FOI Delegations - 2016 - a Freedom of Information request to Family Court of Australia

Dear Mr Fairless

I refer to your email below.

I have interpreted your request as one which includes all or any documents
held by the Family Court that could be described as a currently viable
instrument delegating power to an officer or officers to make decisions
through the Freedom of Information Act 1982 (the FOI Act), and all or any
documents containing directions issued by court management and covering
the current period in relation to management of FOI matters.

As there are no such documents held by the Family Court, as an officer
authorised under the Act to make such decisions, I am minded to refuse
your request under section 24A of the FOI Act, which provides for refusal
where documents cannot be found. I will make this decision unless you can
clarify that your request refers to documents of a different nature.

Regards

The Freedom of Information Officer
The Family Court of Australia

From: Ben Fairless <[FOI #2586 email]>
To: FOI requests at Family Court of Australia
<[Family Court of Australia request email]>,
Date: 02/11/2016 09:01 PM
Subject: Freedom of Information request - FOI Delegations - 2016

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Dear Family Court of Australia,

Can I please have a copy of the current FOI Delegations, and any related
directions issued in respect of FOI.

I believe this information could be considered "operational information"
so I therefore request release under the IPS, or under Administrative
Access.

Yours faithfully,

Ben Fairless

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Please use this email address for all replies to this request:
[FOI #2586 email]

Is [Family Court of Australia request email] the wrong address for Freedom of
Information requests to Family Court of Australia? If so, please contact
us using this form:
[1]https://www.righttoknow.org.au/change_re...

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:
[2]https://www.righttoknow.org.au/help/offi...

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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The information contained in this e-mail (including any attachments)

is for the exclusive use of the addressee. If you are not the intended

recipient please notify the sender immediately and delete this e-mail.

It is noted that legal privilege is not waived because you have read

this e-mail.

**********************************************************************

References

Visible links
1. https://www.righttoknow.org.au/change_re...
2. https://www.righttoknow.org.au/help/offi...

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FOI review rights.pdf

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Dear Mr Fairless

I refer to your email below.

There is no obligation in the FOI Act for there to be a written
authorisation from a staff agency head. Such an arrangement may be made
without a written instrument and any staff member in an agency may be
called upon by the agency head to perform FOI duties.

As there are no such documents as you have requested held by the Family
Court, as an officer authorised under the Act to make such decisions, I am
refusing your request under section 24A of the FOI Act, which provides for
refusal where documents cannot be found.

Please find attached your rights of review.

Regards

The Freedom of Information Officer
The Family Court of Australia

From: Ben Fairless <[FOI #2586 email]>
To: FOI requests at Family Court of Australia
<[Family Court of Australia request email]>,
Date: 08/11/2016 07:49 AM
Subject: Re: Freedom of Information request - FOI Delegations -
2016 [SEC=UNCLASSIFIED]

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Dear Family Court of Australia,

If you're authorised by the head of the agency, then there must be a
written record of that authorisation. Can you provide me with a copy of
all written authorisations by the head of your agency which delegate
functions under the FOI Act? Has the FCA issued any guidance notes to its
staff (independent of the OAIC GUIDELINES) on FOI Requests?

Yours faithfully,

Ben Fairless

-----Original Message-----

Dear Mr Fairless

I refer to your email below.

I have interpreted your request as one which includes all or any documents
held by the Family Court that could be described as a currently viable
instrument delegating power to an officer or officers to make decisions
through the Freedom of Information Act 1982 (the FOI Act), and all or any
documents containing directions issued by court management and covering
the current period in relation to management of FOI matters.

As there are no such documents held by the Family Court, as an officer
authorised under the Act to make such decisions, I am minded to refuse
your request under section 24A of the FOI Act, which provides for refusal
where documents cannot be found. I will make this decision unless you can
clarify that your request refers to documents of a different nature.

Regards

The Freedom of Information Officer
The Family Court of Australia

From: Ben Fairless <[FOI #2586 email]>
To: FOI requests at Family Court of Australia
<[Family Court of Australia request email]>,
Date: 02/11/2016 09:01 PM
Subject: Freedom of Information request - FOI Delegations - 2016

--------------------------------------------------------------------------

Dear Family Court of Australia,

Can I please have a copy of the current FOI Delegations, and any related
directions issued in respect of FOI.

I believe this information could be considered "operational information"
so I therefore request release under the IPS, or under Administrative
Access.

Yours faithfully,

Ben Fairless

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #2586 email]

Is [Family Court of Australia request email] the wrong address for Freedom
of
Information requests to Family Court of Australia? If so, please contact
us using this form:
[1][1]https://www.righttoknow.org.au/change_re...

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:
[2][2]https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #2586 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:
[3]https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------

**********************************************************************

The information contained in this e-mail (including any attachments)

is for the exclusive use of the addressee. If you are not the intended

recipient please notify the sender immediately and delete this e-mail.

It is noted that legal privilege is not waived because you have read

this e-mail.

**********************************************************************

References

Visible links
1. https://www.righttoknow.org.au/change_re...
2. https://www.righttoknow.org.au/help/offi...
3. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear Mr Fairless

I refer to your request below for an internal review of my decision.

I apologise on behalf of the Court for the delay in sending a response.
The review process will be completed and a decision sent to you before the
end of next week.
Regards

The Freedom of Information Officer
The Family Court of Australia

From: Ben Fairless <[FOI #2586 email]>
To: FOI requests at Family Court of Australia
<[Family Court of Australia request email]>,
Date: 10/11/2016 06:46 PM
Subject: Internal review of Freedom of Information request - FOI
Delegations - 2016

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Dear Family Court of Australia,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of Family Court of Australia's
handling of my FOI request 'FOI Delegations - 2016'.

A person (who's name or position is not provided) has by their own
admission stated there is no way to prove their authorisation to make
decisions under the FOI Act. If a written authorisation doesn't exist, how
can you prove the person was authorised to make a decision?

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[1]https://www.righttoknow.org.au/request/f...