Request for review of deemed refusal and complaint about Dept of Defence
Dear Office of the Australian Information Commissioner,
I am writing to:
1. Seek a review of a deemed refusal by the Department of Defence to my FOI lodged on 12 October 2022. A full copy of all communication between myself and the Department of Defence is available at
https://www.righttoknow.org.au/request/q...
2. In addition, I also wish to make a complaint about the Department of Defence's conduct in processing this request. The request is for a very limited number of documents which have been specifically identified. The nature of the documents are such that they are documents which are routinely requested and provided, subject to necessary redactions, by agencies under FOI. There is no reasonable basis for the Department to not have been able to process such a limited request within the statutory timeframe, or indeed within the extended timeframe provided. The Department has refused to provide any update on timing for when a decision will be made in relation to the request or to respond to any requests for confirmation of when documents will be released. The Department has deliberately breached its statutory obligation and has made no attempt to mitigate this. It is of fundamental concern if the Department is unable to process a request like this within the statutory timeframe required - or at the least within 60 days (which would amount to a 30 day extension). Noting the confined nature of the request if the Department is unable to process such a request then it appears that there is a significant issue with resourcing within the department (ie the department has chosen not to provide resourcing to FOI to enable FOIs to be processed).
Yours faithfully,
BE
Our reference: MR23/00024
Agency Reference: FOI 197/22/23
By email: [1][FOI #9703 email]
Receipt of your IC review application
Dear BE,
Thank you for your application for Information Commissioner Review (IC
review).
The Office of the Australian Information Commissioner (OAIC) is
considering your application.
If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [2][email address] and quote MR23/00024.
Kind regards,
Jennifer Zhou
[3][IMG] Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[4]oaic.gov.au
1300 363 992 [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] | [9]Subscribe to OAICnet newsletter
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
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References
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Our reference: MR23/00024
Agency reference: FOI 197/22/23
BE
By email: [1][FOI #9703 email]
Your IC review application about the Department of Defence
Dear BE
I refer to your application for IC review of a decision the Department of
Defence (the Department) was deemed to have refused. I note that you have
also made a complaint about the Department’s handling of your IC review.
We will write to you separately about your complaint.
On 22 December 2022, the Department made a revised decision to give you
partial access to 8 documents.
Can you please notify us by 30 June 2023, if you now wish to:
* Withdraw the IC review application, or
* Proceed with the IC review application.
Should you wish to proceed with the IC review application, please provide
the following information by 30 June 2023:
1. identify the aspect(s) of the agency or Minister’s decision about
which the review is sought
1. state why you disagree with the agency or Minister’s decision
1. identify which documents you consider have been wrongly refused or
which exemptions have been incorrectly applied
Intention to decline to continue IC review
Please note that the Commissioner’s written [2]direction to IC review
applicants provides that:
* where an applicant wishes to proceed with a review of a substantive
[or revised] decision they must explain why they disagree with the
decision and the basis on which they wish to proceed with the IC
review [1.33], and
* applicants must respond to enquiries from the OAIC within the period
provided unless there are circumstances warranting a longer period to
respond [1.22].
Section 54W(c) of the FOI Act provides that the Information Commissioner
may decide not to undertake, or continue to undertake, an IC review where
an applicant fails to comply with a direction of the Information
Commissioner.
Should we not receive a response from you to this email by 30 June 2023,
your IC review application will be finalised by a delegate of the
Information Commissioner under s 54W(c).
If you have any questions regarding this email, please contact us via
email at [3][email address]. Please quote the OAIC reference number at
the top of this email in all correspondence.
Kind regards
Carl English
Intake and Early Resolution Team
[4][IMG] Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001 | [5]oaic.gov.au
1300 363 992 | [6][email address]
[7][IMG] | [8][IMG] | [9][IMG] |
Our reference: MR23/00024
Agency reference: FOI 197/22/23
BE
By email: [1][FOI #9703 email]
Your IC review application about the Department of Defence
Dear BE
I refer to your application for IC review of a decision the Department of
Defence (the Department) was deemed to have refused and our correspondence
of 16 June 2023 below.
On 16 June 2023, I wrote to you noting that the Department made a revised
decision to give you partial access to 8 documents and asked you to notify
us by 30 June 2023, if you still wished to proceed with the IC review.
Based on the information available to the OAIC, we have not received a
response from you.
Can you please notify us by 31 August 2023, if you now wish to:
* Withdraw the IC review application, or
* Proceed with the IC review application.
Should you wish to proceed with the IC review application, please provide
the following information by 31 August 2023:
1. identify the aspect(s) of the agency or Minister’s decision about
which the review is sought
2. state why you disagree with the agency or Minister’s decision
3. identify which documents you consider have been wrongly refused or
which exemptions have been incorrectly applied
Intention to decline to continue IC review
Please note that the Commissioner’s written [2]direction to IC review
applicants provides that:
* where an applicant wishes to proceed with a review of a substantive
[or revised] decision they must explain why they disagree with the
decision and the basis on which they wish to proceed with the IC
review [1.33], and
* applicants must respond to enquiries from the OAIC within the period
provided unless there are circumstances warranting a longer period to
respond [1.22].
Section 54W(c) of the FOI Act provides that the Information Commissioner
may decide not to undertake, or continue to undertake, an IC review where
an applicant fails to comply with a direction of the Information
Commissioner.
Should we not receive a response from you to this email by 31 August
2023, your IC review application will be finalised by a delegate of the
Information Commissioner under s 54W(c).
If you have any questions regarding this email, please contact us via
email at [3][email address]. Please quote the OAIC reference number at
the top of this email in all correspondence.
Kind regards
Carl English
Intake and Early Resolution Team
[4][IMG] Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001 | [5]oaic.gov.au
1300 363 992 | [6][email address]
[7][IMG] | [8][IMG] | [9][IMG] |
_____________________________________________
From: OAIC - FOI DR
Sent: Friday, June 16, 2023 9:45 AM
To: BE <[FOI #9703 email]>
Subject: RE: Freedom of Information request - Request for review of deemed
refusal and complaint about Dept of Defence
Our reference: MR23/00024
Agency reference: FOI 197/22/23
BE
By email: [10][FOI #9703 email]
Your IC review application about the Department of Defence
Dear BE
I refer to your application for IC review of a decision the Department of
Defence (the Department) was deemed to have refused. I note that you have
also made a complaint about the Department’s handling of your IC review.
We will write to you separately about your complaint.
On 22 December 2022, the Department made a revised decision to give you
partial access to 8 documents.
Can you please notify us by 30 June 2023, if you now wish to:
* Withdraw the IC review application, or
* Proceed with the IC review application.
Should you wish to proceed with the IC review application, please provide
the following information by 30 June 2023:
1. identify the aspect(s) of the agency or Minister’s decision about
which the review is sought
2. state why you disagree with the agency or Minister’s decision
2. identify which documents you consider have been wrongly refused or
which exemptions have been incorrectly applied
Intention to decline to continue IC review
Please note that the Commissioner’s written [11]direction to IC review
applicants provides that:
* where an applicant wishes to proceed with a review of a substantive
[or revised] decision they must explain why they disagree with the
decision and the basis on which they wish to proceed with the IC
review [1.33], and
* applicants must respond to enquiries from the OAIC within the period
provided unless there are circumstances warranting a longer period to
respond [1.22].
Section 54W(c) of the FOI Act provides that the Information Commissioner
may decide not to undertake, or continue to undertake, an IC review where
an applicant fails to comply with a direction of the Information
Commissioner.
Should we not receive a response from you to this email by 30 June 2023,
your IC review application will be finalised by a delegate of the
Information Commissioner under s 54W(c).
If you have any questions regarding this email, please contact us via
email at [12][email address]. Please quote the OAIC reference number at
the top of this email in all correspondence.
Kind regards
Carl English
Intake and Early Resolution Team
[13][IMG] Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001 | [14]oaic.gov.au
1300 363 992 | [15][email address]
[16][IMG] | [17][IMG] | [18][IMG] |
Dear OAIC - FOI DR,
I confirm I am happy to withdraw my request for review. Whilst I am still concerned about some minor aspects of the decision, taking into account the resource constraints on OAIC's FOI review team I do not think it warrants further work by OAIC for the review.
I note my complaint about conduct remains.
Yours sincerely,
BE
Our reference: MR23/00024
Agency reference: FOI 197/22/23
Acknowledgement of request for IC review withdrawal
By email to: [FOI #9703 email]
Dear BE
Thank you for your response.
This matter is now considered withdrawn under s 54R of the Freedom of Information Act 1982 (Cth).
Section 54R(2) states that if an IC review application is withdrawn, it is taken never to have been made.
The matter is now closed.
Kind regards
Hannah
Freedom of Information Branch
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001 | oaic.gov.au
1300 363 992 | [email address]
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OAIC reference: CP23/01863
Agency reference: FOI 197/22/23
Dear Parties
Please find attached a decision to decline to investigate a complaint made
by BE about the Department of Defence under s 73 under the Freedom of
Information Act 1982.
We apologise for the delay in finalising this complaint and confirm that
processes have been revised to elevate timeliness in the finalisation of
complaints under the FOI Act.
Kind Regards, Jennifer
[1][IMG] Jennifer Salter (she/her)
Assistant Director
FOI Reviews and Investigations
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
Email: [2][email address]
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.
[3]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. https://www.oaic.gov.au/
2. mailto:[email address]
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