INTERNET 2.0 PTY LIMITED Department of Home Affairs Ransomware targeting framework
Dear Department of Home Affairs,
I would like all available documents relating to the procurement detailed below. This includes justification as to why this was a limited tender, the decision maker who signed off on the procurement and the outcomes of the procurement (results delivered).
CN ID: CN3937378
Agency: Department of Home Affairs
Publish Date: 23-Dec-2022
Category: Research programs
Contract Period: 19-Oct-2022 to 18-Nov-2022
Contract Value (AUD): $338,580.00
Description: Ransomware targeting framework
Procurement Method: Limited tender
Limited Tender Exemption: App A: 6. Research and development services (but not inputs).
ATM ID: PRN0008310
Confidentiality - Contract: No
Confidentiality - Outputs: No
Consultancy: Yes
Consultancy Reason(s): Need for specialised or professional skills
Agency Reference ID: 0070033236
Yours faithfully,
Cyber Sceptic
OFFICIAL: Sensitive
Personal-Privacy
In reply please quote:
FOI Request: FA 24/07/01802
File Number: FA24/07/01802
Dear Cyber Sceptic
Acknowledgement of Freedom of Information Access request
This letter acknowledges that on 28 July 2024 the Department of Home
Affairs (the Department) received your request to access documents held
by the Department under the Freedom of Information Act 1982 (the FOI
Act). This letter also provides important information about your request.
Scope of request
You have requested access to the following:
I would like all available documents relating to the procurement detailed
below. This includes justification as to why this was a limited tender,
the decision maker who signed off on the procurement and the outcomes of
the procurement (results delivered).
CN ID: CN3937378
Agency: Department of Home Affairs
Publish Date: 23-Dec-2022
Category: Research programs
Contract Period: 19-Oct-2022 to 18-Nov-2022 Contract Value (AUD):
$338,580.00
Description: Ransomware targeting framework Procurement Method: Limited
tender Limited Tender Exemption: App A: 6. Research and development
services (but not inputs).
ATM ID: PRN0008310
Confidentiality - Contract: No
Confidentiality - Outputs: No
Consultancy: Yes
Consultancy Reason(s): Need for specialised or professional skills Agency
Reference ID: 0070033236.
Your request has been allocated FOI request number FA 24/07/01802. Please
include your FOI request number in all correspondence with the Freedom of
Information Section.
Timeframe
The timeframe for processing a request is 30 days from the day we receive
your request, as set out in the FOI Act.
Your review rights in relation to your request are available on [1]Freedom
of information reviews | OAIC.
Fees and Charges
Charges do not apply to requests from individuals seeking access to
documents about themselves. However, a charge may apply to all other
requests for access to documents.
Charges are based on the amount of time the Department spends on your
request. Charges can range from $10 to over $1,000 depending on the
complexity and scope of your request. The Office of the Australian
Information Commissioner reported that across the public service, the
average charge notified was $335.50 in 2020-21.
If a charge applies, you will be issued with a Notice of Charge that
explains the charge and your options.
Detailed information about FOI charges that may apply to your FOI request
is available on [2]the Department’s website.
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Publication of document
Released documents you request may be published to our website.
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Reducing the scope of your request can reduce the time and charges
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To reduce or withdraw your request, contact the FOI section at
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Contacting the FOI Section
Should you wish to discuss your request you may contact the FOI Section at
[Department of Home Affairs request email].
Kind regards
Jade
Position number 60107422
FOI Officer Freedom of Information
Privacy, FOI and Records Management Branch | Legal Group
Department of Home Affairs
E: [4][Department of Home Affairs request email]
Personal-Privacy
OFFICIAL: Sensitive
OFFICIAL: Sensitive
Personal-Privacy
In reply please quote:
FOI Request: FA 24/07/01802
File Number: FA24/07/01802
Dear Cyber Sceptic
I refer to your request received on 28 July 2024 for access to documents
under the FOI Act.
The current due date for your request is 27 August 2024.
The Department seeks your agreement under section 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 Thursday 26 September 2024.
The reason we are seeking an extension of time is due to demand for
Departmental documents is high and we continue to experience increasing
volumes of incoming requests particularly in recent months. Each request
received by the Department is managed in the context of this large volume
which can impact the timeliness of our decisions and as such we seek
agreement from applicants on extensions of time where possible. We
are endeavouring to ensure, as an applicant, you understand the likely
timeframe for your request to be finalised. We continue to try to process
requests as quickly as possible regardless of if an extension is
provided.
If you could please provide a response to this request by close of
business, 13 August 2024.
Kind regards
Jade
Position number 60107422
FOI Officer Freedom of Information
Privacy, FOI and Records Management Branch | Legal Group
Department of Home Affairs
E: [1][Department of Home Affairs request email]
Personal-Privacy
OFFICIAL: Sensitive
Important Notice: The content of this email is intended only for use by
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Privacy Act 1988.
Unsolicited commercial emails MUST NOT be sent to the originator of this
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References
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OFFICIAL: Sensitive
Personal-Privacy
In reply please quote:
FOI Request: FA 24/07/01802
File Number: FA24/07/01802
Dear Cyber Sceptic (Right to Know)
I refer to your request received on 28 July 2024 for access to documents
under the FOI Act.
The current due date for your request is 27 August 2024.
The Department seeks your agreement under section 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 Thursday 26 September 2024.
The reason we are seeking an extension of time is due to demand for
Departmental documents is high and we continue to experience increasing
volumes of incoming requests particularly in recent months. Each request
received by the Department is managed in the context of this large volume
which can impact the timeliness of our decisions and as such we seek
agreement from applicants on extensions of time where possible. We
are endeavouring to ensure, as an applicant, you understand the likely
timeframe for your request to be finalised. We continue to try to process
requests as quickly as possible regardless of if an extension is
provided.
If you could please provide a response to this request by close of
business, 27 August 2024.
Kind regards
David
Team Leader – Authorised FOI Officer, Freedom of Information
Position Number 60157647
Privacy, FOI and Records Management Branch
Legal Group
Department of Home Affairs
E: [1][Department of Home Affairs request email]
Personal-Privacy
OFFICIAL: Sensitive
Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. 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.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.
Unsolicited commercial emails MUST NOT be sent to the originator of this
email.
References
Visible links
1. mailto:[Department of Home Affairs request email]
Our reference: RQ24/03916
Agency reference: FA 24/07/01802
Agency name Department of Home Affairs
By Email: [Department of Home Affairs request email]
Name Cyber Sceptic
By Email:
[FOI #11774 email]
Extension of time under s 15AC
Dear Parties,
Please find attached an extension of time decision relating to the above
referenced FOI request.
Regards,
[1][IMG] Andriana DeIeso
Review Adviser
Office of the Australian Information Commissioner
Adelaide | GPO Box 5288 Sydney NSW 2001
E [2][email address]
I am available Monday to Wednesday; Tuesday and Wednesday alternate
weeks.
Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[3]Information Commissioner reviews | OAIC
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[4]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
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2. mailto:[email address]
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/engage-with-us/n...
Dear Home Affairs
I note the OAIC's decision to Deny your request for an extension of time to respond to this FOI request.
Would you advise when you plan on providing a response to this FOI request?
I would prefer to avoid needing to seek Information Commissioner review (IC review) of the Agency’s deemed access refusal decision of 27 August 2024, so eagerly await your response.
Yours sincerely,
Cyber Sceptic
Dear OAIC - FOI DR,
Dear Office of the Australian Information Commissioner,
I am seeking Information Commissioner review (IC review) of the Agency’s deemed access refusal decision of 27 August 2024 relating to my FOI request to Department of Home Affairs, as per your corresponding denial of the Department's request for extension to my request.
Agency Department of Home Affairs
Applicant Cyber Sceptic
Date of decision 25 September 2024
OAIC reference number RQ24/03916
Agency reference number FA 24/07/01802
Correspondence relating to the original request to Home Affairs can be found at https://www.righttoknow.org.au/request/i...
Yours faithfully,
Cyber Sceptic
Our reference: MR24/01663
Agency reference: FA 24/07/01802
Applicant: Cyber Sceptic
Respondent: Department of Home Affairs
By email: [1][FOI #11774 email]
Information Commissioner review application
Good afternoon Cyber Sceptic,
On 8 October 2024, you applied for IC review about a Freedom of
Information (FOI) decision made by the Respondent referenced at the top of
this email. This was because you indicated you had not received a decision
by the due date.
Why we are writing to you:
I am writing to you to help you make a valid IC review application.
At this time, the Information Commissioner does not yet have sufficient
evidence to be satisfied that you were the FOI applicant and, therefore,
that you had the right to apply for IC review.
Section 54L(3) of the FOI Act provides that an IC review application may
be made by, or on behalf of, the person who made the request to which the
decision relates.
The [2]Direction as to certain procedures to be followed by applicants in
Information Commissioner reviews (the Information Commissioner’s
Direction) states:
‘…The IC may require information about the applicant’s identity to
establish that they are the person who made the original FOI request or
evidence that a third party is authorised to seek review of the decision
by that person’ [2.12]
Action required by you before 24 October 2024:
Please provide a copy of any notification emails sent by the Right to Know
website’s administrator about the FOI request, a screenshot of the ‘My
requests’ page of your account on the Right to Know website (after you log
into your Right to Know account) showing the FOI request in question or
you may wish to upload this correspondence as plain text on Right to Know
request and provide us with confirmation of this.
Participation in IC review process:
You are required to comply with the Information Commissioner’s Direction.
If an applicant fails to comply with a direction, the Information
Commissioner may in some cases decide not to undertake or continue to
undertake an IC review. The Direction also states:
* Applicants must respond to requests for information from the OAIC within
the time provided unless there are exceptional circumstances warranting
a longer period to respond. If more time is needed, a request for an
extension of time must be made to the OAIC at the earliest opportunity
within the period provided for response, and no later than 2 days before
that period is due to expire. Requests for more time must explain the
exceptional circumstances that necessitate additional time and propose a
new date for response. Approval of an extension request is at the
discretion of the OAIC [2.22]
1. The OAIC expects that applicants and agencies will engage with the IC
review process, with respect and courtesy [2.23]
If you do not provide the information by the abovementioned date, we
intend to close the IC review application.
Assistance
If you are unable to respond by 24 October 2024, you must request more
time at the earliest opportunity and no later than 22 October 2024.
Requests for more time must explain why you need more time, and you must
tell us when you will be able to provide a response.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference MR24/01663 in all correspondence.
Kind regards,
[4]A blue Intake and Early Resolution
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Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[6]Information Commissioner reviews | OAIC
The OAIC acknowledges Traditional Custodians of Country across Australia
and their continuing connection to land, waters and communities. We pay
our respect to First Nations people, cultures and Elders past and present.
[7]Subscribe to Information Matters
Dear OAIC - FOI DR,
In regards to your request :-
Please provide a copy of any notification emails sent by the Right to Know
website’s administrator about the FOI request, a screenshot of the ‘My
requests’ page of your account on the Right to Know website (after you log
into your Right to Know account) showing the FOI request in question or
you may wish to upload this correspondence as plain text on Right to Know
request and provide us with confirmation of this.
I can confirm I am the original application of this FOI request to Department of Home affairs, and I am requesting Information Commissioner review. I would be happy to provide further information as required, but Right To Know does not allow screenshots to be attached to replies.
Yours sincerely,
Cyber Sceptic
Dear OAIC - FOI DR,
Would you please confirm whether you consider I have made a valid IC review application.
Yours sincerely,
Cyber Sceptic
Our reference: MR24/01663
Agency reference: FA 24/07/01802
Good morning Cyber Sceptic,
I confirm your review application is taken to be valid and is progressing.
Once we receive further information from the Agency, we will be in touch to obtain your further instructions.
Kind regards,
Georgia Furlong (she/her)
Review Advisor
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney
P 1300 363 992 E [email address]
Please note: The OAIC has revised its IC review procedures from 1 July 2024. For more information about these revised procedures, including new resources to assist applicants and respondents, see our webpage: Information Commissioner reviews | OAIC
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
Subscribe to Information Matters
OFFICIAL
Dear Cyber Sceptic
FOI request FA 24/07/01802
I refer to your FOI request received on 28 July 2024, seeking access to
the following:
I would like all available documents relating to the procurement detailed
below. This includes justification as to why this was a limited tender,
the decision maker who signed off on the procurement and the outcomes of
the procurement (results delivered).
CN ID: CN3937378
Agency: Department of Home Affairs
Publish Date: 23-Dec-2022
Category: Research programs
Contract Period: 19-Oct-2022 to 18-Nov-2022 Contract Value (AUD):
$338,580.00
Description: Ransomware targeting framework Procurement Method: Limited
tender Limited Tender Exemption: App A: 6. Research and development
services (but not inputs).
ATM ID: PRN0008310
Confidentiality - Contract: No
Confidentiality - Outputs: No
Consultancy: Yes
Consultancy Reason(s): Need for specialised or professional skills Agency
Reference ID: 0070033236.
The Department has made a decision on this request. Please find attached
the decision record and documents released under the FOI Act.
This request has now been closed.
Thank you
Lucksika
Position number 60016902
Freedom of Information
Privacy, FOI and Records Management Branch | Legal Group
Department of Home Affairs
E: [Department of Home Affairs request email]
OFFICIAL
Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. 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.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.
Unsolicited commercial emails MUST NOT be sent to the originator of this
email.
Our reference: MR24/01663
Agency reference: FA 24/07/01802
Cyber Sceptic
By email: [1][FOI #11774 email]
Your Information Commissioner (IC) review application concerning the
Department of Home Affairs
Dear Cyber,
On 28 July 2024, you made a Freedom of Information (FOI) request to the
Department of Home Affairs (the Agency).
On 8 October 2024, you requested an Information Commissioner (IC) review
of your Freedom of Information request to the Agency because you had not
received a decision by the due date.
On 5 December 2024, the Agency notified the Office of the Australian
Information Commissioner (OAIC) it has now provided you with a decision,
dated 26 November 2024.
As you have now received a decision and partial access to documents, we
would like to confirm whether you still require an IC review.
Action required by you before 19 December 2024
1. If the decision has satisfied your request and you no longer
require an IC review, please reply to this email stating “I no longer
require an IC review”.
2. If you wish to proceed with your IC review application, you must
tell us which parts of the decision you disagree with and why,
including:
· which documents you consider were not provided or should have
been provided, or
· which exemptions you consider should not have been applied.
Intention not to continue to undertake your IC review:
The Commissioner’s written [2]direction to IC review applicants provides
that:
· where an applicant wishes to proceed with a review of a
substantive [or revised] decision they must explain why they disagree with
the decision and the basis on which they wish to proceed with the IC
review [2.25], and
· applicants must respond to enquiries from the OAIC within the
period provided unless there are circumstances warranting a longer period
to respond [2.22].
Section 54W(c) of the Freedom of Information Act 1982 provides that the IC
may decide not to continue to undertake a review where an applicant fails
to comply with a direction of the IC. As such, if we do not hear from you
by 19 December 2024, we intend to exercise the discretion to finalise your
IC review application.
Assistance
If you are unable to respond by 19 December 2024, please respond to this
email and request an extension of time to provide your response.
If you require an interpreter, please call the Translating and
Interpreting Service on 131 450, and ask for help speaking with the Office
of the Australian Information Commissioner. Alternatively, you may wish to
be supported by a person of your choosing anytime throughout this
process.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference MR24/01663 in all correspondence.
Kind regards,
[4][IMG] Hannah Hunter
Assistant Review Advisor, Freedom of Information Branch
Office of the Australian Information Commissioner
Brisbane | GPO Box 5288 Sydney NSW 2001
E [5][email address]
Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[6]Information Commissioner reviews | OAIC
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[7]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
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References
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2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://www.oaic.gov.au/
5. mailto:[email address]
6. https://www.oaic.gov.au/freedom-of-infor...
7. https://www.oaic.gov.au/engage-with-us/n...
Dear Department of Home Affairs,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department of Home Affairs's handling of my FOI request 'INTERNET 2.0 PTY LIMITED Department of Home Affairs Ransomware targeting framework'.
Specifically, I do not think the decision maker's reasoning around exempting the bulk of Document 1 titled "Counter Ransomware Initiative: Disruption Working Group Ransomware Targeting Framework" under s. 47(1)(b) of the FOI Act (Documents disclosing commercially valuable information) is valid.
More specifically, the decision maker has not supplied any evidence to support their decision.
My examination of case law, referenced on the OAIC guidance pages - https://www.oaic.gov.au/freedom-of-infor... - such as
McKinnon and Department of Immigration and Citizenship [2012] AICmr 34 (21 December 2012)
Rex Patrick and Department of Defence (No 2) (Freedom of information) [2020] AICmr 40 (13 August 2020)
Australian Broadcasting Corporation and Australian Fisheries Management Authority [2016] AICmr 43 (29 June 2016)
Leads me to argue that decision-makers should look for evidence to support contentions that information is commercially valuable and that its value would be diminished by disclosure.
Simply asserting that information is commercially sensitive is not sufficient to establish that the exemption applies.
Further, the decision maker has erred in their assessment of Balancing Public and Private Interests
They assert that "No insights into public expenditure will be provided through examination of the
documents", which is patently false: as this document is the deliverable of the departments public expenditure, this document would provide insight into the value for money question around public expenditure.
Further, the OAIC Guidelines state that
In weighing the factors for and against access to a document, it is not sufficient simply to list the factors. The decision maker’s statement of reasons must explain the relevance of the factors and the relative weight given to them (s 26(1)(aa)) (see Part 3 of these Guidelines). [206]
I note the decision maker has not stated the relative weight given to the factors they list.
Some of the case law I've cited above also would imply the decision maker has erred in exempting large parts of Document 1 under 47(1)(b)
In McKinnon and Department of Immigration and Citizenship AICmr 34, the Information Commissioner explained that merely claiming that disclosure of information may adversely affect a business does not establish that the information has commercial value, or that the commercial value of the information would be diminished by disclosure.
Instead, it must be established that the information has intrinsic commercial value that is capable of being destroyed or diminished by disclosure.
I also note that the department's own documents provided indicate Document 1 would be "unclassified, open-source intelligence" and that it's purpose was to be distributed to at least 50 countries (members of the working group) - which greatly diminishes the argument that full disclosure of the document could be commercially sensitive.
Further, the age of the information (over 2 years old now) appears to have not been considered by the decision maker, as is clearly required.
Further, it is not clear whether the decision maker has consulted with Internet 2.0 on whether the document should be exempt from release under 47(1)(b) , despite the OAIC guidelines stating in relation to submissions from third parties "The statement of reasons will need to demonstrate the weight attributed to these submissions and their subsequent impact on the final decision." Would you confirm whether Internet 2.0 has made a submission as to the 47(1)(b) exemption, and if so, the weighting given to that submission.
For these reasons I request an internal review.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/i...
Yours faithfully,
Cyber Sceptic
Our reference: MR24/01663
Agency reference: FA 24/07/01802
Applicant: Cyber Sceptic
Agency: Department of Home Affairs – FOI Contact Officer
By email: [1][FOI #11774 email]
By email: [2][email address]
Finalisation of Information Commissioner (IC) review application under s
54W(c) of the FOI Act
Dear Parties,
Please find attached a decision finalising this IC review under s 54W(c)
of the FOI Act.
I confirm our file is now closed.
Kind regards
[3][IMG] Maheen Imran (she/her)
Assistant Review Adviser
Office of the Australian Information Commissioner
Sydney| GPO Box 5218 Sydney NSW 2001
Please note: The OAIC has revised its IC review procedure
directions from 1 July 2024. For more information, including new
resources to assist applicants and respondents, see our webpage:
[4]Information Commissioner reviews.
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people, cultures
and Elders past and present.
[5]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #11774 email]
2. mailto:[email address]
3. https://www.oaic.gov.au/
4. https://www.oaic.gov.au/freedom-of-infor...
5. https://www.oaic.gov.au/engage-with-us/n...
Dear OAIC - FOI DR,
I would like to draw you attention to my response to the Department of Home Affairs, dated December 09, 2024.
You can view my response to the department on Dec 9th at this page https://www.righttoknow.org.au/request/i...
In this response, sent to the Department, I outlined a number of reasons why I did not agree with their partial access decision dated 5 December, and requested an internal review.
I have not had a response from the Department, and as such, I must assume they have not actioned my request for an internal review.
Subsequently, could you advise if I can still seek OAIC review of their decision based on my Dec 9th correspondence to the Department, which outlines my request for review, albeit sent to the Department rather than the OAIC.
Yours sincerely,
Cyber Sceptic
Our reference: MR24/01663
Agency reference: FA 24/07/01802
Applicant: Cyber Sceptic
Agency: Department of Home Affairs – FOI Contact Officer
By email: [1][FOI #11774 email]
Dear Sceptic
I refer to your correspondence dated 23 December 2024.
I understand that you advised the Department of Home Affairs (the
Department) that you wished to seek internal review of their revised
decision dated 5 December 2024. However, since we did not receive a
response from you within the stipulated timeframe as to whether you wish
to proceed, the matter was finalised under s 54W(c).
It is open to you to lodge a new FOI request with the Department if you
remain dissatisfied with their previous decision.
Alternatively, you can apply to the Federal Court of Australia or the
Federal Circuit Court for a review of a decision of the Information
Commissioner if you think that a decision by the Information Commissioner
not to review or not to continue to undertake review of this IC review
application under the Freedom of Information Act 1982 (the FOI Act) is not
legally correct. You can make this application under the Administrative
Decisions (Judicial Review) Act 1977.
Kind regards
[2][IMG] Maheen Imran (she/her)
Assistant Review Adviser
Office of the Australian Information Commissioner
Sydney| GPO Box 5218 Sydney NSW 2001
Please note: The OAIC has revised its IC review procedure
directions from 1 July 2024. For more information, including new
resources to assist applicants and respondents, see our webpage:
[3]Information Commissioner reviews.
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people, cultures
and Elders past and present.
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