FOI Delegations
Dear Comcare,
Under section 23 of the Freedom of Information Act, the principal officer or minister can make arrangements to give their decision making powers to others.
I'm hoping you can provide me with a copy of the current arrangements if possible.
If it helps, I'm happy for you to process this request under "administrative release" (https://www.oaic.gov.au/freedom-of-infor...). This would reduce the cost and time required to make a formal decision.
That said, I understand sometimes you want the request to be formal. If you won't process it informally, please process my request for the document as a formal FOI Request.
Please note - While I volunteer for Right to Know, this request is made in a personal capacity and not on behalf of Right to Know.
Yours faithfully,
Ben Fairless
Thank you for your email to Freedom of Information (FOI) at Comcare. If
your request meets the requirements for a valid FOI request, an
acknowledgement letter will be sent to you within 14 days. Otherwise, FOI
staff will contact you to discuss your request.
NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy.
Thank you for contacting the Freedom of Information team at Comcare. If
you have lodged a valid FOI request, an acknowledgement will be sent to
you within 14 days. Otherwise, a member of the FOI team will respond to
your email within three business days.
NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy.
For Official Use Only
Dear Mr Fairless
Thank you for your email of 14 November 2018, seeking access under the
Freedom of Information Act 1982 (the FOI Act) to, in my understanding is
the delegations from a principal officer or minister:
the principal officer or minister can make
arrangements to give their decision making powers to others
Your request has been assigned reference number 2018/12759 and you are
asked to cite that number in any communication you have with Comcare
concerning the request. Information on processing of your request is set
out below.
Timeframe for receiving your decision
The statutory timeframe for processing your request is 30 days from the
date on which it was received by Comcare, which makes the due date for the
decision on your request is 14 December 2018.
This timeframe may be extended where:
a) charges are levied as prescribed by the Freedom of Information
(Fees and Charges) Regulations 1982 (the FOI Regulations)(see charges
below);
b) consultation with third parties is necessary (see consultation
with third parties below);
c) by agreement from you, under section 15AA of the FOI Act; or
d. by approval of the Information Commissioner, under section 15AB of the
FOI Act.
Disclosure Log
Please note that information released under FOI Act may be published in a
disclosure log on the Comcare’s website. Section 11C of the FOI Act
requires this publication, however it is subject to certain exceptions,
including where publication of personal, business, professional or
commercial information would be unreasonable.
Exclusion of employee details
Where the full name and contact details of staff members are included in
the scope of a request, this may add to processing time and
applicable charges as it may be necessary to consider whether the details
are exempt under the FOI Act. On this basis, unless you tell us otherwise,
we will assume that these details are out of scope of your request
and they will be redacted under section 22 of the FOI Act.
Consultation with third parties
The FOI Act requires Comcare to undertake consultation prior to making any
decision to grant access to documents (subject to exemptions) that
contain:
· information that originated with, or was received from, a State
or an authority of a State;
· information that originated with, or was received from, a
foreign government, an authority of a foreign government or an
international organisation;
· information concerning a person's business or commercial
affairs, or the business, commercial or financial affairs of an
organisation or undertaking; or
o personal information about a person (including a deceased person).
You will be advised as soon as possible if external consultation is
required.
Charges
The department will advise you if a charge is payable to process your
request. No charge is payable for providing a person with their own
personal information.
Contact
Should you require clarification of any of the matters discussed in this
email, or have any queries throughout the process, please contact me by
email to [1][Comcare request email] or by telephone 1300 366 979.
Yours sincerely
FOI Delegate, Freedom of Information
Phone: 1300 366 979
Email: [2][Comcare request email]
[3]www.comcare.gov.au
121 Marcus Clarke St, Canberra City, ACT 2600
GPO Box 9905, CANBERRA ACT 2601
[4]images
NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy.
References
Visible links
1. mailto:[Comcare request email]
2. mailto:[Comcare request email]
3. http://www.comcare.gov.au/
UNCLASSIFIED
Dear Mr Fairless,
Please find attached the decision in relation to your recent FOI request.
Yours sincerely,
FOI Officer
Information Management
[Comcare request email]
GPO Box 9905, Canberra, ACT, 2601 | www.comcare.gov.au
NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy.