UNCLASSIFIED

Our references: FA 14/03/00028; ADF2014/7319

Dear Ruth

I am writing to you in response to your email dated 25 February 2014,
purportedly under the Freedom of Information Act 1982 (FOI Act) and asking
that the Department of Immigration and Border Protection provide you with
a copy of the following document:

Incident Detail Report 1-4449XA 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 may
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 ‘notifying’ 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 by writing to [1][email address] that the email address you
have provided is an address to which the Department can send you notices,
by close of business Monday 10 March 2014. 

The request will then be validated.

If you have not provided confirmation by that time, the request will be
closed as invalid.

Yours sincerely

Janelle

__________________________________

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section
Department of Immigration and Border Protection

Email: [2][email address]

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UNCLASSIFIED

Our references: FA 14/03/00028; ADF2014/7319

Dear Ruth

Thank you for your email confirming an alternate contact for your FOI
requests.

Your request has now been validated and you will receive an
acknowledgement shortly.

The department will send all correspondence and notices to your specified
contacts.  You can nominate a preferred contact should you wish to do so.

Yours sincerely

Janelle

__________________________________

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section
Department of Immigration and Border Protection

Email: [1][email address]

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UNCLASSIFIED

Our references: FA 14/03/00028; ADF2014/7319

Dear Ruth

I am writing in regards to your FOI request seeking:  

Incident Detail Report 1-4449XA 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 advise you of my decision that you are liable to pay a
charge in respect of the processing of your FOI request in accordance with
s 29 of the FOI Act.  

Please see the attached letter for further information.

How to pay:

Include your FA Reference number and advise whether you wish to pay the
deposit or the full amount.

The deposit or full payment can be paid by cheque, money order or credit
card.

Cheques and money orders should be made payable to "Collector of Public
Monies" and sent to

FOI & Privacy Policy Section

Department of Immigration and Border Protection

PO Box 25

BELCONNEN  ACT  2616

AUSTRALIA

Should you choose to pay by credit card, please fill out the attached
credit card authorisation form and forward to FOI & Privacy Policy Section
at the above address, or email to [1][email address]. 

_____________________________________

Shannon Bevan
FOI Officer

FOI & Privacy Policy Section

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

( (02) 6264 4667

8 [2][email address] 

UNCLASSIFIED

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

UNCLASSIFIED

Our references: FA 14/03/00028; ADF2014/7319

Dear Ruth,

I refer to your FOI request received on 25 February 2014, seeking access
to the following:

Incident Detail Report 1-4449XA 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, and
Schedule of Documents and documents released under the FOI Act.

This request has now been closed.

Regards

_____________________________________

Shannon Bevan
FOI Officer

FOI & Privacy Policy Section

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

UNCLASSIFIED

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