OFFICIAL

Dear Mr Smith

Thank you for your email dated 28 November 2024 seeking access to
documents under the Freedom of Information Act 1982 (FOI Act).

This email sets out some information about how your request will be
processed by the Department of Foreign Affairs and Trade (the department).

Scope of request:

You have sought access to:                     

…all documents created since 2 September, 2024 in relation to hiring
and/or using and/or payment to and/or booking of a didgeridoo player to
perform at an Australia Day performance in Singapore from the Australian
High Commission in Singapore and/or DFAT.

Timeframe for receiving our decision:

We received your request on 28 November 2024, and the 30-day statutory
period for processing your request commenced from the day after that date.
A decision is currently due to you by 30 December 2024. The period of 30
days may be extended in certain circumstances. 

Disclosure log:

Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published on the
department’s [1]disclosure log.

Exclusion of officials’ names and contact details:

It is the department’s policy to withhold the personal information of
junior staff from ministerial offices and government officials not in the
Senior Executive Service (SES) or equivalent, including their email
addresses and contact numbers, together with all signatures, mobile phone
numbers, departmental inboxes and technical transmission details including
reference numbers.

Duplicate documents and incomplete email chains:

Your request will be processed on the basis that you did not intend to
capture duplicate documents or duplicate emails within email chains.

If you require the excluded information or documents, please let us know
at [2][DFAT request email] so the decision-maker may consider; otherwise, we
will take it that you agree to the information and documents being
excluded from the scope of your request.

Personal Information:

If we need to consult with other people or organisations regarding your
FOI request, we may need to disclose your personal information (e.g. your
name). When we consult it may be apparent that you have made a request,
even if we do not disclose your identity. Please let us know if you have
any concerns in this regard. Further information on the way the department
handles personal information is accessible via our [3]privacy policy.

Should you require any further information, please do not hesitate to
contact us by reply email.

Kind Regards

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OFFICIAL

Dear Mr Smith

As advised in our acknowledgement to you (below) a decision on your
request is due to you by 30 December 2024.

Due to the upcoming holiday and government shutdown period between
Christmas Day and New Year's Day (25 December 2024 - 1 January 2025
inclusive), we are seeking your agreement to an extension of 14 days to
process your request under section 15AA of the Freedom of Information Act
1982. This would mean a decision would be due to you by 14 January 2025.
We will endeavour to finalise your matter as soon as possible.  
 
We would be grateful if you could please confirm your agreement by return
email. Should you agree to this extension, we will inform the Office of
the Australian Information Commissioner (OAIC).   

Kind regards

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Freedom of Information Section

Public Interest Law Branch| Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade
E: [9][DFAT request email]

[10]dfat.gov.au | [11]X | [12]Facebook | [13]Instagram  | [14]LinkedIn

© Brooke Rigney-Lively (2024)

We acknowledge the Traditional Custodians of Country throughout Australia,
and their continuing connection to land, waters and community. We pay our
respects to all First Nations peoples, their cultures and to their Elders,
past, present and emerging.

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in your handling of
the advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

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OFFICIAL

Dear Mr Smith

I refer to your request to the Department of Foreign Affairs and Trade
(the department) for access to documents under the Freedom of Information
Act 1982 (the FOI Act). 

I am writing to let you know that the department’s preliminary examination
of the documents relevant to your request has determined that
consultations are required as provided for in [1]section 27 and section
27A of the FOI Act, as the documents contain the personal and business
affairs information relating to another person and organisation.  

The other person may contend that the disclosure of their personal and
business affairs information would be an unreasonable disclosure of
personal information, as defined in [2]section 47F of the FOI Act and the
organisation may contend that disclosure would disclose trade secrets,
diminish the commercial value, or otherwise unreasonably affect a person
in respect of their business, as defined in sections 47 and 47G of the FOI
Act. 

To allow the other person a reasonable opportunity to consider whether to
contend that their personal and business affairs information should be
exempt from disclosure, the statutory 30-day time limit for processing
your request is extended by another 30 days, as provided for in [3]section
15(6) of the FOI Act.  Accordingly, a decision will now be due to you by
28 January 2025.

While consultation with the person and organisation whose personal and
business affairs information appears in the documents is required by the
FOI Act, this does not confer a right of veto on the release of this
information or the documents as a whole.  The decision remains that of the
department’s decision-maker, who must have regard to any submissions put
forward by the person and organisation concerned. 

Should you require any further information, please do not hesitate to
contact us by reply email. 

Kind regards

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Freedom of Information Section

Public Interest Law Branch| Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade
E: [12][DFAT request email]

[13]dfat.gov.au | [14]X | [15]Facebook | [16]Instagram  | [17]LinkedIn

© Brooke Rigney-Lively (2024)

We acknowledge the Traditional Custodians of Country throughout Australia,
and their continuing connection to land, waters and community. We pay our
respects to all First Nations peoples, their cultures and to their Elders,
past, present and emerging.

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in your handling of
the advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

show quoted sections