Dear FOI Team,

I would like to see:

1) date, time, caller number, destination number, call duration and (where available) geographical origin of all telephone calls made between Regional Incubator Facilitator [Name Hidden] and any Department telephone number (or Department officer) from 1/11/2018 until 1/12/2018 inclusively and from 28/10/2019 until 15/12/2019 inclusively;

and

2) date, time, sender number, destination number, content and (where available) geographical origin of all SMS messages exchanged between Regional Incubator Facilitator [Name Hidden] and any Department telephone number (or Department officer) from 1/11/2018 until 1/12/2018 inclusively and from 28/10/2019 until 15/12/2019 inclusively;

Yours faithfully,

Harry Witherspoon

Dear FOI Team,

Can you please confirm receipt of this FOI request?

Yours faithfully,

Harry Witherspoon

Dear Sasha,

To constrain the request such that it may be more manageable, please treat the request as follows:

- date, time, caller number, destination number, call duration and (where available) geographical origin of all telephone calls made by Regional Incubator Facilitator [Name Hidden] to any Department telephone number (or Department officer) from 1/11/2018 until 22/11/2018 inclusively and from 28/10/2019 until 15/12/2019 inclusively.

This will reduce the request drastically by limiting the query to calls made by [Name Hidden] exclusively.

Yours sincerely,

Witherspoon

Dear Sasha,

For each call, please also include (and do not redact) the name of the APS employee whose telephone number was dialed irrespective of SES level.

If the department redacts telephone numbers, please do not redact the 3 digits of each.

Yours sincerely,

Witherspoon

Dear Andrew,

Please note that the request (1) had been extensively constrained to calls only made by [Name Hidden] - I had emphasised this point.

The search and processing time for this request should not exceed 30 minutes.

Please also note that you have failed to respond, let alone make a decision for, this FOI request within the legislated timeframes.

I will keep an open mind as to motives and circumstances, and should you fail to disclose all phonecalls as requested by end of day on Monday I will file a formal complaint with your department and the OAIC.

Yours sincerely,

Harry Witherspoon

Dear Freedom of Information,

I am requesting a decision review pursuant to s. 54 of the FOI Act.

Please note that the department's claim that I did not ‘introduce any limiting factors’ to item 1 is blatantly false; I did so with clear emphasis [1].

Further, the department's claim that the FOI decision was ‘made within the statutory timeframes’ [2] is also false as the department is in breach of ss. 15(5)(a) & 15(5)(b) of the FOI Act [3-4].

Please release the information as requested.

Yours faithfully,

Harry Witherspoon

REFERENCES

[1] Amendment of FOI 66692 item 1 - https://www.righttoknow.org.au/request/t...

[2] Quote 'decision was made within the statutory timeframes' - https://www.righttoknow.org.au/request/t...

[3] Section 24AB(8) of the FOI Act - 'The period starting on the day an applicant is given a notice under subsection (2) and ending on the day the applicant does one of the things mentioned in paragraph (6)(b) or (c) is to be disregarded in working out the 30 day period mentioned in paragraph 15(5)(b)'.

[4] Appropriate application of s. 24AB(8) of the Act by ASIC under 'Timeframe' - https://www.righttoknow.org.au/request/5...