Freedom of Information
CP1-6-001
PO Box 7910
CANBERRA BC ACT 2610
Tel: 02 626 62200
Fax: 02 626 62112
xxx@xxxxxxx.xxx.xx
Our reference: FOI 231/15/16
Mr Winston Smith
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
NOTICE OF PRELIMINARY ASSESSMENT OF CHARGES
1.
I refer to your request of 3 February 2016 in which you requested access, under the
Freedom of Information Act 1982 (FOI Act), to:
“documents pertaining to attempted mutinies and those charged with mutiny in the Royal
Australian Navy, on shore or at sea, between 1970 - 2016.
documents outlining the protocols and procedures relevant to addressing dissent at sea, and
protocols and procedures for legally relieving a superior officer of their command while at
sea.”
REVISED SCOPE
2.
I note that part of your request relates to documents between 1970 and 1991, which are
in the open access period. Documents in the open access period are considered under the
Archives Act, not the FOI Act. You will need to approach the National Archives of Australia
for this component. Accordingly, the scope of your request will be:
“Item 1: documents pertaining to attempted mutinies and those charged with mutiny in the
Royal Australian Navy, on shore or at sea, between 1992 - 2016.
Item 2: documents outlining the protocols and procedures relevant to addressing dissent at
sea, and protocols and procedures for legally relieving a superior officer of their command
while at sea.”
3.
Should documents be found matching the scope of the request, Defence will exclude
duplicates of documents.
SEARCHES CONDUCTED
4.
On receipt of your request, our office undertook some preliminary searches and
inquiries to determine where documents would likely be held, if they existed.
5.
Navy advised that if documents existed matching the scope of Item 1, the information
would likely be held in either the Defence Policing and Security Management System
2
(DPSMS) or Naval Personnel Establishment and Management System (NPEMS). DPSMS is
currently used to record all military police investigations and DFDA charges. DPSMS was
introduced in 2001. Prior to migration to the current ADF personnel management system,
Navy used NPEMS as its personnel management system. NPEMS was introduced in 1989 but
contains electronic data from Navy's previous personnel management systems which were
first introduced in the 1960s. NPEMS records data on DFDA cases where a guilty finding was
made. As such, if anyone was charged with mutiny it should be recorded on one of these
systems.
LIABILITY TO PAY CHARGES
6.
In accordance with section 29 of the FOI Act, Melissa Davidson, Assistant Director,
FOI, deemed that you are required to pay a charge for processing your request.
7.
The decision regarding payment of a charge does not mean that you are required to pay
now. You will only be required to pay if, after consideration of your response to this letter, the
decision is made to impose a charge.
PRELIMINARY ASSESSMENT OF CHARGES
8.
The preliminary assessment of the charge is $90.00. You are required to pay a deposit
of $20.00. A breakdown of the charges is at Enclosure 1.
9.
Please note that this estimate of charges is based on conducing electronic searches of
DPSMS and NPEMS only. While Navy has estimated charges associated with processing this
request, preliminary searches and inquiries suggest that no documents exist. However, further
searches would need to be conducted if you proceeded with this request.
DEPOSIT REQUIRED
10. If you wish to proceed with your request, and agree to pay the charge, a deposit is
required as indicated above in the preliminary assessment of charges.
11. Please complete the authorisation form at Enclosure 2 and return it. Processing will
recommence on receipt of the deposit payment.
RESPONSE TO THIS NOTICE
12. Under the FOI Act 1982 you have 30 days of receipt of this letter, to notify the
Department of your decision to:
a.
withdraw your request (you will not be required to pay any charges); or
b.
agree to pay the charges as set out in the preliminary assessment of charges;
or
c.
contest that the charge has been wrongly assessed, or should be reduced or
not imposed (you should give your full reasons for doing so); or
d.
reduce the scope of your request. Defence will offer you one opportunity to
consult our office to reduce the scope of your request and revise the preliminary
assessment of charges.
13. If you require additional time to respond, please contact this office.
3
14. If you do not respond to this letter within 30 days or by the extension date provided by
this office, it will be assumed you have withdrawn your request.
CHALLENGING ASSESSMENT OF CHARGES
15. If you wish to contest the charges for your request, the decision maker will consider all
relevant reasons which include the following:
a.
whether payment of the charge, or part of it, would cause you financial
hardship and
b.
whether the giving of access to the documents requested is in the general
public interest or in the interest of a substantial section of the public.
FURTHER INFORMATION
16. If you proceed with the request, when a decision letter is sent to you, an invoice for the
outstanding balance of charges will be raised and forwarded to you within 5 working days.
Documents will not be released until we receive your proof of payment.
17. In accordance with the requirements of section 11C of the FOI Act, Defence is required
to publish, on its website, information released under the FOI Act within 10 working days of
the applicant being given access to documents. Defence will also publish the decision notice,
with personal and business information deleted.
ADDITIONAL DOCUMENTS
18. Navy has also suggested that you might be interested in the book
Mutiny! Naval
Insurrections in Australia and New Zealand by Tom Frame and Kevin Baker, published in
2000.
19. Please contact me if you have any questions about this matter.
Yours sincerely
Vanessa Elphick
FOI Case Officer
Freedom of Information
15 February 2016
Enclosures:
1.
Breakdown of Charges
2.
FOI – Deposit authorisation
Freedom of Information
CP1-6-001
PO Box 7910
CANBERRA BC ACT 2610
Tel: 02 626 62200
Fax: 02 626 62112
xxx@xxxxxxx.xxx.xx
Enclosure 1
BREAKDOWN OF CHARGES
Search and retrieval time
6 hours @ $15 per hour
$ 90
.00
Decision-making time:
Examination of documents
@ $20 per hour
$ -
Consulting outside of Defence
@ $20 per hour
$ -
Making copies of documents
@ $20 per hour
$ -
Preparing decision notice
1 hour & 30 minutes @ $20 per hour
$ 3
0.00
Other decision making tasks
@ $20 per hour
$ -
Copying of documents
0 pages @ 10 cents per page
$ -
production of CD
$ -
GST (Exempt):
Nil
Sub total:
$ 1
20.00
Less
0 percent reduction for personal information $ -
Less
1 hour & 30 minutes of free decision making $ 30
.00
Total
$ 90
.00
Deposit required
$ 20.00
Freedom of Information
CP1-6-001
PO Box 7910
CANBERRA BC ACT 2610
Tel: 02 626 62200
Fax: 02 626 62112
xxx@xxxxxxx.xxx.xx
Enclosure 2
FREEDOM OF INFORMATION REQUEST - PAYMENT AUTHORISATION
FULL NAME or ORGANISATION
Service or PMKEYS ID (if applicable)
POSTAL ADDRESS:
CONTACT PHONE NUMBERS
H/B
M
EMAIL:
FOI REFERENCE :
231/15/16
DEPOSIT AMOUNT $
$20.00
By signing this form you are agreeing to pay the charges notified to you by the Freedom of
Information Directorate. Once you have signed this form the charges are considered imposed.
The deposit is not refundable except in some limited circumstances (for example, if Defence
fails to make a decision on your request within the statutory time limit), or may be refundable
in part if the final charge is less than the deposit paid:
On completion of your request a final invoice will be generated for the outstanding balance of
charges.
PLEASE DO NOT SEND CHEQUES OR MONEY ORDERS TO FOI
Once our office receives this form, the Department of Defence will generate an invoice in
order for you to make payment of the agreed charges via one of the payment options made
available.
The FOI Directorate will not proceed to process your request until a receipt has been
received in our office notifying that the deposit amount has been paid.
Please sign below and return this form by one of the following:
via email to xxx@xxxxxxx.xxx.xx
via fax 02 6266 2112
by post to the address noted above.
Signature: ____________________________________________________
