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E-mail Message
From:
Angela O'NEIL [EX:/O=IMMI/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=EXBTAZBB9]
To:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx [SMTP:foi+request-326-
xxxxxxxx@xxxxxxxxxxx.xxx.xx]
Cc:
Sent:
14/8/2013 at 1:32 PM
Received:
14/8/2013 at 1:32 PM
Subject:
Your request FA 13/08/00260 [SEC=UNCLASSIFIED]
UNCLASSIFIED
Our references: FA 13/08/00260; ADF2013/25003
Dear s. 22(1)(a)(ii)
Thank you for confirming that you wish to wish to receive notices from DIAC via
this email address and that DIAC can anticipate that you will respond to
communications that are sent to you at this address. I am satisfied that the
requirement in s.15(2)(c) of the Act is met and will progress your request
accordingly.
Yours sincerely
Angela O'Neil
Assistant Director
FOI & Privacy Policy
Department of Immigration and Citizenship
Telephone: (02) 6264 1382
Email: HYPERLINK "mailto:xxx@xxxx.xxx.xx"xxx@xxxx.xxx.xx
UNCLASSIFIED
From: s. 22(1)(a)(ii) [mailto:
s. 22(1)(a)(ii)
Sent: Saturday, 10 August 2013 6:03 PM
To: FOI NSW
Subject: Your references: FA 13/08/00260; ADF2013/25003
I refer to your correspondence dated 9 August 2013 in response to my email of 24
July 2013 (the FOI request), under the Freedom of Information Act 1982 (Cth,) and
asking that the Department of Immigration and Citizenship provide me with a copy
of the following document:
• Incident Detail Report 1-2SOSIL from the Department's Compliance,
Case Management, Detention and Settlement Portal. I also
requested any documents attached to the detailed report.
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I would like to resolve any doubt you might have that the request was not made
under the Freedom of Information Act 1982 (Cth). It was made under the Freedom of
Information Act 1982 (Cth) ("the FOI Act").
In particular, I confirm that the email address provided in the request (the
email address) is an address to which the Department can send notices.
You state you are not satisfied that the email address meets the requirement of
'details of how notices under this Act may be sent to the applicant', referencing
section15(2)(c).
I have noted the paradox that you have sent your notice to an email address which
you say is not sufficient for the purposes of your considering the FOI request.
By sending your notice to the email address, I take it you are now satisfied that
the email address meets the requirements of the FOI Act.
Further, subsection 15(2)(c) makes it clear that an electronic address meets this
requirement. The full text reads:
"(c) give details of how notices under this Act may be sent to the applicant
(for example, by providing an electronic address to which notices may be sent by
electronic communication)".
The term "electronic communication" has the same meaning as in the Electronic
Transactions Act 1999 (see FOI Act s4(1).
That Act defines an "electronic communication" as follows:
"(a) a communication of information in the form of data, text or images by means
of guided and/or unguided electromagnetic energy;
(b) a communication of information in the form of speech by means of guided
and/or unguided electromagnetic energy, where the speech is processed at its
destination by an automated voice recognition system."
It is clear enough that my request "provided details of how notices under the Act
may be sent to [me]".
The email address provided in my request is an electronic address to which the
Department may send notices by communication of information in the form of data,
text or images by means of guided electromagnetic energy.
In the same way that Section 15(2A) authorised me to make my request by sending
the application to an electronic address specified by the department, I designate
this address as the detail required by Section 15(2)(c) of how a notice may be
sent to me.
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Please note that sending notices to that email address is the only address to
which notices may be sent in relation to the FOI request.
It is of no relevance that any notice sent to me at this electronic address
subsequently may be published, on the internet or anywhere else by me or anybody
else.
Yours sincerely
s. 22(1)(a)(ii)
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