UNCLASSIFIED

Our references: FA 13/08/00260; ADF2013/25003

To Mr Robert Patch

Dear Mr Patch

I am writing to you in response to your email on 24 July 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:

•             Incident Detail Report 1-2SOSIL from the Department's
Compliance,  Case Management, Detention and Settlement Portal. I also
request any documents attached to the detailed report.

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 ‘notifiying’ 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: [email address]

UNCLASSIFIED

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Important Notice: If you have received this email by mistake, please
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the sender and delete the message and attachments immediately. This email,
including attachments, may contain confidential, sensitive, legally
privileged
and/or copyright information. Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. DIAC respects your privacy and has
obligations under the Privacy Act 1988. The official departmental privacy
policy can be viewed on the department's website at www.immi.gov.au. See:
http://www.immi.gov.au/functional/privac...

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

hide quoted sections

UNCLASSIFIED

Our references: FA 13/08/00260; ADF2013/25003

Dear Mr Patch

Thank you for confirming that you wish to wish to receive notices from
DIAC via this email address and that DIAC can anticipate that you will
respond to communications that are sent to you at 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: [1][email address]

UNCLASSIFIED

From: Robert Patch [[2]mailto:[email address]]
Sent: Saturday, 10 August 2013 6:03 PM
To: FOI NSW
Subject: Your references: FA 13/08/00260; ADF2013/25003

I refer to your correspondence dated 9 August 2013 in response to my email
of 24 July 2013 (the FOI request), under the Freedom of Information Act
1982 (Cth,) and asking that the Department of Immigration and Citizenship
provide me with a copy of the following document:

•             Incident Detail Report 1-2SOSIL from the
Department's Compliance,  Case Management, Detention and Settlement
Portal. I also

requested any documents attached to the detailed report.

I would like to resolve any doubt you might have that the request was not
made under the Freedom of Information Act 1982 (Cth). It was made under
the Freedom of Information Act 1982 (Cth) ("the FOI Act").

In particular, I confirm that the email address provided in the request
(the email address) is an address to which the Department can send
notices.

You state you are not satisfied that the email address meets the
requirement of 'details of how notices under this Act may be sent to the
applicant', referencing section15(2)(c). 

I have noted the paradox that you have sent your notice to an email
address which you say is not sufficient for the purposes of your
considering the FOI request.

By sending your notice to the email address, I take it you are now
satisfied that the email address meets the requirements of the FOI Act.

Further, subsection 15(2)(c) makes it clear that an electronic address
meets this requirement. The full text reads:
"(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 term "electronic communication" has the same meaning as in
the Electronic Transactions Act 1999  (see FOI Act s4(1).

That Act defines an "electronic communication" as follows:

"(a)  a communication of information in the form of data, text or images
by means of guided and/or unguided electromagnetic energy; 

(b)  a communication of information in the form of speech by means of
guided and/or unguided electromagnetic energy, where the speech is
processed at its destination by an automated voice recognition system."

It is clear enough that my request "provided details of how notices under
the Act may be sent to [me]". 

The email address provided in my request is an electronic address to which
the Department may send notices by communication of information in the
form of data, text or images by means of guided electromagnetic energy.

In the same way that Section 15(2A) authorised me to make my request by
sending the application to an electronic address specified by the
department, I designate this address as the detail required by Section
15(2)(c) of how a notice may be sent to me.

Please note that sending notices to that email address is the only address
to which notices may be sent in relation to the FOI request.

It is of no relevance that any notice sent to me at this electronic
address subsequently may be published, on the internet or anywhere else by
me or anybody else.

Yours sincerely

Robert Patch PSM

--------------------------------------------------------------------
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the sender and delete the message and attachments immediately. This email,
including attachments, may contain confidential, sensitive, legally
privileged
and/or copyright information. Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. DIAC respects your privacy and has
obligations under the Privacy Act 1988. The official departmental privacy
policy can be viewed on the department's website at www.immi.gov.au. See:
http://www.immi.gov.au/functional/privac...

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References

Visible links
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2. mailto:[email address]

hide quoted sections

UNCLASSIFIED

Our references: FA 13/08/00260; ADF2013/25003

Dear Mr Patch

I am writing to you regarding your request under the FOI Act for the
‘Incident Detail Report 1-2SOSIL’ from the Department of Immigration and
Citizenship’s (DIAC’s) Compliance, Case Management, Detention and
Settlement Portal (CCMDS Portal).

Background

As you would know, the FOI Act requires that any documents released to FOI
applicants must be published on DIAC’s FOI Disclosure Log, within 10
working days of the applicant being given access to the documents. A link
to DIAC’s FOI Disclosure Log can be found below:

http://www.immi.gov.au/about/foi/foi-dis...

Any person may request a copy of documents where the release of the
document has been published on DIAC’s FOI Disclosure Log. There is charge
for accessing these documents. These document can be provided within a day
or two of the person making the request and is a more efficient use of
Commonwealth resources.

Application to your request

The authorised decision maker has advised me that the incident detail
report 1-2SOSIL has been previously released under the FOI Act. Therefore,
the document can be provided to you without the need for a formal request
under the FOI Act.

Next steps

You are invited to withdraw your FOI request for this document and confirm
that you wish DIAC to provide you with the document that was published on
DIAC’s FOI Disclosure Log. Once you have done this, I will arrange for the
document to be provided to you outside the FOI Act.

Please feel free to contact me on the number below if you wish to discuss
this further.

Yours sincerely

Angela O'Neil
Assistant Director

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

-----Original Message-----
From: Robert Patch [mailto:[FOI #326 email]]
Sent: Tuesday, 30 July 2013 6:09 PM
To: FOI
Subject: TRIM: Freedom of Information request - FOI Request for Detail
Incident Report 1-2SOSIL

     To the Department of Immigration and Citizenship,

     Dear Sir/Madam,

     Under the Freedom of Information Act 1982 (Cth) I request the

     following document:

     Incident Detail Report 1-2SOSIL from the Department's Compliance,

     Case Management, Detention and Settlement Portal. I also request

     any documents attached to the detailed report.

     Kind Regards,

     Robert Patch

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

     Please use this email address for all replies to this request:

     [2][FOI #326 email]

     Is [3][email address] the wrong address for Freedom of Information

     requests to Department of Immigration and Citizenship? If so,

     please contact us using this form:

     [4]http://www.righttoknow.org.au/help/contact

     Write your response as plain text. Only send PDF documents as a

     last resort. Government guidelines make it clear that PDF is not an

     acceptable format for you to use in the delivery of government

     information.

     [5]http://www.righttoknow.org.au/help/offic...

     Disclaimer: This message and any reply that you make will be

     published on the internet. Our privacy and copyright policies:

     [6]http://www.righttoknow.org.au/help/offic...

     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.

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

UNCLASSIFIED

--------------------------------------------------------------------
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the sender and delete the message and attachments immediately. This email,
including attachments, may contain confidential, sensitive, legally
privileged
and/or copyright information. Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. DIAC respects your privacy and has
obligations under the Privacy Act 1988. The official departmental privacy
policy can be viewed on the department's website at www.immi.gov.au. See:
http://www.immi.gov.au/functional/privac...

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

References

Visible links
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2. mailto:[FOI #326 email]
3. mailto:[email address]
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5. http://www.righttoknow.org.au/help/offic...
6. http://www.righttoknow.org.au/help/offic...

hide quoted sections

UNCLASSIFIED

Our references: FA 13/08/00260; ADF2013/25003

To Mr Robert Patch

via email - [1][FOI #326 email]

Dear Mr Patch

Thank you for the response to the email dated 16 August 2013, in which I
advised you that the document you requested had already been published on
the Department’s FOI Disclosure Log. Its publication was required under
the Freedom of Information Act 1982 (Cth) because it was part of an FOI
release in 2011.

Parliament’s purpose in requiring agencies to publish released documents
via an ‘FOI’ disclosure log is to ensure that Commonwealth resources are
not wasted by agencies processing FOI requests for documents that have
already been provided to another FOI applicant under the Act. I note that
release under the Act is considered to be release to the ‘world at large’.

As a result, an agency is not required treat requests for documents
already listed on the agency’s FOI disclosure log as valid FOI requests.

This email is to provide you with a copy of the document previously
released under the Act. It is also to advise you that, as the Department
was able to provide you with the requested document outside the operation
of the Act, I have closed your request as invalid.

I am sending this advice to the email address that you nominated as the
official contact address.

Yours sincerely

Angela O'Neil
Assistant Director

FOI & Privacy Policy
Department of Immigration and Citizenship
Telephone: (02) 6264 1382
Email: [2][email address]

UNCLASSIFIED

From: Robert Patch [[3]mailto:[email address]]
Sent: Friday, 23 August 2013 9:21 PM
To: FOI NSW
Subject: Your references: FA 13/08/00260; ADF2013/25003

Thank you for your communication dated 16 August 2013.

You say the authorised decision maker has advised you that the incident
detail report 1-2SOSIL has been previously released under the FOI Act and
that the document can be provided to me without the need for a formal
request.

You have invited me to withdraw my FOI request for this document and
confirm that I wish DIAC to provide you with the document that was
published on DIAC’s FOI Disclosure Log. Once I have done this, you will
arrange for the document to be provided to me outside the FOI Act.

It is not apparent to me that DIAC's having published a document on its
FOI Disclosure Log satisfies its obligations under the FOI Act in relation
to my request. I would be grateful for your advice if this is not the
case.

Accordingly, please accept this email as refusing your request that I
withdraw my FOI request. I ask that you process my application in
accordance with the FOI Act.

yours sincerely

Robert Patch  PSM

[4][email address]

0420 851 165

(02) 6161 3796

________________________________________________________________

On 10/08/2013, at 6:03 PM, Robert Patch <[5][email address]> wrote:

I refer to your correspondence dated 9 August 2013 in response to my email
of 24 July 2013 (the FOI request), under the Freedom of Information Act
1982 (Cth,) and asking that the Department of Immigration and Citizenship
provide me with a copy of the following document:

•             Incident Detail Report 1-2SOSIL from the
Department's Compliance,  Case Management, Detention and Settlement
Portal. I also

requested any documents attached to the detailed report.

I would like to resolve any doubt you might have that the request was not
made under the Freedom of Information Act 1982 (Cth). It was made under
the Freedom of Information Act 1982 (Cth) ("the FOI Act").

In particular, I confirm that the email address provided in the request
(the email address) is an address to which the Department can send
notices.

You state you are not satisfied that the email address meets the
requirement of 'details of how notices under this Act may be sent to the
applicant', referencing section15(2)(c). 

I have noted the paradox that you have sent your notice to an email
address which you say is not sufficient for the purposes of your
considering the FOI request.

By sending your notice to the email address, I take it you are now
satisfied that the email address meets the requirements of the FOI Act.

Further, subsection 15(2)(c) makes it clear that an electronic address
meets this requirement. The full text reads:
"(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 term "electronic communication" has the same meaning as in
the Electronic Transactions Act 1999  (see FOI Act s4(1).

That Act defines an "electronic communication" as follows:

"(a)  a communication of information in the form of data, text or images
by means of guided and/or unguided electromagnetic energy; 

(b)  a communication of information in the form of speech by means of
guided and/or unguided electromagnetic energy, where the speech is
processed at its destination by an automated voice recognition system."

It is clear enough that my request "provided details of how notices under
the Act may be sent to [me]". 

The email address provided in my request is an electronic address to which
the Department may send notices by communication of information in the
form of data, text or images by means of guided electromagnetic energy.

In the same way that Section 15(2A) authorised me to make my request by
sending the application to an electronic address specified by the
department, I designate this address as the detail required by Section
15(2)(c) of how a notice may be sent to me.

Please note that sending notices to that email address is the only address
to which notices may be sent in relation to the FOI request.

It is of no relevance that any notice sent to me at this electronic
address subsequently may be published, on the internet or anywhere else by
me or anybody else.

Yours sincerely

Robert Patch PSM

Robert

[6][email address]

0420 851 165

(02) 6161 3796

--------------------------------------------------------------------
Important Notice: If you have received this email by mistake, please
advise
the sender and delete the message and attachments immediately. This email,
including attachments, may contain confidential, sensitive, legally
privileged
and/or copyright information. Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. DIAC respects your privacy and has
obligations under the Privacy Act 1988. The official departmental privacy
policy can be viewed on the department's website at www.immi.gov.au. See:
http://www.immi.gov.au/functional/privac...

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

References

Visible links
1. mailto:[FOI #326 email]
2. mailto:[email address]
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]
6. mailto:[email address]

hide quoted sections

UNCLASSIFIED
 
Our references:  FA 13/08/01274; ADF2013/28201
 
Dear Mr Patch
 
Thank you for your email.
 
The Freedom of Information Act 1982 (Cth) favours release outside the FOI
Act where possible. Further, s.44 of the Financial Management &
Accountability Act 1997 (FMA Act) requires Departments to make ‘proper
use’ of Commonwealth resources. Proper use means ‘efficient, effective,
economical and ethical use that is not inconsistent with the policies of
the Commonwealth’. Parliament’s purpose in enacting the reforms which led
to the implementation of the (mandatory) FOI disclosure log for
Commonwealth agencies was to ensure that agencies made the best use of the
Commonwealth’s FOI resources.
 
The Department’s purpose in giving you the previously released document
was to provide you with a document as quickly as possible outside the
operation of the Act without requiring a decision maker to undertake a
duplicate decision. This complied with the objects and requirements of the
FOI Act and the FMA Act and with the intention of Parliament.
 
Request for internal review
 
The Department cannot treat your request as a request for internal review
because the previous request was not a valid FOI request. Therefore, the
Department will process your request for the ‘Incident Detail Report
1-2SOSIL (and)…any attachments’ within the 30 days provided under the Act
as a new request under s.15 of the Act. This is the same period allowed
under the Act for decisions on internal review.
 
I also note that by treating this request as a fresh request, you will
have two sets of review rights if you are dissatisfied with the final
decision. The review paths are:
 

 1. Internal review  by the Department.
 1. External review by the Information Commissioner.

 
I note that an internal review decision is a ‘fresh’ decision under the
Act in which the decision maker makes an entirely new decision. It is not
a merits review of the previous decision. Further, an internal review
decision can only be reviewed by the Information Commissioner. By treating
this as a new request, the Department is maximising your review rights
under the Act, while not impacting on your right to receive a timely and
well considered decision.
 
In closing, I can advise that your request has been allocated to a
decision maker who will be in touch with you next week to provide an
update on the progress of the request.
 
Yours sincerely
 
Angela O'Neil
Assistant Director
FOI & Privacy Policy
Department of Immigration and Citizenship
Telephone: (02) 6264 1382
Email: [1][email address]
 
 
From: Robert Patch [[2]mailto:[email address]]
Sent: Tuesday, 3 September 2013 10:18 PM
To: FOI
Subject: Fwd: Your FOI request FA 13/08/01274, ADF2013/28201
 
Dear Ms O'Neil
 
Thank you for your email 30 August 2013.
 
The Department has proposed that it will accept my request as a new
request.
 
I see no reason for the Department to do this.
 
I ask that the Department process my request dated 16 August 2013 in
accordance with the FOI Act.
 
The Department provided a redacted copy of the requested documents.
 
I have asked that the Department undertake an internal review of its
decision in accordance with the FOI Act.
 
I look forward to hearing from the Department about the outcome of the
internal review.
 
I would be happy if the Department sent its formal replies to my
correspondence to the address used in my request of 16 August 2013. If it
is convenient for the Department, I would not object to a copy being sent
to [3][email address]
 
 
 
Yours sincerely 

Robert Patch
 
[4][email address]
0420 851 165
02 6161 3796
UNCLASSIFIED
 
 

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the sender and delete the message and attachments immediately. This email,
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privileged
and/or copyright information. Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. DIAC respects your privacy and has
obligations under the Privacy Act 1988. The official departmental privacy
policy can be viewed on the department's website at www.immi.gov.au. See:
http://www.immi.gov.au/functional/privac...

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3. mailto:[email address]
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UNCLASSIFIED

Our references: FA 13/08/01274;  ADF2013/28201

Dear Mr Patch

Re: Your Freedom of Information request

I am writing to inform you that I have been appointed as the authorised
decision maker on your FOI request for:

Incident Detail Report 1-2SOSIL from the Department's Compliance, Case
Management, Detention and Settlement Portal. I also request any documents
attached to the detailed report.

As part of DIAC's FOI service standard, I will update you every 14 days
regarding progress of your request. However, please do not hesitate to
contact me if you have any questions or wish to discuss the request in the
interim.

I have received the documents that relate to this request from the
relevant business area and I have begun my assessment of them

Regards

Amy Thompson

Email – [email address]

UNCLASSIFIED

--------------------------------------------------------------------
Important Notice: If you have received this email by mistake, please
advise
the sender and delete the message and attachments immediately. This email,
including attachments, may contain confidential, sensitive, legally
privileged
and/or copyright information. Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. DIAC respects your privacy and has
obligations under the Privacy Act 1988. The official departmental privacy
policy can be viewed on the department's website at www.immi.gov.au. See:
http://www.immi.gov.au/functional/privac...

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

hide quoted sections

UNCLASSIFIED
 
Our references:  FA 13/08/01274; ADF2013/28201
 
Dear Mr Patch
 
Thank you for your request. In relation to the your first two questions, I
note that these have been answered in previous correspondence.
 
In relation to your third question, your request will be assessed for
charges as per the Department’s routine procedures. The Department issues
charges notices where the time for processing a request exceeds 5 hours.
Charges estimate include all stages of the FOI process, starting with the
receipt of the request to the time the decision maker notifies an
applicant of the decision. I cannot guarantee that you will not receive a
charges notice as I am not the appointed decision maker for your request.
 
I note that one purpose of the FOI disclosure log is to ensure that, where
a document has previously been released under the FOI Act (an potentially
assessed for charges), the document is then available to other members of
the public. While agencies may charge a fee to access information on the
disclosure log, this Department has not instituted that practice.
 
As you would understand, by providing you with a previously redacted
version of the document you requested, the Department was attempting to
that a charges notice would not be issued to you for a document that was
already in the public domain.
 
Yours sincerely
 
 
Angela O'Neil
Manager FOI HelpDesk
FOI & Privacy Policy
Department of Immigration and Citizenship
Telephone: (02) 6264 1382
Email: [1][email address]
 
 
-----Original Message-----
From: Robert Patch [[2]mailto:[FOI #326 email]]
Sent: Thursday, 5 September 2013 5:37 PM
To: FOI
Subject: TRIM: Re: Re - FOI request FA 13/08/01274 [SEC=UNCLASSIFIED]
 
     ADF2013/28201
 
     Dear FOI,
 
     Thank you for your correspondence dated 5 September 2013.
 
     You say the Department cannot treat my request as a request for
     internal review because the previous request was not a valid FOI
     request.
 
     But the Department is prepared to treat my request as a new request
     and process it in accordance with the FOI Act.
 
     I have 3 questions.
 
     First, why was my "previous request" not valid?
 
     Second, what has happened so that the Department is prepared to
     treat my request as new request?
 
     Third, will the Department waive any fees that might otherwise be
     payable for processing what it says is my new request?
 
     Please note that this email is made without prejudice to my right
     to seek review by the Information Commissioner of the Department's
     decision to affirm its original decision on my request to supply a
     redacted copy of the document, or to not supply any document under
     the Act (and to instead provide a redacted document outside the
     Act).
 
     Yours sincerely,
 
     Robert Patch
 
     -----Original Message-----
 
     UNCLASSIFIED
      
     Our references:  FA 13/08/01274; ADF2013/28201
      
     Dear Mr Patch
      
     Thank you for your email.
      
     The Freedom of Information Act 1982 (Cth) favours release outside
     the FOI
     Act where possible. Further, s.44 of the Financial Management &
     Accountability Act 1997 (FMA Act) requires Departments to make
     ‘proper
     use’ of Commonwealth resources. Proper use means ‘efficient,
     effective,
     economical and ethical use that is not inconsistent with the
     policies of
     the Commonwealth’. Parliament’s purpose in enacting the reforms
     which led
     to the implementation of the (mandatory) FOI disclosure log for
     Commonwealth agencies was to ensure that agencies made the best
     use of the
     Commonwealth’s FOI resources.
      
     The Department’s purpose in giving you the previously released
     document
     was to provide you with a document as quickly as possible outside
     the
     operation of the Act without requiring a decision maker to
     undertake a
     duplicate decision. This complied with the objects and
     requirements of the
     FOI Act and the FMA Act and with the intention of Parliament.
      
     Request for internal review
      
     The Department cannot treat your request as a request for internal
     review
     because the previous request was not a valid FOI request.
     Therefore, the
     Department will process your request for the ‘Incident Detail
     Report
     1-2SOSIL (and)…any attachments’ within the 30 days provided under
     the Act
     as a new request under s.15 of the Act. This is the same period
     allowed
     under the Act for decisions on internal review.
      
     I also note that by treating this request as a fresh request, you
     will
     have two sets of review rights if you are dissatisfied with the
     final
     decision. The review paths are:
      
 
      1. Internal review  by the Department.
      1. External review by the Information Commissioner.
 
      
     I note that an internal review decision is a ‘fresh’ decision
     under the
     Act in which the decision maker makes an entirely new decision. It
     is not
     a merits review of the previous decision. Further, an internal
     review
     decision can only be reviewed by the Information Commissioner. By
     treating
     this as a new request, the Department is maximising your review
     rights
     under the Act, while not impacting on your right to receive a
     timely and
     well considered decision.
      
     In closing, I can advise that your request has been allocated to a
     decision maker who will be in touch with you next week to provide
     an
     update on the progress of the request.
      
     Yours sincerely
      
     Angela O'Neil
     Assistant Director
     FOI & Privacy Policy
     Department of Immigration and Citizenship
     Telephone: (02) 6264 1382
     Email: [1][DIAC request email]
      
      
     From: Robert Patch [[2][3]mailto:[email address]]
     Sent: Tuesday, 3 September 2013 10:18 PM
     To: FOI
     Subject: Fwd: Your FOI request FA 13/08/01274, ADF2013/28201
      
     Dear Ms O'Neil
      
     Thank you for your email 30 August 2013.
      
     The Department has proposed that it will accept my request as a
     new
     request.
      
     I see no reason for the Department to do this.
      
     I ask that the Department process my request dated 16 August 2013
     in
     accordance with the FOI Act.
      
     The Department provided a redacted copy of the requested
     documents.
      
     I have asked that the Department undertake an internal review of
     its
     decision in accordance with the FOI Act.
      
     I look forward to hearing from the Department about the outcome of
     the
     internal review.
      
     I would be happy if the Department sent its formal replies to my
     correspondence to the address used in my request of 16 August
     2013. If it
     is convenient for the Department, I would not object to a copy
     being sent
     to [3][email address]
      
      
      
     Yours sincerely 
 
     Robert Patch
      
     [4][email address]
     0420 851 165
     02 6161 3796
     UNCLASSIFIED
      
      
 
     References
 
     Visible links
     1. [4]mailto:[DIAC request email]
     2. [5]mailto:[email address]
     3. [6]mailto:[email address]
     4. [7]mailto:[email address]
 
     -------------------------------------------------------------------
     Please use this email address for all replies to this request:
     [8][FOI #326 email]
 
     Write your response as plain text. Only send PDF documents as a
     last resort. Government guidelines make it clear that PDF is not an
     acceptable format for you to use in the delivery of government
     information.
     [9]http://www.righttoknow.org.au/help/offic...
 
     Disclaimer: This message and any reply that you make will be
     published on the internet. Our privacy and copyright policies:
     [10]http://www.righttoknow.org.au/help/offic...
 
     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.
 
     -------------------------------------------------------------------
 
UNCLASSIFIED
 
 

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References

Visible links
1. mailto:[email address]
2. mailto:[FOI #326 email]
3. mailto:[email
4. mailto:[diac
5. mailto:[email
6. mailto:[email
7. mailto:[email
8. mailto:[FOI #326 email]
9. http://www.righttoknow.org.au/help/offic...
10. http://www.righttoknow.org.au/help/offic...

hide quoted sections

UNCLASSIFIED

Our references:  FA 13/08/01274; ADF2013/28201

Dear Mr Patch

Thank you for your views which are noted. As noted in the Department’s
response to your email of 5 September, the questions you have posed have
been addressed by the Department.

As you are aware, your request has been allocated to a decision maker who
is progressing your request.

Yours sincerely

Angela O'Neil
Manager FOI HelpDesk

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

-----Original Message-----
From: Robert Patch [mailto:[FOI #326 email]]
Sent: Monday, 9 September 2013 10:50 AM
To: FOI
Subject: TRIM: Re: Re - FOI request FA 13/08/01274 [SEC=UNCLASSIFIED]

     Dear FOI,

     Thank you for your correspondence dated 5 September 2013.

     You say the Department cannot treat my request as a request for

     internal review because the previous request was not a valid FOI

     request.

     But the Department is prepared to treat my request as a new request

     and process it in accordance with the FOI Act.

     I have 3 questions.

     First, why was my "previous request" not valid?

     Second, what has happened so that the Department is prepared to

     treat my request as new request?

     Third, will the Department waive any fees that might otherwise be

     payable for processing what it says is my new request?

     Please note that this email is made without prejudice to my right

     to seek review by the Information Commissioner of the Department's

     decision to affirm its original decision on my request to supply a

     redacted copy of the document, or to not supply any document under

     the Act (and to instead provide a redacted document outside the

     Act).

     Yours sincerely,

     Robert Patch

UNCLASSIFIED

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Important Notice: If you have received this email by mistake, please
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the sender and delete the message and attachments immediately. This email,
including attachments, may contain confidential, sensitive, legally
privileged
and/or copyright information. Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. DIAC respects your privacy and has
obligations under the Privacy Act 1988. The official departmental privacy
policy can be viewed on the department's website at www.immi.gov.au. See:
http://www.immi.gov.au/functional/privac...

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References

Visible links
1. mailto:[email address]

hide quoted sections

UNCLASSIFIED

Our references: FA 13/08/01274; ADF2013/28201

Dear Mr Patch

Thank you for your views.

In relation to your request that the Department 'waive any fees' for processing the request, as advised previously, the authorised decision maker (Ms Thompson) will assess your request in line with the routine Departmental procedures and will advise you whether any charges apply.

Please note that the Department will not respond to any further questions about why the Department has treated the request as invalid. Similarly, the Department will not respond to any further requests that the Department treat your current FOI request as a request for internal review.

Yours sincerely

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

-----Original Message-----
From: Robert Patch [mailto:[FOI #326 email]]
Sent: Wednesday, 11 September 2013 12:29 AM
To: FOI
Subject: TRIM: Re: FOI Request FA 13/08/01274 - allocation to a decision maker [SEC=UNCLASSIFIED]

Dear Ms Thompson

Thank you for your communication dated 10 September 2013.

This matter has a chequered history.

I made my request to the Department on 30 July 2013 requesting
access to certain documents under the FOI Act.

The Department responded on Friday 9 August 2013 advising that "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." It asked me to "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.

It did not escape me that the Department was being quite firm in
establishing the tabletable within which it proposed to consider
(or not consider) my request. It was allowing me only 3 business
days to respond to its communication of 9 August.

I replied before the deadline. The Department advised on 14 August
that "I am
satisfied that the requirement in s.15(2)(c) of the Act is met and
will progress your request accordingly".

On 16 August the Department indicated that I was " invited to
withdraw your FOI request for this document and confirm that you
wish DIAC to provide you with the document that was published on
DIAC’s FOI Disclosure Log. Once you have done this, I will arrange
for the document to be provided to you outside the FOI Act." The
Department also indicated that "There is charge for accessing these
documents".

On 23 August I wrote to the Department "refusing your request that
I withdraw my FOI request. I ask that you process my application in
accordance with the FOI Act".

On 28 August the Department wrote advising "This email is to
provide you with a copy of the document previously released under
the Act. It is also to advise you that, as the Department was able
to provide you with the requested document outside the operation of
the Act, I have closed your request as invalid". Enclosed with the
email was a heavily redacted copy of the requested documents. I
trust you have a copy.

I replied on 28 August indicating that I considered "the Department
has decided to give me access to a document but not giving, in
accordance with the request, access to all documents to which the
request relates. Alternatively, the Department has made a decision
purporting to give, in accordance with my request, access to all
documents to which my request relates, but not actually giving that
access. The Department has therefore made an access refusal
decision (see s53A of the Act) in relation to my request."

I went on to ask the Department to "accept this email as an
application under Part VI of the Act for the internal review of the
access refusal decision."

The Department wrote to me on 30 August indicating that "The
Department will accept your request as a new request".

I wrote to the Department on 3 September asking that the Department
process my original request in accordance with the FOI Act. I
indicated that I saw no reason for the Department to treat my
request as a new request.

The Department replied on 5 September that it "cannot treat your
request as a request for internal review because the previous
request was not a valid FOI request. Therefore, the
Department will process your request for the ‘Incident Detail
Report 1-2SOSIL (and)…any attachments’ within the 30 days provided
under the Act as a new request under s.15 of the Act."

I replied on 5 September asking the following 3 questions.

"First, why was my "previous request" not valid?

"Second, what has happened so that the Department is prepared to
treat my request as new request?

""Third, will the Department waive any fees that might otherwise be
payable for processing what it says is my new request?"

I also asked the Department to "note that this email is made
without prejudice to my right to seek review by the Information
Commissioner of the Department's decision to affirm its original
decision on my request to supply a redacted copy of the document,
or to not supply any document under the Act (and to instead provide
a redacted document outside the Act)."

In relation to the first question, I note that the Department
initially indicated that my request might be invalid because I had
not provided an address with my request. But the Department
indicated in its communication dated 14 August that I had provided
an appropriate address.

I now have your communication dated 10 September 2013.

I note that the Department has still not given me access to any
further documents.

Please accept this email as a further application under Part VI of
the Act for the internal review of its access refusal decision in
relation to my request.

I would also welcome your advice on the 3 questions asked above.

I also request that the Department waive on public interest grounds
any fee payable on its purported request dated 30 August 2013.

Yours sincerely,

Robert Patch

UNCLASSIFIED

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Important Notice: If you have received this email by mistake, please advise
the sender and delete the message and attachments immediately. This email,
including attachments, may contain confidential, sensitive, legally privileged
and/or copyright information. Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. DIAC respects your privacy and has
obligations under the Privacy Act 1988. The official departmental privacy
policy can be viewed on the department's website at www.immi.gov.au. See:
http://www.immi.gov.au/functional/privac...

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UNCLASSIFIED

Our reference: FA 13/08/01274; ADF2013/28201

Dear Mr Patch

I am writing to give you a progress update on your FOI request FA
13/08/01274 seeking the following:

Incident Detail Report 1-2SOSIL from the Department's Compliance, Case
Management, Detention and Settlement Portal. I also request any documents
attached to the detailed report.

This email is to confirm that I am in the final stages of processing your
request.

Kind Regards

Amy Thompson

FOI & Privacy Officer

Ministerial, Executive and External Accountability Branch
Department of Immigration and Border Protection

Email: [email address]

UNCLASSIFIED

UNCLASSIFIED

Our references: FA 13/08/01274; ADF2013/28201

Dear Mr Patch

I refer to your request FA 13/08/01274, received on 28 August 2013 for the
following:

“Incident Detail Report 1-2SOSIL from the Department's Compliance, Case
Management, Detention and Settlement Portal. I also request any documents
attached to the detailed report.”

I have made a final decision on this request.

Please see attached my signed Decision Letter, Decision Record documents.

This request has now been closed.

Regards

Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Tel: (02) 62643131

Freedom of Information Helpdesk

Department of Immigration and Citizenship

UNCLASSIFIED

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Important Notice: If you have received this email by mistake, please
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the sender and delete the message and attachments immediately. This email,
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and/or copyright information. Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. DIAC respects your privacy and has
obligations under the Privacy Act 1988. The official departmental privacy
policy can be viewed on the department's website at www.immi.gov.au. See:
http://www.immi.gov.au/functional/privac...

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