Dear Department of Defence,

Please provide an export from Sentinel which lists all MRH90 safety incidents that were/are notifiable to Comcare.

Yours faithfully,

James Smith

FOI Case Management, Department of Defence

OFFICIAL

Dear James

 

Acknowledgement

I refer to your correspondence of 19 September 2024 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:

 

Please provide an export from Sentinel which lists all MRH90 safety
incidents that were/are notifiable to Comcare.

 

Clarification of scope

The relevant Defence line area has undertaken a preliminary review of your
request and are seeking clarification regarding the documents you are
seeking access to.

 

It has been identified that in its current form, reasons of practical
refusal may exist in relation to your request and to process it would
result in a substantial and unreasonable diversion of resources. This is
because the sought material covers an undisclosed period of time,
therefore we ask that you provide a date range for documents.

 

It would assist in the management of your request if you could please
provide a response by 5:00pm 25 September 2024.

 

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 19 October 2024. 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.

 

Should you have any questions relating to your request, please do not
hesitate to contact the FOI team via email:
[1][email address].

 

Kind regards

 

Freedom of Information Team

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...

FOI Case Management, Department of Defence

OFFICIAL

Dear James

 

I refer to my correspondence dated 23 September 2024.

 

I would be grateful if you could please provide the clarification
requested as soon as possible or by 12:00pm Monday, 30 September 2024.

 

Kind regards

 

Freedom of Information Team

Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

 

[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.

 

 

From: FOI Case Management
Sent: Monday, 23 September 2024 8:11 PM
To: '[FOI #12065 email]'
<[FOI #12065 email]>
Subject: Defence FOI 222/24/25 - Acknowledgment, due date, disclaimer and
clarification of scope

 

OFFICIAL

Dear James

 

Acknowledgement

I refer to your correspondence of 19 September 2024 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:

 

Please provide an export from Sentinel which lists all MRH90 safety
incidents that were/are notifiable to Comcare.

 

Clarification of scope

The relevant Defence line area has undertaken a preliminary review of your
request and are seeking clarification regarding the documents you are
seeking access to.

 

It has been identified that in its current form, reasons of practical
refusal may exist in relation to your request and to process it would
result in a substantial and unreasonable diversion of resources. This is
because the sought material covers an undisclosed period of time,
therefore we ask that you provide a date range for documents.

 

It would assist in the management of your request if you could please
provide a response by 5:00pm 25 September 2024.

 

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 19 October 2024. 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.

 

Should you have any questions relating to your request, please do not
hesitate to contact the FOI team via email:
[2][email address].

 

Kind regards

 

Freedom of Information Team

Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

 

[3]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...
2. mailto:[email address]
3. https://www.defence.gov.au/about/accessi...

FOI Case Management, Department of Defence

1 Attachment

OFFICIAL

Dear James,

 

Please find attached a letter in relation to Defence FOI 222/24/25.

 

Kind regards,

 

Freedom of Information Team

Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

 

[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...

Dear FOI Case Management,

I don't intend on revising the request as you have not provided any information to substantiate your purported "practical refusal" and as such cannot reasonably hold the view that a practical refusal reason exists. The notice is considered invalid and ineffective on that basis.

For instance you have only said there are "many records". That is insufficient in terms of the tests under the Act and the guidance in the FOI Guidelines.

I understand that running an export list from Sentinel using a keyword search is not a very time consuming operation (perhaps no more than ten minutes). As the list is an export summary it would not contain detailed information that would require extensive review.

The ADF has a budget of $55bn. It is ludicrous to suggest running an export from Sentinel would substantially divert the ADF's resources.

Yours sincerely,

James Smith

FOI Case Management, Department of Defence

OFFICIAL

Dear James,

 

I refer to your Freedom of Information (FOI) request seeking access to the
following:

 

Please provide an export from Sentinel which lists all MRH90 safety
incidents that were/are notifiable to Comcare.

 

The current statutory deadline for you to receive a response to
your request is 21 October 2024.

 

We are continuing to process your request however, our office is seeking
your agreement to a 14-day extension of the statutory deadline under
section 15AA [extension with agreement] of the FOI Act, to ensure that we
have considered all aspects of your request, and to make a robust decision
on access.

 

Should you agree, the statutory deadline for you to receive a response to
your request will expire on 4 November 2024.

 

It would be much appreciated if you could confirm your agreement to this
extension of time via e-mail by 5:00pm 21 October 2024.

 

Should you have any questions regarding this matter please do not hesitate
to contact us.

 

Kind regards,

 

Freedom of Information Team

Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

 

[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...

OAIC - FOI DR,

4 Attachments

Our reference:           RQ24/04539

Agency reference:    FOI 222/24/25

Agency name              Department of Defence
By Email:                        [1][email address]

Name                              James Smith
By Email:                       
[2][FOI #12065 email]

Extension of time under s 15AB

Dear Parties,

Please find attached an extension of time decision relating to the above
referenced FOI request.

 

Regards,

[3][IMG]   Andriana DeIeso

Review Adviser

Office of the Australian Information Commissioner

Adelaide | GPO Box 5288 Sydney NSW 2001

E [4][email address]
 
I am available Monday to Wednesday; Tuesday and Wednesday alternate
weeks.  

 

Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[5]Information Commissioner reviews | OAIC
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.  

 

[6]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. mailto:[email address]
2. mailto:[FOI #12065 email]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/engage-with-us/n...

FOI Case Management, Department of Defence

1 Attachment

OFFICIAL

Dear James

 

Please find attached the Decision relating to Defence FOI 222/24/25.

 

Review Rights

If you disagree with the decision made by the Department of Defence or the
Minister under the Freedom of Information Act 1982 (the FOI Act), you can
ask for the decision to be reviewed.

 

You must apply in writing and should include a copy of the notice of the
decision provided and the points to which you are objecting and why. You
may apply directly to the Information Commissioner, within 60 days of
receiving your decision.

 

Further information about the external review process or how to make a
complaint to the Information Commissioner is available:

 

Online: [1]www.oaic.gov.au

Post: GPO Box 5218 Sydney NSW 2000

Email: [2][email address]

 

Regards

 

Freedom of Information Team

Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

 

[3]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. http://www.oaic.gov.au/
2. mailto:[email address]
3. https://www.defence.gov.au/about/accessi...

Dear FOI Case Management,

Referred to OAIC (WEB MR24/01868)

Yours sincerely,

James Smith