Dear Office of the Special Investigator,

Please could you provide copies of the following documents:
1. Materials released under application FOI 24/09
2. Audit report dated December 2021 authored by "Synergy"
3. Paper titled THE INVESTIGATION INTO ALLEGED WAR CRIMES IN AFGHANISTAN - SOME LEGAL ISSUES by The Hon Mark Weinberg AO QC

Yours faithfully,

James Smith

OSI FOI and Privacy, Office of the Special Investigator

2 Attachments

Dear Mr Smith

 

Please find attached the documents released by the Office of the Special
Investigator in response to Freedom of Information (FOI) request FOI24/09.

 

In relation to your request for a “Paper titled THE INVESTIGATION INTO
ALLEGED WAR CRIMES IN AFGHANISTAN - SOME LEGAL ISSUES by The Hon Mark
Weinberg AO QC” and “Audit report dated December 2021 authored by
"Synergy"”, we will separately consider your request and will contact you
again to either provide a formal acknowledgement or advise if any further
information is required.

 

Kind regards

 

Sarah

Information Access and Records Manager

Office of the Special Investigator

E: [1][OSI request email]

[2]cid:image007.jpg@01D70603.F616B1F0 

 

-----Original Message-----
From: James Smith <[FOI #11648 email]>
Sent: Monday, 8 July 2024 12:20 PM
To: OSI FOI and Privacy <[OSI request email]>
Subject: CM: Freedom of Information request - OSI - FOI Known Materials

 

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Dear Office of the Special Investigator,

 

Please could you provide copies of the following documents:

1. Materials released under application FOI 24/09 2. Audit report dated
December 2021 authored by "Synergy"

3. Paper titled THE INVESTIGATION INTO ALLEGED WAR CRIMES IN AFGHANISTAN -
SOME LEGAL ISSUES by The Hon Mark Weinberg AO QC

 

Yours faithfully,

 

James Smith

 

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OSI FOI and Privacy, Office of the Special Investigator

1 Attachment

OFFICIAL

 

Dear Mr Smith

 

Freedom of Information Request FOI24/13

 

I refer to your correspondence of 8 July 2024 requesting access to the
following documents under the Freedom of Information Act 1982 (FOI Act):

 

 1. A paper titled: “The investigation into alleged war crimes in
Afghanistan - Some legal issues” by The Hon Mark Weinberg AO QC
 2. An audit report dated December 2021 authored by "Synergy".

 

The Office of the Special Investigator (OSI) received your request on 8
July 2024 and the period for processing your request commenced the day
after that date. Please be advised that the initial 30-day period for
processing you request has been extended by a further 30 calendar days –
the reason for this extension is provided below. If the due date for a
request falls on a Saturday, Sunday or a public holiday, the timeframe
ends the next business day. This means you can expect a decision from us
by 9 September 2024.

 

Please note that when we process a request we usually:

o Release the names of senior officers and publicly available contact
information.
o Delete personal information of junior officers of the OSI and other
government authorities (e.g. names, direct telephone numbers, flexible
working and leave arrangement information).
o Exclude duplicates and incomplete email chains within the scope of the
FOI request.
o Publish any documents we release in response to an FOI request to our
[1]Disclosure Log, unless there is an exception (eg personal
information).

 

Why has the timeframe for processing the request been extended?

A document caught by your request includes information relating to other
entities (third parties), and it appears that the third parties might have
concerns about release of their information. Because of this, the OSI
needs need to contact the third parties so they can tell the OSI about any
concerns they might have before a final decision is made – This is called
a consultation and is a requirement under s 27 of the FOI Act.

 

Please contact me by email to [2][OSI request email] if you have any
questions.

 

Kind regards

 

Sarah

Information Access and Records Manager

Office of the Special Investigator

E: [3][OSI request email]

[4]cid:image007.jpg@01D70603.F616B1F0

OFFICIAL

If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

References

Visible links
1. https://www.osi.gov.au/about-us/corporat...
2. mailto:[OSI request email]
3. mailto:[OSI request email]

OSI FOI and Privacy, Office of the Special Investigator

1 Attachment

OFFICIAL

Dear Mr Smith

 

Freedom of Information Request FOI24/13

 

I refer to your request for access to the following documents under the
Freedom of Information Act 1982 (FOI Act):

 

 1. A paper titled: “The investigation into alleged war crimes in
Afghanistan - Some legal issues” by The Hon Mark Weinberg AO QC
 2. An audit report dated December 2021 authored by "Synergy".

 

Your request is currently due on 9 September 2024

 

Request for more time

We are asking you to agree to give the OSI an extra 10 calendar days to
process your request. If you agree to this happening, the due date for
your request will be 19 September 2024. However, we will work to process
and finalise your request as soon as we can.

 

What you need to do

Tell us by reply email on or before 9 September 2024 if you agree to give
the OSI an extra 10 calendar days to process your request.

 

If you agree, we will tell the Office of the Australian Information
Commissioner (OAIC) you have agreed to give us extra time (we must do this
under the FOI Act).

 

Why are we asking you for extra time?

We are asking you for more time to process your request because:

o there is one remaining third party consultation to finalise.
Consultation for this request has taken longer than expected due to
competing priorities and staffing resources available for FOI
requests.
o we also need extra time to consider the consultation responses in
order to finalise and provide a decision on your request.

 

What does the FOI Act say?

Under s 15AA of the FOI Act, the processing period for a request may be
extended by a further period of not more than 30 calendar days if:

o the FOI applicant (you) agrees to the extension in writing before the
expiration of the statutory processing period, and if you agree
o the agency (the OSI) notifies the Office of the Australian Information
Commissioner (OAIC) that you have agreed to an extension to the
processing period.

 

Please contact me by reply email if you have any questions.

 

Kind regards

 

Sarah

Information Access and Records Manager

Office of the Special Investigator

[1]cid:image007.jpg@01D70603.F616B1F0 

OFFICIAL

If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

References

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OAIC - FOI DR,

4 Attachments

Our reference:           RQ24/03770

Agency reference:    FOI24/13

Agency name              Office of the Special Investigator
By Email:                        [OSI request email]

Name                              Mr James Smith
By Email:                       
[FOI #11648 email]

Extension of time under s 15AC

Dear Parties,

Please find attached an extension of time decision relating to the above
referenced FOI request.

 

Regards,

[1][IMG]   Andriana DeIeso

Review Adviser

Office of the Australian Information Commissioner

Adelaide | GPO Box 5288 Sydney NSW 2001

E [2][email address]
 
I am available Monday to Wednesday; Tuesday and Wednesday alternate
weeks.  

 

Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[3]Information Commissioner reviews | OAIC
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.  

 

[4]Subscribe to Information Matters

 

 

 

 

 

 

 

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OSI FOI and Privacy, Office of the Special Investigator

3 Attachments

OFFICIAL

 

Dear Mr Smith

 

Freedom of Information Request FOI24/13

 

I am writing to tell you that the OSI has made a decision on this Freedom
of Information (FOI) request.

 

Please find attached the decision letter which includes:

o The decision-maker’s reasons
o The schedule of documents
o Information about your rights if you are unhappy with the decision
o The documents released.

 

Please contact me by email to [1][OSI request email] if you have any
questions.

 

Kind regards

 

Sarah

Information Access and Records Manager

Office of the Special Investigator

E: [2][OSI request email]

[3]cid:image007.jpg@01D70603.F616B1F0 

 

OFFICIAL

If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

References

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2. mailto:[OSI request email]