OFFICIAL

Dear Mr Smithius

Acknowledgement

I refer to your correspondence of 30 October 2023 seeking access to
documents held by the Department of Defence (Defence), under the Freedom
of Information Act 1982 (FOI Act). This email is to advise you that your
request has been received and allocated for Case Management.

The scope of your request is:

Copies of the scope of work documents relating to the contracts listed
below with supplier "Raging Digital". Please note that I am not requesting
the contract document or any commercial terms, but only what is typically
referred to as the scope of work (or sometimes the specification or
requirements).

CN ID:CN3873793

CN ID:CN3815577

CN ID:CN3789321

CN ID:CN3703681 and amendment

CN ID:CN3758846

CN ID:CN3710954

CN ID:CN3706259

CN ID:CN3633667 and amendment A1

CN ID:CN3626633 and amendment A1

CN ID:CN3498031 and amendments A1 and A2

CN ID:CN3500996

Disclaimer

Where staff details are captured in documents within the scope of your FOI
request, this information will be redacted; this includes private email
addresses, signatures, personnel (PMKeyS) numbers and mobile telephone
numbers, unless you specifically request such details. Defence excludes
duplicates of documents and any documents sent to or from you.
Furthermore, Defence only considers final versions of documents.

Charges

Defence may impose a charge for the work involved in providing access to
the documents in accordance with the Freedom of Information (Charges)
Regulations 2019. We will notify you if your request attracts a charge.
Please note that there is no charge for documents that contain the
personal information of the applicant.

Timeframe

The statutory timeframe to provide you with a decision on your request
ends on 29 November 2023. This period may be extended if we need to
consult with third parties, or for other reasons. We will advise you if
this happens.

Please note that where the due date falls on a Saturday, Sunday or public
holiday, the timeframe will expire on the next working day. This is in
accordance with the FOI Guidelines issued by the Office of the Australian
Information Commissioner under section 93A of the FOI Act.

Disclosure Log

Documents released under the FOI Act may be published on Defence’s
disclosure log, located on our website.

Contact Details

We will contact you via the email address you have provided. Please advise
if you would prefer us to use an alternative means of contact.

I am the Case Manager for this request. Should you have any questions
relating to your request, please do not hesitate to contact me via email:
[1][email address].

Kind regards

Nicole

FOI Case Manager

Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

[2]Freedom of information requests | About | Defence

IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.

References

Visible links
1. mailto:[email address]
2. https://www.defence.gov.au/about/accessi...

OFFICIAL

Dear John,

I am writing in relation to your request for documents under the Freedom
of Information Act 1982 (FOI Act) for the following:

… copies of the scope of work documents relating to the contracts listed
below with supplier "Raging Digital". Please note that I am not requesting
the contract document or any commercial terms, but only what is typically
referred to as the scope of work (or sometimes the specification or
requirements).

    CN ID:CN3873793
    CN ID:CN3815577
    CN ID:CN3789321
    CN ID:CN3703681 and amendment-A1
    CN ID:CN3758846
    CN ID:CN3710954
    CN ID:CN3706259
    CN ID:CN3633667 and amendment A1
    CN ID:CN3626633 and amendment A1
    CN ID:CN3498031 and amendments A1 and A2
    CN ID:CN3500996

The current statutory deadline for you to receive a response to your
Defence FOI request is 29 November 2023.

Due to the processing demands associated with your request our office is
seeking your agreement to a 30-day extension of the statutory deadline
under section 15AA [extension with agreement] of the FOI Act. This is
required so that we may sufficiently consider all information relevant to
the scope of your request which includes consulting with multiple line
areas within the Department, to ensure a robust decision on access is
made. We will endeavour to process your request as soon as we can.

Should you agree, the statutory deadline for you to receive a response to
your request will expire on 29 December 2023.

It would be much appreciated if you could confirm your agreement to this
extension of time via e-mail by 5:00pm 28 November 2023.

If you have any questions regarding this matter please do not hesitate to
contact me.

Kind regards,

Ryan

Freedom of Information
Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

Tel: 02 5108 8851

[1]Freedom of information requests | About | Defence

IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.

References

Visible links
1. https://www.defence.gov.au/about/accessi...

OFFICIAL
Dear Mr Smithius,

Thank you for your email below requesting an internal review of your freedom of information request (reference: FOI 392/23/24).

The Freedom of Information Act 1982 (FOI Act) only allows a Department to conduct an internal review where the original decision is made within the legislative time period, including any extensions of time agreed to in accordance with the FOI Act. Once the legislative time period for the Department to provide a decision has passed, it becomes a 'deemed decision', in accordance with section 15A(c) of the FOI Act. The Department is unable to conduct an internal review once a decision becomes a deemed decision (in accordance with section 54E of the FOI Act). As such, these deemed decisions can only be reviewed externally by the Office of the Australian Information Commissioner (OAIC).

In your case, you agreed to an extension of time until 29 December 2023 to allow the Department to process your request. When the Department was not able to provide its decision to you on this date, the decision became a deemed decision. As such, the FOI Act does not allow the Department to conduct an internal review of this decision.

The alternate option available to you is to apply for external review directly to the OAIC by following this link: https://www.oaic.gov.au/freedom-of-infor...

I have also attached further information about your rights of review.

I trust this information will be of assistance to you.

FOI Review Team
Media and Information Disclosure Branch Ministerial & Executive Coordination and Communication Division
Department of Defence
PO Box 7910 Canberra BC ACT 2610

.............................................................................................................................................................................................................................................................................................................................................

Email: [email address]
http://www.defence.gov.au/FOI/privacy.asp
From: John B Smithius <[FOI #10813 email]>
Sent: Tuesday, 23 January 2024 2:04 PM
To: FOI requests at Defence <[Defence request email]>
Subject: 20240123 14:04 - Email - John B Smithius/FOI requests at Defence - Internal review of Freedom of Information request - Scopes of Work for Specified Contracts with Raging Digital

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Dear Department of Defence,

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

I am writing to request an internal review of Department of Defence's handling of my FOI request 'Scopes of Work for Specified Contracts with Raging Digital'.
The amount of time as specified in legislation has been exceeded.

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

Yours faithfully,

John B Smithius

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[FOI #10813 email]

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