14 January 2016
Mr Ben Fairless
Email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx In reply please quote:
FOI Request: FA 15/12/01765
File Number: ADF2015/70046
Dear Mr Fairless
Acknowledgement of Freedom of Information Access request
This letter refers to an access request received under the
Freedom of Information Act 1982 (the FOI Act) on 25 December 2015, seeking access to:
Part 1 Clarification
------------------------
- The request is for internal documents, including documents between the department
and it's contractors, agents or solicitors that relate to how the Department handles
FOI requests via the Right to Know website.
- The request specifically excludes documents that I have been provided in the past.
Part 2 Clarification
------------------------
I have performed a search using the Right to Know website using the search term "I
am not satisfied that the web address you have provided" (the first part of the
statement mentioned in Part 2. The search can be run by clicking this link:
<https://www.righttoknow.org.au/search/%22I%20am%20not%20satisfied%20that%2
0the%20web%20address%20you%20have%20provided%22/all>
5 of these responses were sent on the 15h of June 2015. Of these, none of the
applications relate to personal information:
<https://www.righttoknow.org.au/request/mental_health_of_child_asylum_se>
<https://www.righttoknow.org.au/request/detainee_suicides_in_australian>
<https://www.righttoknow.org.au/request/use_of_observation_rooms_at_vill>
<https://www.righttoknow.org.au/request/death_threats_made_against_villa>
<https://www.righttoknow.org.au/request/correspondence_between_the_depar>
The above emails, sent by the Department, are in direct contradiction to a letter sent
by Abigail Bradshaw, National Manager, Parliamentary and Executive Coordination
Branch to the Office of the Australian Information Commissioner on 25 July 2014 in
response to a complaint that I made regarding this behaviour. In that letter, she states
that "FOI officers have been instructed that RTK email addresses are to be treated as
valid addresses for notice, as required by s.15(2)(c) of the FOI Act".
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone 02 6264 1111 • Facsimile 02 6225 6970• Website:
www.border.gov.au
- 2 -
If it assists me in revising Part 2, I seek:
- Documents which relate to the decision to send emails to FOI applicants via Right to
Know with the below statement:
"I am not satisfied that the web address you have provided meets the requirement of
‘details of how notices under the FOI Act may be sent to the applicant’ (s.15(2)(c) of
the FOI Act). Rather, the address you have provided appears to be an address for
publication of correspondence on the internet."
- A copy of the template(s) used to respond to requests that are not for personal
information via Right to Know
- A copy of the template(s) used to respond to requests only for personal information
via Right to Know
- A copy of any internal documents created which relate to the alteration of the
instructions mentioned by Abigail Bradshaw in her letter of 25 July 2014.
I limit the timeframe of the request to the last 6 months, and specifically exclude
duplicates.
Your request has been allocated FOI request number FA 15/12/01765. Please include your
FOI request number in all correspondence with the Freedom of Information (FOI) Section.
Processing times The statutory time allowed under the FOI Act for processing requests is 30 days. Requests
are generally processed in the order in which they are received.
I note that on 25 December 2015 you indicated that you would be happy to provide a 14 day
extension of time for the processing of your request. The Department has accepted this
email as confirmation that you have agreed to extend the processing time under s.15AA of
the FOI Act. Thank you for extending the processing time for your request.
The due date for your request is 7 February 2016.
If this is not accurate please notify me in writing as soon as possible.
Contacting the FOI Section
If you wish to discuss your access request you may contact the FOI Section using the details
provided below.
Yours sincerely
Janelle Raineri
FOI Officer | Freedom of Information Section
Department of Immigration and Border Protection
Telephone
02 6264 1580
Email
xxx@xxxxxx.xxx.xx
