Letters from Prince Charles and other royal family members
Dear Department of the Prime Minister and Cabinet,
I would like to ask how many (if any) letters the Prime Minister and Cabinet has received from the following members of the royal family and heirs to the throne in each of the previous 3 calendar years (2014, 2015, 2016 to date):
1) The Queen
2) Prince Charles
3) Prince William
I would also like to request copies of each of the letters received.
Yours faithfully,
William Summers
UNCLASSIFIED
Dear Mr Summers
I refer to your email below dated Monday 25 July 2016. I’m writing to let you know that the Department does not consider your request to be a valid request under the Freedom of Information Act 1982 (FOI Act), because you are seeking access to information rather than documents.
Section 11 of the FOI Act provides a right of access to existing documents of an agency, rather than information. The terms of your request are framed to seek access to information rather than a particular document. The FOI Act does not require the Department to create a document in response to your request. You may wish to consider reframing your request by reference to a document that contains particular information.
If you wish to discuss options to make a valid request, please feel free to contact the Department by email at [email address] or telephone on (02) 6271 5849.
Regards
FOI Administration Officer/Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. +61 2 6271 5849 e. | [DPMC request email] | www.dpmc.gov.au PO Box 6500 CANBERRA ACT 2600
Dear Department of the Prime Minister and Cabinet,
Thank you for your response. In which case I will clarify this request to simply ask for a copy of all letters the Prime Minister and Cabinet has received from the following members of the royal
family and heirs to the throne since 1 January 2014:
1) The Queen
2) Prince Charles
3) Prince William
Many thanks,
William Summers
UNCLASSIFIED
FOI/2016/135
Dear Mr Summers
Thank you for your email dated 25 July 2016, received by the Department of
the Prime Minister and Cabinet (the Department), in which you made a
request to the Department under the Freedom of Information Act 1982 (the
FOI Act) in the following terms:
‘all letters the Prime Minister and Cabinet has received from the
following members of the royal family and heirs to the throne since 1
January 2014:
1) The Queen
2) Prince Charles
3) Prince William’.
Timeframe for receiving your decision
We received your request on 25 July 2016 and the 30 day statutory period
for processing your request commenced from the day after that date. You
should therefore expect a decision from us by 24 August 2016. The period
of 30 days may be extended in certain circumstances. We will advise you if
there is any extension of time.
Charges
Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.
Publication of documents
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]http://www.dpmc.gov.au/pmc/accountabilit...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email]. If you
do wish to object to the publication of information, you would need to
provide supporting reasons.
Exclusion of officers’ names and contact details
For documents that fall within scope of the request, it is the
Department’s policy to withhold:
· any person’s signature;
· the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);
· the mobile or direct numbers of SES officers;
· the names and contact details of Ministerial staff at a level
below Chief of Staff.
The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [3][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).
We will write again when the Department has more information. Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner at
[4]http://www.oaic.gov.au/foi-portal/about_....
Yours sincerely
FOI Administration Officer/Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy
Branch
Government Division | Department of the Prime Minister and Cabinet
p. +61 2 6271 5849
e. | [5][DPMC request email] | [6]www.dpmc.gov.au
PO Box 6500 CANBERRA ACT 2600
.
References
Visible links
1. http://www.dpmc.gov.au/pmc/accountabilit...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. http://www.oaic.gov.au/foi-portal/about_...
5. mailto:[DPMC request email]
6. http://www.dpmc.gov.au/
UNCLASSIFIED
Dear Mr Summers
I refer to your FOI request, as initially set out in your email of 25
July 2016 and subsequently revised on 26 July 2016.
Noting the decision due date for this matter is today, 25 August 2016,
regrettably, with unusually heavy workloads on the part of the
decision-maker and his team, due to the fact that this is the lead-up
period to a number of overseas meetings and conferences of the parties,
for which the decision maker and his team have briefing responsibilities,
it will not be possible to finalise this matter by the current due date.
To enable the decision maker to undertake further deliberations and
consultations, we will require further time to complete the necessary
steps to finalise this matter.
Under section 15AA of the FOI Act, an agency may, with the written
agreement of the applicant, extend the decision due date for an FOI
request for a period of up to 30 days. Accordingly, we are seeking your
consent to a 30-day extension of time to the processing period, to 24
September 2016, in accordance with section 15AA of the FOI Act. We will
endeavour to notify you of the Department’s decision prior to this
extended date but have requested this amount of time to enable the
Department to complete the necessary steps in processing the request and
to finalise its decision.
We kindly request you confirm your consent to the extension by way of
return email. If you are not inclined to agree to an extension of time,
we ask that you let us know as soon as possible so the decision-maker may
consider seeking an extension of time from the Office of the Australian
Information Commissioner, in accordance with section 15AB of the FOI Act.
Kind regards
FOI Adviser
Access and Administrative Review Section | Honours, Symbols and Legal
Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. 02 6271 5849 |e. [1][email address]
[2]www.dpmc.gov.au | [3]www.indigenous.gov.au
PO Box 6500 CANBERRA ACT 2600
The Department acknowledges the traditional owners of country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to their elders both past
and present.
[4]Description: Description: cid:image001.png@01CEF5A2.F4275AD0
References
Visible links
1. mailto:[email address]
2. http://www.dpmc.gov.au/
3. http://www.indigenous.gov.au/
Dear FOI team,
Thanks for your message requesting an extension.
I am a pretty reasonable person and sympathise with your time constraints, but I must say I don't really a compelling reason why access to this information should be delayed in this case, which I understand from your correspondence to be time and resources constraints only.
The Information Commissioner expressly says that an extension under 15AA is for "large or complex requests" (as is the same for section 15AB). I can't see how this is either, given it is just a simple request for copies of existing documents in their current form, which I would presume are readily available on file, and you have not, as yet, tried to make the case that the information requested in complex or voluminous.
Therefore I regret to say I do not agree to an extension of time in this case and would like to receive the information ASAP.
Yours sincerely,
William Summers
Our reference: RQ16/03072
Mr William Summers
Sent via email to: [1][FOI #2079 email]
Dear Mr Summers
Extension of time request by the Department Of The Prime Minister And
Cabinet
I write to advise that on 25 August 2016, the Office of the Australian
Information Commissioner (the OAIC) received a request from the Department
Of The Prime Minister And Cabinet (the Department) for an extension of
time, to process your freedom of information request.
The Department has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) (FOI Act) because your request is
considered to be voluminous or complex.
The Department advises they sought an extension from you under s 15AA of
the FOI Act. You refused this request.
The Department has requested an extension to 24 September 2016. I am
minded to grant the Department an extension of time but will take any
comments you may have to make into account when deciding the application.
Please respond to this email by close of business 30 August 2016. If I do
not hear from you by this date, I will proceed to make a decision on the
basis of the information provided to me 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 [2]FOI Fact Sheet 16 - Extensions of time.
Contact
If you have any questions, please contact me on 02 9284 9605 or via email
[3][email address]. In all correspondence please include
reference number RQ16/03072.
Yours sincerely
Irene Nicolaou | Assistant Investigation and Review Officer | Freedom of
Information Dispute Resolution
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5128 SYDNEY NSW 2001| [4]www.oaic.gov.au
Phone: +61 2 9284 9605 | E-mail: [5][email address]
Protecting information rights – advancing information policy
References
Visible links
1. mailto:[FOI #2079 email]
2. http://www.oaic.gov.au/publications/fact...
3. mailto:[email address]
4. http://www.oaic.gov.au/
5. mailto:[email address]
Dear Irene Nicolaou,
Thank you for your correspondence about a possible extension.
I was contacted by DPMC yesterday about this and told them I was not minded to grant an extension under 15AA. The reason for this is that I did not believe they had a compelling case for an extension, and their reasons for this basically amounted to time management issues:
"regrettably, with unusually heavy workloads on the part of the decision-maker and his team, due to the fact that this is the lead-up period to a number of overseas meetings and conferences of the parties, for which the decision maker and his team have briefing responsibilities, it will not be possible to finalise this matter by the current due date. To enable the decision maker to undertake further deliberations and consultations, we will require further time to complete the necessary steps to finalise this matter."
No mention was made of the case being complex or voluminous.
My response to this was as follows:
"Thanks for your message requesting an extension. I am a pretty reasonable person and sympathise with your time constraints, but I must say I don't really a compelling reason why access to this information should be delayed in this case, which I understand from your correspondence to be time and resources constraints only.
The Information Commissioner expressly says that an extension under 15AA is for "large or complex requests" (as is the same for section 15AB). I can't see how this is either, given it is just a simple request for copies of existing documents in their current form, which I would presume are readily available on file, and you have not, as yet, tried to make the case that the information requested in complex or voluminous. Therefore I regret to say I do not agree to an extension of time in this case and would like to receive the information ASAP."
All of this correspondence can be seen in full at the Right to Know website: https://www.righttoknow.org.au/request/l...
I do not agree to a 30 day extension on the following grounds:
1) DPMC claim to have had staffing issues but apparently left it until the last minute to put measures in place to deal with this
2) DPMC have made no mention to me that the case is complex or voluminous
3) DPMC did not approach me with any kind of negotiation on this, for example asking for a one or two week extension instead of the maximum 30 days. It was 30 days or nothing.
4) I don't believe this case should be complex. I am simply asking for copies of letters, and I believe it is strongly in the public interest that communication from the Australian head of state and future heads of state are released.
5) If the letters contain potentially controversial or sensitive material, then I would argue that makes it even more important they are released in full as soon as possible.
Clearly this case is now delayed anyway, regardless of this decision. Given that fact, and in the interests of being reasonable, I would compromise on a maximum two-week extension to this request. I therefore ask the OAIC to consider this approach in your decision, and to grant a maximum of 14 days extension instead of the 30-day extension requested, given that the need for an extra 30 days has not, in my view, been convincingly demonstrated.
Yours sincerely,
William Summers
Dear Mr Summers
Thank you for your email and submission regarding the Department of Prime Minister and Cabinet's request for extension of time.
I appreciate your timely response to my inquiry.
I have attached your correspondence to the case file and will be making a final decision on the matter shortly.
I will notify you of my final decision.
Kind regards
Irene Nicolaou | Assistant Investigation and Review Officer | Freedom of Information Dispute Resolution
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5128 SYDNEY NSW 2001| www.oaic.gov.au
Phone: +61 2 9284 9605 | E-mail: [email address]
Protecting information rights – advancing information policy
Our reference: RQ16/03072
Mr William Summers
By email: [1][FOI #2079 email]
Dear Mr Summers
Extension of time request under s15AB
On 25 August 2016, the Department of the Prime Minister and Cabinet (the
Department) requested further time to make a decision on your FOI request
of 26 July 2016.
This request was on the basis that the processing period is insufficient
to deal adequately with your request, because it is complex or voluminous.
Contact with Applicant
On 26 August 2016, I contacted you to seek your views on the Department’s
request. On 26 August 2016, you responded to my inquiries and provided
comments which I have taken into consideration.
Overall, I am satisfied as to the complexity of the request and the
reasons provided by the Department.
The Information Commissioner has decided to grant the Department an
extension of time to process your request to 24 September 2016. This
decision has been made under s15AB(2) of the Freedom of Information Act
1982 (Cth) (the FOI Act).
By granting further time it is anticipated that the Department will
provide a well-reasoned and better managed decision.
Contact
If you have any questions regarding this email please contact me on 02
9284 9605 or via email [2][email address]. Please quote OAIC
reference number RQ16/03072 in all correspondence.
Yours sincerely
Irene Nicolaou | Assistant Investigation and Review Officer | Freedom of
Information Dispute Resolution
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5128 SYDNEY NSW 2001| [3]www.oaic.gov.au
Phone: +61 2 9284 9605 | E-mail: [4][email address]
Protecting information rights – advancing information policy
References
Visible links
1. mailto:[FOI #2079 email]
2. mailto:[email address]
3. http://www.oaic.gov.au/
4. mailto:[email address]
Dear Irene Nicolaou,
Thank you for your most recent correspondence.
I therefore look forward to receiving a full response from the Department by 24 September.
Best wishes,
William Summers
UNCLASSIFIED
Dear Mr Summers
Please find attached the decision of the Department of the Prime Minister
and Cabinet in relation to your FOI request - ref: FOI/2016/135.
Yours sincerely
FOI Adviser
Access and Administrative Review Section | Honours, Symbols and Legal
Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. 02 6271 5849 |e. [1][email address]
[2]www.dpmc.gov.au | [3]www.indigenous.gov.au
PO Box 6500 CANBERRA ACT 2600
The Department acknowledges the traditional owners of country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to their elders both past
and present.
[4]Description: Description: cid:image001.png@01CEF5A2.F4275AD0
References
Visible links
1. mailto:[email address]
2. http://www.dpmc.gov.au/
3. http://www.indigenous.gov.au/
Ref: FOI/2016/135
Thank you for your decision notice, which I received on 22 September 2016, regarding my request for letters to the Prime Minister from members of the royal family.
I am disappointed that this information is being withheld and request an internal review of this decision for the reasons outlined below.
You state that there are 3 pieces of correspondence within the scope of my request. The decision to withhold all of them relies on Section 33 of the FOI Act, arguing that release of the letters would cause “damage” to international relations. I contest this on the basis of two key points:
1) Guidance about S33 (5.31 of the FOI Guidelines) states that: “The expectation of damage to international relations must be reasonable in all the circumstances, having regard to the nature of the information; the circumstances in which it was communicated; and the nature and extent of the relationship. There must also be real and substantial grounds for the conclusion that are supported by evidence. These grounds are not fixed in advance, but vary according to the circumstances of each case.”
I do not accept that the Department has made the case that there are “substantial grounds” for believing that relations with the UK or other nations may be affected, nor provided any evidence for this. Whether or not the letters in themselves would be controversial must be judged on a case by case basis for each of the letters. If they are not controversial, it is unreasonable to assume that any relations would be damaged by releasing them. I would ask that the content of each of the letters is reviewed and subsequently released unless they contain potentially controversial statements.
2) The Department has approached this as if the Queen and members of the royal family are an entirely foreign entity to Australia, stating only that they have a “significant connection” to our nation. This is incorrect: the royal family in fact plays a direct role in the governance structure of Australia as our current and future Heads of State. As such, I would question whether S33 regarding damage to international relations should even come into play at all, given that this is about letters from Australia’s Head of State (or future Heads of State) to Australia’s Prime Minister, who technically runs the Australian Government on behalf of the monarch.
I would like consideration to be given to this point, and a review of whether mention of international relations should actually be struck from the Department’s response as irrelevant, given the monarch’s status as Australian Head of State. I would strongly assume (without being able to see them) that the letters have been written and sent in the capacity of Australia’s Head of State (or future Head of State) rather than as a representative of the UK and its Government.
I am therefore asking for an internal review of this decision and ask that all letters are released in full. I look forward to your response.
Best wishes
William Summers
Please pass this on to the person who conducts Freedom of Information reviews.
I note it is now more than 30 days since I requested an internal review (on 23 September), and I have had no notification or response from you. Can I check if any response is forthcoming please?
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...
Thanks,
William Summers
UNCLASSIFIED
Dear Mr Summers
Please find attached the decision of the Department of the Prime Minister
and Cabinet in relation to your FOI request - ref: FOI/2016/135/Internal
Review.
Yours sincerely
FOI Adviser
Access and Administrative Review Section | Honours, Symbols and Legal
Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. 02 6271 5849 |e. [1][email address]
[2]www.dpmc.gov.au | [3]www.indigenous.gov.au
PO Box 6500 CANBERRA ACT 2600
References
Visible links
1. mailto:[email address]
2. http://www.dpmc.gov.au/
3. http://www.indigenous.gov.au/