Social media policy
Dear Department of Foreign Affairs and Trade,
I seek access to the following documents under the Freedom
of Information Act 1982:
1. Current social media policy of the department, which covers
departmental use and/or private use by employees in an individual
capacity.
2. Any current guidance material which is available for employees to make informed decisions about their private social media use.
Yours faithfully,
James Smith
UNCLASSIFIED
Our Ref: 1604-F1452
Dear Mr Smith
Re: Freedom of Information (FOI) Request
Thank you for your email below in which you seek access under the Freedom
of Information Act 1982 to:
1. Current social media policy of the department, which covers
departmental use and/or private use by employees in an individual
capacity.
2. Any current guidance material which is available for employees to make
informed decisions about their private social media use.
Searches are now being undertaken in relevant areas of the Department for
documents relevant to your request. I will contact you again once the
searches have been completed.
Timeframe for receiving your decision:
We received your request on 18 April and the 30 day statutory period for
processing your request commenced from the day after that date. You
should therefore expect a decision from us by 19 May. The period of 30
days may be extended in certain circumstances. We will advise you if
there is any extension of time.
Scope of request:
If it emerges that the scope of your request is unclear or is too large
for processing, the Department will contact you to discuss re-scoping the
request.
Exclusion of officials’ names and contact details:
It is the Department’s policy to withhold the mobile numbers of all
government officials, and the names and contact details of government
officials not in the Senior Executive Service (SES). If you require the
mobile numbers of all government officials, or the names and contact
details of non-SES officials, please let us know at [DFAT request email] so the
decision-maker may consider; otherwise we will take it that you agree to
that information being excluded from the scope of your request.
Charges:
Please note that the Department issues charges for processing FOI
requests. We will advise you of these charges when we are in a position
to estimate the resources required to process your request.
Timing of release:
As the subject matter of your request will require DFAT to upload any
documents released to you to the Department’s FOI Disclosure Log, I take
this opportunity to advise you that the Department’s policy is to upload
documents to the disclosure log on the same day as the documents are
released to you.
Personal Information:
Your personal information has been collected by the Department as a result
of your correspondence, and will be used in order to process your FOI
request. Your personal information is protected by law, including the
Privacy Act 1988. The Department’s privacy policy is available at
dfat.gov.au/privacy.html and contains information about access to or
correction of your personal information, and how you may complain about a
breach of your privacy.
Please note that if we need to consult with other people regarding release
of the documents you have requested, we may need to disclose your personal
information. When we consult with other people about a request you have
made, it may be apparent to those people that you have made a request,
even if we do not disclose your identity. If you have concerns about the
Department consulting with other people about your request, please let us
know your concerns.
Should you require any further information, please do not hesitate to
contact me on (02) 6261 3470, or by return email.
Please note a copy of this email has been sent to Marie-Charlotte McKenna,
Director, Freedom of Information and Privacy Law Section, for her
information.
Yours sincerely
+------------------------------------------------------------------------+
|Ada Cheung | |
| | |
|Assistant Director | |
|Department of Foreign Affairs and Trade | |
|------------------------------------------------------------------------|
|Freedom of Information & Privacy Law Section| E | | |
| |[1][email address]| |
|--------------------------------------------+---------------------------|
|Corporate Legal Branch | T | +61 2 6261 3470 |
|------------------------------------------------------------------------|
|Legal Division |W | [2]www.dfat.gov.au| |
|---------------------------------------------+-----------------------+--|
+------------------------------------------------------------------------+
-----Original Message-----
From: James Smith [mailto:[FOI #1857 email]]
Sent: Monday, 18 April 2016 3:31 PM
To: FOI
Subject: Freedom of Information request - Social media policy
Dear Department of Foreign Affairs and Trade,
I seek access to the following documents under the Freedom of Information
Act 1982:
1. Current social media policy of the department, which covers
departmental use and/or private use by employees in an individual
capacity.
2. Any current guidance material which is available for employees to make
informed decisions about their private social media use.
Yours faithfully,
James Smith
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #1857 email]
Is [4][DFAT request email] the wrong address for Freedom of Information
requests to Department of Foreign Affairs and Trade? If so, please contact
us using this form:
[5]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[6]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
Visible links
1. mailto:[email address]
2. http://www.dfat.gov.au/
3. mailto:[FOI #1857 email]
4. mailto:[DFAT request email]
5. https://www.righttoknow.org.au/change_re...
6. https://www.righttoknow.org.au/help/offi...
UNCLASSIFIED
Dear Mr Smith,
Please find attached the charges letter in relation to your FOI request.
Yours sincerely,
Holly Kendall
_______________________________
Legal Officer | FOI and Privacy Section
Corporate Legal Branch | Legal Division
Department of Foreign Affairs and Trade Phone 6178 5687
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.
-----Original Message-----
From: James Smith [mailto:[FOI #1857 email]]
Sent: Monday, 18 April 2016 3:31 PM
To: FOI
Subject: Freedom of Information request - Social media policy
Dear Department of Foreign Affairs and Trade,
I seek access to the following documents under the Freedom of Information Act 1982:
1. Current social media policy of the department, which covers departmental use and/or private use by employees in an individual capacity.
2. Any current guidance material which is available for employees to make informed decisions about their private social media use.
Yours faithfully,
James Smith
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1857 email]
Is [DFAT request email] the wrong address for Freedom of Information requests to Department of Foreign Affairs and Trade? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
Dear Holly,
Thank your for your letter.
If it assists the department, I am prepared to be provided the documents you have identified outside of the FOI act. I note that I have made this request to multiple departments, some of which have indicated this to be their preference to avoid unnecessary processing.
Otherwise, can you please provide a breakdown of the estimated charges, including detail of the expected processing time, and the cost per hour?
Thank you.
Yours sincerely,
James Smith
Sensitive:Legal
Dear Mr Smith,
Thank you for your email. I have attached a copy of the document on which we base the calculation of charges.
Please note that the charges have been calculated on the basis of preliminary searches, that have not necessarily uncovered all documents that will ultimately be relevant to your request.
As your request stands, the scope is quite broad. If the scope of the request was limited to point 1, "Current social media policy of the department, which covers departmental use and/or private use by employees in an individual capacity", charges would be reduced to $14.50.
Kind regards,
Holly Kendall
_______________________________
Legal Officer | FOI and Privacy Section
Corporate Legal Branch | Legal Division
Department of Foreign Affairs and Trade Phone 6178 5687
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.
-----Original Message-----
From: James Smith [mailto:[FOI #1857 email]]
Sent: Thursday, 19 May 2016 7:24 PM
To: FOI
Subject: RE: Freedom of Information request - Social media policy [SEC=UNCLASSIFIED]
Dear Holly,
Thank your for your letter.
If it assists the department, I am prepared to be provided the documents you have identified outside of the FOI act. I note that I have made this request to multiple departments, some of which have indicated this to be their preference to avoid unnecessary processing.
Otherwise, can you please provide a breakdown of the estimated charges, including detail of the expected processing time, and the cost per hour?
Thank you.
Yours sincerely,
James Smith
-----Original Message-----
UNCLASSIFIED
Dear Mr Smith,
Please find attached the charges letter in relation to your FOI request.
Yours sincerely,
Holly Kendall
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1857 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
Dear Holly,
Thank you for your email.
I kindly ask the department to consider releasing the requested information without charges, as this the requested information is, in my view, in the public interest.
With regard to the scope of my request, perhaps it would assist you if I clarified point 2 of my request? I would be happy to limit this point to any 'case studies' or 'examples' given to staff which address the topic of private use of social media.
Yours sincerely,
James Smith
Sensitive:Legal
Dear Mr Smith,
Please find attached the Department's decision on your request to waive charges on public interest grounds.
Kind regards,
Holly Kendall
_______________________________
Legal Officer | Freedom of Information and Privacy Law Section Corporate Legal Branch | Legal Division Department of Foreign Affairs and Trade Phone +61 2 6178 1111
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.
Sensitive:Legal
FOI Ref: 1604-R1452L
File No: 16/11973
Dear Mr Smith,
Thank you for your e-mail dated 23 July 2016 applying for an internal
review of the decision by Marie-Charlotte McKenna on 20 June 2016 not to
waive the charges imposed on your request for access to documents relating
to the Department's Social Media Policy under the Freedom of Information
Act 1982 (Cth). I note that applicants have 30 days to apply for internal
review of a decision on charges and your request was not received within
in the required time (Freedom of Information Act 1982 (Cth) s 54B(1)(b)).
In any case, the Department has accepted your request for internal review.
A new decision-maker will be appointed to undertake the internal review of
Marie-Charlotte McKenna’s decision not to waive charges. The new
decision-maker will write to you directly to advise you of his or her
decision.
In the meantime, should you have any queries, please contact me on (02)
6178 1111, or at [DFAT request email].
Yours sincerely
Helen Horsington
Director
Freedom of Information and Privacy Law Section
-----Original Message-----
From: James Smith [[1]mailto:[FOI #1857 email]]
Sent: Saturday, 23 July 2016 10:38 AM
To: FOI
Subject: Internal review of Freedom of Information request - Social media
policy
Dear FOI,
I'd like to request an internal review, please.
Yours sincerely,
James Smith
-----Original Message-----
Sensitive:Legal
Dear Mr Smith,
Please find attached the Department's decision on your request to waive
charges on public interest grounds.
Kind regards,
Holly Kendall
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[2][FOI #1857 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[3]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
Visible links
1. mailto:[FOI #1857 email]
2. mailto:[FOI #1857 email]
3. https://www.righttoknow.org.au/help/offi...
Sensitive:Legal
Dear Mr Smith,
Please find attached the Department’s internal review of the decision to
impose charges on your request for access to documents relating to the
Department's Social Media Policy under the Freedom of Information Act 1982
(Cth).
Should you have any queries, please contact me on (02) 6178 1111, or at
[1][DFAT request email].
Kind regards,
Holly Kendall
_______________________________
Legal Officer | FOI and Privacy Section
Corporate Legal Branch | Legal Division
Department of Foreign Affairs and Trade
Phone 6178 5687
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.
_____________________________________________
From: Kendall, Holly On Behalf Of FOI
Sent: Wednesday, 27 July 2016 9:12 AM
To: James Smith
Subject: RE: Internal review of Freedom of Information request - Social
media policy [DLM=Sensitive:Legal]
Sensitive:Legal
FOI Ref: 1604-R1452L
File No: 16/11973
Dear Mr Smith,
Thank you for your e-mail dated 23 July 2016 applying for an internal
review of the decision by Marie-Charlotte McKenna on 20 June 2016 not to
waive the charges imposed on your request for access to documents relating
to the Department's Social Media Policy under the Freedom of Information
Act 1982 (Cth). I note that applicants have 30 days to apply for internal
review of a decision on charges and your request was not received within
in the required time (Freedom of Information Act 1982 (Cth) s 54B(1)(b)).
In any case, the Department has accepted your request for internal review.
A new decision-maker will be appointed to undertake the internal review of
Marie-Charlotte McKenna’s decision not to waive charges. The new
decision-maker will write to you directly to advise you of his or her
decision.
In the meantime, should you have any queries, please contact me on (02)
6178 1111, or at [2][DFAT request email].
Yours sincerely
Helen Horsington
Director
Freedom of Information and Privacy Law Section
-----Original Message-----
From: James Smith [[3]mailto:[FOI #1857 email]]
Sent: Saturday, 23 July 2016 10:38 AM
To: FOI
Subject: Internal review of Freedom of Information request - Social media
policy
Dear FOI,
I'd like to request an internal review, please.
Yours sincerely,
James Smith
-----Original Message-----
Sensitive:Legal
Dear Mr Smith,
Please find attached the Department's decision on your request to waive
charges on public interest grounds.
Kind regards,
Holly Kendall
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #1857 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[5]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
Visible links
1. mailto:[DFAT request email]
2. mailto:[DFAT request email]
3. mailto:[FOI #1857 email]
4. mailto:[FOI #1857 email]
5. https://www.righttoknow.org.au/help/offi...
Locutus Sum left an annotation ()
Note to administrators: I cannot send you a note because RtK ("Notify an administrator") is now always rejecting my messages an I get a bounce in my emal.
I tried to classify this request status but there is a problem that I have seen in the past. When the applicant has made a request for an internal review of charges (!) the classification system gives choices that only apply to an internal review of the access decision (documents refused, etc). On this application, the internal review decision is to keep the charges but there is not yet a decision about the documents.
Locutus Sum left an annotation ()
It is not good sense only to ask for an internal review. You will have very little chance. It is much better when you can explain why you think that there should be no charge and also explain why it is in the public interest. For this reason it is a good idea to read the notes that the Information Commissioner has written to explain the public interest test.
Also, in the request, it would have been a good idea to repeat that you would like the request to be processed outside the FOI Act if possible. Then they should explain why they could not do that.