LEGAL
GPO Box 1700 Canberra ACT 2601
Telephone (02) 6276 6431 •
ABN 41 687 119 230
Email: xxx@xxxxx.xx
24 August 2017
Our ref: FOI 2017/20
Mr Fraser Tweedale
Right to Know
Via Email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Tweedale
FREEDOM OF INFORMATION REQUEST – FOI2017/20
I refer to your request
of 12 July 2017, under which you sought access under the
Freedom of
Information Act 1982 (FOI Act) to:
“(1). Any documents detailing the software programming languages used by particular
projects or initiatives of CSIRO.
(2). Any documents listing or mentioning software programs or libraries developed by or in
conjunction with CSIRO, the source code of which has been made publicly available (whether
or not the code was released under a recognised Free Software or Open Source license).
I recognise that it may be necessary to redact or omit documents in relation to projects that
have not been publicly announced. This is acceptable, but in the event that this occurs, I
further request:
(3). Any documents detailing the number of projects (and if possible the languages they are
using) removed from the scope of part (1) of this request due to the project not having been
publicly announced, including documents produced during the execution of this request.
I recognise that it may be necessary to redact or omit documents in relation to publicly
announced projects of a highly sensitive nature. This is acceptable, but in the event that this
occurs, I further request:
(4). Any documents listing the names of the projects removed from the scope of part (1) of
this request due to the project being of a highly sensitive nature, including documents
produced during the execution of this request.”
Your request was revised on 21 August 2017 to:
``Documents listing or mentioning software programs or libraries developed by or in
conjunction with CSIRO, the source code of which has been made publicly available (whether
or not the code was released under a recognised Free Software or Open Source license),
where the relevant project or initiative is currently active (2017-08-21).'
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On 22 August 2017 the request was revised to:
“
Documents that contain lists or tables of computer programs and libraries meeting these
criteria.
Computer programs and libraries that were developed by projects or initiatives of CSIRO that
are not currently active, are excluded from the scope of the request.
Explanatory remarks:
"Source code" is a col ection of computer instructions in a human-readable programming
language, used to produce a computer program. In most cases source code is "compiled"
into an executable computer program or a "library" of subroutines. Compiled programs are
typically not human-readable and may be executed or distributed independently from the
source code that was used to produce (compile) the program.
If a "compiled" computer program or library was released to the public or used in the
provision of some publicly accessible service, but the source code from which that program
or library was produced has not been made publicly available, that program or library is not
of interest.
If the source code of a program or library has been made publicly available, that program or
library is of interest, regardless of the license under which the source code was conveyed.”
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 document 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
Extensive searches were undertaken of CSIRO’s Information Management & Technology Division,
however, no documents were found meeting the scope of your request. CSIRO notes, CSIRO IM&T
division does not have a database containing this information, from which any documents could be
extracted.
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
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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
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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 website
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:
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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.
