Request copy of Report for Examination Of Just Terms Legislation lead by David Russell SC

mj made this Government Information (Public Access) request to NSW Department of Finance, Services and Innovation

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

Dear Department of Finance, Services and Innovation - NSW,

Hi there I request a copy of the Report for Examination Of Just Terms Legislation lead by David Russell SC, which was commissioned in May 2012 and concluded in 2013. I have tried to access this report on many occasions but no-one has responded, if this report is being suppressed I would like to know detailed reasons why - and when it will be made available.

Yours faithfully,
mj

Dear Department of Finance, Services and Innovation - NSW,

I have previously requested a copy of the Report For Examination Of Just Terms Legislation lead by David Russell SC. I would like to respectfully remind you that I should have received your response by June 03, 2016.

I would like to request an internal review to find out why I have not yet had any feedback to my request, as I will then need to contact the Information Commissioner, Ombudsman or similar organisation to find out why this report is being suppressed.

Yours faithfully,

mj

GIPA-DFS, NSW Department of Finance, Services and Innovation

1 Attachment

Hi MJ

We are unsure what request you are referring to and whether we have made a previous formal decision for you on release of this report, which would be reviewable.

I looked up the right to know website and have come across the informal request made on May 6, https://www.righttoknow.org.au/request/r... , which did not reach our [email address] inbox. So I am unsure where this was sent in the Department.

In relation to the release of this report, I cannot release this informally as it currently falls within the category of documents under section 14(1) Government Information (Pubic Access) Act 2009 for which there is an overriding public interest against disclosure as it is described in Schedule 1, Part 2 (1) (b) 'a document prepared for the dominant purpose of its being submitted to Cabinet for Cabinet's consideration (whether or not the document is actually submitted to Cabinet).

I have also attached the link to our formal application form and information about how to make a formal access application if you would like us to make a reviewable decision under the Act. I have also attached an information sheet on your review rights if you do proceed with a formal application. However, I do note that we cannot release Cabinet documents, and this report and associated materials are currently classified as Cabinet documents.

https://www.finance.nsw.gov.au/sites/def...

Below are our contact details, and I encourage you to call if you would like assistance in making a valid application.

Kind regards,

Anne Harrison
Manager, Ministerial Services (GIPA/Privacy)

Ministerial Services  |  Department of Finance, Services and Innovation
GIPA HOTLINE 9618 8672
p 9732 7273 m 0455 067 202 
e [email address]  |  www.finance.nsw.gov.au

Please consider the environment before printing this email

-----Original Message-----
From: mj [mailto:[FOI #1919 email]]
Sent: Monday, 6 June 2016 11:29 AM
To: GIPA-DFS
Subject: Internal review of Government Information (Public Access) request - Request copy of Report for Examination Of Just Terms Legislation lead by David Russell SC

Dear Department of Finance, Services and Innovation - NSW,

I have previously requested a copy of the Report For Examination Of Just Terms Legislation lead by David Russell SC. I would like to respectfully remind you that I should have received your response by June 03, 2016.

I would like to request an internal review to find out why I have not yet had any feedback to my request, as I will then need to contact the Information Commissioner, Ombudsman or similar organisation to find out why this report is being suppressed.

Yours faithfully,

mj

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1919 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.

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This email message and any attached files is confidential and intended solely for the use of the individual or entity to whom it is addressed and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this email in error, delete all copies and notify the sender.

This email is subject to copyright. No part of it should be reproduced, published, communicated or adapted without the copyright owner's written consent. No employee or agent is authorised to conclude any binding agreement on behalf of the Department of Finance, Services and Innovation (DFSI) by email without express written confirmation.

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Dear Department of Finance, Services and Innovation - NSW,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Finance, Services and Innovation - NSW's handling of my FOI request 'Request copy of Report for Examination Of Just Terms Legislation lead by David Russell SC

I feel that I have been given the runaround and that as a member of the public I have a right to know the contents of the Report for Examination Of Just Terms Legislation led by David Russell SC as this was commissioned by our own NSW State Government which is supposed to serve the people of NSW, we have paid for this report and should be fully informed as to its findings, which were finalised in 2013 - three years ago!! What is the NSW Government trying to hide!!?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/r...

Yours faithfully,

mj

GIPA-DFS, NSW Department of Finance, Services and Innovation

Hi mj

I'll refer you to my previous email response to assist in replying to your email.

'In relation to the release of this report, I cannot release this informally as it currently falls within the category of documents under section 14(1) Government Information (Pubic Access) Act 2009 for which there is an overriding public interest against disclosure as it is described in Schedule 1, Part 2 (1) (b) 'a document prepared for the dominant purpose of its being submitted to Cabinet for Cabinet's consideration (whether or not the document is actually submitted to Cabinet).'

I have also included a link to our information pages on how to access government information to assist you in make an application for this information if you wish to proceed.
https://www.finance.nsw.gov.au/accessing...

Again, I reiterate I cannot release Cabinet documents, and this report and associated materials are currently classified as Cabinet documents.

Kind regards,

Anne Harrison
Manager, Ministerial Services (GIPA/Privacy)

Ministerial Services | Department of Finance, Services and Innovation
GIPA HOTLINE 9618 8672
e anne[email address].au | www.finance.nsw.gov.au

-----Original Message-----
From: mj [mailto:[FOI #1919 email]]
Sent: Friday, 17 June 2016 9:19 AM
To: GIPA-DFS
Subject: Internal review of Government Information (Public Access) request - Request copy of Report for Examination Of Just Terms Legislation lead by David Russell SC

Dear Department of Finance, Services and Innovation - NSW,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Finance, Services and Innovation - NSW's handling of my FOI request 'Request copy of Report for Examination Of Just Terms Legislation lead by David Russell SC

I feel that I have been given the runaround and that as a member of the public I have a right to know the contents of the Report for Examination Of Just Terms Legislation led by David Russell SC as this was commissioned by our own NSW State Government which is supposed to serve the people of NSW, we have paid for this report and should be fully informed as to its findings, which were finalised in 2013 - three years ago!! What is the NSW Government trying to hide!!?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/r...

Yours faithfully,

mj

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1919 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.

-------------------------------------------------------------------
**********************************************************************************
This email message and any attached files is confidential and intended solely for the use of the individual or entity to whom it is addressed and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this email in error, delete all copies and notify the sender.

This email is subject to copyright. No part of it should be reproduced, published, communicated or adapted without the copyright owner's written consent. No employee or agent is authorised to conclude any binding agreement on behalf of the Department of Finance, Services and Innovation (DFSI) by email without express written confirmation.

hide quoted sections

Locutus Sum left an annotation ()

To the applicant: You should not think that you have reached the end of the road. All the correspondence on this page is about an informal application that you made for the documents. Because it was an informal application, you do not have any right to have the decision reviewed.

If you make a formal application under the GIPA Act then you will also have review rights. To make a formal application, you must pay the agency the prescribed fee. Please to make a suggestion: have a look at this web page (https://www.finance.nsw.gov.au/accessing...) to see how you must make a formal application.