LEGAL
GPO Box 1700 Canberra ACT 2601
Telephone (02) 6276 6431 •
ABN 41 687 119 230
Email: xxx@xxxxx.xx
14 July 2017
Our ref: FOI2017/19
Mr Dan Monceaux
Right to Know
Via Email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Monceaux
FREEDOM OF INFORMATION REQUEST
I refer to your request
of 25 June 2017, under which you sought access under the
Freedom of
Information Act 1982 (FOI Act) to:
“a digital copy of any existing drafts of a 2017 report reviewing great white shark
populations and/or the species conservation status.
The document in question was described in the recent Australian newspaper article
"Great white shark debate: protection hinges on CSIRO population finding" as
"forthcoming".
http://www.theaustralian.com.au/news/nation/great-white-shark-debate-protection-
hinges-on-csiro-population-finding/news-story/fd72c3d430ca9ffcb26283ff8112c2cb”
Decision maker
I am an authorised decision maker under section 23 of the FOI Act. This letter sets out my
decision and reasons for the decision in relation to your request.
Decision
Despite an extensive search, CSIRO has been unable to identify any documents relevant to
your request. I must therefore refuse access, pursuant to section 24A of the FOI Act on the
basis that the document[s] sought do not exist or cannot be found.
Searches conducted
The analysis of the data col ected for the proposed report, is stil being finalised. The drafting
of the report has not commenced. Thus, currently, there are no documents in existence that
fall within the scope of your request.
To assist, you could re-lodge your request, towards the end of the year.
Rights of Review
In accordance with section 26(1)(c) of the FOI Act, a statement setting out your rights of
review under the Act is at
Attachment A. Since my decision is that no documents exist, an
application for review would be limited to a situation where you consider that I have not
identified al the documents in the CSIRO’s possession that are relevant to your request.
Yours sincerely
Beth Maloney
Legal Counsel
CSIRO
Attachment A
Review rights
You are entitled to seek review of this decision.
Internal Review
Firstly, under section 54 of the FOI Act, you may apply for an internal review of the decision.
Your application must be made by whichever date is the later between:
30 days of you receiving this notice; or 15 days of you receiving the documents to which you
have been granted access.
An internal review will be conducted by a different officer from the original decision-maker.
No particular form is required to apply for review although it will assist your case to set out
in the application the grounds on which you believe that the original decision should be
overturned. An application for a review of the decision should be addressed to:
FOI Coordinator,
xxx@xxxxx.xx
If you choose to seek an internal review, you wil subsequently have a right to apply to the
Australian Information Commissioner for a review of the internal review decision.
External review by the Australian Information Commissioner
Alternatively, under 54L of the FOI Act, you may seek review of this decision by the
Australian Information Commissioner without first going to internal review. Your
application must be made within 60 days of you receiving this notice.
The Information Commissioner is an independent office holder who may review decisions of
agencies and Ministers under the FOI Act. More information is available on the Information
Commissioner's websit
e www.oaic.gov.au.
You can contact the Information Commissioner to request a review of a decision online or
by writing to the Information Commissioner at:
GPO Box 2999
Canberra ACT 2601
Complaints to Ombudsman or Information Commissioner
You may complain to either the Commonwealth Ombudsman or the Information
Commissioner about action taken by CSIRO in relation to the application. The Ombudsman
will consult with the Information Commissioner before investigating a complaint about the
handling of an FOI request.
Your enquiries to the Ombudsman can be directed to:
Phone 1300 362 072 (local call charge)
E
mail xxxxxxxxx@xxxxxxxxx.xxx.xx
Your enquiries to the Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
E
mail xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Ombudsman or the
Information Commissioner. The request should be in writing and should set out the grounds
on which it is considered that the action taken in relation to the request should be
investigated and identify CSIRO as the relevant agency.
