Thank you for contacting the Freedom of Information unit at the Department
of Health and Human Services.

Your email has been received and you will receive a response regarding your
Freedom of Information or subpoena enquiry as soon as possible.

If you are seeking further information regarding Freedom of Information,
please refer to our website at
<http://www.dhs.vic.gov.au/for-individual...>

In response to:

Freedom of Information request - Victorian Government funding to Rugby
Union

Jack Maynes
to:
FOI requests at Victorian Department of Health and
Human Services
16/0
4/20
18
18:3
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Dear Victorian Department of Health and Human Services,
I respectfully request copies of the following documents which became
effective in 2017:

- VV Agreement / Visit Victoria Agreement

- Deed of Agreement with the DHHS

- DHHS Deed

- Victorian Rugby Partnership

as well as any correspondence between the dates June 2017 and October 2017
inclusive between:

- the Department and the Australian Rugby Union (ARU) , now known as Rugby
Australia

- the Department and the Victorian Rugby Union (VRU)

- the Department and Gary Gray, Director of SMC

kind regards

Yours faithfully,

J Mai

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #4469 email]

Is [Victorian Department of Health and Human Services request email] the wrong address for Freedom of Information
requests to Victorian Department of Health and Human Services? If so,
please contact us using this form:
https://urldefense.proofpoint.com/v2/url...

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://urldefense.proofpoint.com/v2/url...

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.

show quoted sections

Dear Mr Maynes
I refer to your application under the Freedom of Information Act 1982(the
Act) requesting access to:

‘I respectfully request copies of the following documents which became
effective in 2017:

- VV Agreement / Visit Victoria Agreement
- Deed of Agreement with the DHHS
- DHHS Deed
- Victorian Rugby Partnership
as well as any correspondence between the dates June 2017 and October 2017
inclusive between:
- the Department and the Australian Rugby Union (ARU), now known as Rugby
Australia
- the Department and the Victorian Rugby Union (VRU)
- the Department and Gary Gray, Director of SMC’
Your application was received on 17 April 2018.

The Act provides that an application fee of $28.40 must accompany each
request. Please forward a cheque or money order for $28.40, made payable
to the Department of Health and Human Services at the following address:

Freedom of Information unit
Department of Health & Human Services
GPO Box 4057
Melbourne Victoria 3001
The Act also provides that the application fee may be waived or reduced if
payment of the fee would cause financial hardship. If you consider this to
be the case the fee may be waived or reduced on production of a statement
of how the payment of the application fee would cause you hardship.

Please note your request cannot proceed until the application fee or your
statement of hardship has been received as it is not a valid request. I
would appreciate it if you would respond by 18 May 2018, otherwise I will
assume that you do not wish to proceed with your request and no further
action will be taken by the department.

I can be contacted via email at [Victorian Department of Health and Human Services request email] or on (03) 9096 2004.
Please quote our reference number (F18/0567) in any correspondence.

Regards,

Authorised Officer
Freedom of Information unit | Executive Services & Performance
Department of Health and Human Services
50 Lonsdale Street, Melbourne Victoria 3000
t. 9096 2004  | f. 9096 8848  | e. [Victorian Department of Health and Human Services request email]
w. [1]www.dhhs.vic.gov.au

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References

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1. file:///tmp/www.dhhs.vic.gov.au

Dear Mr Maynes,
I refer to your application under the Freedom of Information Act 1982
requesting access to:

‘I respectfully request copies of the following documents which became
effective in 2017:
- VV Agreement / Visit Victoria Agreement
- Deed of Agreement with the DHHS
- DHHS Deed
- Victorian Rugby Partnership

as well as any correspondence between the dates June 2017 and October 2017
inclusive between:

- the Department and the Australian Rugby Union (ARU), now known as Rugby
Australia
- the Department and the Victorian Rugby Union (VRU)
- the Department and Gary Gray, Director of SMC’

I also refer to my email dated 18 April 2018 requesting payment of the
application fee. Thank you for your money order received on 27 April 2018.
A receipt is attached. Please note the application fee is GST-free.

In responding to your application, it is our policy to make preliminary
enquiries to determine:

§        if the department is in possession of the documents you are
requesting
§        how many documents are involved
§        the effort required in retrieving and assessing the documents.

These enquiries may have several different outcomes.
§        Your application can proceed towards resolution in its original
form.
§        Your application may require some form of clarification to
proceed, for example, it may become apparent that an application does not
comply with section 17(2) of the Act, which requires that the request
should provide sufficient information for an officer to identify the
subject documents. Please note that should your application be unclear in
terms of section 17(2) of the Act, the statutory time period of 30 days
does not commence until we have received an effective clarification from
you.
§        You may be required to vary your application in order to avoid
refusal under section 25A of the Act.  In particular, section 25A(1) of
the Act states that the request may be refused if the work involved in
processing the request would substantially and unreasonably divert the
resources of the agency from its other operations.

Should either of these situations seem likely, I will contact you to
discuss how refusal may be avoided.

When the documents you have requested have been identified you may be
required to pay charges for access to the documents. The Act provides that
if we are of the opinion that these access charges are likely to exceed
$50.00, you are to be notified of the calculated charge and required to
pay a deposit if you choose to proceed with the request. Please note that
if a deposit is required and you decide to proceed with your request, the
statutory time period of 30 days does not commence until we have received
your deposit. I will contact you if access charges are applicable to this
request.

We endeavour to undertake these initial enquiries as quickly as possible,
however in some situations they may take longer than anticipated.
I can be contacted via email at [Victorian Department of Health and Human Services request email] or on (03) 9096 2004.
Please quote our reference number (F18/0567) in any correspondence.

Regards,

Authorised Officer
Freedom of Information unit | Executive Services & Performance
Department of Health and Human Services
50 Lonsdale Street, Melbourne Victoria 3000
t. 9096 8449  | f. 9096 8848  | e. [Victorian Department of Health and Human Services request email]
w. [1]www.dhhs.vic.gov.au

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References

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1. file:///tmp/www.dhhs.vic.gov.au

Dear Mr Maynes
Freedom of Information Application
Section 17(2) Clarification
I refer to your application under the Freedom of Information Act
1982requesting access to:

‘I respectfully request copies of the following documents which became
effective in 2017:
- VV Agreement / Visit Victoria Agreement
- Deed of Agreement with the DHHS
- DHHS Deed
- Victorian Rugby Partnership
as well as any correspondence between the dates June 2017 and October 2017
inclusive between:
- the Department and the Australian Rugby Union (ARU), now known as Rugby
Australia
- the Department and the Victorian Rugby Union (VRU)
- the Department and Gary Gray, Director of SMC’
Preliminary enquiries have been conducted and I write to advise that
pursuant to section 17(2) of the Act, it will be necessary for you to
further clarify, or specify, your request so that specific documents can
be identified.  

Please note that section 17(2) states:

“A request shall provide such information concerning the document as is
reasonably necessary to enable a responsible officer of the agency, or the
Minister, as the case may be, to identify the document.”

In accordance with this section of the Act, an applicant is required to
provide such information concerning the documents they seek as is
reasonably necessary to enable the department to identify the documents.

An applicant must define with as much precision as possible the documents
sought. For example, information must be provided so that the documents
can properly be identified by date or within a reasonable time period. In
addition, applicants must make requests for specific documents or groups
of documents, not for every document in a broad category.

The terms of your request include reference to a ‘Deed of Agreement with
the DHHS’. This wording does not provide sufficient information to enable
relevant documents to be identified, as it is unclear which body/entity is
also a party to the Deed of Agreement with DHHS, to which you seek access.

The relevant program area within the department has advised that DHHS has:

·        one agreement with Australian Rugby Union (ARU) which became
effective in 2017;

·        multiple agreements with Victorian Rugby Union (VRU); and

·        multiple agreements with individual Rugby clubs around the state.

Accordingly, I invite you to consult with the department with a view to
amending or clarifying your request so that it is in a form that complies
with section 17 of the Act and provides the information necessary to
identify the documents sought.

In order to assist you with clarification, you may wish to clarify your
request in the following way:

‘I respectfully request copies of the following documents which became
effective in 2017:
- VV Agreement / Visit Victoria Agreement
- Deed of Agreement between the DHHS and [insert party]
- Victorian Rugby Partnership
as well as any correspondence between the dates June 2017 and October 2017
inclusive between:
- the Department and the Australian Rugby Union (ARU), now known as Rugby
Australia
- the Department and the Victorian Rugby Union (VRU)
- the Department and Gary Gray, Director of SMC’
Until your request is amended as required by section 17 of the Act, it
cannot be processed and the 30 day period within which a decision must be
made on your request has not commenced.

Please note, even with clarification, it may be determined that the work
involved in processing your request would divert the resources of the
department substantially and unreasonably from its other operations and
further consultation may be necessary. If this is the case, you will be
advised in writing.

I would appreciate it if you would respond to the issues raised above by
22 June 2018, otherwise I will assume that you do not wish to clarify your
request and no further action will be taken by the department.

Should you wish to discuss the clarification of your request, I can be
contacted via email at [Victorian Department of Health and Human Services request email] or on (03) 9096 2004. Please
quote our reference number (F18/0567) in any correspondence.

Regards,

Authorised Officer
Freedom of Information unit | Executive Services & Performance
Department of Health and Human Services
50 Lonsdale Street, Melbourne Victoria 3000
t. 9096 8449  | f. 9096 8848  | e. [Victorian Department of Health and Human Services request email]
w. [1]www.dhhs.vic.gov.au

show quoted sections

References

Visible links
1. file:///tmp/www.dhhs.vic.gov.au

Thank you for contacting the Freedom of Information unit at the Department
of Health and Human Services.

Your email has been received and you will receive a response regarding your
Freedom of Information or subpoena enquiry as soon as possible.

If you are seeking further information regarding Freedom of Information,
please refer to our website at
<http://www.dhs.vic.gov.au/for-individual...>

In response to:

Re: Section 17(2) Unclear Freedom of Information application - Reference
F18/0567

Jack Maynes
to:
FOI requests at Victorian Department of Health and
Human Services
23/0
5/20
18
03:5
4
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Dear Victorian Department of Health and Human Services,

I respectfully request copies of the following documents which became
effective in 2017:
- VV Agreement / Visit Victoria Agreement
- Deed of Agreement between the DHHS and Australian Rugby Union
- Victorian Rugby Partnership
as well as any correspondence between the dates June 2017 and October 2017
inclusive between:
- the Department and the Australian Rugby Union (ARU), now known as Rugby
Australia
- the Department and the Victorian Rugby Union (VRU)
- the Department and Gary Gray, Director of SMC

Yours faithfully,

Jack Maynes

show quoted sections

Dear Mr Maynes
Freedom of Information Request
Notice of Intention to Refuse Access to Documents - Section 25A
I refer to your clarified request under the Freedom of Information Act
1982(Vic) seeking access to:

‘I respectfully request copies of the following documents which became
effective in 2017:
- VV Agreement / Visit Victoria Agreement
- Deed of Agreement between the DHHS and Australian Rugby Union
- Victorian Rugby Partnership

as well as any correspondence between the dates June 2017 and October 2017
inclusive between:

- the Department and the Australian Rugby Union (ARU), now known as Rugby
Australia
- the Department and the Victorian Rugby Union (VRU)
- the Department and Gary Gray, Director of SMC’

The wording of the second part of your request and the search efforts that
would be required to fulfil it, place your request within section
25A(1)(a) of the Act, in that “the work involved in processing the
request…would substantially and unreasonably divert the resources of the
agency from its other operations.”

Preliminary enquiries have been conducted in relation to your request and
I have been advised that this request would pose a substantial and
unreasonable diversion of resources to process in its current form.

In relation to the second part of your request, it has been estimated that
there would be a large number of inboxes to search and emails to
independently review and assess to determine their relevance to your
request. Conducting a search of this nature and reviewing all of these
documents would be a very time consuming process. The relevant program
area advised that there is a large number of emails between the department
and the three parties in your request pertaining to various subject
matters. The diversion of staff from their core operations would be an
improper diversion of the department's resources and would therefore
present a substantial and unreasonable diversion of resources.

Further to this, even if all relevant documents could reasonably be
located, the work involved in completing an assessment of these documents
would substantially and unreasonably divert the resources of the Freedom
of Information unit. This has been determined given the current workload
and resources of the unit and the requirement to consult each of the
relevant parties or businesses in accordance with sections 33, 34 and 35
of the Act.

Therefore, and in accordance with section 25A(6)(a)(i) of the Act, I am
providing you with written notice of my intention to refuse to grant
access to the documents you have requested. In accordance with section
25A(6)(a)(ii) I am providing you with a reasonable opportunity to consult
so as to remove the grounds for refusal.

In an effort to assist you in avoiding refusal under section 25A, I
propose the following changes to your request so that it might proceed:

a)        that you limit the scope of ‘correspondence’ to a particular
subject matter. You may wish to do so by providing specific keywords to
assist with undertaking the search; and

b)        that you narrow the time frame of your request to a one month
period.

Please also note that acceptance of my suggestion does not imply that such
documents will be released without exemptions being applied.  The
documents that fall within the scope of your request will be assessed in
accordance with the Act to determine if exemptions apply.

Your request cannot proceed until written notification of your amended
request has been received. I would appreciate it if you would respond to
the issues raised above by 13 July 2018, otherwise your request will be
refused in accordance with section 25A of the Act.

If you would like to consult me with a view to removing the grounds for
refusal of your request, I can be contacted on (03) 9096 2004.
Alternatively, you may write to me via email at [Victorian Department of Health and Human Services request email].
Please quote our reference number (F18/0567) in any correspondence.

Yours sincerely,

Authorised Officer
Freedom of Information unit | Executive Services & Performance
Department of Health and Human Services
50 Lonsdale Street, Melbourne Victoria 3000
t. 9096 8449  | f. 9096 8848  | e. [Victorian Department of Health and Human Services request email]
w. [1]www.dhhs.vic.gov.au

show quoted sections

References

Visible links
1. file:///tmp/www.dhhs.vic.gov.au

Thank you for contacting the Freedom of Information unit at the Department
of Health and Human Services.

Your email has been received and you will receive a response regarding your
Freedom of Information or subpoena enquiry as soon as possible.

If you are seeking further information regarding Freedom of Information,
please refer to our website at
<http://www.dhs.vic.gov.au/for-individual...>

In response to:

Re: F18/0567 - Notice of Intention to Refuse Access to Documents -
Section 25A

Jack Maynes
to:
FOI requests at Victorian Department of Health and
Human Services
14/0
6/20
18
19:1
6
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Dear Victorian Department of Health and Human Services,

Thank you for your reply seeking clarification.

I respectfully request copies of the following documents which became
effective in 2017:
- VV Agreement / Visit Victoria Agreement
- Deed of Agreement between the DHHS and Australian Rugby Union
- Victorian Rugby Partnership

as well as correspondence:

- Justin Burney and Bill Pulver in June 2017 Re: Updated Term Sheet
- Christina Smith and Gary Gray in July 2017 Re: Transfer of Shares in
MRRUPL to Victorian Rugby
- Richard Lativy and Gary Gray in July 2017 Re: REBELS - VV revised draft
letter

Yours faithfully,

Jack Maynes

show quoted sections

Thank you for contacting the Freedom of Information unit at the Department
of Health and Human Services.

Your email has been received and you will receive a response regarding your
Freedom of Information or subpoena enquiry as soon as possible.

If you are seeking further information regarding Freedom of Information,
please refer to our website at
<http://www.dhs.vic.gov.au/for-individual...>

In response to:

Re: Freedom of Information request - Victorian Government funding to
Rugby Union

Jack Maynes
to:
FOI requests at Victorian Department of Health and
Human Services
31/0
7/20
18
13:4
9
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Dear Victorian Department of Health and Human Services,
(Your reference F18/0567)

I have not received a response to my request for information regarding the
Victorian Government funding to Rugby Union. As a taxpayer, it is important
that this information be made known, since money is being paid to a
privately owned entity for no specific performance to Victorian taxpayers.

The original request was made on 5 April 2018, some four months ago. It has
been delayed time and time again due to your request for more information
and a payment. All of which have been provided.

Could you please provide a response in a timely manner, or explain the
reason for the delay.

The request is as follows:
I respectfully request copies of the following documents which became
effective in 2017:
- VV Agreement / Visit Victoria Agreement
- Deed of Agreement between the DHHS and Australian Rugby Union
- Victorian Rugby Partnership

as well as correspondence:

- Justin Burney and Bill Pulver in June 2017 Re: Updated Term Sheet
- Christina Smith and Gary Gray in July 2017 Re: Transfer of Shares in
MRRUPL to Victorian Rugby
- Richard Lativy and Gary Gray in July 2017 Re: REBELS - VV revised draft
letter

Yours faithfully,

Jack Maynes

show quoted sections

Dear Mr Maynes,

I refer to the above-mentioned FOI request and attach a copy of the
decision letter dated 20 August 2018.

Kind regards,

Authorised Officer
Freedom of Information unit | Executive Services & Performance
Department of Health and Human Services
50 Lonsdale Street, Melbourne Victoria 3000
t. 9096 8449  | f. 9096 8848  | e. [Victorian Department of Health and Human Services request email]
w. [1]www.dhhs.vic.gov.au

show quoted sections

References

Visible links
1. file:///tmp/www.dhhs.vic.gov.au