Letters from Combined Team Uruzgan and Joint Task Force 633 leadership to the Afghan Independent Human Rights Commission
Dear Department of Defence,
Between 2009 and 2014, via its office in Tarin Kowt, the Afghan Independent Human Rights Commission (AIHRC) made numerous inquiries into incidents involving Australian military forces in Uruzgan and neighbouring provinces that it claimed resulted in civilian casualties. The inquiries were fielded by ADF legal officers based in Tarin Kowt, who then passed them up the chain of command.
Most AIHRC inquiries received written responses signed by senior leaders from either Combined Team Uruzgan or Joint Task Force 633.
I request copies of all such response letters from the leadership of both Combined Team Uruzgan and Joint Task Force 633 to the AIHRC between 2009 and 2014.
Yours faithfully,
Andrew Quilty
OFFICIAL
Dear Andrew,
Acknowledgement
I refer to your correspondence of 26 April 2023 seeking access to
documents held by the Department of Defence (Defence), under the Freedom
of Information Act 1982 (FOI Act). This email is to advise you that your
request has been received and allocated for Case Management.
The scope of your request is:
…all such response letters from the leadership of both Combined Team
Uruzgan and Joint Task Force 633 to the AIHRC between 2009 and 2014.
Background:
Between 2009 and 2014, via its office in Tarin Kowt, the Afghan
Independent Human Rights Commission (AIHRC) made numerous inquiries into
incidents involving Australian military forces in Uruzgan and neighbouring
provinces that it claimed resulted in civilian casualties. The inquiries
were fielded by ADF legal officers based in Tarin Kowt, who then passed
them up the chain of command.
Most AIHRC inquiries received written responses signed by senior leaders
from either Combined Team Uruzgan or Joint Task Force 633.
Disclaimer
Where staff details are captured in documents within the scope of your FOI
request, this information will be redacted; this includes private email
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Timeframe
The statutory timeframe to provide you with a decision on your request
ends on 26 May 2023. This period may be extended if we need to consult
with third parties, or for other reasons. We will advise you if this
happens.
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if you would prefer us to use an alternative means of contact.
I am the Case Manager for this request. Should you have any questions
relating to your request, please do not hesitate to contact me via email:
[1][email address].
Kind Regards
FOI Case Management
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[2]Freedom of information requests | About | Defence
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OFFICIAL
Good Morning Andrew,
The current statutory deadline for you to receive a response to your
Defence FOI request is 26 May 2023.
Due to processing demands associated with your request, our office is
seeking your agreement to a 30-day extension of the statutory deadline
under section 15AA [extension with agreement] of the FOI Act. This time
will be used by the Decision Maker to consider the sensitivities of the
subject matter, with consultation among multiple relevant line areas in
Defence to provide a robust decision on access.
Should you agree, the statutory deadline for you to receive a response to
your request will expire on 25 June 2023.
I would be grateful if you could reply with your agreement to this
extension of time via e-mail by 5:00pm Thursday 18 May 2023.
Should you have any questions regarding this matter please do not hesitate
to contact me.
Kind regards,
FOI Case Management
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[1]Freedom of information requests | About | Defence
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
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immediately.
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Dear FOI Case Management,
Thank you for the update. I understand the sensitivities and am happy to agree to the extra month you've requested.
Yours sincerely,
Andrew
Our reference: RQ23/03726
Agency reference: 687/22/23
Andrew Quilty
By email: [FOI #10196 email]
Extension of time application by Department of Defence
Dear Mr Quilty
I write to advise that on 26 June 2023 the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Department of Defence (the Department) for an extension of time, to
process your FOI request of 26 April 2023.
The Department has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be complex.
Please find attached a copy of the Department’s reasons for its
application.
The Department has requested an extension to 9 August 2023. A decision
maker at the OAIC will take any comments you may have to make into account
when deciding the application.
Please respond to this email by close of business 29 June 2023. If we do
not hear from you by this date, the decision maker at the OAIC will make a
decision on the basis of the information provided to the OAIC by the
Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [1]Extensions of time.
Contact
If you have any questions about this email, please contact me on 1300 363
992 or at [2][email address]. Please quote OAIC reference: RQ23/03726 in
all correspondence.
Kind regards
Bernie Lai
[3][IMG] Bernie Lai <he/him>
Assistant Director | Freedom of Information Branch
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [4][email address]
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Dear OAIC - FOI DR,
Thank you for the update on the progress of my request.
While I accept the categorisation of the request as "complex" I am concerned about the obvious conflict of interest in having the documents requested assessed for potential release by the Office of the Chief of Defence, Vice Chief of Defence and the Head of the Afghanistan Inquiry Response Taskforce.
Given the nature of the requested documents, I have reason to believe that those assessing them may have personal motivations to prohibit or limit their release.
I ask that this is taken into consideration in the decision-making process.
Yours sincerely,
Andrew
Andrew
Our reference: RQ23/03726
Agency reference: 687/22/23
Andrew Quilty
By email: [1][FOI #10196 email]
CC: [2][email address]
FOI Extension of Time decision
Dear Mr Quilty,
Please find attached an FOI Extension of time decision relating to your
FOI request with the Department of Defence. A copy of this decision has
been provided to the Department today.
Kind regards,
Thomas Hanaee
[3][IMG] Assistant Review Adviser
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[4]oaic.gov.au
1300 363 992 | [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] | [9]Subscribe to OAICnet newsletter
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switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
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OFFICIAL
Dear Andrew Quilty
Please find attached the Decision and documents relating to Defence FOI
687/22/23. A schedule of documents is also attached.
In accordance with the requirements of section 11C of the FOI Act, Defence
is required to publish details of information released under the FOI Act.
Defence publishes identified documents relating to finalised requests
within ten working days of receipt by the applicant. Defence will also
publish the statement of reasons with privacy deletions.
Under section 54 of the FOI Act, you are entitled to request a review of
this decision. Your review rights are attached.
Please contact this office should you require any further information.
Regards
Erin
FOI Case Manager
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[1]Freedom of information requests | About | Defence
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
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Dear Department of Defence,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department of Defence's handling of my FOI request 'Letters from Combined Team Uruzgan and Joint Task Force 633 leadership to the Afghan Independent Human Rights Commission'.
While I have been provided with seven documents pertaining to my original request, I believe there are other relevant documents which have not been provided.
To recap, I requested letters from senior leadership at Joint Task Force (JTF) 633 addressed to the Afghan Independent Human Rights Commission (AIHRC) in response to letters from the AIHRC regarding complaints made against the Australian Defence Force between 2009 and 2014.
From the seven documents provided to me on 9 August 2023, the earliest letter was signed by Air Commodore C.J. Sawade, Deputy Commander Joint Task Force 633 on 14 August 2012. I don't believe, however, that this was the first letter of its nature sent by senior ADF officials to the AIHRC in the specified time period.
My original request refers to letters of the nature described above between 2009 and 2014. If it was not obvious that the request referred to ALL such letters, I would like to make that clear now.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/l...
Sincerely,
Andrew Quilty
OFFICIAL
Dear Mr Quilty,
This response is to acknowledge the receipt of your recent email.
In that email you requested an internal review under section 54 of the
Freedom of Information Act 1982 (FOI Act) of the decision issued by the
Department on 9 August 2023.
The review you are seeking is in relation to the scope of your original
FOI request:
“…all such response letters from the leadership of both Combined Team
Uruzgan and Joint Task Force 633 to the AIHRC between 2009 and 2014.
Background:
Between 2009 and 2014, via its office in Tarin Kowt, the Afghan
Independent Human Rights Commission (AIHRC) made numerous inquiries into
incidents involving Australian military forces in Uruzgan and neighbouring
provinces that it claimed resulted in civilian casualties. The inquiries
were fielded by ADF legal officers based in Tarin Kowt, who then passed
them up the chain of command.
Most AIHRC inquiries received written responses signed by senior leaders
from either Combined Team Uruzgan or Joint Task Force 633.”
As part of your request for internal review, your contentions are:
“I am writing to request an internal review of Department of Defence's
handling of my FOI request 'Letters from Combined Team Uruzgan and Joint
Task Force 633 leadership to the Afghan Independent Human Rights
Commission'.
While I have been provided with seven documents pertaining to my original
request, I believe there are other relevant documents which have not been
provided.
To recap, I requested letters from senior leadership at Joint Task Force
(JTF) 633 addressed to the Afghan Independent Human Rights Commission
(AIHRC) in response to letters from the AIHRC regarding complaints made
against the Australian Defence Force between 2009 and 2014.
From the seven documents provided to me on 9 August 2023, the earliest
letter was signed by Air Commodore C.J. Sawade, Deputy Commander Joint
Task Force 633 on 14 August 2012. I don't believe, however, that this was
the first letter of its nature sent by senior ADF officials to the AIHRC
in the specified time period.
My original request refers to letters of the nature described above
between 2009 and 2014. If it was not obvious that the request referred to
ALL such letters, I would like to make that clear now”
The Department’s statutory deadline to issue an internal review decision
is 30 days from the date we received the request. Consequently, you will
receive a decision in regards to your review by 5 October 2023.
In the meantime, please do not hesitate to contact our office if you have
any questions.
Regards
FOI Review Team
FOI Review Directorate
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[1][email address]
PO Box 7910
R1-05-A
Canberra BC ACT 2610
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
References
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OFFICIAL
Dear Mr Quilty,
Thank you for your email dated 4 September 2023 asking for an internal
review of the decision you received under the FOI Act.
This email is to inform you of the decision by Mr Shan Gunawardena,
Assistant Director of Freedom of Information Review on your internal
review application.
The statement of reasons detailing Mr Gunawardena’s decision and documents
in form approved for release are attached.
Rights of review
The FOI Act provides for rights of review of decisions. Should you be
dissatisfied with Mr Gunawardena’s decision you have the right to seek
review. Please find attached a copy of your review rights
If you have any questions in relation to this matter, please contact this
office.
Kind regards
FOI Review Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
PO Box 7910 Canberra BC ACT 2610
Email: [1][email address]
[2]http://www.defence.gov.au/FOI/privacy.asp
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
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Our reference: RQ23/05154
Agency reference: 687/22/23
Andrew Quilty
By email: [1][FOI #10196 email]
CC: [2][email address]
FOI Extension of Time decision
Dear Mr Quilty,
Please find attached an FOI Extension of time decision relating to your
FOI request with the Department of Defence. A copy of this decision has
been provided to the Department today.
Kind regards,
Thomas Hanaee
[3][IMG] Assistant Review Adviser
Freedom of Information Branch
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[4]oaic.gov.au
1300 363 992 | [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] | [9]Subscribe to OAICnet newsletter
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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