If not delivered return to PO Box 7820 Canberra BC ACT 2610
22 September 2015
Mr Gino Iannazzo
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our reference: LEX 15507
Dear Mr Iannazzo
Your Freedom of Information Request - Consultation
1.
I refer to your request, dated 15 September 2015 and received by the Department of
Human Services (the
department) on the same date, for access under the
Freedom of
Information Act 1982 (the
FOI Act) to the following documents:
‘National Welfare Fund 01/01/1946 was established by the Prime Minister Chiefly by
charging all Taxpayer 7.5% levy. Like to know what happened to the fund and all the
money accumulated belonging to the Australian Pensioners.’
2.
I am authorised to make decisions under section 23(1) of the FOI Act.
3.
I am writing to notify you of my intention to refuse your freedom of information (
FOI)
request on the basis that a practical refusal reason exists, as defined under section
24AA of the FOI Act.
4.
In particular, I consider that your request does not satisfy the requirements of a valid
FOI request as provided in section 15(2)(b) of the FOI Act (identification of documents).
5.
Before I make a final decision to refuse your request, you have an opportunity to revise
the request to make it valid. This is called a 'request consultation process' as set out
under section 24AB of the FOI Act. You have 14 days to respond to this notice in one
of the ways set out below.
Why I intend to refuse your request
6.
Section 24AA(1)(b) of the FOI Act provides that a practical refusal reason exists in
relation to a request for a document if the request does not satisfy the requirements in
section 15(2)(b) of the FOI Act.
7.
Section 15(2)(b) of the FOI Act provides that a request must provide such information
as is reasonably necessary to enable the agency to identify the documents that are
being requested.
8.
I also note that the right of access under the FOI Act is a right to access documents,
rather than a right to access to information or to have a question answered. You have
requested information.
PAGE 1 OF 6
9.
Further, you have not provided any information that enables the department to
undertake meaningful and relevant searches for the document/s you are seeking
access to under FOI processes.
10. Please inform the department of the type of document/s or categories of documents
you are seeking access to.
11. Without further information as set out above, your request does not comply with section
15(2)(b) of the FOI Act and is not a valid FOI request.
12. Section 15(2) of the FOI Act provides that the following requirements must be satisfied
for there to be a valid request for access to documents:
• the request must be in writing;
• state that the request is an application for the purposes of the FOI Act;
• provide such information as is reasonably necessary to enable the department to
identify the document being requested; and
• provide details of how correspondence may be sent.
13. I have also decided that a practical refusal reason also exists under section 24AA(1)(b)
of the FOI Act in relation to your request.
Documents not likely to be held by this Department
14. I note that it is unlikely that the department holds the type of information you are
seeking access to. I suggest that you withdraw your current FOI request with the
department and submit a fresh request to the Department of Finance and/or The
Treasury. The nature of your request is more closely aligned with the functions and
responsibilities of the Department of Finance and/or The Treasury.
15. A request under the FOI Act can be submitted to the Department of Finance in writing
to:
The FOI Coordinator
Legal Services Branch
Department of Finance
John Gorton Building
King Edward Terrace
PARKES ACT 2600
16. Alternatively, requests may also be lodged by email t
o xxx@xxxxxxx.xxx.xx or you could
discuss any prospective request with Finance by calling them on (02) 6215 1783.
17. A request under the FOI Act can be submitted to The Treasury in writing to:
Freedom of Information
The Treasury
Langton Crescent
PARKES ACT 2600
18. Alternatively, you can visit The Treasury’s webpage and submit a request online. The
Treasury’s webpage can be accessed at the following address:
http://www.treasury.gov.au/Access-to-Information/FOIProcess
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Department of Human Services
Request consultation process
19. You now have an opportunity to revise your FOI request to enable it to proceed.
20. If you wish to continue with your current request to this department you will need to,
consider the issues I have raised in paragraphs 6—12, set out above, when revising
the scope of your FOI request to ensure that it is a valid request.
21. Before the end of the consultation period you must do one of the following, in writing:
withdraw your request;
make a revised request (see
Attachment A); or
indicate that you do not wish to revise the request.
22. The consultation period runs for 14 days and starts on the day after you receive this
notice.
23. I have enclosed a form at
Attachment A to assist you to revise your request in writing.
24. If you do not do one of the three things listed above during the consultation period or
you do not consult the contact person during this period, your request will be taken to
have been withdrawn.
Contact officer
25. I am the contact officer for this request.
26. During the consultation period you are welcome to seek assistance. If you revise your
request in a way that adequately addresses the practical refusal grounds outlined
above, we will recommence processing it.
27. Please note that the time taken to consult you regarding the scope of your request is
not taken into account for the purposes of the 30 day time limit for processing your
request.
28. If you would like to revise your request or have any questions, you can contact me by
writing to the following address:
Attention: Rachel Noronha
FOI Team
Legal Services Division
Department of Human Services
PO Box 7820
Canberra Mail Centre ACT 2610
29. Alternatively, you can send an email to
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
30. Please quote ‘LEX 15507’ with any correspondence.
31. If you do not contact the department within this period, your FOI request will be taken
to have been withdrawn under section 24AB(7) and will not be dealt with any further.
32. Should you have any enquiries concerning this matter, please contact me. If you are
phoning long-distance, you may reverse the charges.
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Department of Human Services
Yours sincerely
Rachel Noronha
Government Lawyer
FOI & Litigation Branch
Legal Services Division
Department of Human Services
P: (02) 6223 4614
E: xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
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Department of Human Services
Attachment A
Freedom of Information (FOI) revised request
(s24AB request consultation)
Your details Name
Mr Gino Iannazzo
Date of Birth
FOI LEX number 15507
Initial request
‘National Welfare Fund 01/01/1946 was established by the
details
Prime Minister Chiefly by charging all Taxpayer 7.5% levy. Like
to know what happened to the fund and all the money
accumulated belonging to the Australian Pensioners.’
I, ____________, would like to revise my current FOI request to:
Other/general documents
□ Documents about my contact with the department
□ Other (
provide a comprehensive description of the documents you require
below)
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
___________________________________
2. Please provide any additional information to assist us to identify the documents.
Name of the document (if known):
____________________________________________
Reference/file number (if known):
____________________________________________
Additional information :
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
_______________________________________________________
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Department of Human Services
If you need more space, attach a separate sheet with details.
We can provide some documents to you without an FOI request.
3. If your request can be completed without a formal FOI request, do you want us to
send the documents to you this way?
□ Yes
□ No
Please submit this form to:
Attention: Rachel Noronha
FOI Team
Legal Services Division
Department of Human Services
PO Box 7820
Canberra Mail Centre ACT 2610
Alternatively, you can email it to the department
at xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Please quote ‘15507’ in your email.
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Department of Human Services
