Rank of Assault Victim

Les Stockley made this Freedom of Information request to Department of Defence

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

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

FOI, Department of Defence

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/

-----Original Message-----
From: Les Stockley [mailto:[FOI #890 email]]
Sent: Wednesday, 28 January 2015 02:28
To: FOI requests at Defence
Subject: Freedom of Information request - 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

-------------------------------------------------------------------

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[FOI #890 email]

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Write your response as plain text. Only send PDF documents as a last resort. Government guidelines make it clear that PDF is not an acceptable format for you to use in the delivery of government information.
https://www.righttoknow.org.au/help/offi...

The Freedom of Information Commissioner has recommended that agencies accept requests from Right to Know as valid for the purpose of s.15(2)(c) of the Freedom of Information Act. See https://www.righttoknow.org.au/assets/OA... for details of the OAIC decision.

Disclaimer: This message and any reply that you make will be automatically published on the internet. Our privacy and copyright policies:
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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.

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Stinson, Theresa MRS, Department of Defence

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/

-----Original Message-----
From: Les Stockley [mailto:[FOI #890 email]]
Sent: Wednesday, 28 January 2015 01:28
To: FOI requests at Defence
Subject: Freedom of Information request - 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

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #890 email]

Is [Defence request email] the wrong address for Freedom of
Information requests to Department of Defence? If so, please contact us
using this form:
https://www.righttoknow.org.au/change_re...

Write your response as plain text. Only send PDF documents as a last
resort. Government guidelines make it clear that PDF is not an
acceptable format for you to use in the delivery of government
information.
https://www.righttoknow.org.au/help/offi...

The Freedom of Information Commissioner has recommended that agencies
accept requests from Right to Know as valid for the purpose of
s.15(2)(c) of the Freedom of Information Act. See
https://www.righttoknow.org.au/assets/OA... for details of the
OAIC decision.

Disclaimer: This message and any reply that you make will be
automatically published on the internet. Our privacy and copyright
policies:
https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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.

hide quoted sections

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

Stinson, Theresa MRS, Department of Defence

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

-----Original Message-----
From: Les Stockley [mailto:[FOI #890 email]]
Sent: Sunday, 1 February 2015 12:08
To: Stinson, Theresa MRS
Subject: RE: Freedom of Information request - Rank of Assault Victim
[SEC=UNCLASSIFIED]

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

-----Original Message-----

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/

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #890 email]

Write your response as plain text. Only send PDF documents as a last
resort. Government guidelines make it clear that PDF is not an
acceptable format for you to use in the delivery of government
information.
https://www.righttoknow.org.au/help/offi...

The Freedom of Information Commissioner has recommended that agencies
accept requests from Right to Know as valid for the purpose of
s.15(2)(c) of the Freedom of Information Act. See
https://www.righttoknow.org.au/assets/OA... for details of the
OAIC decision.

Disclaimer: This message and any reply that you make will be
automatically published on the internet. Our privacy and copyright
policies:
https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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.

hide quoted sections

Stinson, Theresa MRS, Department of Defence

1 Attachment

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...

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!

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

Stinson, Theresa MRS, Department of Defence

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

Stinson, Theresa MRS, Department of Defence

1 Attachment

  • Attachment

    Re FOI 231 14 15 Third party consultation notification SEC UNCLASSIFIED.txt

    4K Download View as HTML

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

-----Original Message-----
From: Les Stockley [mailto:[FOI #890 email]]
Sent: Thursday, 12 March 2015 00:44
To: Stinson, Theresa MRS
Subject: Re: FOI 231/14/15 - Third party consultation notification [SEC=UNCLASSIFIED]

Dear Stinson, Theresa MRS,

I have problem with my details being disclosed to the third party

Yours sincerely,

Les Stockley

-----Original Message-----

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...

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #890 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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.

hide quoted sections

Stinson, Theresa MRS, Department of Defence

3 Attachments

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...