Snapshots sent to Commissioners
Verity Pane made this Freedom of Information request to Office of the Australian Information Commissioner
Attn Office of the Australian Information Commissioner,
This FOI is for copy of all internal emails sent to any Commissioner (including acting) that include "snapshot" (in any case - upper, lower, title) in the body of the email.
Personal details of third party private individuals and private businesses are out of scope.
Only the 100 most recent emails are in scope.
Verity Pane
Our reference: FOIREQ22/00253
Dear Verity Pane
Freedom of Information request
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act).
You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 27 August 2022. This means that a decision on your
FOI request is currently due on 26 September 2022.
Scope of your request
Your FOI request was made in the following terms:
This FOI is for copy of all internal emails sent to any Commissioner
(including acting) that include "snapshot" (in any case - upper, lower,
title) in the body of the email.
Personal details of third party private individuals and private businesses
are out of scope.
Only the 100 most recent emails are in scope.
In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.
We will not identify you as the FOI applicant during any consultation
process, unless we seek your permission. However, documents that are
within the scope of your request that we may need to consult third parties
about may contain your personal information.
Consultation on scope of request
I note that your request refers to ‘any Commissioner (including acting)’
however to ensure that we process your request correctly could you please
confirm whether the scope of your request includes all Commissioners,
Deputy Commissioners and Assistant Commissioners of the OAIC?
Alternatively, please advise if it is only intended to cover a particular
Commissioner(s).
I would appreciate a response to my questions above by COB 1 September
2022.
Timeframes for dealing with your request
Section 15 of the FOI Act requires the OAIC to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.
The current decision due date for your request is 26 September 2022. We
will advise you if this timeframe is otherwise extended.
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.
If you would like to discuss your FOI request, please contact me on my
contact details set out below.
Yours sincerely,
Janani
[1][IMG] Janani Balasubramanian |
Paralegal
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
1300 363 992
| [3][email address]
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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
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3. mailto:[email address]
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Our reference: FOIREQ22/00253
Dear Verity Pane
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act) on 27 August 2022 and our email to
you of 31 August 2022, requesting clarification regarding the scope of
your request as follows:
Your FOI request was made in the following terms:
This FOI is for copy of all internal emails sent to any Commissioner
(including acting) that include "snapshot" (in any case - upper, lower,
title) in the body of the email.
Personal details of third party private individuals and private businesses
are out of scope.
Only the 100 most recent emails are in scope.
…
I note that your request refers to ‘any Commissioner (including acting)’
however to ensure that we process your request correctly could you please
confirm whether the scope of your request includes all Commissioners,
Deputy Commissioners and Assistant Commissioners of the OAIC?
Alternatively, please advise if it is only intended to cover a particular
Commissioner(s).
We have not yet received a response to this request for clarification. For
us to process your request as efficiently as possible, please respond to
us by COB Monday 12 September 2022.
If we do not hear from you by this time we will proceed with processing
your request on the basis that the scope of your request only includes
Information and Privacy Commissioner Angelene Falk and Freedom of
Information Commissioner Leo Hardiman.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
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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
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6. https://aus01.safelinks.protection.outlo...
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Our reference: FOIREQ22/00253
Dear Verity Pane
We refer to the above FOI request.
Request for extension of time under s 15AA of the FOI Act
The OAIC has been processing your request FOIREQ22/00253 and have
identified a large number of documents within the scope of your request,
including attachments to emails.
Due to the voluminous nature of this request, in combination with the
OAIC’s high FOI caseload, the OAIC will require additional time to process
your request.
I am writing to seek your agreement to an extension of time of 14 days
under section 15AA of the FOI Act, in order to give us adequate time to
process your request and to ensure all internal consultations are able to
be completed, to allow us to release as much material to you as possible.
We would be most grateful if you could please consider granting us this
additional time to process this.
Request for further clarification of scope
Beyond our extension of time request, it would be much appreciated if you
could provide guidance as to whether you are happy for us to exclude
attachments to emails from the scope of your request.
It would be much appreciated if you could confirm as to whether you agree
to the requested extension of time, and also provide guidance on the
clarification of scope above by close of business Friday 23 September
2022.
We thank you and look forward to hearing from you.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
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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
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Dear Verity Pane
OAIC ref: FOIREQ22/00253
I refer to your request made under the Freedom of Information Act 1982
(Cth) (FOI Act).
Your request was received by the Office of the Australian Information
Commissioner (OAIC) on 27 August 2022.
Your request includes documents which contain third party information.
Although you have excluded from your request the personal details of
individuals and private businesses, I have identified third parties that I
consider will need to be consulted under the FOI Act before I can make a
decision in relation to your request.
For this reason, the period for processing your request has been extended
by 30 days to allow time for this consultation (see s 15(6) of the FOI
Act). This means that the processing period for your request will now end
on 26 October 2022.
The consultation mechanism under s 27 applies when we believe the person
or organisation concerned may wish to contend that the requested documents
are exempt for reasons of personal privacy and/or or may adversely affect
their business or financial affairs.
The FOI decision maker will consider any comments received as part of the
consultation process. However, the final decision about whether to grant
you access to the documents, rests with the FOI decision maker.
In the event that the FOI decision maker makes a decision to release
material, despite objection from a consulted third party, that third party
has review rights available to them should they wish to contest such a
decision.
We will not identify you as the FOI applicant during any consultation
process. Please note that documents that are within the scope of your
request may contain your personal information or information that may
identify you.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
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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
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5. https://aus01.safelinks.protection.outlo...
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Attn Molly,
Third party consultation only applies where information about a third party is proposed to be disclosed by an foi agency. As the scope of the request excluded information about third parties, your third party consultation claim is invalid.
The OAIC is engaging in an abuse by knowingly acting beyond their powers in your typically disgraceful conduct in breach of your statutory obligations.
Verity Pane
OAIC ref: FOIREQ22/00253
Dear Verity Pane
Please find attached correspondence relating to the above FOI request.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter | icon 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
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5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
OAIC ref: FOIREQ22/00253
Dear Verity Pane
We refer to the above FOI request and our letter to you dated 3 October
2022 providing notice under section 24AB of the FOI Act.
In this letter, we provided notice of our intention to refuse access to
the documents you requested as a practical refusal due to the substantial
number of documents which may fall within the scope of the request, unless
you revised the request by Monday 17 October 2022.
As we did not receive a response from you by the deadline, your request
has taken to be withdrawn.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
[7]Subscribe [8]Subscribe to
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Notice:
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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
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3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
Attn Office of the Australian Information Commissioner,
This FOI is for copy of all internal emails sent to any Commissioner (including acting) that include "snapshot" (in any case - upper, lower, title) in the body of the email.
Personal details of third party private individuals and private businesses are out of scope.
Only the 100 most recent emails are in scope.
For any practical refusal notice I give advance notice that I do not withdraw or vary my foi.
Verity Pane
Attn Office of the Australian Information Commissioner,
This is a seperate FOI for copy of the 10 emails and attachments used as a scoping bundle in FOIREQ22/00253 described as being a total of 290 pages.
Personal details of third party private individuals and private businesses are out of scope.
For any practical refusal consultation I do not vary or withdraw my foi.
Verity Pane
Attn OAIC
I make a separate foi for all documents containing third party consultations in OAIC ref: FOIREQ22/00253.
If a practical refusal consultation notice is issued I do not withdraw or vary my foi.
Verity Pane
Our reference: FOIREQ22/00352
Dear Verity Pane
Freedom of Information request
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (the FOI Act).
Your FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 30 October 2022. This means that a decision on your
FOI request is currently due on 29 November 2022.
Scope of your request
In your email you seek access to the following:
“I make a separate foi for all documents containing third party
consultations in OAIC ref: FOIREQ22/00253.
If a practical refusal consultation notice is issued I do not withdraw or
vary my foi.”
In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.
We will not identify you as the FOI applicant during and consultation
process. However, documents that are within the scope of your request that
we may need to consult third parties about may contain your personal
information.
Timeframes for dealing with your request
Section 15 of the FOI Act requires this office to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.
The current decision due date for your request is 29 November 2022. We
will advise you if this timeframe is otherwise extended.
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.
If you would like to discuss this matter please contact me on my contact
details set out below.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter | icon 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. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
Our reference: FOIREQ22/00356
Dear Verity Pane
Freedom of Information request
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act).
You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 30 October 2022. This means that a decision on your
FOI request is currently due on 29 November 2022.
Scope of your request
Your FOI request was made in the following terms:
“This is a seperate FOI for copy of the 10 emails and attachments used as
a scoping bundle in FOIREQ22/00253 described as being a total of 290
pages.
Personal details of third party private individuals and private businesses
are out of scope.
For any practical refusal consultation I do not vary or withdraw my foi.”
In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.
We will not identify you as the FOI applicant during any consultation
process, unless we seek your permission. However, documents that are
within the scope of your request that we may need to consult third parties
about may contain your personal information.
Timeframes for dealing with your request
Section 15 of the FOI Act requires the OAIC to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.
The current decision due date for your request is 29 November 2022. We
will advise you if this timeframe is otherwise extended.
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.
If you would like to discuss your FOI request, please contact me on my
contact details set out below.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter | icon 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. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
Our reference: FOIREQ22/00357
Dear Verity Pane
Freedom of Information request
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act).
You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 30 October 2022. This means that a decision on your
FOI request is currently due on 29 November 2022.
Scope of your request
Your FOI request was made in the following terms:
This FOI is for copy of all internal emails sent to any Commissioner
(including acting) that include "snapshot" (in any case - upper, lower,
title) in the body of the email.
Personal details of third party private individuals and private businesses
are out of scope.
Only the 100 most recent emails are in scope.
For any practical refusal notice I give advance notice that I do not
withdraw or vary my foi.
In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.
We will not identify you as the FOI applicant during any consultation
process, unless we seek your permission. However, documents that are
within the scope of your request that we may need to consult third parties
about may contain your personal information.
Consultation on scope of request
I note that your request refers to ‘any Commissioner (including acting)’.
In your previous FOI request seeking similar information (FOIREQ22/00253)
we requested clarification from you regarding the scope of your request,
and as we did not receive a response we had interpreted your request to be
only referring to Information Commissioner Angelene Falk and FOI
Commissioner Leo Hardiman in that FOI request.
We have interpreted the scope in a similar manner here and would be
grateful if you can please confirm by Friday 4 November 2022. If we do not
hear from you by this time we will proceed with processing your request on
the basis that the scope of your request only includes Information and
Privacy Commissioner Angelene Falk and Freedom of Information Commissioner
Leo Hardiman.
Timeframes for dealing with your request
Section 15 of the FOI Act requires the OAIC to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.
The current decision due date for your request is 29 November 2022. We
will advise you if this timeframe is otherwise extended.
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.
If you would like to discuss your FOI request, please contact me on my
contact details set out below.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter | icon 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. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
OAIC ref: FOIREQ22/00357
Dear Verity Pane
Please find attached correspondence relating to the above FOI request.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter | icon 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. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
Our reference: FOIREQ22/00356
Dear Verity Pane
I refer to your request made under the Freedom of Information Act 1982
(Cth) (FOI Act).
Your request was received by the Office of the Australian Information
Commissioner (OAIC) on 30 October 2022.
Your request includes documents which contain information concerning
international organisations. Accordingly, the OAIC has determined it is
appropriate to consult those organisations under the FOI Act before making
a decision on the release of those documents.
For this reason, the period for processing your request has been extended
by 30 days to allow time for this consultation (see ss 15(7) and 15(8) of
the FOI Act). This means that the processing period for your request will
now end on 29 December 2022.
The consultation mechanism under section 15(8) applies when the OAIC
believes it is appropriate to extend the processing period so that we can
consult the relevant organisations and authorities, and determine whether
the relevant documents are exempt documents under section 33(a)(iii) or
section 33(b) (international relations) of the FOI Act.
The FOI decision maker will consider any comments received as part of the
consultation process. However, the final decision about whether to grant
you access to the documents rests with the FOI decision maker.
We will not identify you as the FOI applicant during any consultation
process. Please note that documents that are within the scope of your
request may contain your personal information or information that may
identify you.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter | icon 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,
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Our reference: FOIREQ22/00352
Dear Verity Pane
Please find attached decision in relation to the above matter.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
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Attn OAIC - Legal,
What a disgraceful set of decisions and notices we have here.
1) The Third Party consultation (TPC) notice the OAIC used to give itself another 30 days in FOIREQ22/00253 is revealed in FOIREQ22/00352 to have been a bogus TPC in that the OAIC never contacted any third party.
Sections 26A, 27 and 27A are only to be used for genuine TPC and not as an unlawful mechanism to act as a barrier to access to delay decision making beyond that lawfully allowed. Particularly when that extra time is used instead to make a practical refusal decision intended from day one of the application being received.
The foi scope required no greater effort that to keyword search the email inboxes of the Commissioners for the keyword "snapshot" - a task that takes far less than the two hours alleged by the OAIC given this is a overwhelming simple automated search activity. Similarly the foi only copy of the internal emails - not attachments - but these were included to grossly exaggerate page count and time using the highly excessive 4 minutes per page which well exceeds that reasonable for reviewing an email page of non-technical information. That practical refusal was just as crooked as the bogus TPC. You also took intentional advantage of the fact that I don't hover on my fois every day to slip a consultation in without notice.
That is why I made the foi application afresh on 30 October.
2) That fresh application explicitly stated that any practical refusal consultation notice given in FOIREQ22/00357 received a notice of no withdrawal. That means the practical refusal consultation issued on 3 October was invalid as I had already given advance notice in my foi that such a consultation request was to receive a "not withdrawn" response. FOIREQ22/00357 could not be assumed to be withdrawn making the notice of 22 November invalid. Deemed refusal was therefore received on 29 November.
3) Another bogus TPC on FOIREQ22/00356 of documents the OAIC already claimed TPC on in FOIREQ22/00253. The ethical turpitude involved is breath-taking.
This is a IC review application for the deemed decision in FOIREQ22/00357 given the notice of 22 Nov was invalid as the practical refusal consultation was already answered before it was even issued as not being varied or withdrawn. The only legally valid decisions the OAIC could make in such circumstances is a practical refusal decision or a decision on access. As such, no decision was made and a deemed access refusal decision occurred.
This is also a fresh foi application for all records of third party consultation in FOIREQ22/00356, and the Resolve reports for FOIREQ22/00253, FOIREQ22/00352, FOIREQ22/00356, FOIREQ22/00357 which s 15(5)(b) requires decision must be given by 3 January. In the event of a practical refusal consultation being issued I give advance response that I do not withdraw or vary my foi application in response to such a notice.
Verity Pane
Our reference: FOIREQ22/00421
Dear Verity Pane
Freedom of Information request
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (the FOI Act) and received by the Office of the
Australian Information Commissioner (OAIC) on 4 December 2022.
Scope of your request
In your email you seek access to the following:
This is also a fresh foi application for all records of third party
consultation in FOIREQ22/00356, and the Resolve reports for
FOIREQ22/00253, FOIREQ22/00352, FOIREQ22/00356, FOIREQ22/00357 which s
15(5)(b) requires decision must be given by 3 January. In the event of a
practical refusal consultation being issued I give advance response that I
do not withdraw or vary my foi application in response to such a notice.
In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.
We will not identify you as the FOI applicant during and consultation
process. However, documents that are within the scope of your request that
we may need to consult third parties about may contain your personal
information.
Timeframes for dealing with your request
Section 15 of the FOI Act requires this office to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.
As we received your request on 4 December 2022, we must process your
request by 3 January 2022.
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.
If you would like to discuss this matter please contact me on my contact
details set out below.
Regards,
[1]O A I C logo Alessia Mercuri | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
(02) 9246 0488 |
[3][email address]
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OAIC ref: FOIREQ22/00357
Dear Verity Pane
We refer to the above FOI request and our letter to you dated 22 November
2022 providing notice under section 24AB of the FOI Act.
In this letter, we provided notice of our intention to refuse access to
the documents you requested as a practical refusal due to the substantial
number of documents which may fall within the scope of the request, unless
you revised the request by Tuesday 6 December 2022.
As we did not receive a response from you by the deadline, your request
has been taken to be withdrawn.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
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[9]Shape Description automatically generated with low confidence
Please note the OAIC will be closed from Saturday 24 December 2022 and
will reopen on Tuesday 3 January 2023. I will return on Wednesday 4
January 2023.
Notice:
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be confidential information, and may also be the subject of legal
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Attn Molly,
ref: FOIREQ22/00357
You cannot say you did not receive a response to your practical refusal consultation when the foi itself stated that any such practical refusal consultation is given a response of no withdrawal.
You claim is misleading and untrue.
For the purposes of the FOI Act I seek amendment of your misleading and untrue claim that no response was given as it factually incorrect as the foi itself gave such a response in the event of such a practical refusal consultation.
Verity Pane
Our reference: FOIREQ22/00432
Dear Verity Pane
Freedom of Information amendment request
I refer to your request to amend documents made under the Freedom of
Information Act 1982 (Cth) (the FOI Act) and received by the Office of the
Australian Information Commissioner (OAIC) on 19 December 2022.
Scope of your request
In your email you seek amendment to documents as follows:
“You cannot say you did not receive a response to your practical refusal
consultation when the foi itself stated that any such practical refusal
consultation is given a response of no withdrawal.
You claim is misleading and untrue.
For the purposes of the FOI Act I seek amendment of your misleading and
untrue claim that no response was given as it factually incorrect as the
foi itself gave such a response in the event of such a practical refusal
consultation.'”
Timeframes for dealing with your request
Section 51D of the FOI Act requires us to take all reasonable steps to
notify you of a decision on the application as soon as practicable but in
any case, no later than 30 days after the day on which we receive it.
As we received your request on 19 December 2022, we must process your
request by 18 January 2023.
If you would like to discuss this matter, please contact me on my contact
details set out below.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
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[9]Shape Description automatically generated with low confidence
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January 2023.
Notice:
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be confidential information, and may also be the subject of legal
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Our ref: FOIREQ22/00356
Dear Verity Pane
Please find attached decision, documents and schedule in relation to the
above FOI request.
Please note that due to the size of the documents, they will be sent to
you across multiple emails. This is email 1 of 3.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
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[9]Shape Description automatically generated with low confidence
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January 2023.
Notice:
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be confidential information, and may also be the subject of legal
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disclosure or copying of this email is unauthorised. If you received this
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Our ref: FOIREQ22/00356
Dear Verity Pane
Please find attached documents in relation to the above FOI request. This
is email 2 of 3.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
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[9]Shape Description automatically generated with low confidence
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January 2023.
Notice:
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Our ref: FOIREQ22/00356
Dear Verity Pane
Please find attached documents in relation to the above FOI request. This
is email 3 of 3.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
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[9]Shape Description automatically generated with low confidence
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will reopen on Tuesday 3 January 2023. I will return on Wednesday 4
January 2023.
Notice:
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be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
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Our reference: FOIREQ22/00421
Dear Ms Verity Pane,
Please find a decision of today’s date, document schedule and documents
for release in relation to the above FOI matter.
Kind Regards,
[1]O A I C logo Alessia Mercuri | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
(02) 9246 0488 |
[3][email address]
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Our reference: MR23/00027
Agency reference: FOIREQ22/00357
Verity Pane
By email: [1][FOI #9315 email]
Copied to: [2][email address]
Receipt of your IC review application
Dear Verity Pane
Thank you for your application for Information Commissioner Review (IC
review) of an FOI decision made by the Office of the Australian
Information Commissioner (the OAIC).
I intend to recommend that a delegate of the Information Commissioner
exercise the discretion to decide not to undertake this IC review under s
54W(b) of the FOI Act, which would allow you to seek review at the
Administrative Appeals Tribunal (AAT).
The effect of such a decision would be to finalise this IC review
application and allow you to apply directly to the AAT. You would then
have 28 days to lodge an application with the AAT in accordance with
ordinary AAT processes.
The reasons for this recommendation follow.
Discretion under s 54W(b) of the FOI Act
Under s 54W(b), the Information Commissioner may decide not to undertake a
review, or not to continue to undertake a review, if the Information
Commissioner is satisfied that the interests of the administration of the
FOI Act make it desirable that the IC reviewable decision be considered by
the AAT.
This is also referred to in the Guidelines issued by the Australian
Information Commissioner under s 93A (FOI Guidelines) at [10.88] –
[10.89], which states:
The Information Commissioner can decline to undertake a review if
satisfied ‘that the interests of the administration of the [FOI] Act make
it desirable’ that the AAT consider the review application (s 54W(b)). It
is intended that the Commissioner will resolve most applications.
Circumstances in which the Commissioner may decide that it is desirable
for the AAT to consider a matter instead of the Commissioner continuing
with the IC review include:
· where there may be a perceived or actual conflict of interest in
the Commissioner undertaking review, including where:
o the FOI request under review was made to, or decided by, the
Information Commissioner or their delegate
o where consideration by the AAT would further the objects of the FOI
Act, particularly in relation to the performance and exercise of
functions and powers given by the FOI Act to facilitate and promote
public access to information, promptly and at the lowest reasonable
cost (s 3(4)).
The OAIC will consult the parties involved in a matter before making a
decision under s 54W(b) to conclude an IC review.
In this IC review, it is my view that it is in the interests of the
administration of the FOI Act that this review be closed and that you be
provided the opportunity of applying directly to the AAT for review,
because it is apparent that:
· The FOI request under review was processed and decided by the
OAIC.
· There may therefore be a perceived conflict of interest in the
Commissioner undertaking a review of a decision made by their own agency.
The delegate of the Information Commissioner will review all material
before the OAIC in deciding whether to exercise the discretion to decide
not to undertake a review in this case.
Next steps
If you disagree with this proposed recommendation, please write to us by
19 January 2023 and advise us of your reasons. Your reasons will be taken
into account before a decision is made on whether to finalise this matter
under s 54W(b).
In the absence of a response by this date this IC review application may
be finalised under s 54W(b), and the parties will be notified of their
review rights.
Yours sincerely
Dipali Goel
[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:
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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
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OAIC ref: FOIREQ22/00432
Dear Verity Pane
We refer to the above request for amendment under the FOI Act, made on 19
December 2022.
Please find attached a decision in this matter, as well as documents
showing the annotations made in response to your request.
Kind regards
Molly
[1]O A I C logo Molly Cooke | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4296 |
[3][email address]
[7]Subscribe [8]Subscribe to
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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
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Our reference: MR23/00027
Your reference: FOIREQ22/00357
Verity Pane
By email: [1][FOI #9315 email]
Dear Ms Pane,
I refer to your application for Information Commissioner review (IC
review) of a deemed refusal decision decision made by the Office of the
Australian Information Commissioner on 29 November 2022 under the Freedom
of Information Act 1982 (Cth) (the FOI Act).
Discretion under s 54W(b) of the FOI Act
Under s 54W(b), the Information Commissioner may decide not to undertake a
review, or not to continue to undertake a review, if the Information
Commissioner is satisfied that the interests of the administration of the
FOI Act make it desirable that the IC reviewable decision be considered by
the AAT.
The effect of such a decision would be to finalise this IC review
application and allow you to apply directly to the AAT. You would then
have 28 days to lodge an application with the AAT in accordance with
ordinary AAT processes.
The discretion under s 54W(b) of the FOI Act may be exercised where the
Information Commissioner is satisfied that the interests of the
administration of the FOI Act make it desirable that the IC reviewable
decision be considered directly by the AAT, rather than by the Information
Commissioner first.
This is also referred to in the Guidelines issued by the Australian
Information Commissioner under s 93A (FOI Guidelines) at [10.88] –
[10.89], which states:
The Information Commissioner can decline to undertake a review if
satisfied ‘that the interests of the administration of the [FOI] Act make
it desirable’ that the AAT consider the review application (s 54W(b)). It
is intended that the Commissioner will resolve most applications.
Circumstances in which the Commissioner may decide that it is desirable
for the AAT to consider a matter instead of the Commissioner continuing
with the IC review include:
o where the IC review is linked to ongoing proceedings before the AAT or
a court
o where there is an apparent inconsistency between earlier IC review
decisions and AAT decisions
o where, should the application progress to an IC review decision, the
IC review decision is likely to be taken on appeal to the AAT on a
disputed issue of fact
o where the FOI request under review is of a level of complexity that
would be more appropriately handled through the procedures of the AAT
o where there may be a perceived or actual conflict of interest in the
Commissioner undertaking review, including where:
o the FOI request under review was made to, or decided by, the
Information Commissioner or their delegate
o the FOI request or material at issue relate to specific functions
exercised by the Information Commissioner under the Privacy Act
o the applicant has active matters in other forums, including the
AAT or Federal Court and the Information Commissioner is the
respondent
o where consideration by the AAT would further the objects of the FOI
Act, particularly in relation to the performance and exercise of
functions and powers given by the FOI Act to facilitate and promote
public access to information, promptly and at the lowest reasonable
cost (s 3(4)).
The OAIC will consult the parties involved in a matter before making a
decision under s 54W(b) to conclude an IC review.
The circumstances in which the Information Commissioner may consider it
desirable that the AAT consider the review application, as outlined in the
FOI Guidelines above, are not exhaustive. There will be circumstances that
are not listed where the Information Commissioner may deem it desirable to
refer the matter to the AAT.
In this IC review, it is apparent that:
o The FOI request under review was processed and decided by the OAIC.
o There may therefore be a perceived or actual conflict of interest in
the Commissioner undertaking a review of a decision made by their own
agency.
Given this, I intend to recommend that the Commissioner exercise their
discretion under s 54W(b) of the FOI Act not to undertake this IC review.
Next steps
If you disagree with this proposed recommendation, please write to us by
19 January 2024 and advise us of your reasons. Your reasons will be taken
into account before a decision is made on whether to finalise this matter
under s 54W(b).
In the absence of a response by this date this IC review application may
be finalised under s 54W(b), and the parties will be notified of their
review rights.
Should you have any questions about this matter in the interim, please
contact [2][email address].
Kind regards
[3][IMG] Thomas Hanaee <he/him>
Review Adviser
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P +1300 363 992 E [4][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.
[5]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
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References
Visible links
1. mailto:[FOI #9315 email]
2. mailto:[email address]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/engage-with-us/n...
Our reference: MR23/00027
Agency reference: FOIREQ22/00357
By email: [1][FOI #9315 email]
Your review application about the Office of the Australian Information
Commissioner
Good afternoon Verity,
The purpose of this correspondence is to provide a brief update regarding
your Information Commissioner review application.
I note that on 5 January 2024, we contacted you advising of our intent to
finalise this matter in accordance with s 54W(b) of the FOI Act (enclosed
below). We requested to receive correspondence from you, if you disagreed
with this proposed recommendation, by 19 January 2024.
At this time, we have not received a further response and a delegate of
the Information Commissioner will proceed to make their decision in the
coming days. Should their decision uphold the recommendation to finalise
the review application in accordance with s 54W(b) you will be formally
notified.
As mentioned below, you will have 28 days to lodge an application with the
AAT from the date of receiving the decision.
Should you have any questions about this matter in the interim, please
contact [2][email address].
Kind regards,
[3][IMG] Georgia Furlong (she/her)
Review Advisor
Freedom of Information Branch
Office of the Australian Information Commissioner
Canberra
P 1300 363 992 E [4][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.
[5]Subscribe to Information Matters
From: OAIC - FOI DR
Sent: Friday, January 5, 2024 2:02 PM
To: [FOI #9315 email]
Subject: MR23/00027 - Your application for IC review
Our reference: MR23/00027
Your reference: FOIREQ22/00357
Verity Pane
By email: [6][FOI #9315 email]
Dear Ms Pane,
I refer to your application for Information Commissioner review (IC
review) of a deemed refusal decision decision made by the Office of the
Australian Information Commissioner on 29 November 2022 under the Freedom
of Information Act 1982 (Cth) (the FOI Act).
Discretion under s 54W(b) of the FOI Act
Under s 54W(b), the Information Commissioner may decide not to undertake a
review, or not to continue to undertake a review, if the Information
Commissioner is satisfied that the interests of the administration of the
FOI Act make it desirable that the IC reviewable decision be considered by
the AAT.
The effect of such a decision would be to finalise this IC review
application and allow you to apply directly to the AAT. You would then
have 28 days to lodge an application with the AAT in accordance with
ordinary AAT processes.
The discretion under s 54W(b) of the FOI Act may be exercised where the
Information Commissioner is satisfied that the interests of the
administration of the FOI Act make it desirable that the IC reviewable
decision be considered directly by the AAT, rather than by the Information
Commissioner first.
This is also referred to in the Guidelines issued by the Australian
Information Commissioner under s 93A (FOI Guidelines) at [10.88] –
[10.89], which states:
The Information Commissioner can decline to undertake a review if
satisfied ‘that the interests of the administration of the [FOI] Act make
it desirable’ that the AAT consider the review application (s 54W(b)). It
is intended that the Commissioner will resolve most applications.
Circumstances in which the Commissioner may decide that it is desirable
for the AAT to consider a matter instead of the Commissioner continuing
with the IC review include:
o where the IC review is linked to ongoing proceedings before the AAT or
a court
o where there is an apparent inconsistency between earlier IC review
decisions and AAT decisions
o where, should the application progress to an IC review decision, the
IC review decision is likely to be taken on appeal to the AAT on a
disputed issue of fact
o where the FOI request under review is of a level of complexity that
would be more appropriately handled through the procedures of the AAT
o where there may be a perceived or actual conflict of interest in the
Commissioner undertaking review, including where:
o the FOI request under review was made to, or decided by, the
Information Commissioner or their delegate
o the FOI request or material at issue relate to specific functions
exercised by the Information Commissioner under the Privacy Act
o the applicant has active matters in other forums, including the
AAT or Federal Court and the Information Commissioner is the
respondent
o where consideration by the AAT would further the objects of the FOI
Act, particularly in relation to the performance and exercise of
functions and powers given by the FOI Act to facilitate and promote
public access to information, promptly and at the lowest reasonable
cost (s 3(4)).
The OAIC will consult the parties involved in a matter before making a
decision under s 54W(b) to conclude an IC review.
The circumstances in which the Information Commissioner may consider it
desirable that the AAT consider the review application, as outlined in the
FOI Guidelines above, are not exhaustive. There will be circumstances that
are not listed where the Information Commissioner may deem it desirable to
refer the matter to the AAT.
In this IC review, it is apparent that:
o The FOI request under review was processed and decided by the OAIC.
o There may therefore be a perceived or actual conflict of interest in
the Commissioner undertaking a review of a decision made by their own
agency.
Given this, I intend to recommend that the Commissioner exercise their
discretion under s 54W(b) of the FOI Act not to undertake this IC review.
Next steps
If you disagree with this proposed recommendation, please write to us by
19 January 2024 and advise us of your reasons. Your reasons will be taken
into account before a decision is made on whether to finalise this matter
under s 54W(b).
In the absence of a response by this date this IC review application may
be finalised under s 54W(b), and the parties will be notified of their
review rights.
Should you have any questions about this matter in the interim, please
contact [7][email address].
Kind regards
[8][IMG] Thomas Hanaee <he/him>
Review Adviser
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P +1300 363 992 E [9][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.
[10]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:[FOI #9315 email]
2. mailto:[email address]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/engage-with-us/n...
6. mailto:[FOI #9315 email]
7. mailto:[email address]
8. https://www.oaic.gov.au/
9. mailto:[email address]
10. https://www.oaic.gov.au/engage-with-us/n...
Our reference: MR23/00027
Agency reference: FOIREQ22/00357
Verity Pane
Office of the Australian Information Commissioner
By email: [1][FOI #9315 email]
By email: [2][email address]
Finalisation of Information Commissioner review application under s 54W(b)
of the FOI Act
Dear Parties,
Please find attached decision finalising this Information Commissioner
review under s 54W(b) of the FOI Act.
The applicant has 28 calendar days from today to lodge an application for
review with the [3]Administrative Appeals Tribunal.
I confirm our file is now closed.
Kind regards,
[4][IMG] Georgia Furlong (she/her)
Review Advisor
Freedom of Information Branch
Office of the Australian Information Commissioner
Canberra
P 1300 363 992 E [5][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.
[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:[FOI #9315 email]
2. mailto:[email address]
3. https://www.aat.gov.au/apply-for-a-revie...
4. https://www.oaic.gov.au/
5. mailto:[email address]
6. https://www.oaic.gov.au/engage-with-us/n...