2019-20 Additional Budget Estimates Briefing Book
Dear Office of the Australian Information Commissioner,
On Tuesday 3 2020 (between 9:47pm and 10:15pm) the Information Commissioner appeared before the Senate Legal and Constitutional Affairs Legislation Committee for the 2019-20 Additional Budget Estimates.
When the Chief Executive of an agency appears before Senate Estimates committees, they are provided with a briefing "book" or pack by their agency, to use as a reference/aide memoire during those appearances before these Estimates committees. As agencies don't know in advance what may be asked in Estimates, the briefing book typically covers a wide array of information on current issues in that agency.
I request (for the purposes of the FOI Act) copy of that briefing book or pack used by the Information Commissioner on Tuesday 3 2020 (when she appeared before the Senate Legal and Constitutional Affairs Legislation Committee for the 2019-20 Additional Budget Estimates).
Sincerely,
Julie
Our reference: FOIREQ20/00187
Dear Julie,
Freedom of Information request
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (the FOI Act) and received by the Office of the
Australian Information Commissioner (OAIC) on 23 September 2020.
Scope of your request
In your email you seek access to the following:
copy of that briefing book or pack used by the Information Commissioner on
Tuesday 3 2020 (when she appeared before the Senate Legal and
Constitutional Affairs Legislation Committee for the 2019-20 Additional
Budget Estimates).
I note that you have given the date “Tuesday 3 2020” and that the
Information Commissioner appeared before the Senate Legal and
Constitutional Affairs Legislation Committee on Tuesday 3 March 2020. I
take it that you mean this date. Please let me know if this is incorrect.
Timeframes for dealing with your request
Section 15 of the FOI Act requires this office to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.
As we received your request on 23 September 2020, we must process your
request by 23 October 2020.
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.
If you would like to discuss this matter, please contact me on my contact
details set out below.
Yours sincerely,
Angela Wong
[1][IMG] Angela Wong | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
1300 363 992
| [3][email address]
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Dear Julie,
Please see correspondence attached.
Regards,
[1][IMG] Angela Wong | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
1300 363 992
| [3][email address]
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Dear Angela,
It is disappointing that you have claimed a request consultation period in what appears to be little more than a strategy to game the clock, contrary to the spirit of the Act.
As you state, the OAIC has already released on two prior occasions parts of the documents in scope, yet it appears you have claimed these already released documents in your rather overstated and unevidenced estimates.
You have also failed to give any information as to the 57 documents you claim made up the briefing pack, effectively making it quite difficult to assist you as to what may be excluded from scope.
You also give no explanation as to why the documents are alleged to be complex, and your claim that third party consultation is required refers to these third parties being internal OAIC staff (and therefore are not third parties).
It also appears you have failed to consider what would be most relevant and reasonable to provide, which is a duty under the Act on you.
For example, while these briefing packs may have attachments, the primary document is the executive summary or covering brief, which is what is used the most by the executive at hearings. Attachment documents are typically secondary information, in case a particular question requires a deeper dive, and are of secondary importance as a result.
I would strongly recommend, if you have any real intent to assist (which, to date, doesn't appear to be the case), to provide a schedule of the documents (which, contrary to your claims, is not an onerous task at all given it is just title, pages, and a flag on whether release in full, part or refusal is likely) to me so I can tell you which are not of interest to me.
It is very disappointing that the Information Commissioner condones such poor practice as shown here in this claim, especially when other delegates like your Dr Ranjan can make quality decisions without stooping to such games.
Sincerely,
Julie
Our ref: FOIREQ20/00187
Dear Julie,
Thank you for your email of 22 October 2020 regarding your FOI request
(our reference FOIREQ20/00187).
To assist you with revising and clarifying the scope of your request,
please find attached an index of documents contained in the Information
Commissioner’s briefing pack for the Additional Senate Estimates hearing
of Tuesday 3 March 2020. I have also provided additional information to
indicate where the information has been published or is publicly
available.
Timeframes for dealing with your request
Section 15 of the FOI Act requires this office to process your requests no
later than 30 days after the day we receive them. However, this time will
be stopped until we have completed this consultation with you regarding
the scope of your request.
The request consultation period at this stage will end on 29 October 2020
since the notice was originally sent on 15 October 2020.
Under s 24AB(5) of the FOI Act, I may, with your agreement, extend the
consultation, to allow additional time for you to consider your response.
Please advise whether you agree to extend the consultation period and the
number of days you wish to extend the period by. If you do not agree to an
extension of the request consultation period, the request consultation
period will end tomorrow.
Before the end of the consultation period, you must provide by written
notice to (per s 24AB(6):
(a) withdraw the request;
(b) make a revised request;
(c) indicate that you do not wish to revise the
request.
If you would like to discuss this matter, you may contact me on my contact
details set out below.
Kind regards,
[1][IMG] Angela Wong | Lawyer
Legal Services
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
1300 363 992
| [3][email address]
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Dear Angela,
Providing only one day's notice is entirely untenable, as I'm sure you are well aware of, so your threat will be ignored.
Unfortunately, as you failed to list the requested information such as number of pages and description of alleged complexity/sensitivity, in the index you have provided you have significantly limited the assistance I can provide you by failing to give relevant details (as you aren't particularly interested in facilitating access clearly).
But, as best as I can assist off the scant information provided, I seek for this FOI (In order of preference, up to the limit of that which may otherwise be voluminous):
*Corporate Folder - Documents 1-6, 9, & 12
*Privacy Folder - Documents 1-3, 5, 7-8, 10, 12, 17-19, 21, 25
* FOI Folder - Nil
* Folder B - Nil
Sincerely,
Julie
Our reference: FOIREQ20/00187
Dear Julie,
Please find attached correspondence relating to your Freedom of
Information request.
Kind regards,
[1][IMG] Joseph Gouvatsos | Lawyer
Legal Services
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | [2]oaic.gov.au
02 8231 4259 | [3][email address]
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