15 documents related to proposed HOSM Iraq amendment
Dear FOI,
We ask you refer to FOI/2019/209. Mr Rush identified 15 documents containing information regarding a proposed amendment to extend HOSM eligibly to personnel engaged by AusAID in support of humanitarian operations in Iraq.
We ask the department provide administrative access providing information or documents related to the 15 documents. Can we ask for a document cataloguing each of the 15 documents and recording the following information for each document:
Coloumn 1 - a reference number (with which to refer to the document)
Coloumn 2 - the date the document was created.
Coloumn 3 - the agency creating the document
Coloumn 4 - the FOI exemption relied upon to withhold the document from the public
Coloumn 5 - the document’s title, subject or other identifying information.
Thank you for your time.
Trav S
OFFICIAL
PM&C Reference: FOI/2021/123
Dear Trav S
Thank you for your email.
Could you please confirm whether you are making a request under the
Freedom of Information Act 1982 (FOI Act), or if your request is an
administrative access request?
Yours sincerely
FOI Adviser
FOI and Privacy Section| Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
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[10]cid:image005.jpg@01D30607.6CF4DA00
-----Original Message-----
From: Trav S <[FOI #7621 email]>
Sent: Wednesday, 21 July 2021 1:27 PM
To: FOI <[email address]>
Subject: Freedom of Information request - 15 documents related to proposed
HOSM Iraq amendment
Dear FOI,
We ask you refer to FOI/2019/209. Mr Rush identified 15 documents
containing information regarding a proposed amendment to extend HOSM
eligibly to personnel engaged by AusAID in support of humanitarian
operations in Iraq.
We ask the department provide administrative access providing information
or documents related to the 15 documents. Can we ask for a document
cataloguing each of the 15 documents and recording the following
information for each document:
Coloumn 1 - a reference number (with which to refer to the document)
Coloumn 2 - the date the document was created.
Coloumn 3 - the agency creating the document
Coloumn 4 - the FOI exemption relied upon to withhold the document from
the public
Coloumn 5 - the document’s title, subject or other identifying
information.
Thank you for your time.
Trav S
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Dear FOI,
Thank you for your email. I will be happy to take your advice.
I was recently advised administrative access arrangements may be the more suitable for some enquiries. I do not want to waste the department's time and would be grateful for advice on which mechanism is more likely to result in the requested document being provided.
Thank you for your time.
Yours faithfully
Trav S
Dear FOI,
Thank you for your email.
Unfortunately the schedule of documents produced following the internal review of FOI/2019/209 does not provide most of the information we requested. We asked for a document cataloguing each of the 15 documents and recording the following information for each document:
Coloumn 1 - a reference number (with which to refer to the document)
Coloumn 2 - the date the document was created.
Coloumn 3 - the agency creating the document
Coloumn 4 - the FOI exemption relied upon to withhold the document from the public
Coloumn 5 - the document’s title, subject or other identifying information.
Please confirm that the department is unwilling to provide the information requested via the administrative access mechanism.
Thank you for your time.
Yours sincerely,
Trav S
OFFICIAL
PM&C Ref: FOI/2021/123
Dear Trav S
Thank you for your email.
The Department of the Prime Minister and Cabinet (the Department) has
provided, by way of administrative access, an email response to your
request addressing each of the 5 parts of your request with information
readily available within the Department.
As advised in our response, a specific document addressing the terms of
your request does not exist as at the date of your request. Therefore, the
Department deemed it most appropriate to provide you with information
under administrative access arrangements.
Yours sincerely
FOI Adviser
FOI and Privacy Section| Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
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One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
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[10]cid:image005.jpg@01D30607.6CF4DA00
-----Original Message-----
From: Trav S <[11][FOI #7621 email]>
Sent: Tuesday, 27 July 2021 7:31 PM
To: FOI <[12][email address]>
Subject: Re: FOI/2021/123 - PM&C administrative access [SEC=OFFICIAL]
Dear FOI,
Thank you for your email.
Unfortunately the schedule of documents produced following the internal
review of FOI/2019/209 does not provide most of the information we
requested. We asked for a document cataloguing each of the 15 documents
and recording the following information for each document:
Coloumn 1 - a reference number (with which to refer to the document)
Coloumn 2 - the date the document was created.
Coloumn 3 - the agency creating the document
Coloumn 4 - the FOI exemption relied upon to withhold the document from
the public
Coloumn 5 - the document’s title, subject or other identifying
information.
Please confirm that the department is unwilling to provide the information
requested via the administrative access mechanism.
Thank you for your time.
Yours sincerely,
Trav S
-----Original Message-----
OFFICIAL
PM&C Reference: FOI/2021/123
Dear Trav S
Thank you for your email received by the Department of the Prime Minister
and Cabinet (the Department) on 21 July 2021, in which you made a request
for the following documents under the Department’s administrative access
arrangements:
We ask you refer to FOI/2019/209. Mr Rush identified 15 documents
containing information regarding a proposed amendment to extend HOSM
eligibly to personnel engaged by AusAID in support of humanitarian
operations in Iraq.
We ask the department provide administrative access providing information
or documents related to the 15 documents. Can we ask for a document
cataloguing each of the 15 documents and recording the following
information for each document:
Coloumn 1 - a reference number (with which to refer to the document)
Coloumn 2 - the date the document was created.
Coloumn 3 - the agency creating the document
Coloumn 4 - the FOI exemption relied upon to withhold the document from
the public
Coloumn 5 - the document’s title, subject or other identifying
information.
On this same day, you advised that you would defer to the Department as to
whether this request should be treated as an application under the Freedom
of Information Act 1982 (FOI Act) or processed under the Department’s
administrative access arrangements. The Department is of the view that in
this particular case, it is appropriate to process your request under
administrative access arrangements.
Parts 1 and 4 of your request
In Parts 1 and 4 of your request, you have requested reference numbers
(with which to refer to the documents) and the FOI exemptions relied upon
to withhold the document from the public.
We refer to the decision issued to you on 4 December 2019 (attached) in
relation to your Internal Review request FOI/2019/209IR, in particular,
Page 3 – Schedule of Documents (Schedule).
This Schedule addresses Parts 1 and 4 of your request, as it provides a
reference number for each document and the relevant sections of the FOI
Act under which the material was found to be exempt.
Parts 2, 3 and 5 of your request
In relation to Parts 2, 3 and 5 of your request, we refer to the terms of
your FOI request (Department reference FOI/2019/209), revised on 25
September 2019 as follows:
Any correspondence from 1/1/2011 to 31/12/2012 between ‘PM&C or the Prime
Minister’s Parliamentary Secretary’ and ‘AusAID or other government
department’ regarding a proposed amendment to the HOSM declaration to
extend eligibility to CRG personnel engaged by AusAID in support of
Australian humanitarian operations in Iraq between 2003 and 2005.
Any proposed amendments to the HOSM declaration to extend eligibility to
CRG personnel drafted between 1/1/2011 to 31/12/2012, and any related
briefing notes or recommendation documents.
In Part 2 of your request, you requested the date each document was
created.
The 15 documents identified as being in scope for FOI/2019/209 fall within
the date range of 1 January 2011 to 31 December 2012, as per your original
request.
In Part 3 of your request, you requested the name of the agency creating
each document.
Your request FOI/2019/209 sought correspondence between ‘PM&C or the Prime
Minister’s Parliamentary Secretary’ and ‘AusAID or other government
department’. The Department can confirm the documents were created by the
Department, the Prime Minister’s Parliamentary Secretary, AusAID and other
government departments.
In Part 5 of your request, you requested the documents’ titles, subjects
or other identifying information.
According to the terms of FOI/2019/209, the Department can confirm that
the 15 documents identified are emails between the agencies identified in
Part 3 ‘regarding a proposed amendment to the HOSM declaration to extend
eligibility to CRG personnel engaged by AusAID in support of Australian
humanitarian operations in Iraq between 2003 and 2005’, and documents
regarding ‘any proposed amendments to the HOSM declaration to extend
eligibility to CRG personnel drafted between 1/1/2011 to 31/12/2012, and
any related briefing notes or recommendation documents.’
Relevant documents
As at 21 July 2021, the date your request FOI/2021/123 was received, the
Department can confirm that it does not possess any specific document
addressing the terms of your request.
The above information has been provided under administrative access
arrangements in response to your request.
Yours sincerely
FOI Adviser
FOI and Privacy Section| Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
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6271 5849
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Dear FOI,
Thank you for your email.
Unfortunately the information the department provided does not address our request for information. We understand the department advises they do not have a document with the information we requested. Relevantly, the information we requested is readily available on each of the 15 documents. It would be short and easy work to collate that information into a new document.
To confirm we would be grateful if the department can produce a document with the following information extracted from each of the 15 documents:
Coloumn 1 - a reference number
Coloumn 2 - the date the document was created.
Coloumn 3 - the agency creating the document
Coloumn 4 - the FOI exemption relied upon to withhold the document from the public
Coloumn 5 - the document’s title, subject or other identifying information.
We will be very grateful if the department can produce such a document. Please let me know if they are unwilling to do so.
Yours sincerely,
Trav S
Dear FOI,
We would be grateful to know if your department is willing to assist in producing the document with the information we requested? We respectfully contend adding two to three columns to a table that already exists and populating a very small amount of data should not overly burden your department.
Please forward a cost estimate if this is at issue.
Thank you for your time.
Yours sincerely,
Trav S
){kind=link}
OFFICIAL
PM&C Ref: FOI/2021/123
Dear Trav S
Thank you for your email.
The Department of the Prime Minister and Cabinet (the Department) has
responded to your request with information readily available within the
Department. As previously advised, a document containing the information
you requested does not exist.
Agencies are not obliged to create a document for release in response to a
request made under administrative access arrangements, nor under the
Freedom of Information Act 1982 (FOI Act), except in limited circumstances
outlined in [1]Section 17 of the FOI Act. Please refer to [2]Part 3 of the
FOI Guidelines for additional information regarding documents created
under Section 17.
We also draw your attention to the following extract from Part 2 of the
FOI Guidelines:
2.33 The right of access under the FOI Act is to existing documents,
rather than to information. The FOI Act does not require an agency or
minister to create a new document in response to a request for access,
except in limited circumstances where the applicant seeks access in a
different format or where the information is stored in an agency computer
system rather than in discrete form (see Part 3 of these Guidelines). A
request may nevertheless be framed by reference to a document that
contains particular information.
The Department has taken reasonable steps to provide access to the
information requested on an administrative basis, and we now consider your
request to be finalised. You are welcome to make another request, noting
the constraints outlined above that apply under the FOI Act when a request
is made for a document that does not exist at the time the FOI request was
made.
Yours sincerely
FOI Adviser
FOI and Privacy Section| Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
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6271 5849 |
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One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
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[12]cid:image005.jpg@01D30607.6CF4DA00
-----Original Message-----
From: Trav S <[FOI #7621 email]>
Sent: Monday, 2 August 2021 8:46 AM
To: FOI <[email address]>
Subject: RE: FOI/2021/123 - PM&C administrative access [SEC=OFFICIAL]
Dear FOI,
We would be grateful to know if your department is willing to assist in
producing the document with the information we requested? We respectfully
contend adding two to three columns to a table that already exists and
populating a very small amount of data should not overly burden your
department.
Please forward a cost estimate if this is at issue.
Thank you for your time.
Yours sincerely,
Trav S
-----Original Message-----
OFFICIAL
PM&C Ref: FOI/2021/123
Dear Trav S
Thank you for your email.
The Department of the Prime Minister and Cabinet (the Department) has
provided, by way of administrative access, an email response to your
request addressing each of the 5 parts of your request with information
readily available within the Department.
As advised in our response, a specific document addressing the terms of
your request does not exist as at the date of your request. Therefore, the
Department deemed it most appropriate to provide you with information
under administrative access arrangements.
Yours sincerely
FOI Adviser
FOI and Privacy Section| Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
[1][13]http://www.dcducks.com/wp-content/themes...
6271 5849 |
[2][14]http://cdn.mysitemyway.com/icons-waterma...
request email]
|
[4][15]https://www.musicianswithoutborders.org/...
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
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[10]cid:image005.jpg@01D30607.6CF4DA00
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