Manus Island CCTV Footage
Dear Department of Immigration and Border Protection,
I hereby request, under the Freedom of Information Act 1982 (Cth), copies of the following documents:
1) Documents including CCTV footage from any premises either run by or otherwise provided to or managed under contract on behalf of the Department of Immigration and Border Protection (DIBP) or any other government department that reports to or is otherwise related to DIBP on Manus Island from 16 to 20 February, 2014.
I also make the application that all costs for the processing of this request be waived on the grounds that the release of this information is in the public interest, will enhance the transparency of the process, and aid the public debate surrounding government policy.
Yours faithfully,
Asher Wolf
Dear Department of Immigration and Border Protection,
This email address is valid for the purposes of s15(2)(c) of the Freedom of Information Act 1982 (Cth).
Yours faithfully,
Asher Wolf.
UNCLASSIFIED
Our references: FA 14/03/00153; ADF2014/7565
Dear Mr Wolf,
Please find attached the acknowledgement of receipt for your recent FOI
Request.
Yours sincerely
_____________________________________
Shannon Bevan
FOI Officer
FOI & Privacy Policy Section
Ministerial, Executive and External Accountability Branch (MEEAB)
Department of Immigration and Border Protection
( (02) 6264 4667
8 [1][email address]
UNCLASSIFIED
References
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1. mailto:[email address]
UNCLASSIFIED
Our references: FA 14/03/00153; ADF2014/7565
Dear Ms Wolf
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:
Documents including CCTV footage from any premises either run by or
otherwise provided to or managed under contract on behalf of the
Department of Immigration and Border Protection (DIBP) or any other
government department that reports to or is otherwise related to DIBP on
Manus Island from 16 to 20 February, 2014.
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.
The current due date for your request under the FOI Act is Saturday, 29
March 2014.
Due to the number of requests currently being processed by our office, and
due to the fact that this matter was only allocated to me today, it is
unlikely that I will be able to finalise your request by the original due
date.
I therefore seek 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 Tuesday, 28 April 2014.
Please advise by close of business Friday, 21 March 2014 whether you agree
to this request for an extension of time.
Yours sincerely
Marianne Nolte-Crimp
FOI and Privacy Policy Section
Department of Immigration and Border Protection
E-mail: [1][email address]
UNCLASSIFIED
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Dear Marianne Nolte-Crimp,
I do not consent to your request to extend the due date.
Yours sincerely,
Asher Wolf.
Dear Ms Marianne Nolte-Crimp,
Also, in future correspondence I would suggest if you wish to use a gender-specific honorific, please address me as "Ms Wolf", as opposed to "Mr Wolf."
Yours sincerely,
Asher Wolf.
UNCLASSIFIED
Dear Ms Wolf,
Thank you for your email, the contents of which have been noted.
Regards,
Marianne Nolte-Crimp
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6264 1757
E-mail: [email address]
UNCLASSIFIED
Our references: FA 14/03/00153; ADF2014/7565
Dear Ms Wolf
This email refers to your FOI request received on27 February 2014 seeking
access to:
… documents including CCTV footage from any premises either run by or
otherwise provided to or managed under contract on behalf of the
Department of Immigration and Border Protection (DIBP) or any other
government department that reports to or is otherwise related to DIBP on
Manus Island from 16 to 20 February, 2014.
The current due date for your FOI request is 29 March 2014.
The purpose of this email is to advise you (as required under s.24AB of
the FOI Act) that I consider a 'practical refusal reason' exists under
s.24AA of the Freedom of Information Act 1982 (FOI Act) in relation to
your request. I have set out my reasons in the attached notice.
The FOI Act requires that you respond to this notice before the end of the
consultation period, which is close of business Australian Eastern
Standard Time (AEST) Monday, & April 2014.
As advised in the notice, you may reply to me at this email address
([1][email address]).
Regards,
Marianne Nolte-Crimp
FOI and Privacy Policy Section
Department of Immigration and Border Protection
E-mail: [2][email address]
UNCLASSIFIED
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2. mailto:[email address]
UNCLASSIFIED
Dear Ms Wolf,
Further to my email below, the consultation period ends close of business
Australian Eastern Standard Time (AEST) Monday, 7 April 2014
Apologies for my error below.
Regards,
Marianne Nolte-Crimp
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6264 1757
E-mail: [1][email address]
UNCLASSIFIED
From: Marianne NOLTE-CRIMP On Behalf Of FOI
Sent: Monday, 24 March 2014 5:30 PM
To: [FOI #546 email]
Cc: Steven HOCKING; Angela O'NEIL
Subject: TRIM: Notice under s.24AB of FOI Act – FA 14/03/00153
[SEC=UNCLASSIFIED]
UNCLASSIFIED
Our references: FA 14/03/00153; ADF2014/7565
Dear Ms Wolf
This email refers to your FOI request received on27 February 2014 seeking
access to:
… documents including CCTV footage from any premises either run by or
otherwise provided to or managed under contract on behalf of the
Department of Immigration and Border Protection (DIBP) or any other
government department that reports to or is otherwise related to DIBP on
Manus Island from 16 to 20 February, 2014.
The current due date for your FOI request is 29 March 2014.
The purpose of this email is to advise you (as required under s.24AB of
the FOI Act) that I consider a 'practical refusal reason' exists under
s.24AA of the Freedom of Information Act 1982 (FOI Act) in relation to
your request. I have set out my reasons in the attached notice.
The FOI Act requires that you respond to this notice before the end of the
consultation period, which is close of business Australian Eastern
Standard Time (AEST) Monday, & April 2014.
As advised in the notice, you may reply to me at this email address
([2][email address]).
Regards,
Marianne Nolte-Crimp
FOI and Privacy Policy Section
Department of Immigration and Border Protection
E-mail: [3][email address]
UNCLASSIFIED
References
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2. mailto:[email address]
3. mailto:[email address]
Ben Fairless left an annotation ()
Can't help but wonder if they are using a Practical Refusal reason to get around your refusal of their request for an extension.... but no, they wouldn't act in a way that wasn't proper would they?
Brian left an annotation ()
You'll never get much personal information anyway. It'll be exempted under s.47F. You could try and reduce the scope by specifying which parts of could be redacted.
As for reducing the document load, you could lose talking points are they are just the points given by Government. The bits they don't use are redacted.
Intelligence assessments and client security risk assessments will be exempted under s.33 and/or s.37.
Emails are rarely enlightening, yet cause a lot of work to process and end up with s.22 all over them.
I'm not a lawyer though. Just my thoughts! Best of luck.
Brendan Molloy left an annotation ()
It specifically says "Documents including CCTV footage". They seem to have interpreted that as "Documents, including CCTV footage" because they seemingly never learnt about commas and their importance.
The request is only asking for video footage, and was wording to say "Documents including" in case they decided to get semantic about the container that the video was in.
Dear Marianne Nolte-Crimp,
It seems that my request has been misinterpreted.
I have requested "Documents including CCTV footage" not "Documents, including CCTV footage".
The intent of the use of the word "include" here was in the sense of "contains": documents that contain the CCTV footage.
The intent of my request is to include CCTV footage only, ie, video footage, and I believe that is sufficiently conveyed in the current wording.
I therefore request that you reassess the scope of this request.
Yours sincerely,
Asher Wolf.
UNCLASSIFIED
Our References: FA 14/03/00153; ADF2014/7565
Dear Ms Wolf,
Thank you for your email of 25 March 2014.
It is my understanding that the revised scope of your request is as
follows:
I hereby request, under the Freedom of Information Act 1982 (Cth), copies
of documents that contain CCTV footage from any premises either run by or
otherwise provided to or managed under contract on behalf of the
Department of Immigration and Border Protection (DIBP) or any other
government department that reports to or is otherwise related to DIBP on
Manus Island from 16 to 20 February, 2014.
I accept this revised scope and no longer consider that a ‘practical
refusal reason’ exists under section 24AA of the FOI Act.
As set out in subsection 24AB(8) of the FOI Act, the consultation period
has been disregarded in calculating the processing period. The due date or
your request is accordingly now Monday, 31 March 2014.
Regards,
----------------------------
Marianne Nolte-Crimp
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6264 1757
E-mail: [1][email address]
UNCLASSIFIED
References
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1. mailto:[email address]
UNCLASSIFIED
Our references: FA 14/03/00153; ADF2014/7565
Dear Ms Wolf
Thank you for your email addressed to Ms Marianne Nolte-Crimp regarding
the use of a 'gender-specific honorific'. I note your request that the
Department address you as 'Ms Wolf' rather than ‘Mr Wolf’. I am responding
on behalf of the Department.
I can confirm that the Department’s protocols for addressing
correspondence is to use, where possible, an honorific, and that Ms
Nolte-Crimp has at all times addressed you as ‘Ms’ in her correspondence.
However, I note that on 11 March 2014, the Department provided you with an
acknowledgement letter in which the author addressed you as ‘Mr Wolf’. In
reviewing this action I found that the Department had erroneously entered
your gender as ‘male’ in the FOI case-management system. I apologise for
that error and can advise you that I have corrected the Department’s
records.
Thank you for bringing this matter to the Department’s attention and for
providing the opportunity to correct the error.
Yours sincerely
Angela O'Neil
Assistant Director
FOI and Privacy Policy Section
Ministerial, Executive and External Accountability Branch
Department of Immigration and Border Protection
Email: [1][email address]
UNCLASSIFIED
Our references: FA 14/03/00153; ADF2014/7565
Dear Ms Wolf,
I refer to your FOI request received on 27 February 2014, seeking access
to documents, as follows:
I hereby request, under the Freedom of Information Act 1982 (Cth), copies
of documents that contain CCTV footage from any premises either run by or
otherwise provided to or managed under contract on behalf of the
Department of Immigration and Border Protection (DIBP) or any other
government department that reports to or is otherwise related to DIBP on
Manus Island from 16 to 20 February, 2014.
I have made a final decision on this request.
Please see attached my signed decision letter.
This request has now been closed.
Regards
Marianne Nolte-Crimp
FOI and Privacy Policy Section
Department of Immigration and Border Protection
E-mail: [1][email address]
UNCLASSIFIED
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Ben Fairless left an annotation ()
How they go from 900 pages to nothing after you clarify what you are looking for seems a bit suss. I don't need to tell you, but perhaps an Internal Review is worthwhile here?
Alex Sadleir left an annotation ()
As noted elsewhere, the Minister for Immigration has publicly stated that funding for the installation of CCTV cameras was provided at the end of last year www.customs.gov.au/site/131220OSBtranscr...
Records "created by or in the possession of" contractors to the government are also covered by Section 6C of the FOI Act http://www.oaic.gov.au/freedom-of-inform...
Brendan Molloy left an annotation ()
It is entirely up to you whether or not you consent to their request. Even if you say no, they will request an extension from the OAIC and probably have an extension granted, but for various reasons, this is a better outcome.
You know what I would do. ;)