OAIC findings against PM&C
Dear Office of the Australian Information Commissioner,
I note the Guardian newspaper recently reported, on 17 November 2021, on contraventions of the FOI Act engaged in by the Department of the Prime Minister and Cabinet here:
https://www.theguardian.com/australia-ne...
Under the FOI Act, I seek a copy of any document contained within the OAIC email accounts of Angelene Falk and/or Elizabeth Hampton that relates or refers to the above article.
Thank you
Ms D Forker
Our reference: FOIREQ21/00277
Dear Ms D Forker
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 27 November 2021.
Scope of your request
In your email you seek access to the following:
“I note the Guardian newspaper recently reported, on 17 November 2021, on
contraventions of the FOI Act engaged in by the Department of the Prime
Minister and Cabinet here:
[1]https://aus01.safelinks.protection.outlo...
Under the FOI Act, I seek a copy of any document contained within the OAIC
email accounts of Angelene Falk and/or Elizabeth Hampton that relates or
refers to the above article..”
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. 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 27 November 2021, we must process your
request by 29 December 2021.
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 this matter please contact me on my contact
details set out below.
Regards
[2][IMG] Elena Elagina | Lawyer
Legal Services
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[3]oaic.gov.au
[4]1300 363 992| [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] | [9]Subscribe to Information
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Dear Ms D Forker
Freedom of Information request no. FOIREQ21/00277
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 27 November 2021.
I requested searches for documents you are seeking access to and the
relevant line area provided me with documents potentially within the scope
of your request. While reviewing the documents which fall within scope of
your request, I have identified documents which contain information of
third-party individuals.
Because your request covers documents which contain information concerning
an organisation’s business or professional affairs or personal
information, the OAIC is required to consult the individuals and
organisations under ss 27 and 27A of the FOI Act before making a decision
on release of the documents.
In this case, the material contains personal information, and accordingly,
under s 27A(3) of the FOI Act, the OAIC must not decide to give access to
the document unless the person concerned is given a reasonably opportunity
to make submissions in support of the exemption contention, and the OAIC
has regard to any submissions so made. In making my decision to undertake
consultation with that person, and whether that person concerned might
reasonably wish to make an exemption contention because of personal
information, I have had regard to the following matters in accordance with
s 27A(2) of the FOI Act:
a. The extent to which the information is well known;
b. Whether the person to whom the information relates is known to be (or
have been) associated with the matters dealt with in the information;
c. The availability of the information from publicly accessible sources;
d. Any other matters that the OAIC considers relevant.
For the above reasons, 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).
Your request is now due on 28 January 2022.
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, or adverse effect to
their business or financial affairs. We will consider any comments we
receive, however the final decision about whether to grant you access to
the documents you requested rests with the OAIC.
We will not identify you as the FOI applicant during any consultation
process. However, documents that are within the scope of your request that
we need to consult third parties about, may contain your personal
information.
If you have any questions, please do not hesitate to contact me on my
details below.
Kind regards
Emma.
[1]O A I C logo Emma Liddle | Acting Assistant
Commissioner, Corporate
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
oaic.gov.au
+61 2 9284 9717 | +61 438 646
140 |
[2][email address]
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Our reference: FOIREQ21/00277
Dear Ms D Forker,
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 27 November 2021.
Please find attached:
o Notice of decision
o Documents
o Schedule of documents
Due to the size of the documents, I have split the documents into five
parts. This email encloses Part 1 of 5.
Yours sincerely
[1][IMG] Nora Truong | Paralegal
Legal Services
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | [2]oaic.gov.au
+61 2 9284 9707 | [3][email address]
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
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References
Visible links
1. https://www.oaic.gov.au/
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
Our reference: FOIREQ21/00277
Dear Ms D Forker,
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 27 November 2021.
Due to the size of the documents, I have split the documents into five
parts. This email encloses Part 2 of 5.
Yours sincerely
[1][IMG] Nora Truong | Paralegal
Legal Services
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | [2]oaic.gov.au
+61 2 9284 9707 | [3][email address]
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
References
Visible links
1. https://www.oaic.gov.au/
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
Dear Ms D Forker,
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 27 November 2021.
Due to the size of the documents, I have split the documents into five
parts. This email encloses Part 3 of 5.
Yours sincerely
[1][IMG] Nora Truong | Paralegal
Legal Services
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | [2]oaic.gov.au
+61 2 9284 9707 | [3][email address]
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
References
Visible links
1. https://www.oaic.gov.au/
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
Our reference: FOIREQ21/00277
Dear Ms D Forker,
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 27 November 2021.
Due to the size of the documents, I have split the documents into five
parts. This email encloses Part 4 of 5.
Yours sincerely
[1][IMG] Nora Truong | Paralegal
Legal Services
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | [2]oaic.gov.au
+61 2 9284 9707 | [3][email address]
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
References
Visible links
1. https://www.oaic.gov.au/
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
Our reference: FOIREQ21/00277
Dear Ms D Forker,
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 27 November 2021.
Due to the size of the documents, I have split the documents into five
parts. This email encloses Part 5 of 5.
Yours sincerely
[1][IMG] Nora Truong | Paralegal
Legal Services
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | [2]oaic.gov.au
+61 2 9284 9707 | [3][email address]
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
References
Visible links
1. https://www.oaic.gov.au/
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]