Rank of Assault Victim
Dear Department of Defence,
the information I am seeking is the rank of the person assaulted by the then Cpl Jacqui Lambie, now senator of Australia. Various reports state she was charged with assaulting a fellow solider during her career and reduced in rank as a result. I am only seeking the assaulted soldiers rank, I do not need any identifying information.
Yours faithfully,
Les Stockley
UNCLASSIFIED
Good morning
Thank you for your email. Your email has been forwarded for consideration/action.
Someone from our office will be in contact.
Kind regards
FOI Operations
[email address]
(02) 6266 2200
http://www.defence.gov.au/foi/
UNCLASSIFIED
Good afternoon Mr Stockley,
Thank you for your inquiry below, unfortunately it is not considered to
be a valid request under section 15(2)(b) of the FOI Act. Your request,
as it currently stands, seeks access to information as opposed to
documents.
If you are representing a media organisation, you may like to simply
refer your question to the media room.
Alternatively, if you would like to proceed with your request, I suggest
you re-submit a re-framed request which seeks access to a document.
While I have not had the benefit of viewing any relevant material and am
unable to provide you with a specific document title, I would suggest
that you seek access to an incident report or charge summary relating to
this matter.
Please feel free to contact me if you have any queries.
Kind regards
Theresa Stinson
Assistant Director - Media Case Management FOI Ministerial and Executive
Coordination & Communication Division
Building F065
Level 2-012
Gallipoli Barracks
ENOGGERA QLD 4051
Ph: (07) 3332 6359
Alternative email: [email address]
Website:http://www.defence.gov.au/foi/index.htm
Privacy Statement:http://www.defence.gov.au/FOI/privacy.asp
FOI Act: http://www.comlaw.gov.au/Details/C2014C0...
FOI Guidelines:
http://www.oaic.gov.au/freedom-of-inform...
uidelines/
Dear Stinson, Theresa MRS,
thanks for the prompt reply. To clarify my request, I request a copy of the charge summary for the assault committed by the then Cpl Jacqui Lambie, now senator of Australia.
Yours sincerely,
Les Stockley
UNCLASSIFIED
Thank you for clarifying your request, the request has now been
registered as FOI 231/14/15.
The due date for us to provide a response to your request will expire on
4 March 2015.
Should you have any queries about your request, please do not hesitate
to contact me.
Kind regards
Theresa Stinson
AD-MCM
FOI
MECC Division
Ph: (07) 3332 6359
UNCLASSIFIED
Good afternoon Mr Stockley,
Please find attached a preliminary assessment of charges letter relating
to FOI 231/14/15.
Kind regards
Theresa Stinson
Assistant Director - Media Case Management FOI
Ministerial and Executive Coordination & Communication Division
Building F065
Level 2-012
Gallipoli Barracks
ENOGGERA QLD 4051
Ph: (07) 3332 6359
Alternative email: [1][email address]
Website:[2]http://www.defence.gov.au/foi/index.htm
Privacy Statement:[3]http://www.defence.gov.au/FOI/privacy.asp
FOI Act: [4]http://www.comlaw.gov.au/Details/C2014C0...
FOI Guidelines:
[5]http://www.oaic.gov.au/freedom-of-inform...
IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.
References
Visible links
1. mailto:[email address]
2. http://www.defence.gov.au/foi/index.htm
3. http://www.defence.gov.au/FOI/privacy.asp
http://www.defence.gov.au/FOI/privacy.asp
4. http://www.comlaw.gov.au/Details/C2014C0...
5. http://www.oaic.gov.au/freedom-of-inform...
Dear Stinson, Theresa MRS,
Thank you for the reply, I agree to pay the charges for the FOI as outlined in the letter assessed as $3.95
I wish you to note that in the interests of privacy I do not need any identifying information of the assault victim other than their rank at the time of the assault.
Yours sincerely,
Les Stockley
UNCLASSIFIED
Dear Mr Stockley,
1. I refer to your FOI request relating to the charge
summary for an assault committed by ex CPL Lambie.
2. Thank you for you email of 7 February 2015 with your
agreement to proceed with your request. Accordingly, the charges have now
been formally imposed.
3. Your request was forwarded to Army
consideration. Colonel Stothart, Deputy Chief of Staff, Army Headquarters
has advised that your request covers documents which contain information
of a personal nature of a third party.
4. Colonel Stothart has determined that there is
requirement to consult the third party under section 27A of the FOI Act,
before making a decision on the release of the document.
5. Subsection 15(6) of the FOI Act provides for an
extension of 30 days to the statutory time limit for processing requests.
Therefore, the deadline for providing you with the decision on your
request is now 6 April 2015.
6. The FOI Act can be found at
[1]http://www.comlaw.gov.au/Details/C2014C0...
7. I would be grateful if you could confirm if the FOI
Directorate could disclose your identity as the applicant to the third
parties for the purpose of consultation. While you are under no obligation
to reveal your identity as the applicant and we will not disclose your
identity without consent, in our experience, third parties will generally
be more likely to object to the release of their information if they do
not know who the applicant is.
8. Should you have any questions relating to your
request, please do not hesitate to contact me.
Yours sincerely
Theresa Stinson
Assistant Director - Media Case Management FOI
Ministerial and Executive Coordination & Communication Division
Building F065
Level 2-012
Gallipoli Barracks
ENOGGERA QLD 4051
Ph: (07) 3332 6359
Alternative email: [2][email address]
Website:[3]http://www.defence.gov.au/foi/index.htm
Privacy Statement:[4]http://www.defence.gov.au/FOI/privacy.asp
FOI Act: [5]http://www.comlaw.gov.au/Details/C2014C0...
FOI Guidelines:
[6]http://www.oaic.gov.au/freedom-of-inform...
IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.
References
Visible links
1. http://www.comlaw.gov.au/Details/C2014C0...
file:///tmp/blocked::http:/www.comlaw.gov.au/Details/C2014C006737
2. mailto:[email address]
3. http://www.defence.gov.au/foi/index.htm
4. http://www.defence.gov.au/FOI/privacy.asp
http://www.defence.gov.au/FOI/privacy.asp
5. http://www.comlaw.gov.au/Details/C2014C0...
6. http://www.oaic.gov.au/freedom-of-inform...
Dear Stinson, Theresa MRS,
I have no problem with disclosing my name to the third party involved.
Yours sincerely,
Les Stockley
Dear Stinson, Theresa MRS,
I have problem with my details being disclosed to the third party
Yours sincerely,
Les Stockley
UNCLASSIFIED
Good morning Mr Stockley,
I note that the consultation process is well under way, and as per your email dated 20 February 2015 (attached) your identity has been made known to the third party.
Kind regards
Theresa Stinson
AD-MCM
FOI
MECC Division
Ph: (07) 3332 6359
UNCLASSIFIED
Good afternoon Mr Stockley,
Please find attached the decision letter relating to FOI 231/14/15. Also
attached are the Enclosures as listed.
Kind regards
Theresa Stinson
Assistant Director - Media Case Management FOI
Ministerial and Executive Coordination & Communication Division
Building F065
Level 2-012
Gallipoli Barracks
ENOGGERA QLD 4051
Ph: (07) 3332 6359
Alternative email: [1][email address]
Website:[2]http://www.defence.gov.au/foi/index.htm
Privacy Statement:[3]http://www.defence.gov.au/FOI/privacy.asp
FOI Act: [4]http://www.comlaw.gov.au/Details/C2015C0...
FOI Guidelines:
[5]http://www.oaic.gov.au/freedom-of-inform...
IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.
References
Visible links
1. mailto:[email address]
2. http://www.defence.gov.au/foi/index.htm
3. http://www.defence.gov.au/FOI/privacy.asp
http://www.defence.gov.au/FOI/privacy.asp
4. http://www.comlaw.gov.au/Details/C2015C0...
5. http://www.oaic.gov.au/freedom-of-inform...
Mark R. Diamond left an annotation ()
@Les Stockley : I know that even relatively small charges can be onerous in some circumstances. They can also be onerous if one is making many requests ... the charges can easily add up to something considerable.
On the off-chance that you have been considering withdrawing this request because of the charge, please do not do so. If you let me know (by an annotation here) then I will pay the charge.
There have been a few instances where interesting requests have been withdrawn (e.g. the request regarding dress code, https://www.righttoknow.org.au/request/s... ) where I, or others might have considered covering the costs. After a comprehensive loss in the AAT ( http://www.austlii.edu.au/au/cases/cth/A... ) the opportunity for a gain elsewhere looks appealing!