Social Media Policy
Ben Fairless made this Freedom of Information request to Department of Home Affairs
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Department of Immigration and Border Protection,
I make a request for:
1 - Any current policy documents which relate to the use of Social Media (both Official and Unofficial) by the DIBP or employees and contractors of DIBP.
2 - Any directions made in the last 12 months by any Senior Employees or Managers within DIBP that issue direction, instruction or advice to DIBP employees or contractors on Official or Unofficial use of Social Media.
Yours faithfully,
Ben Fairless
UNCLASSIFIED
Our references: FA 14/04/00565; ADF2014/12752
Dear Mr Fairless
This email refers to your FOI request received on 6 April 2014 seeking
access to:
1 - Any current policy documents which relate to the use of Social Media
(both Official and Unofficial) by the DIBP or employees and contractors of
DIBP.
2 - Any directions made in the last 12 months by any Senior Employees or
Managers within DIBP that issue direction, instruction or advice to DIBP
employees or contractors on Official or Unofficial use of Social Media.
The current due date for your FOI request is 6 May 2014.
The purpose of this email is to advise you (as required under s.24AB of
the FOI Act) that I consider a 'practical refusal reason' exists under
s.24AA of the Freedom of Information Act 1982 (FOI Act) in relation to
your request. I have set out my reasons in the attached notice.
The FOI Act requires that you respond to this notice before the end of the
consultation period, which is close of business Wednesday 7 May 2014.
As advised in the notice, you may reply to me at this email address
([1][email address]).
Yours Sincerely
Janelle
__________________________________
Janelle Raineri
Authorised FOI Decision Maker
A/g Assistant Director
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Email: [2][email address]
UNCLASSIFIED
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
Dear Janelle,
I write in response to your Practical Refusal Consultation notice issued under S24AB of the FOI Act.
I'm curious to understand why each employee would be individually required to search their emails? I assume the Department has an IT Department who would have access to search employee email?
Alternatively, wouldn't the requested documents be able to be located in TRIM (or other records management system used by the Department)?
I am, in essence, seeking documents which identify how the Department deals with Social Media both official and unoffical. I would appreciate the Department's suggestions on how my request could be refined if you are unable to work with my suggestions above on how to locate the information.
Yours sincerely,
Ben Fairless
UNCLASSIFIED
Our references: FA 14/04/00565; ADF2014/12752
Dear Mr Fairless
Thank you for your enquiry, I have provided some advice for you to
consider below.
In order for an authorised FOI decision maker to be satisfied that all
reasonable searches and all relevant documents have been identified, in
response to your request, a search and retrieval directly from those
officers captured by your request would be best. This is because there
are limitations to other methods such as an IT search and/or a TRIM
records search.
The department can search emails, although has limited functionality in
some respects. The department does not currently have journaling of
emails covering a period longer than 3 months. In instances where emails
are required from a longer time period, a backup of the relevant email
account(s) is required. This requires the department to identify all
relevant officers captured by your request, for which my notice included
advice that there is no current high level list to identify all the
relevant individuals. This service is performed by the department's
external IT service provider and is charged to the department.
Further to that, a custom search script would need to be written to
identify emails potentially in scope. Again, this is charged to the
department.
It is likely that the department would consider issuing a charges notice
under section 29 of the FOI Act and you would be charged the cost for
those services as this is outside our business as usual practices for the
processing of FOI requests.
The department can conduct a search within the TRIM records system,
however key word searches could return a significant number of records for
which many would likely be irrelevant to the scope of your request. I
note each record returned as part of the search would need to be reviewed
to identify if it held a relevant document. I would consider that this
too would meet the parameters for an unreasonable diversion of the
departments resources.
You may consider focusing your request to specific individuals; positions;
and/or business areas within the department. For example: any high level
policy documents on the use of social media; and/or any emails held by the
National Communications Branch, including the National Communications
Manager on the use of social media. This would narrow the search and
possibly allow the relevant business area (in this case, the National
Communications Branch) to more easily locate potentially relevant
documents.
I hope this information is of assistance
Yours Sincerely
Janelle
__________________________________
Janelle Raineri
FOI Inbox Manager
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Email: [1][email address]
Dear Janelle,
Thanks for the explanation.
Could you advise if the revised scope below deals with the issues you have raised:
"I make a request for:
1 - Any official policy which relate to the use of Social Media (both Official and Unofficial) by the DIBP or employees and contractors of DIBP.
2 - All correspondence originating from or sent to the National Communications Branch since the 1st of September 2013 that could be reasonably interpreted to be issuing direction, instruction or advice to DIBP employees or contractors on Official or Unofficial use of Social Media."
If no Practical Refusal reason would exist, I'm happy to revise my request accordingly. If a Practical Refusal reason would exist, can you please detail what further steps I can take to revise the request?
Yours sincerely,
Ben Fairless
UNCLASSIFIED
Our references: FA 14/04/00565; ADF2014/12752
Dear Mr Fairless
I have made a preliminary enquiry with the relevant business area as to
the extent of your revised scope. The department considerers that your
request may no longer be an unreasonable diversion of resources.
I have accepted the following as your revised scope:
1 - Any official policy which relate to the use of Social Media (both
Official and Unofficial) by the DIBP or employees and contractors of DIBP.
2 - All correspondence originating from or sent to the National
Communications Branch since the 1st of September 2013 that could be
reasonably interpreted to be issuing direction, instruction or advice to
DIBP employees or contractors on Official or Unofficial use of Social
Media."
The processing of your request has re-commenced and the current due date
of your request is now Sunday 11 May 2014. However, as this date falls on
a non-working day, s.36(2) of the Acts Interpretation Act 1901 provides
that the latest date a decision can be finalised is the next working day,
which is Monday 12 May 2014.
Yours Sincerely
Janelle
__________________________________
Janelle Raineri
FOI Inbox Manager
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Email: [1][email address]
UNCLASSIFIED
Our references: FA 14/04/00565; ADF2014/12752
Dear Mr Fairless
I refer to your request for access to documents relating to:
1 - Any official policy which relate to the use of Social Media (both
Official and Unofficial) by the DIBP or employees and contractors of DIBP.
2 - All correspondence originating from or sent to the National
Communications Branch since the 1st of September 2013 that could be
reasonably interpreted to be issuing direction, instruction or advice to
DIBP employees or contractors on Official or Unofficial use of Social
Media."
The current due date for your request is Sunday 11 May 2014. Due to the
number of requests currently being processed by our office, we will not be
able to finalise your request by the original due date.
The Department seeks your agreement (under s.15AA of the FOI Act) to
extend the timeframe for the processing of your request by 30 days. This
would extend the due date for your request to Tuesday 10 June 2014.
It would assist the Department in managing its FOI caseload if you could
provide a response to this request by close of business, Thursday 8 May
2014.
Update on the status of your request
Following the formal consultation of the scope of your request the FOI
Section has been engaging with the relevant business area to identify
relevant documents. The search and retrieval process is ongoing.
Please do not hesitate to contact me should you wish to discuss.
Yours sincerely
Janelle
__________________________________
Janelle Raineri
FOI Inbox Manager
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Email: [1][email address]
UNCLASSIFIED
References
Visible links
1. mailto:[email address]
Dear Janelle,
Happy to provide a 7 day extension. Please feel free to get in touch if this isn't sufficient.
Yours sincerely,
Ben Fairless
UNCLASSIFIED
Our references: FA 14/04/00565; ADF2014/12752
Dear Mr Fairless
The department is still within the search and retrieval process for this
FOI request, I would ask you to consider agreeing to further time to
assist the department in the processing of your FOI request, can we agree
on a 14 day extension.
Yours Sincerely
Janelle
__________________________________
Janelle Raineri
FOI Inbox Manager
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Email: [1][email address]
Dear Janelle,
I consent to a 14 day extension.
On another point, I would respectfully suggest it seems to be standard operating procedure for the Department to request extensions of time to deal with requests. May I respectfully suggest that the Department arrange for the appropriate resources to process FOI requests as my patience with granting extensions is disappearing rapidly.
Yours sincerely,
Ben Fairless
UNCLASSIFIED
Our references: FA 14/04/00565; ADF2014/12752
Dear Mr Fairless
Thank you for your email agreeing to a 14 day extension of time.
The new due date for this request is Sunday 25 May 2014.
The department has been receiving an increase in FOI requests this
finanicial year and we currently have a large number of requests on hand.
It may interest you to know that the department receives the largest
number of FOI requests acorss the Commonwealth. You can view the
department’s FOI statistics on the OAIC website.
See:
[1]http://www.oaic.gov.au/about-us/corporat...
I hope this inforamtion is of assistance.
Yours Sincerely
Janelle
__________________________________
Janelle Raineri
FOI Inbox Manager
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Email: [2][email address]
UNCLASSIFIED
Our references: FA 14/04/00565; ADF 2014/12752
Dear Mr Fairless
Re: Your Freedom of Information request
I am writing to inform you that I have been appointed as the authorised
decision maker for your FOI request, seeking access to:
" 1 - Any official policy which relate to the use of Social Media (both
Official and Unofficial) by the DIBP or employees and contractors of DIBP.
2 - All correspondence originating from or sent to the National
Communications Branch since the 1st of September 2013 that could be
reasonably interpreted to be issuing direction, instruction or advice to
DIBP employees or contractors on Official or Unofficial use of Social
Media."
As part of the department’s FOI service standard, I will update you every
14 days regarding the progress of your request, however please do not
hesitate to contact me if you have any questions or wish to discuss the
request in the interim.
Regards
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Tel: (02) 62643131
UNCLASSIFIED
Dear Mel,
Thank you for your email. It is my understanding that a decision must be made by the 26th of May. Can you confirm that a decision will be made by this time?
Yours sincerely,
Ben Fairless
Our reference: RQ14/01158
Agency reference: FA 14/04/00565, ADF2014/12752
Mr Ben Fairless
By email
Dear Mr Fairless
Extension of time request under s15AB
On 21 May 2014, the Department of Immigration and Border Protection
requested further time to make a decision on your FOI request of 6 April
2014.
This request was on the basis that the processing period is insufficient
to deal adequately with your request, because it is complex.
The Information Commissioner has decided to grant Department of
Immigration and Border Protection an extension of time of 30 days for this
request, to 24 June 2014. This decision has been made under s15AB(2) of
the Freedom of Information Act 1982 (Cth) (the Act).
A copy of the decision is attached.
Review rights
If you are unhappy with the way we have handled this matter, you may
complain to the Commonwealth Ombudsman. This service is free, and you can
contact the office on 1300 362 072 or visit [1]www.ombudsman.gov.au.
If you would like to discuss this matter you may contact me on (02) 6239
9121 or via email [email address].
Yours sincerely
Elizabeth Zatschler | Investigations Officer
Office of the Australian Information Commissioner
4 National Circuit, BARTON ACT 2600
GPO Box 2999 CANBERRA ACT 2601 |www.oaic.gov.au
Phone: +61 2 6239 9121
Fax: +61 2 6239 9187
Email: [2][email address]
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References
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1. http://www.ombudsman.gov.au/
2. mailto:[email address]
UNCLASSIFIED
Our references: FA 14/04/00565; ADF2014/12752
Dear Mr Fairless
I am writing in regards to your FOI request seeking:
“1 - Any official policy which relate to the use of Social Media (both
Official and Unofficial) by the DIBP or employees and contractors of DIBP.
2 - All correspondence originating from or sent to the National
Communications Branch since the 1st of September 2013 that could be
reasonably interpreted to be issuing direction, instruction or advice to
DIBP employees or contractors on Official or Unofficial use of Social
Media.”
This email is to advise you of my decision that you are liable to pay a
charge in respect of the processing of your FOI request in accordance with
s 29 of the FOI Act.
Please see the attached letter for further information.
How to pay:
Include your FA Reference number and advise whether you wish to pay the
deposit or the full amount.
The deposit or full payment can be paid by cheque, money order, credit
card or Electronic Funds Transfer (EFT).
Cheques and money orders should be made payable to "Collector of Public
Monies" and sent to:
FOI & Privacy Policy Section
Department of Immigration and Border Protection
PO Box 25
BELCONNEN ACT 2616
AUSTRALIA
Should you choose to pay by credit card, please complete the attached
credit card authorisation form (CCAF form), including your signature and
forward to FOI & Privacy Policy Section at the above address, or email to
[1][email address].
Should you choose to pay by EFT the department’s bank account details are
as follows:
• Bank: CBA
• BSB: 062987
• Account Number: 10016044
• Account Name: DIBP Official Administered
Direct Credit Receipts Account.
When making the transfer you will need to quote the number of your request
- FA 14/04/00565 - so that your payment can be identified by our Finance
area. Failure to do so may result in payments not being identified as FOI
related and could result in processing delays.
Please advise FOI when you have made the payment made by direct credit so
that we can contact the Finance area and they can issue a receipt. You
should also be aware that payments by direct credit are not processed in
real time. There is at least a one day delay between somebody paying money
into the department's account and notification of the payment via our bank
account statement.
Mel Heggart
FOI and Privacy Policy Section
Department of Immigration and Border Protection
Tel: (02) 62643131
UNCLASSIFIED
References
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1. mailto:[email address]
Dear Elizabeth Zatschler,
I refer to your email advising that you have granted an Extension of time request under s 15AB of the FOI Act.
I note that in the Department's charges letter[1], it mentions 5 documents with 117 pages. There is no mention of any audiovisual content in the Department's charges letter.
I am disappointed that the OAIC didn't attempt to contact me to discuss the extension request, and I will be considering a complaint to the Commonwealth Ombudsman in relation to this decision, as it would appear that DIBP have lied in their submission to the OAIC.
I can be contacted on [Phone Number] if you want to discuss this further.
Yours sincerely,
Ben Fairless
Dear Mel,
I withdraw this request.
I place the Department on notice that I am considering a complaint to the Commonwealth Ombudsman in relation to DIBP's extension of time request made to the OAIC, as it appears the department has lied to the OAIC in order to obtain an extension.
Yours sincerely,
Ben Fairless