Vote Secrecy in the 2024 ACT Election

Response to this request is delayed. By law, ACT Electoral Commission should normally have responded promptly and by (details)

Dear ACT Electoral Commission,

In accordance with the Freedom of Information Act 2016, I apply for access to documents, including correspondence, held by the Commission in relation to vote secrecy in the 2024 legislative assembly election.

The specific documents I request are:
- Documents relied upon by the commissioner to determine that Computer Programs used for the 2024 election satisfy the requirements of the Electoral Act: "the program will… not allow a person to find out how a particular elector cast his or her vote".
- Discussion, analysis, and responses to any vote secrecy issues discovered in any versions of 2024 election systems.

I ask that the documents be supplied to me in electronic form by reply email to this address. There is no need to supply documents already provided in response to previous requests.

Yours faithfully,

Ty Wilson-Brown

Elections ACT, ACT Electoral Commission

OFFICIAL

OFFICIAL

Dear Ty Wilson-Brown

ACKNOWLEDGEMENT OF YOUR ACCESS APPLICATION

I am writing to acknowledge receipt of the access application you made under the Freedom of Information Act 2016 (the FOI Act) dated 4 November 2024.

Your application requested access to:

"...documents, including correspondence, held by the Commission in relation to vote secrecy in the 2024 legislative assembly election.

The specific documents I request are:
- Documents relied upon by the commissioner to determine that Computer Programs used for the 2024 election satisfy the requirements of the Electoral Act: "the program will... not allow a person to find out how a particular elector cast his or her vote".
- Discussion, analysis, and responses to any vote secrecy issues discovered in any versions of 2024 election systems.

I ask that the documents be supplied to me in electronic form by reply email to this address. There is no need to supply documents already provided in response to previous requests."

TIMEFRAME
Your application was received by Elections ACT on 4 November 2024. Under section 40(1) of the FOI Act, we have 30 working days from this date to process your access application. As a result, you should expect a decision from us by 16 December 2024. This period may, however, be extended if we need to consult third parties or for other reasons set out in the FOI Act. We will notify you if this is the case.

CHARGES
You will not be charged unless we advise you that charges are payable in relation to your access application, and you choose to proceed.

DISCLOSURE LOG
Section 28 of the FOI Act requires publication on our disclosure log of access applications and any information subsequently released. Our disclosure log is at https://www.elections.act.gov.au/about_u...
This means that if you are granted access to the information requested, it will also be made publicly available on our website, unless your access application is for personal information, or information about your business, commercial, financial or professional affairs where the publication of the information would be unreasonable in the circumstances.

FURTHER ASSISTANCE
If you have any questions in relation to your access application, please contact me on (02) 6205 0033 or [ACT Electoral Commission request email]

Yours sincerely
Rachel U'Ren

Rachel U'Ren (she/her) | Complaints and Records Manager
Phone: (02) 6205 0033 | Email: [ACT Electoral Commission request email] Elections ACT | ACT Government
3 Constitution Ave, Canberra | GPO Box 172 Canberra ACT 2601 | http://www.elections.act.gov.au/

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Elections ACT, ACT Electoral Commission

OFFICIAL

OFFICIAL

Dear Ty Wilson-Brown

THIRD PARTY CONSULTATION UNDER THE FREEDOM OF INFORMATION ACT 2016

I refer to your access application under the Freedom of Information Act 2016 (FOI Act), received by Elections ACT on 4 November 2024, regarding Vote Secrecy in the 2024 ACT Election.

I am writing to tell you that we have identified information relevant to your application that concerns the affairs of a third party. This information is expected to be of concern to the third party because it relates to their personal or business affairs, or the affairs of a government or government agency. Under section 38 of the FOI Act, we are required to consult with the third party before making a decision on the release of this information.

The decision-maker will take into account any comments we receive from the third party. However, the final decision on whether to grant you access to the information requested rests with the decision-maker.

Under section 40 (1) of the FOI Act, we must respond to your application within 30 working days of receipt. Section 40 (2) provides for an additional 15 working days in order to allow us to consult with a third party. Therefore a decision on your access application is now due on 14 January 2025.

If you have any questions in relation to your access application, please contact me on (02) 6205 0033 or [ACT Electoral Commission request email]

Yours sincerely
Rachel U'Ren (she/her) | Complaints and Records Manager
Phone: (02) 6205 0033 | Email: [ACT Electoral Commission request email]
Elections ACT | ACT Government
3 Constitution Ave, Canberra | GPO Box 172 Canberra ACT 2601 | www.elections.act.gov.au

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