2019-20 Additional Budget Estimates Briefing Book

Julie made this Freedom of Information request to Office of the Australian Information Commissioner

Currently waiting for a response from Office of the Australian Information Commissioner, they must respond promptly and normally no later than (details).

From: Julie

Delivered

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

Link to this

From: Legal
Office of the Australian Information Commissioner


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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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Matters

 

Please note, my work days are Monday, Wednesday and Thursday.

 

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Link to this

From: Legal
Office of the Australian Information Commissioner


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Attachment FOIREQ20 00187 response.pdf
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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]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter |   icon Information
Matters

 

Please note, my work days are Monday, Wednesday and Thursday.

 

 

 

 

show quoted sections

References

Visible links
1. https://www.oaic.gov.au/
2. http://www.oaic.gov.au/
3. mailto:[email address]
4. http://www.facebook.com/OAICgov
5. https://www.linkedin.com/company/office-...
6. https://twitter.com/OAICgov
8. https://www.oaic.gov.au/media-and-speech...

Link to this

From: Julie

Delivered

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

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