(b)).
That information can be provided by releasing those documents again, without those agency FOI reference numbers being redacted, or compiled under s 17 into a discrete document.
Those FOI agency reference numbers are not personal or business information, so no consultation or exemption provisions apply.
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 15 November 2017 (attached).
Scope of your request
In your email you seek access to the agency FOI reference numbers redacted
under s 22 in the documents released to you in response to an FOI request
you made on 5 October 2017 (OAIC reference number is FOIREQ17/00064). You
advised that the information can be provided by releasing those documents
again without those agency FOI reference numbers being redacted, or
compiled under s 17 into a discrete document.
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 15 November 2017 and therefore must process it
by Friday 15 December 2017.
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) 8231
4214 during business hours or by email at [1][email address].
Regards
Rachel Ranjan | Assistant Director (A/g) | Freedom of Information
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5128 SYDNEY NSW 2001| [2]www.oaic.gov.au
Phone: +61 2 8231 4214 | E-mail: [3][email address]
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-----Original Message-----
From: Verity Pane [[5]mailto:[FOI #4205 email]]
Sent: Wednesday, 15 November 2017 2:05 PM
To: Enquiries <[6][email address]>
Subject: FOIREQ17/00068 Freedom of Information request - FOI Agency
Reference Numbers for Documents in REQFOI17/00064
Dear Office of the Australian Information Commissioner,
I apply under FOI for the agency FOI references numbers inappropriately
redacted without consent under s 22 in OAIC FOI REQFOI17/00064
[7]https://apac01.safelinks.protection.outl...
(an FOI still under deemed refusal, due to withholding of document
contents without consent under s 22 and the provision of documents after
the statutory due date - s 15(5)(b) requires documents and decision to be
provided within 30 days, and no deferment applied).
These are the numbers given by the agencies in the respective documents
that were provided by the OAIC after the statutory due date had expired (s
15(5)(b)).
That information can be provided by releasing those documents again,
without those agency FOI reference numbers being redacted, or compiled
under s 17 into a discrete document.
Those FOI agency reference numbers are not personal or business
information, so no consultation or exemption provisions apply.
Yours faithfully,
Verity Pane
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Dear Rachel,
Redacted unethically and inappropriately under s 22 given no consent was given to redact them, and they were within the scope of the FOI as made for REQFOI17/00064, which the OAIC refused to correct - those FOI Agency Reference Number contained in documents released after the statutory deadline (also unethically).
Let’s get one thing very clear from the get go - a FOI decision is not seperate from any documents released only and unless access to the released document/s is deferred under s 21. The Freedom of Information Act 1982 does not allow for any other delay between decision and released documents, because documents are part of the decision.
I’d appreciate it if the OAIC would stop behaving unethically and administer this FOI in accordance with the Act, to it’s letter and spirit, and not to repeat it’s grossly unethical and unlawful behaviours.
It is deeply disappointing that the OAIC seems to abandoned it’s leadership role, and is now continuing the race to the bottom on FOI across the government.
Yours sincerely,
Verity Pane
Dear Rachel,
A reminder, since the OAIC appears to deliberately “forget” sometimes that is required to provide its decision, *including* any released documents, as per s 15(5)(b) (as per the aims and objects stated in s 3(4) “functions and powers given by this Act are to be performed and exercised, as far as possible, to facilitate and promote public access to information, promptly and at the lowest reasonable cost” and the separation and withholding of documents, outside of formal s 21 deferment, runs contrary to the purposive interpretation to s 15(5)(b) that is required to be applied), is due this Friday.
It would be appreciated if the OAIC did not continue with unethical behaviour it has shown to date, and reasonably and ethically provides decision and documents as the legislation anticipates on the statutory due date.
Especially considering the OAIC acted ultra vires in redacting information under s 22 which was relevant and for which there was no consent given to redact.
Yours sincerely,
Verity Pane
Dear Ms Pane
A decision in response to your FOI request dated 15 November 2017 is
attached, as is the document you requested.
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
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Verity Pane left an annotation ()
I’ve marked this partial for two reasons:
1) Firstly, this information should have been provided a month ago with the original FOI decision, but was unethically and without consent redacted as irrelevant when it was not
2) Secondly, while the numbers sought have been provided, they have been provided without reference to which document it came from, which frankly is just low level interference from the OAIC - childish and not very appropriate - to muddy the waters further