OAIC Executive Committee Meeting Minutes 2022

Response to this request is long overdue. By law, under all circumstances, Office of the Australian Information Commissioner should have responded by now (details). You can complain by requesting an internal review.

Dear Office of the Australian Information Commissioner,

I request copy of the minutes of the 2022 OAIC Executive Committee Meetings (some are in file 21/000157)

Ciao

Julie

HORGAN,Llewellyn, Office of the Australian Information Commissioner

1 Attachment

Our reference: FOIREQ22/00211

Dear Julie

Freedom of Information request

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (the FOI Act) and received by the Office of the
Australian Information Commissioner (OAIC) on 5 August 2022.

Scope of your request

In your email you seek access on the following terms:

“I request copy of the minutes of the 2022 OAIC Executive Committee
Meetings (some are in file 21/000157)”

Clarification of scope

Version of minutes requested

It would be much appreciated if you could clarify whether you are seeking
the Executive Committee meeting minutes in summary version (a version that
is available to OAIC staff) or a full copy of the minutes.

Date range of request

It would also be appreciated if you could clarify the date range of the
documents you are seeking. Are you seeking meeting minutes just from the
2022 calendar year, or the financial year? For the avoidance of doubt, it
would be preferable if you could provide an exact date range for your
request.

Personal information

Noting that this is a request made on the public Right to Know platform,
we also wanted to ask if you would be happy to exclude personal
information from the scope of your request? Please let us know if you
would be willing to exclude such information from your request.

We would be grateful to receive your response by 12 August 2022. If we do
not receive your response by this date we will assume the scope of your
request is for the following:

 1. Full copy of the minutes
 2. The calendar year from 1 Jan 2022 up to the date of the FOI request –
noting that you have only nominated 2022 in your FOI request.
 3. You are seeking personal information in your FOI request, unless we
receive your express consent to exclude this information.

Other matters

In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.

We will not identify you as the FOI applicant during and consultation
process. However, documents that are within the scope of your request that
we may need to consult third parties about may contain your personal
information.

Timeframes for dealing with your request

Section 15 of the FOI Act requires this office to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.

As we received your request on 5 August 2022, we must process your request
by 5 September 2022.

Disclosure Log

Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.

It would be much appreciated if you could reply to this email, confirming
your agreement with our interpretation of your request.

Regards

Llewellyn

 

 

[1]O A I C logo   Llewellyn Horgan | Graduate

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au

+61 2 9942 4234 |  [2][email address]

 

 

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. https://www.oaic.gov.au/
2. mailto:[email address]

Dear HORGAN,Llewellyn,

1. I request the full copy of minutes for Executive Committee meeting in the calendar year of 2022, but if access is refused in full to those minutes, then the scope of this foi is for summary minutes in lieu. Summary minutes are not required if full minutes are provided.

2. Information relating to the private personal relationship and household affairs of individuals in these documents is irrelevant. Information that is official information is relevant.

Ciao

Julie

HORGAN,Llewellyn, Office of the Australian Information Commissioner

1 Attachment

Our reference: FOIREQ22/00211

 

Dear Julie,

 

Freedom of information request no. FOIREQ22/00211

 

I refer to your request made under the Freedom of Information Act 1982
(Cth) (FOI Act) and received by the Office of the Australian Information
Commissioner (OAIC) on 5 August 2022.

 

Because your request covers documents which contain information concerning
the personal information of third parties, the OAIC is required to consult
the relevant party under 27A of the FOI Act before making a decision on
release of the documents.

For this reason, the period for processing your request has been extended
by 30 days to allow time to consult (see s 15(6) of the FOI Act). The
processing period for your request will now end on 5 October 2022.

 

The consultation mechanism under s 27A applies when we believe the person
concerned may wish to contend that the requested documents are exempt for
reasons of personal privacy. We will take into account any comments we
receive but the final decision about whether to grant you access to the
documents you requested rests with the office of the OAIC.

 

We will not identify you as the FOI applicant during any consultation
process.

 

Kind regards,

 

Llewellyn

 

 

 

[1]O A I C logo   Llewellyn Horgan | Graduate

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au

+61 2 9942 4234 |  [2][email address]

 

 

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. https://www.oaic.gov.au/
2. mailto:[email address]

Dear HORGAN,Llewellyn,

Having agreed to the personal information of private individuals being out of scope, the consultation mechanism under s 27A does not apply, as it is not reasonable to believe any person
concerned may wish to contend that the requested documents are exempt for reasons of personal privacy, given such information would be out of scope.

This type of misconduct might have been what you regularly did at Sparke Helmore for DVA, but it is inappropriate for you to do at the OAIC.

Ciao

Julie

OAIC - Legal, Office of the Australian Information Commissioner

4 Attachments

FOIREQ22/00211

 

Dear Julie,

 

Please find attached decision, schedule and documents in the above FOI
request.

 

Kind regards,

 

Llewellyn

 

[1]O A I C logo   Llewellyn Horgan | Graduate

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au

+61 2 9942 4234 |  [2][email address]

 

 

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. https://www.oaic.gov.au/
2. mailto:[email address]

Dear OAIC - Legal,

I request copy of records of all third party consultation the OAIC carried out for FOIREQ22/00211 and for copy of the Resolve report for FOIREQ22/00211.

Ciao

Julie

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Our reference: FOIREQ22/00374

 

Dear Julie

 

Freedom of Information request

 

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act).

You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 5 November 2022. This means that a decision on your
FOI request is currently due on 5 December 2022.

Scope of your request

Your FOI request was made in the following terms:

“I request copy of all records of all third party consultation the OAIC
carried out for for FOIREQ22/00211 and for copy of the Resolve report for
FOIREQ22/00211.”

 

In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.

We will not identify you as the FOI applicant during any consultation
process, unless we seek your permission. However, documents that are
within the scope of your request that we may need to consult third parties
about may contain your personal information.

Clarification on scope of request

Could you kindly advise on whether you agree to exclude information of
third party individuals and businesses from the scope of your request? It
would be much appreciated if you could provide a response by close of
business Thursday 10 November.

If we do not hear from you by this time we will proceed with processing
your request on the basis that you do not agree to this information being
excluded.

Timeframes for dealing with your request

Section 15 of the FOI Act requires the OAIC to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.

The current decision due date for your request is 5 December 2022.  We
will advise you if this timeframe is otherwise extended.

Disclosure Log

Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.

If you would like to discuss your FOI request, please contact me on my
contact details set out below.

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [2]oaic.gov.au

+61 2 9942 4296  |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter |   icon 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. https://www.oaic.gov.au/
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Our reference: FOIREQ22/00374

 

Dear Julie

I refer to your request made under the Freedom of Information Act 1982
(Cth) (FOI Act).

Your request was received by the Office of the Australian Information
Commissioner (OAIC) on 5 November 2022.

Your request includes documents which contain information concerning an
organisation’s business or professional affairs and third-party personal
information. Accordingly, the OAIC is required to consult with those
individuals and organisations under s 27 and/or s 27A of the FOI Act
before making a decision on the release of those documents.

For this reason, the period for processing your request has been extended
by 30 days to allow time for this consultation (see s 15(6) of the FOI
Act). This means that the processing period for your request will now end
on 4 January 2023.

The consultation mechanisms under ss 27 and 27A apply when we believe the
person or organisation concerned may wish to contend that the requested
documents are exempt for reasons of personal privacy and/or or may
adversely affect their business or financial affairs.

The FOI decision maker will consider any comments received as part of the
consultation process. However, the final decision about whether to grant
you access to the documents rests with the FOI decision maker.

In the event that the FOI decision maker makes a decision to release
material, despite objection from a consulted third party, that third party
has review rights available to them should they wish to contest such a
decision.

We will not identify you as the FOI applicant during any consultation
process. Please note that documents that are within the scope of your
request may contain your personal information or information that may
identify you.

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [2]oaic.gov.au

+61 2 9942 4296  |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter |   icon 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. https://www.oaic.gov.au/
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...

OAIC - Legal, Office of the Australian Information Commissioner

8 Attachments

OAIC ref: FOIREQ22/00374

 

Dear Julie

 

Please find attached decision, schedule and documents in relation to the
above FOI request.

 

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [2]oaic.gov.au

+61 2 9942 4296  |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter |   icon 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. https://www.oaic.gov.au/
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...