Follow up - Use of s 44 powers - Agencies
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 seek copy of documents relating to the use of s 44 powers with respect to Commonwealth agencies. The OAIC has already conducted all search and retrevial - having published, de-identified, all documents excercising s 44 powers, in your IPS log
https://www.oaic.gov.au/resources/about-...
As the documents are de-identified, I cannot myself determine what category of entity the Respondent falls in, and thus must seek the OAIC to confirm (which given the structure of the FOI Act, I am best off requesting as documents, to avoid bad faith conduct).
All that is required is for the OAIC to provide that subset of the previous release that were made to federal government agencies, or confirm that none of those documents fall in scope (confirming that the OAIC has never used its s 44 powers on federal government agencies).
Easy peasy and quickly done. Again, personal information may continue to be redacted.
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 27 September 2017
(attached).
Scope of your request
In your email you seek access to a subset of the documents released to you on 25
August 2017, in response to an FOI request you made on 31 July 2017. The subset
you seek is the s 44 notices issued to Australian government agencies.
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 27 September 2017 and therefore must process
it by Friday 27 October 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) 9284
9802 during business hours or by email at [1][email address].
Regards
Raewyn Harlock | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [2]www.oaic.gov.au
Phone: +61 2 9284 9802 | Email: [3][email address]
[4]Right to Know Day email signature
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Dear Ms Harlock,
While my request is an FOI request, I also leave it open to the OAIC - should the OAIC wish to - to provide that subset administratively any time within the next 14 days, in which case I would withdraw my FOI should it be satisfied - but to avoid all doubt, I do not apply for administrative access, I just recognise that the OAIC has the discretion to volunteer under administrative access if it so wishes.
Yours sincerely,
Verity Pane
Dear Ms Pane
A decision on your FOI request is attached, as are the documents 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]
[3]Right to Know Day email signature
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
References
Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
3. https://www.oaic.gov.au/rtkday/