UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

I refer to your recent FOI request received 12 April 2014, seeking access
to:

I request, under the Freedom of Information Act, a copy of all documents
that contain a reference to "Right to Know" or "OpenAustralia Foundation",
their relevant acronyms ("RTK" and "OAF").

This request is subject to the following exclusions:

- FOI Applications from users of Right to Know, and the direct responses
to those applications

- The names of anyone who is NOT a Public Servant

This request includes, but is not limited to, emails, policy statements
and hand written notes

The purpose of this email is to seek clarification on the extent of your
request.

The FOI Guidelines, Part 3 – Processing requests for access, issued by the
Australian Information Commissioner, provide the following advice:

3.44 An applicant must provide information that is ‘reasonably necessary’
to enable the agency or minister to identify the document that is
requested (s 15(2)(b)). A request can be described quite broadly and must
be read fairly by an agency or minister, being mindful not to take a
narrow or pedantic approach to its construction.11

3.45 The request will extend to any document that might reasonably be
taken to be included within the description the applicant has used.

Currently your request may be interpreted quite broadly as you have not
identified which area(s) of the department your request relates to and
your request does not included a timeframe.  Without clarification on
these issues the department may need to consider whether a practical
refusal reason exists in relation to your request.

I note that I have recently provided you with some advice on the
limitations of searching for items of email correspondence and TRIM record
holdings, this advice would also apply in relation to this request.

To assist the department in managing its FOI caseload please provide a
response to my email by close of business, Thursday 1 May 2014.

Yours Sincerely

Janelle

__________________________________

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section
Department of Immigration and Border Protection

Email: [1][email address]

-----Original Message-----
From: Ben Fairless [mailto:[FOI #588 email]]
Sent: Saturday, 12 April 2014 12:17 AM
To: FOI
Subject: TRIM: Freedom of Information request - Internal Discussions
related to "Right to Know"

Dear Department of Immigration and Border Protection,

Following on from my recent request at
[2]https://www.righttoknow.org.au/request/i...,
I request, under the Freedom of Information Act, a copy of all documents
that contain a reference to "Right to Know" or "OpenAustralia Foundation",
their relevant acronyms ("RTK" and "OAF").

This request is subject to the following exclusions:

- FOI Applications from users of Right to Know, and the direct responses
to those applications

- The names of anyone who is NOT a Public Servant

This request includes, but is not limited to, emails, policy statements
and hand written notes.

Yours faithfully,

Ben Fairless

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

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

[3][FOI #588 email]

Is [4][email address] the wrong address for Freedom of Information
requests to Department of Immigration and Border Protection? If so, please
contact us using this form:

[5]https://www.righttoknow.org.au/help/cont...

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.

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

This request is being made by an individual using the Right to Know
website. The unique email address provided by the service for this request
satisfies s.15(2)(c) of the Freedom of Information Act.

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[7]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.

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

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. DIBP 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:[email address]
2. https://www.righttoknow.org.au/request/i...
3. mailto:[FOI #588 email]
4. mailto:[email address]
5. https://www.righttoknow.org.au/help/cont...
6. https://www.righttoknow.org.au/help/offi...
7. https://www.righttoknow.org.au/help/offi...

hide quoted sections

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

Thank you for your email, please see my response to your enquiry.

The Ministerial, Executive and External Accountability area does include
the FOI Section, however there are six sections within this area.  This
includes the section responsible for registering and coordinating every
day ministerial correspondence to the Minister’s / department; and the
section responsible for coordinating external engagement with the
Ombudsman / Australian Human Rights Commission.  Please consider whether
you intended to capture all of these types of business areas or if you
would consider revising this to the FOI Section; and/or revise the types
of documents you intend to capture from this area, for example: Minster
briefs/submissions.

The Legal and Assurance group is again a large area of the department, are
you able to clarify what types of documents from this area you would
consider to be in scope of your request.

I note you have not indicated a timeframe for the search, this in
connection to the large number of business areas and Senior Executive
Officers may still require the department to consider a practical refusal
reason.

Are you able to provide some advice on the nature/topic of the documents
it is you are seeking access to in addition to your scope being for
documents that reference "Right to Know" or "OpenAustralia Foundation", as
this may assist the department in providing you with advice on the scope
of your request and what areas within the department may be relevant.

I hope this information is of assistance

Yours Sincerely

Janelle

__________________________________

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section
Department of Immigration and Border Protection

Email: [1][email address]

-----Original Message-----
From: Ben Fairless [mailto:[FOI #588 email]]
Sent: Monday, 28 April 2014 5:29 PM
To: FOI
Subject: Re: Clarification of scope - Freedom of Information request -
Internal Discussions related to "Right to Know" [SEC=UNCLASSIFIED]

Dear Janelle,

Thanks for your acknowledgement. Looking at the most recently available
Organisation Chart
([2]http://www.immi.gov.au/about/reports/ann...),
I could be prepared to limit the scope of my request to:

- The Ministerial, Executive and External Accountability area

- The FOI and Privacy Policy section (if it doesn't fall under the first
one).

- Legal and Assurance group

- Senior Executives within the Department (I note a list is provided here:
[3]http://www.immi.gov.au/about/department/...)

This would of course be subject to confirmation that a Practical Refusal
Reason would not exist in relation to this request.

Let me know your thoughts.

Regards,

Ben Fairless

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

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

I refer to your recent FOI request received 12 April 2014, seeking access

to:

I request, under the Freedom of Information Act, a copy of all documents 
that contain a reference to "Right to Know" or "OpenAustralia
Foundation",  their relevant acronyms ("RTK" and "OAF").

This request is subject to the following exclusions:

- FOI Applications from users of Right to Know, and the direct responses 
to those applications

- The names of anyone who is NOT a Public Servant

This request includes, but is not limited to, emails, policy statements 
and hand written notes

The purpose of this email is to seek clarification on the extent of your 
request.

The FOI Guidelines, Part 3 – Processing requests for access, issued by
the  Australian Information Commissioner, provide the following advice:

3.44 An applicant must provide information that is ‘reasonably necessary’

to enable the agency or minister to identify the document that is 
requested (s 15(2)(b)). A request can be described quite broadly and must 
be read fairly by an agency or minister, being mindful not to take a 
narrow or pedantic approach to its construction.11

3.45 The request will extend to any document that might reasonably be 
taken to be included within the description the applicant has used.

Currently your request may be interpreted quite broadly as you have not 
identified which area(s) of the department your request relates to and 
your request does not included a timeframe.  Without clarification on 
these issues the department may need to consider whether a practical 
refusal reason exists in relation to your request.

I note that I have recently provided you with some advice on the 
limitations of searching for items of email correspondence and TRIM
record  holdings, this advice would also apply in relation to this
request.

To assist the department in managing its FOI caseload please provide a 
response to my email by close of business, Thursday 1 May 2014.

Yours Sincerely

Janelle

__________________________________

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section

Department of Immigration and Border Protection

Email: [1][DIBP request email]

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

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

[4][FOI #588 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.

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

This request is being made by an individual using the Right to Know
website. The unique email address provided by the service for this request
satisfies s.15(2)(c) of the Freedom of Information Act.

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[6]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.

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

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. DIBP 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:[email address]
2. http://www.immi.gov.au/about/reports/ann...
3. http://www.immi.gov.au/about/department/...
4. mailto:[FOI #588 email]
5. https://www.righttoknow.org.au/help/offi...
6. https://www.righttoknow.org.au/help/offi...

hide quoted sections

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

Thank you for your email, providing advice on the clarification for the
extent of your request.  I have understood the scope of your request to
be:

I request, under the Freedom of Information Act, a copy of all documents
that contain a reference to "Right to Know" or "OpenAustralia Foundation",
their relevant acronyms ("RTK" and "OAF").

This request includes, but is not limited to, emails, policy statements
and hand written notes.

Lets put a date limit in from 1 January 2012.

I'll revise the scope to:

- FOI and Privacy Policy Section

- Legal and Assurance group

- Senior Executives within the Department (I note a list is provided here:

[1]http://www.immi.gov.au/about/department/...)

This request is subject to the following exclusions:

- FOI Applications from users of Right to Know, and the direct responses
to those applications

- The names of anyone who is NOT a Public Servant

If this is not accurate please notify me as soon as possible.

Request for s.15AA extension of Time

The current due date for your request is Monday 12 May 2014.  Due to the
number of requests currently being processed by our office, we will not be
able to finalise your request by the original due date. 

The Department seeks your agreement (under s.15AA of the FOI Act) to
extend the timeframe for the processing of your request by 30 days.  This
would extend the due date for your request to Wednesday 11 June 2014.

It would assist the Department in managing its FOI caseload if you could
provide a response to this request by close of business, Thursday 8 May
2014.

Update on the status of your request

Following the consultation of the scope of your request the FOI Section
will engage with relevant business areas to identify relevant documents.
 The search and retrieval process is ongoing.

Please do not hesitate to contact me should you wish to discuss.

Yours sincerely

Janelle

__________________________________

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section

Department of Immigration and Border Protection

Email: [email address]

-----Original Message-----
From: Ben Fairless [mailto:[FOI #588 email]]
Sent: Friday, 2 May 2014 1:20 PM
To: FOI
Subject: RE: Clarification of scope - Freedom of Information request -
Internal Discussions related to "Right to Know" [SEC=UNCLASSIFIED]

Dear Janelle,

Apologies for the delay in getting back to you.

Lets put a date limit in from 1 January 2012.

I'll revise the scope to:

- FOI and Privacy Policy Section

- Legal and Assurance group

- Senior Executives within the Department (I note a list is provided here:

[2]http://www.immi.gov.au/about/department/...)

The reason I've kept Legal and Assurance in there is because I'm keen to
understand if your legal teams have had any involvement in RTK or OAF.

Does this help?

Yours sincerely,

Ben Fairless

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

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

Thank you for your email, please see my response to your enquiry.

The Ministerial, Executive and External Accountability area does include 
the FOI Section, however there are six sections within this area.  This 
includes the section responsible for registering and coordinating every 
day ministerial correspondence to the Minister’s / department; and the 
section responsible for coordinating external engagement with the 
Ombudsman / Australian Human Rights Commission.  Please consider whether 
you intended to capture all of these types of business areas or if you 
would consider revising this to the FOI Section; and/or revise the types 
of documents you intend to capture from this area, for example: Minster 
briefs/submissions.

The Legal and Assurance group is again a large area of the department,
are  you able to clarify what types of documents from this area you would 
consider to be in scope of your request.

I note you have not indicated a timeframe for the search, this in 
connection to the large number of business areas and Senior Executive 
Officers may still require the department to consider a practical refusal 
reason.

Are you able to provide some advice on the nature/topic of the documents 
it is you are seeking access to in addition to your scope being for 
documents that reference "Right to Know" or "OpenAustralia Foundation",
as  this may assist the department in providing you with advice on the
scope  of your request and what areas within the department may be
relevant.

I hope this information is of assistance

Yours Sincerely

Janelle

__________________________________

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section

Department of Immigration and Border Protection

Email: [1][DIBP request email]

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

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

[3][FOI #588 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.

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

This request is being made by an individual using the Right to Know
website. The unique email address provided by the service for this request
satisfies s.15(2)(c) of the Freedom of Information Act.

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[5]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.

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

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. DIBP 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. http://www.immi.gov.au/about/department/...
2. http://www.immi.gov.au/about/department/...
3. mailto:[FOI #588 email]
4. https://www.righttoknow.org.au/help/offi...
5. https://www.righttoknow.org.au/help/offi...

hide quoted sections

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

The department is still within the search and retrieval process for this
FOI request.  Although you have clarified of the scope of your request the
number of officers and business areas that are required to undertake a
search and retrieval is significant.  I would ask you to consider agreeing
to further time to assist the department in the processing of your FOI
request, can we agree on a 14 day extension.

In relation to your enquiry about a practical refusal reason, I have
consider the clarification of the scope and I am satisfied that it has
identified a timeframe and specific officers / business areas within the
department.  Therefore I consider that a search and retrieval is
reasonable.  However until the FOI Section receives advice from all the
officers and relevant business areas as to the number of documents
identified, I am unsure if a practical refusal reason may need to be
considered by an authorised FOI decision maker. 

The FOI Section will keep you updated on the progress of your request and
following the identification of documents the request will be assigned to
an authorised FOI decision maker.

Yours Sincerely

Janelle

__________________________________

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section
Department of Immigration and Border Protection

Email: [1][email address]

-----Original Message-----
From: Ben Fairless [mailto:[FOI #588 email]]
Sent: Tuesday, 6 May 2014 9:59 AM
To: FOI
Subject: RE: Clarification of scope - Freedom of Information request -
Internal Discussions related to "Right to Know" [SEC=UNCLASSIFIED]

Dear Janelle,

I'm happy to provide a 7 day extension, please feel free to ask for
another if this isn't sufficient.

Can you advise if a Practical Refusal Reason exists for this request or
have I sufficiently limited it?

Thanks,

Ben Fairless

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

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

Thank you for your email, providing advice on the clarification for the 
extent of your request.  I have understood the scope of your request to

be:

I request, under the Freedom of Information Act, a copy of all documents 
that contain a reference to "Right to Know" or "OpenAustralia
Foundation",  their relevant acronyms ("RTK" and "OAF").

This request includes, but is not limited to, emails, policy statements 
and hand written notes.

Lets put a date limit in from 1 January 2012.

I'll revise the scope to:

- FOI and Privacy Policy Section

- Legal and Assurance group

- Senior Executives within the Department (I note a list is provided here:

[1][2]http://www.immi.gov.au/about/department/...)

This request is subject to the following exclusions:

- FOI Applications from users of Right to Know, and the direct responses 
to those applications

- The names of anyone who is NOT a Public Servant

If this is not accurate please notify me as soon as possible.

Request for s.15AA extension of Time

The current due date for your request is Monday 12 May 2014.  Due to the 
number of requests currently being processed by our office, we will not
be  able to finalise your request by the original due date. 

The Department seeks your agreement (under s.15AA of the FOI Act) to 
extend the timeframe for the processing of your request by 30 days.  This 
would extend the due date for your request to Wednesday 11 June 2014.

It would assist the Department in managing its FOI caseload if you could 
provide a response to this request by close of business, Thursday 8 May 
2014.

Update on the status of your request

Following the consultation of the scope of your request the FOI Section 
will engage with relevant business areas to identify relevant documents.

 The search and retrieval process is ongoing.

Please do not hesitate to contact me should you wish to discuss.

Yours sincerely

Janelle

__________________________________

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section

Department of Immigration and Border Protection

Email: [DIBP request email]

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

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

[3][FOI #588 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.

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

This request is being made by an individual using the Right to Know
website. The unique email address provided by the service for this request
satisfies s.15(2)(c) of the Freedom of Information Act.

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[5]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.

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

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. DIBP 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:[email address]
2. http://www.immi.gov.au/about/department/...
3. mailto:[FOI #588 email]
4. https://www.righttoknow.org.au/help/offi...
5. https://www.righttoknow.org.au/help/offi...

hide quoted sections

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

Thank you for agreeing to a 14 day extension of time.

The new due date for this request is Monday 26 May 2014.

Please note it was not my intention to make any impression on you as to
the potential size of your request.  I am not making any assumptions as to
the results of the search, it could be large, or it could be small.
 However It may be misleading if I was to conclude that there would be no
need for the department to consider whether a practical refusal reason
existed or not when I do not know the number of potential documents that
may fall within the scope, there are after all a considerable number of
officers and business areas required to undertake a search.

You may refine the scope of your request at any stage of the FOI process.

Yours Sincerely

Janelle

__________________________________

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section
Department of Immigration and Border Protection

Email: [1][email address]

-----Original Message-----
From: Ben Fairless [mailto:[FOI #588 email]]
Sent: Tuesday, 6 May 2014 12:30 PM
To: FOI
Subject: Re: Freedom of Information request - Internal Discussions related
to "Right to Know" [SEC=UNCLASSIFIED]

Dear Janelle,

14 days is fine. I reserve the right to refine my scope should it be
required depending on the charges notification (your email seems to imply
it will be rather large).

Yours sincerely,

Ben Fairless

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

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

The department is still within the search and retrieval process for this 
FOI request.  Although you have clarified of the scope of your request
the  number of officers and business areas that are required to undertake
a  search and retrieval is significant.  I would ask you to consider
agreeing  to further time to assist the department in the processing of
your FOI  request, can we agree on a 14 day extension.

In relation to your enquiry about a practical refusal reason, I have 
consider the clarification of the scope and I am satisfied that it has 
identified a timeframe and specific officers / business areas within the 
department.  Therefore I consider that a search and retrieval is 
reasonable.  However until the FOI Section receives advice from all the 
officers and relevant business areas as to the number of documents 
identified, I am unsure if a practical refusal reason may need to be 
considered by an authorised FOI decision maker. 

The FOI Section will keep you updated on the progress of your request and 
following the identification of documents the request will be assigned to 
an authorised FOI decision maker.

Yours Sincerely

Janelle

__________________________________

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section

Department of Immigration and Border Protection

Email: [1][DIBP request email]

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

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

[2][FOI #588 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.

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

This request is being made by an individual using the Right to Know
website. The unique email address provided by the service for this request
satisfies s.15(2)(c) of the Freedom of Information Act.

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[4]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.

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

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. DIBP 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:[email address]
2. mailto:[FOI #588 email]
3. https://www.righttoknow.org.au/help/offi...
4. https://www.righttoknow.org.au/help/offi...

hide quoted sections

UNCLASSIFIED

Our references: FA 14/04/00806;  ADF2014/13362

Dear Mr Fairless

Re: Your Freedom of Information request

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

I request, under the Freedom of Information Act, a copy of all documents
that contain a reference to "Right to Know" or "OpenAustralia Foundation",
their relevant acronyms ("RTK" and "OAF").

This request includes, but is not limited to, emails, policy statements
and hand written notes.

Lets put a date limit in from 1 January 2012.

I'll revise the scope to:

- FOI and Privacy Policy Section

- Legal and Assurance group

- Senior Executives within the Department (I note a list is provided here:

<http://www.immi.gov.au/about/department/...>)

This request is subject to the following exclusions:

- FOI Applications from users of Right to Know, and the direct responses
to those applications

- The names of anyone who is NOT a Public Servant

As part of the department’s FOI service standard, I will update you every
14 days regarding the 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.

Regards

Steven Hocking
Assistant Director

FOI & Privacy Policy Section
Department of Immigration and Border Protection

Telephone: (02) 6264 1007
Email: [1][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. DIBP 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:[email address]

hide quoted sections

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Ben Fairless

I am writing in regards to your FOI request seeking:  

I request, under the Freedom of Information Act, a copy of all documents
that contain a reference to "Right to Know" or "OpenAustralia Foundation",
their relevant acronyms ("RTK" and "OAF").

This request includes, but is not limited to, emails, policy statements
and hand written notes.

Lets put a date limit in from 1 January 2012.

I'll revise the scope to:

- FOI and Privacy Policy Section

- Legal and Assurance group

- Senior Executives within the Department (I note a list is provided here:

<[1]http://www.immi.gov.au/about/department/...>)

This request is subject to the following exclusions:

- FOI Applications from users of Right to Know, and the direct responses
to those applications

- The names of anyone who is NOT a Public Servant

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, credit
card or Electronic Funds Transfer (EFT).

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 complete the attached
credit card authorisation form (CCAF form), including your signature and
forward to FOI & Privacy Policy Section at the above address, or email to
[2][email address].  

Should you choose to pay by EFT the department’s bank account details are
as follows:

       •           Bank:                           CBA

       •           BSB:                            062987

       •           Account Number:       10016044

       •           Account Name:           DIBP Official Administered
Direct Credit Receipts Account.

When making the transfer you will need to quote the number of your request
- FA 14/04/00806 - so that your payment can be identified by our Finance
area.  Failure to do so may result in payments not being identified as FOI
related and could result in processing delays.

Please advise FOI when you have made the payment made by direct credit so
that we can contact the Finance area and they can issue a receipt. You
should also be aware that payments by direct credit are not processed in
real time. There is at least a one day delay between somebody paying money
into the department's account and notification of the payment via our bank
account statement.

Regards

Steven Hocking
Assistant Director

FOI & Privacy Policy Section
Department of Immigration and Border Protection

Telephone: (02) 6264 1007
Email: [3][email address]

UNCLASSIFIED

References

Visible links
1. http://www.immi.gov.au/about/department/...
2. mailto:[email address]
3. mailto:[email address]

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

Thank you for your email.

I consider your email to be a contention of charges. You still retain your right to request an internal review of charges or to seek a review by the Information Commissioner. I am required to provide a response to your contention of the charge within 30 days of receipt of your email. This would make the due date for my response Sunday 22 May 2014. However, as this falls on a non-working day, s.36(2) of the Acts Interpretation Act 1901 provides that the latest date I may respond is the next working day, which is Monday 23 May 2014. Of course, I will endeavour to response before this date.

Your email stated that you believe the charges have been wrongly assessed and that payment of the charge would cause financial hardship.

I have attached a fact sheet from the Office of the Australian Information Commissioner regarding the charges process and claiming financial hardship. In order for me to consider financial hardship you must demonstrate how the imposition of a charge would cause financial hardship. The attached fact sheet provides examples whereby an applicant may attached a copy of a pension or welfare card.

At this stage, since you have provided no evidence that the charge would cause you financial hardship, I am only required to consider that the charge has been wrongly assessed. You are welcome to submit evidence supporting your financial hardship.

Regards

Steven Hocking
Assistant Director
Department of Immigration and Border Protection
Telephone: (02) 6264 1007
Email: [email address]

-----Original Message-----
From: Ben Fairless [mailto:[FOI #588 email]]
Sent: Friday, 23 May 2014 6:01 PM
To: FOI
Subject: Re: Charges notification under s.29 of the FOI Act – FA 14/04/00806 [SEC=UNCLASSIFIED]

Dear Mr Hocking,

I assume you are joking when you tell me that it took the Department 30.65 hours (nearly 4 full days) to find 17 pages which relate to this request?

Assuming you are not, I contend that the charges have been wrongly assessed, and that payment of the charge would cause me undue financial hardship.

// Charges have been wrongly assessed \\ I contend that the charges have been wrongly assessed. You have indicated that it took 30.25 hours for employees of the Department to find 17 pages of records. This is over 3 full working days at 8 hours.

I completed a search on my Email System (Microsoft Outlook using MS Exchange, which I believe is the same as yours) and I was able to complete a search in less then 5 minutes. If I was to double this time frame to 10 minutes to be generous, it would be equal to over
180 staff searching for documents all at once.

As you have failed to demonstrate how you came to this value, and it is manifestly higher then average, I contend that the charges have been overstated or miscalculated.

// Payment of the charge would cause undue financial hardship \\

As a citizen, I believe that holding the Government and its employees to account, and improving transparency of the Government and its functions is critical to our democracy. This is why FOI exists.

I make FOI requests via Right to Know so that the public may be informed on what the Government is doing. This request is designed to allow others to see how the Department responds to people such as me who seek to make the government more transparent.

I make FOI requests and engage in public debate in my personal time, and I receive no compensation for the requests I make. Therefore, the costs of processing any requests must come from my own pocket.

To provide $459.75 of my personal income so a single FOI request would mean that I have to consider negating payments for Rent, Food, Utilities and other unexpected things which come up.

Based on the above, I advise that the processing charges for this request would cause undue financial hardship.

\\ Summary //

It is for the above reasons that I contend that the charges have been wrongly assessed, and that the charge be reduced or not imposed. I respectfully request the Department review the charges to ensure that they are assessed correctly and do not unduly attempt to financially ruin FOI applicants.

This is not a request for Internal Review. I reserve the right to make a request for Internal or OAIC review in the future.

Yours sincerely,

Ben Fairless

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

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Ben Fairless

I am writing in regards to your FOI request seeking:  

I request, under the Freedom of Information Act, a copy of all documents that contain a reference to "Right to Know" or "OpenAustralia Foundation", their relevant acronyms ("RTK" and "OAF").

This request includes, but is not limited to, emails, policy statements and hand written notes.

Lets put a date limit in from 1 January 2012.

I'll revise the scope to:

- FOI and Privacy Policy Section

- Legal and Assurance group

- Senior Executives within the Department (I note a list is provided here:

<[1]http://www.immi.gov.au/about/department/...>)

This request is subject to the following exclusions:

- FOI Applications from users of Right to Know, and the direct responses to those applications

- The names of anyone who is NOT a Public Servant

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, credit card or Electronic Funds Transfer (EFT).

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 complete the attached credit card authorisation form (CCAF form), including your signature and forward to FOI & Privacy Policy Section at the above address, or email to [2][DIBP request email].  

Should you choose to pay by EFT the department’s bank account details are as follows:

       •           Bank:                           CBA

       •           BSB:                            062987

       •           Account Number:       10016044

       •           Account Name:           DIBP Official Administered Direct Credit Receipts Account.

When making the transfer you will need to quote the number of your request
- FA 14/04/00806 - so that your payment can be identified by our Finance area.  Failure to do so may result in payments not being identified as FOI related and could result in processing delays.

Please advise FOI when you have made the payment made by direct credit so that we can contact the Finance area and they can issue a receipt. You should also be aware that payments by direct credit are not processed in real time. There is at least a one day delay between somebody paying money into the department's account and notification of the payment via our bank account statement.

Regards

Steven Hocking
Assistant Director

FOI & Privacy Policy Section
Department of Immigration and Border Protection

Telephone: (02) 6264 1007
Email: [3][email address]

UNCLASSIFIED

References

Visible links
1. http://www.immi.gov.au/about/department/...
2. mailto:[DIBP request email]
3. mailto:[email address]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #588 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.
https://www.righttoknow.org.au/help/offi...

This request is being made by an individual using the Right to Know website. The unique email address provided by the service for this request satisfies s.15(2)(c) of the Freedom of Information Act.

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.

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

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. DIBP 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 14/04/00806; ADF2014/13362

Dear Mr Fairless

Please see the attached decision letter pertaining to your contention of charges for FA 14/04/00806. This letter outlines my decision and the next steps in processing your request.

As per our previous discussion and my email below, you still retain your review rights under the FOI Act.

Regards

Steven Hocking
Assistant Director
Department of Immigration and Border Protection
Telephone: (02) 6264 1007
Email: [email address]

-----Original Message-----
From: Steven HOCKING On Behalf Of FOI
Sent: Monday, 26 May 2014 10:24 AM
To: Ben Fairless
Cc: FOI; Steven HOCKING
Subject: RE: Charges notification under s.29 of the FOI Act – FA 14/04/00806 [SEC=UNCLASSIFIED]

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

Thank you for your email.

I consider your email to be a contention of charges. You still retain your right to request an internal review of charges or to seek a review by the Information Commissioner. I am required to provide a response to your contention of the charge within 30 days of receipt of your email. This would make the due date for my response Sunday 22 May 2014. However, as this falls on a non-working day, s.36(2) of the Acts Interpretation Act 1901 provides that the latest date I may respond is the next working day, which is Monday 23 May 2014. Of course, I will endeavour to response before this date.

Your email stated that you believe the charges have been wrongly assessed and that payment of the charge would cause financial hardship.

I have attached a fact sheet from the Office of the Australian Information Commissioner regarding the charges process and claiming financial hardship. In order for me to consider financial hardship you must demonstrate how the imposition of a charge would cause financial hardship. The attached fact sheet provides examples whereby an applicant may attached a copy of a pension or welfare card.

At this stage, since you have provided no evidence that the charge would cause you financial hardship, I am only required to consider that the charge has been wrongly assessed. You are welcome to submit evidence supporting your financial hardship.

Regards

Steven Hocking
Assistant Director
Department of Immigration and Border Protection
Telephone: (02) 6264 1007
Email: [email address]

-----Original Message-----
From: Ben Fairless [mailto:[FOI #588 email]]
Sent: Friday, 23 May 2014 6:01 PM
To: FOI
Subject: Re: Charges notification under s.29 of the FOI Act – FA 14/04/00806 [SEC=UNCLASSIFIED]

Dear Mr Hocking,

I assume you are joking when you tell me that it took the Department 30.65 hours (nearly 4 full days) to find 17 pages which relate to this request?

Assuming you are not, I contend that the charges have been wrongly assessed, and that payment of the charge would cause me undue financial hardship.

// Charges have been wrongly assessed \\ I contend that the charges have been wrongly assessed. You have indicated that it took 30.25 hours for employees of the Department to find 17 pages of records. This is over 3 full working days at 8 hours.

I completed a search on my Email System (Microsoft Outlook using MS Exchange, which I believe is the same as yours) and I was able to complete a search in less then 5 minutes. If I was to double this time frame to 10 minutes to be generous, it would be equal to over
180 staff searching for documents all at once.

As you have failed to demonstrate how you came to this value, and it is manifestly higher then average, I contend that the charges have been overstated or miscalculated.

// Payment of the charge would cause undue financial hardship \\

As a citizen, I believe that holding the Government and its employees to account, and improving transparency of the Government and its functions is critical to our democracy. This is why FOI exists.

I make FOI requests via Right to Know so that the public may be informed on what the Government is doing. This request is designed to allow others to see how the Department responds to people such as me who seek to make the government more transparent.

I make FOI requests and engage in public debate in my personal time, and I receive no compensation for the requests I make. Therefore, the costs of processing any requests must come from my own pocket.

To provide $459.75 of my personal income so a single FOI request would mean that I have to consider negating payments for Rent, Food, Utilities and other unexpected things which come up.

Based on the above, I advise that the processing charges for this request would cause undue financial hardship.

\\ Summary //

It is for the above reasons that I contend that the charges have been wrongly assessed, and that the charge be reduced or not imposed. I respectfully request the Department review the charges to ensure that they are assessed correctly and do not unduly attempt to financially ruin FOI applicants.

This is not a request for Internal Review. I reserve the right to make a request for Internal or OAIC review in the future.

Yours sincerely,

Ben Fairless

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

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Ben Fairless

I am writing in regards to your FOI request seeking:  

I request, under the Freedom of Information Act, a copy of all documents that contain a reference to "Right to Know" or "OpenAustralia Foundation", their relevant acronyms ("RTK" and "OAF").

This request includes, but is not limited to, emails, policy statements and hand written notes.

Lets put a date limit in from 1 January 2012.

I'll revise the scope to:

- FOI and Privacy Policy Section

- Legal and Assurance group

- Senior Executives within the Department (I note a list is provided here:

<[1]http://www.immi.gov.au/about/department/...>)

This request is subject to the following exclusions:

- FOI Applications from users of Right to Know, and the direct responses to those applications

- The names of anyone who is NOT a Public Servant

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, credit card or Electronic Funds Transfer (EFT).

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 complete the attached credit card authorisation form (CCAF form), including your signature and forward to FOI & Privacy Policy Section at the above address, or email to [2][DIBP request email].  

Should you choose to pay by EFT the department’s bank account details are as follows:

       •           Bank:                           CBA

       •           BSB:                            062987

       •           Account Number:       10016044

       •           Account Name:           DIBP Official Administered Direct Credit Receipts Account.

When making the transfer you will need to quote the number of your request
- FA 14/04/00806 - so that your payment can be identified by our Finance area.  Failure to do so may result in payments not being identified as FOI related and could result in processing delays.

Please advise FOI when you have made the payment made by direct credit so that we can contact the Finance area and they can issue a receipt. You should also be aware that payments by direct credit are not processed in real time. There is at least a one day delay between somebody paying money into the department's account and notification of the payment via our bank account statement.

Regards

Steven Hocking
Assistant Director

FOI & Privacy Policy Section
Department of Immigration and Border Protection

Telephone: (02) 6264 1007
Email: [3][email address]

UNCLASSIFIED

References

Visible links
1. http://www.immi.gov.au/about/department/...
2. mailto:[DIBP request email]
3. mailto:[email address]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #588 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.
https://www.righttoknow.org.au/help/offi...

This request is being made by an individual using the Right to Know website. The unique email address provided by the service for this request satisfies s.15(2)(c) of the Freedom of Information Act.

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.

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

UNCLASSIFIED

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. DIBP 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

Dear Mr Fairless,

My sincere apologies for the inconvenience. I have provided the document in Microsoft Word format for you. Please let me know if this does not meet your requirements. I would be more than happy to mail you a copy of the letter if you wish to rely upon a hard copy instead.

Please note the timeframe in which to respond and the review rights available to you under the FOI Act.

Please contact me if you wish to discuss.

Regards

Steven Hocking
Assistant Director
Department of Immigration and Border Protection
Telephone: (02) 6264 1007
Email: [email address]

-----Original Message-----
From: Ben Fairless [mailto:[FOI #588 email]]
Sent: Thursday, 19 June 2014 3:43 PM
To: FOI
Subject: RE: Charges notification under s.29 of the FOI Act – FA 14/04/00806 [SEC=UNCLASSIFIED]

Dear Steven,

Please can you provide a copy of your decision letter in an alternative format (such as Microsoft Word, or Plain Text).

Government Guidelines[1] make it clear PDF documents cannot be ‘relied upon’ in the provision of government information.

Yours sincerely,

Ben Fairless

[1] http://webguide.gov.au/accessibility-usa...

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

UNCLASSIFIED

Our references: FA 14/04/00806; ADF2014/13362

Dear Mr Fairless

Please see the attached decision letter pertaining to your contention of charges for FA 14/04/00806. This letter outlines my decision and the next steps in processing your request.

As per our previous discussion and my email below, you still retain your review rights under the FOI Act.

Regards

Steven Hocking
Assistant Director
Department of Immigration and Border Protection
Telephone: (02) 6264 1007
Email: [email address]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #588 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.
https://www.righttoknow.org.au/help/offi...

This request is being made by an individual using the Right to Know website. The unique email address provided by the service for this request satisfies s.15(2)(c) of the Freedom of Information Act.

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.

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

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. DIBP 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

Good morning Mr Fairless,

Thank you for your email. Regarding your request for all future documents to be released in DOCX format, the department does not intend to change its processes at this time. The decision letters will be provided in PDF form and will be signed by the decision maker. I note that this is common practice across government agencies.

The guidelines on access to information relate to the publication of documents on department websites. If you have difficulty in accessing the documents in PDF format please let me know, although I note that this format has been provided to you numerous times in the past without complaint.

Regards

Steven Hocking
Assistant Director
Department of Immigration and Border Protection
Telephone: (02) 6264 1007
Email: [email address]

-----Original Message-----
From: Ben Fairless [mailto:[FOI #588 email]]
Sent: Saturday, 21 June 2014 5:07 PM
To: FOI
Subject: RE: Charges notification under s.29 of the FOI Act – FA 14/04/00806 [SEC=UNCLASSIFIED]

Dear Steven,

Thanks for providing a copy of the file in Microsoft Word format.

Whilst not directly related to my request, would it be possible for all letters issued by the department be issued in DOCX format going forward? I understand this would be consistent with Government Guidelines on access to information.

My request for Internal Review has been sent to the Department, and a copy can be found online at https://www.righttoknow.org.au/request/i....

Yours sincerely,

Ben Fairless

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

UNCLASSIFIED

Dear Mr Fairless,

My sincere apologies for the inconvenience. I have provided the document in Microsoft Word format for you. Please let me know if this does not meet your requirements. I would be more than happy to mail you a copy of the letter if you wish to rely upon a hard copy instead.

Please note the timeframe in which to respond and the review rights available to you under the FOI Act.

Please contact me if you wish to discuss.

Regards

Steven Hocking
Assistant Director
Department of Immigration and Border Protection
Telephone: (02) 6264 1007
Email: [email address]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #588 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.
https://www.righttoknow.org.au/help/offi...

This request is being made by an individual using the Right to Know website. The unique email address provided by the service for this request satisfies s.15(2)(c) of the Freedom of Information Act.

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.

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

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. DIBP 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 14/04/00806-R1; ADF2014/13362
 
 
Mr Ben Fairless
 
By email: [FOI #588 email]  
                                                                        
 
 
Dear Mr Fairless
 
Re: Your request for internal review of a decision under the Freedom of
Information Act 1982
 
I am writing to advise you that I have been appointed as the authorised
decision maker on your request for internal review of the charges decision
notified to you by Mr Steven Hocking on Monday 16 June 2014 (FA
14/04/00806). 
 
Mr Hocking’s decision was in response to your request, submitted to the
Department on Saturday 12 April 2014, under s.15 of the Freedom of
Information Act 1982 (the Act) for:
‘I request, under the Freedom of Information Act, a copy of all documents
that contain a reference to "Right to Know" or "OpenAustralia Foundation",
their relevant acronyms ("RTK" and "OAF").
 
This request includes, but is not limited to, emails, policy statements
and hand written notes.
 
Lets put a date limit in from 1 January 2012.
 
I'll revise the scope to:
- FOI and Privacy Policy Section
- Legal and Assurance group
- Senior Executives within the Department (I note a list is provided here:
<[1]http://www.immi.gov.au/about/department/...>)
 
This request is subject to the following exclusions:
- FOI Applications from users of Right to Know, and the direct responses
to those applications
- The names of anyone who is NOT a Public Servant.’
 
The initial due date for the request was Monday 12 May 2014. On Tuesday 6
May 2014, the Department asked you to agree to an extension of time (30
days) under s.15AA of the Act. You agreed to an extension of 14 days,
taking the new (nominal) due date to Monday 26 May 2014.
 
On Friday 23 May 2014, Mr Hocking advised you that you were liable to pay
a charge of $459.75. Mr Hocking advised you that you were entitled to
provide him with written contentions, within 30 days of receiving the
notice, as to why the charge should be reduced or waived. The notice
advised that, under the Act, the time for processing the request is
‘suspended’ while the charge process is undertaken.
 
On the same day, 23 May, you provided Mr Hocking with your written
contentions. Your first contention was that the charge had been wrongly
assessed. Your second contention was that paying the charge would cause
you financial hardship. You did not provide any evidence to support the
second contention.
 
On Monday 16 June 2014, Mr Hocking advised you that he did not intend to
reduce or waive the charge and advised that your next steps were to (1)
seek a review of the decision (internal review to the Department or
external to the Office of the Australian Information Commissioner) or (2)
to agree to pay the charges by paying the deposit of $114.94.
 
On Thursday 19 June 2014, you submitted a request to the Department for an
internal review of this decision.
 
I will now consider the elements of your internal review request.
 
Validity elements for an internal review request
 
The decision by Mr Hocking to impose a charge under s.29 of the Act meets
the definition of an ‘access refusal’ decision in s.53A(e) of the Act.
Further, s.54 of the Act provides that an applicant may apply to the
agency for internal review of an access refusal decision providing the
decision was not made by the ‘principal officer of the agency’ (ie the
Secretary of the Department).
 
The decision was made by an authorised decision maker, Mr Hocking, and was
notified to you on Monday 16 June 2014. Finally, your email request for
internal review was received by the Department on Thursday 19 June 2014,
which was within the 30 days as required.
 
Therefore, I am satisfied that your request meets the validity
requirements for seeking internal review of the access refusal decision.
 
Terms of your review request
 
You provided detailed contentions to support a claim that the ‘search and
retrieval’ component of the charge should be waived in full, on the
grounds that the Department had calculated the charge incorrectly.
 
Things to note about the internal review
 
Section 54C(3) of the Act provides that I must make a ‘fresh decision’
regarding your contentions rather than conduct a review of the merits of
the original decision.
 
The Act requires that I finalise the internal review decision within 30
days of the date that the agency received the request, which was Monday 2
June 2014. Therefore I must provide you with the decision by Saturday 19
July 2014. However, as this date falls on a Saturday, s.36(2) of the Acts
Interpretation Act 1901 (Cth) allows me to provide the decision to you, at
the latest, on the next working day, which is Monday 21 July 2014.
 
Please feel free to contact me in the interim if you have any further
questions about the process.
 
Yours sincerely
 
Angela O’Neil
Authorised decision maker
FOI & Privacy Policy Section
Ministerial, Executive & External Accountability Branch
Department of Immigration and Border Protection
 
Email: [2][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. DIBP 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. http://www.immi.gov.au/about/department/...
2. mailto:[email address]

hide quoted sections

UNCLASSIFIED

Good afternoon Mr Fairless,

Your request for Internal Review regarding the charges notice issued in response to FA 14/04/00806 has been allocated to an FOI decision maker.

Regarding your request for documents in DOCX format, I note that the guidelines do not state that decision letters or notices must be provided in a specific format. Rather, the guidelines state that the documents requested under the FOI Act be made available in an alternative format if requested. The department's position on this matter remains unchanged.

Regards

Steven Hocking
Assistant Director
Department of Immigration and Border Protection
Telephone: (02) 6264 1007
Email: [email address]

-----Original Message-----
From: Ben Fairless [mailto:[FOI #588 email]]
Sent: Tuesday, 24 June 2014 12:47 PM
To: FOI
Subject: Internal review of Freedom of Information request - Internal Discussions related to "Right to Know"

Dear Steven,

Thanks for your email Regarding PDF documents. I won't get into an arguement with you, however I note that access to documents in a specific format is a valid request an applicant can make under s20(2) of the FOI Act.

Please can you acknowledge receipt of my request for Internal Review.

Yours sincerely,

Ben Fairless

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

UNCLASSIFIED

Good morning Mr Fairless,

Thank you for your email. Regarding your request for all future documents to be released in DOCX format, the department does not intend to change its processes at this time. The decision letters will be provided in PDF form and will be signed by the decision maker. I note that this is common practice across government agencies.

The guidelines on access to information relate to the publication of documents on department websites. If you have difficulty in accessing the documents in PDF format please let me know, although I note that this format has been provided to you numerous times in the past without complaint.

Regards

Steven Hocking
Assistant Director
Department of Immigration and Border Protection
Telephone: (02) 6264 1007
Email: [email address]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #588 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.
https://www.righttoknow.org.au/help/offi...

This request is being made by an individual using the Right to Know website. The unique email address provided by the service for this request satisfies s.15(2)(c) of the Freedom of Information Act.

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.

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

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. DIBP 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 14/04/00806-R1; ADF2014/13362
 
 
Mr Ben Fairless
 
By email: [1][FOI #588 email]   
                                                                        
 
Dear Mr Fairless
 
Thank you for your email. If you disagree with any aspect of my internal
review decision, you have the right to seek external review by the Office
of the Australian Information Commissioner.
 
Yours sincerely
 
 
Angela O’Neil
Authorised decision maker
FOI & Privacy Policy Section
Ministerial, Executive & External Accountability Branch
Department of Immigration and Border Protection
 
Email: [email address]
 
 
-----Original Message-----
From: Ben Fairless [[2]mailto:[FOI #588 email]]
Sent: Tuesday, 24 June 2014 4:00 PM
To: FOI
Subject: TRIM: Re: Request for internal review - FA 14/04/00806-R1 -
allocation to a review officer [SEC=UNCLASSIFIED]
 
Dear Angela,
 
Thank you for your email.
 
I remind you of your obligations[1] to consider my contentions raised as
part of the Internal Review. I note in the past you have failed[2] to do
this.
 
Yours sincerely,
 
Ben Fairless
 
[1] 9.33 of the FOI Guidelines
([3]http://www.oaic.gov.au/freedom-of-inform...)
- "The internal review officer must consider all issues raised by the
person applying for internal review."
 
[2]
[4]https://www.righttoknow.org.au/request/f...
 
---------------------------
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. DIBP 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 #588 email]
2. mailto:[FOI #588 email]
3. http://www.oaic.gov.au/freedom-of-inform...
4. https://www.righttoknow.org.au/request/f...

hide quoted sections

UNCLASSIFIED

Dear Mr Fairless

I note that Ms O'Neil has corresponded with you today advising that she will make a decision on your request by no later than Monday 21 July 2014.

There will be no further correspondence with you on this matter until Ms O'Neil sends you her decision.

Yours sincerely

Linda Rossiter
Director FOI and Privacy Policy
Parliamentary and Executive Branch I Immigration and Border Protection Portfolio

-----Original Message-----
From: Ben Fairless [mailto:[FOI #588 email]]
Sent: Tuesday, 24 June 2014 4:52 PM
To: FOI
Subject: Re: Request for internal review - FA 14/04/00806-R1 - allocation to a review officer [SEC=UNCLASSIFIED]

Dear Angela,

I note that 9.25 of the FOI Guidelines[1] state:

"If possible, it is preferable that a more senior officer who was not involved in the earlier decision be appointed to conduct the internal review."

I note the original decision maker was an Assistant Director. Can you please confirm if you are a more senior officer?

Yours sincerely,

Ben Fairless

[1]http://www.oaic.gov.au/freedom-of-inform...

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

UNCLASSIFIED
 
Our references: FA 14/04/00806-R1; ADF2014/13362
 
 
Mr Ben Fairless
 
By email: [1][FOI #588 email]   
                                                                        
 
Dear Mr Fairless
 
Thank you for your email. If you disagree with any aspect of my internal review decision, you have the right to seek external review by the Office of the Australian Information Commissioner.
 
Yours sincerely
 
 
Angela O’Neil
Authorised decision maker
FOI & Privacy Policy Section
Ministerial, Executive & External Accountability Branch Department of Immigration and Border Protection
 
Email: [DIBP request email]
 
 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #588 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.
https://www.righttoknow.org.au/help/offi...

This request is being made by an individual using the Right to Know website. The unique email address provided by the service for this request satisfies s.15(2)(c) of the Freedom of Information Act.

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.

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

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. DIBP 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