Page 1 of 1
E-mail Message
From:
Ben Fairless [SMTP:xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx]
To:
FOI [SMTP:xxx@xxxx.xxx.xx]
Cc:
Sent:
22/02/2014 at 4:34 AM
Received:
22/02/2014 at 4:34 AM
Subject:
Freedom of Information request - Directions from Ministers in relation to FOI
requests
Dear Department of Immigration and Border Protection,
I request, under the Freedom of Information Act, documents (including, but not
limited to, emails, letters or other notes to which the department has access) which
reference requests, decisions or opinions by either the minister currently
responsible for the Department or any other currently serving federal minister on
how the department should handle Freedom of Information (FOI) requests.
I also request that the charges associated with this request be waived on public
interest grounds, due to the importance of FOI (and requests, decisions or opinions
by Ministers in relation to how the department manages FOI requests) has in keeping
the Government to account.
Yours faithfully,
Ben Fairless
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Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Is xxx@xxxx.xxx.xx the wrong address for Freedom of Information requests to
Department of Immigration and Border Protection? If so, please contact us using this
form:
https://www.righttoknow.org.au/help/contact
Write your response as plain text. Only send PDF documents as a last resort.
Government guidelines make it clear that PDF is not an acceptable format for you to
use in the delivery of government information.
https://www.righttoknow.org.au/help/officers#pdf
Disclaimer: This message and any reply that you make will be published on the
internet. Our privacy and copyright policies:
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If you find this service useful as an FOI officer, please ask your web manager to
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file://C:\Users\prshc2\AppData\Local\Hewlett-Packard\HP TRIM\TEMP\HPTRIM.5832\... 24/06/2014
Our reference: CP14/00757
Your reference:
Ms Linda Rossiter
Director, FOI & Privacy Policy
Department Of Immigration And Border Protection
By email: xxx@xxxx.xxx.xx
Dear Ms Rossiter
Freedom of Information complaint by Mr Ben Fairless
The Information Commissioner has received a complaint under section 70 of the
Freedom of Information Act 1982 (Cth) (the Act) from Mr Ben Fairless.
On 13 March 2014, the OAIC conducted preliminary inquiries with the Department
in relation to this matter. The Department responded on the same day. Thank you
for providing this prompt response.
I am writing to advise that we have decided to conduct an investigation into this
matter under section 69 of the Act. Following the Department’s response to this
letter, I expect the Information Commissioner will make a decision under s 86
setting out his findings in this matter.
At this point, I would recommend that the Information Commissioner’s finding be
that the FOI request was valid at the date that it was made, and that the FOI
processing clock should have started running on that date.
I would appreciate receiving any final submissions the Department would like to
make before this matter is finalised. Please provide a response by
1 May 2014.
The complaint
A copy of Mr Fairless’s complaint is attached to this email. His central concern is the
following:
I believe the actions by DIBP are an attempt to stifle FOI requests made via the RTK
Website, contrary to the objects of the FOI Act and the FOI Guidelines. I respectfully
request that the OAIC investigate the allegations contained herein and any available
powers at its disposal to direct the DIBP to cease using s 15(2)(c) of the FOI Act to
stifle requests made via the RTK Website.
Enquiries 1300 363 992 • xxxxxxxxx@xxxx.xxx.xx • TTY 1800 620 241 • www.oaic.gov.au
ABN 85 249 230 937
Background
Mr Fairless made an FOI request to the Department via the Right to Know website
(www.righttoknow.org) on 22 February 2014. This request was received by the
Department in the form of an email from the addre
ss foi+request-529-
xxxxxxxx@xxxxxxxxxxx.xxx.xx. It contained the following sentence:
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
On 27 February 2014, Mr Fairless received a response from the Department
referring to s 15 of the FOI Act which relevantly requires that an FOI request ‘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 Department’s response further stated:
Issues regarding your request
I am not satisfied that the email address you have provided meets the requirement
of ‘details of how notices under this Act may be sent to the applicant’ (s.15(2)(b) of
the Act). In particular, it does not appear to be an address to which the agency
could send a ‘notice’. The address you have provided appears to be an address for
publication of correspondence on the internet.
Next steps
Please confirm by writing to xxx@xxxx.xxx.xx that the email address you have
provided is an address to which the Department can send you notices, by close of
business Thursday 6 March 2014. The request will then be validated.
Mr Fairless responded on the same day, confirming that his address for notice was
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx.
The Department advises that it considers its obligation to process Mr Fairless’
request under s 15 of the FOI Act to have been enlivened when Mr Fairless
confirmed his address for notice on 27 February 2014.
Issues under investigation
The central issue in this complaint is the question of whether Mr Fairless’s
purported FOI request of 22 February 2014 was valid, on that date. This will involve
consideration of the terms of s 15 of the FOI Act.
On the basis of the information presently before the OAIC, as described in the above
chronology, it appears that Mr Fairless’s FOI request was valid on the date it was
received by the Department.
The email appears to meet the requirements of a valid FOI request set out in s 15 of
the FOI Act. In relation to the requirement for an address for notice, the request
provides an email address for all replies to the request. Section 15(2)(c) explicitly
refers to the possibility that the applicant’s address for notice might include an
‘electronic address to which notices may be sent by electronic communication’.
The request was received by the Department on 22 February 2014, and only
‘validated’ by the Department on 27 February 2014. It appears that by treating the
initial request as invalid the Department has effectively added 5 days to the
standard processing time provided in s 15(5)(b).
Information sought by the OAIC
If the Department elects not to provide further submissions, I would recommend
that the Information Commissioner issue investigation findings under s 86 of the FOI
Act to the above effect.
If the Department does wish to make further submissions to address any of the
points in this letter or any related issues, please provide these to me by
1 May 2014.
If the Department does make further submissions, it would be appreciated if you
would consider the following questions:
Was it standard practice for the Department to request an alternative email
address from applicants who make requests via the Right to Know website?
Is this still the Department’s standard practice?
Has the Department taken any steps to change its processes following Mr
Fairless’s complaint?
Contact details
If you have any questions about this letter, please contact me on (02) 6239 9109 or
by email at
xxxxx.xxxx@xxxx.xxx.xx. In written correspondence, please refer to
reference number CP14/00757.
Yours sincerely,
Annan Boag
Assistant Director, FOI Dispute Resolution
Office of the Australian Information Commissioner
16 April 2014
From:
Annan Boag
To:
FOI
Subject:
RE: Complaint from Ben Fairless re s 15(2)(c) FOI Act - CP14/00757; FA14/02/01093 [SEC=UNCLASSIFIED]
Date:
Thursday, 17 April 2014 5:59:17 PM
Hi Steve,
Thanks for clearing that up. We will certainly take your comments under consideration.
My impression that a different address was sought was created by the Department’s email
outlining the s 15(2)(c) issue.
That email states that for an FOI request to be valid it must provide an address to which the
Department can send a notice. It also states that the RTK address is not an address to which the
Department can send a notice:
I am not satisfied that the email address you have provided meets the
requirement of ‘details of how notices under this Act may be sent to the
applicant’ (s 15(2)(b) of the Act). In particular, it does not appear to
be an address to which the agency could send a ‘notice’. The address you
have provided appears to be an address for publication of correspondence
on the internet.
This suggested to me that the Department felt that a different address should have been used.
Mr Fairless has referred us to a matter where the RTK applicant did in fact provide a different
address in response to a similar email.
However, I acknowledge that the email from DIBP does not ask for an alternative email address.
The email asks the FOI applicant to confirm that the email address they have provided for replies
is an address to which the Department can send notices.
If no confirmation is received, the request is regarded as invalid on the basis that the request
does not meet the requirements of s 15(2)(c).
If confirmation is received, the request is “validated”.
The s 15(5)(b) processing period is taken to run from when validation occurs.
From browsing RTK, this seems typically to be about a week after a purported FOI request is
initially received.
Please feel free to provide further clarification if I have misunderstood the way this works.
Hope you have a great Easter weekend.
Regards
Annan Boag | Assistant Director | Dispute Resolution Branch
Office of the Australian Information Commissioner
175 Pitt Street SYDNEY NSW
GPO Box 5218 SYDNEY NSW 2001
+61 2 8231 4266 | xxxxx.xxxx@xxxx.xxx.xx
From: Steven HOCKING [mailto:xxxxxx.xxxxxxx@xxxx.xxx.xx]
On Behalf Of FOI
Sent: Thursday, 17 April 2014 11:24 AM
To: Annan Boag
Cc: Paul Hansen; FOI
Subject: RE: Complaint from Ben Fairless re s 15(2)(c) FOI Act - CP14/00757; FA14/02/01093
[SEC=UNCLASSIFIED]
UNCLASSIFIED
DIBP reference: FA14/02/01093; ADF2014/6570
OAIC reference: CP14/00757
Hello Annan,
Regarding the complaint from Mr Fairless, I have addressed your concerns below:
· Was it standard practice for the Department to request an alternative email address
from applicants who make requests via the Right to Know website? Is this still the
Department’s standard practice?
Can you please provide reference to where the department has requested an alternative email
address? There was no such reference in the links provided by Mr Fairless.
As you would be aware from the broader issue with RTK and the requests surrounding detention
logs, there have been a number of instances where requests have been submitted using a ‘set
and forget’ approach by the applicant. This means that when they were contacted using the
email provided, they did not respond. Examples of these requests are on the RTK website.
Given that RTK freely acknowledges the use of crowd sourcing to raise FOI requests, it is
reasonable for the department to validate the email addresses used by applicants. At no point
have we demanded an alternative email address be used. This is clear from the correspondence
on the RTK website, to which Mr Fairless has kindly provided reference in his email to you. This
ensures that the administrative burden on the department is justified and not wasted on
requests raised by individuals who have no intention of responding. This has been used to
manage the significant workload of the department in relation to FOI and is a valid use of s.15(2)
(c), particularly in relation to previous experience with email accounts from this website (RTK).
All of the above information is clearly articulated in the notices provided to applicants from RTK
and viewable on their website.
· Has the Department taken any steps to change its processes following Mr Fairless’s
complaint?
The department does not intend to change its process in response to the complaint by Mr
Fairless. It is important that any agency manages its limited resources in relation to FOI and
ensures that the administrative burden placed on the department by RTK is managed
effectively. At no point have we refused a valid request or refused to process a request until an
alternative email is provided. We are merely seeking confirmation of the applicant’s intention
to use the RTK email, in light of the numerous requests submitted from RTK that have not been
validated due to a lack of response. All of this information is, conveniently, freely available on
the RTK website.
Please contact me if you wish to discuss.
Regards
Steven Hocking
Assistant Director
Department of Immigration and Border Protection
Telephone: (02) 6264 1007
Email: xxxxxx.xxxxxxx@xxxx.xxx.xx
UNCLASSIFIED
From: Annan Boag [mailto:xxxxx.xxxx@xxxx.xxx.xx]
Sent: Wednesday, 16 April 2014 3:50 PM
To: FOI
Cc: Paul Hansen
Subject: Complaint from Ben Fairless re s 15(2)(c) FOI Act - CP14/00757; FA14/02/01093
[SEC=UNCLASSIFIED]
Good afternoon,
Please find attached, a notice under s 75 of the FOI Act advising that the OAIC is investigating a
complaint from Ben Fairless about the Department’s reliance on s 15(2)(c) of the FOI Act in
relation to his request, made via www.righttoknow.org – refs CP14/00757; FA14/02/01093.
Happy to discuss.
Regards,
Annan Boag | Assistant Director | Dispute Resolution Branch
Office of the Australian Information Commissioner
175 Pitt Street SYDNEY NSW
GPO Box 5218 SYDNEY NSW 2001
+61 2 8231 4266 | xxxxx.xxxx@xxxx.xxx.xx
**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
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--------------------------------------------------------------------
Important Notice: If you have received this email by mistake, please advise
the sender and delete the message and attachments immediately. This email,
including attachments, may contain confidential, sensitive, legally privileged
and/or copyright information. Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. DIBP respects your privacy and has
obligations under the Privacy Act 1988. The official departmental privacy
policy can be viewed on the department's website at
www.immi.gov.au. See:
http://www.immi.gov.au/functional/privacy.htm
---------------------------------------------------------------------
**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************
From:
Ashley SMITH on behalf of FOI
To:
Annan Boag
Subject:
RE: Notice of complaint by Ben Fairless - FA14/02/01093 [SEC=UNCLASSIFIED]
Date:
Thursday, 13 March 2014 1:59:00 PM
Attachments:
Freedom of Information request - Directions from Ministers in relation t....vmbx
UNCLASSIFIED
Good afternoon Annan,
1. Please provide a copy of the applicant’s email (sent via Right to Know) and dated 22
February 2014, in the form that it was received by DIBP.
Attached.
2. On what date does DIBP consider that its obligation to process this request under s 15 of
the FOI Act was enlivened? (e.g., the email of 22 February 2014 or the email of 27
February 2014)
27 February 2014
3. What email address is the Department now using as its address for notice for Mr
Fairless, in relation to this FOI request?
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Thank you.
Ashley Smith
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6225 8037
UNCLASSIFIED
From: Annan Boag [mailto:xxxxx.xxxx@xxxx.xxx.xx]
Sent: Thursday, 13 March 2014 1:35 PM
To: FOI
Subject: RE: Notice of complaint by Ben Fairless - FA14/02/01093 [SEC=UNCLASSIFIED]
Good afternoon Ashley,
Thank you for advising that this FOI request is underway.
In the interim, would the Department please provide the following information and documents.
This will inform the OAIC’s decision about whether or not to conduct an investigation of this
complaint. I would appreciate a response by
27 March 2014.
1. Please provide a copy of the applicant’s email (sent via Right to Know) and dated 22
February 2014, in the form that it was received by DIBP.
2. On what date does DIBP consider that its obligation to process this request under s 15 of
the FOI Act was enlivened? (e.g., the email of 22 February 2014 or the email of 27
February 2014)
3. What email address is the Department now using as its address for notice for Mr
Fairless, in relation to this FOI request?
Kind regards,
Annan Boag | Assistant Director | Dispute Resolution Branch
Office of the Australian Information Commissioner
175 Pitt Street SYDNEY NSW
GPO Box 5218 SYDNEY NSW 2001
+61 2 8231 4266 | xxxxx.xxxx@xxxx.xxx.xx
From: Ashley SMITH [mailto:xxxxxx.xxxxx@xxxx.xxx.xx]
On Behalf Of FOI
Sent: Thursday, 13 March 2014 9:26 AM
To: Elizabeth Zatschler
Subject: RE: Notice of complaint by Ben Fairless - FA14/02/01093 [SEC=UNCLASSIFIED]
UNCLASSIFIED
Good morning Elizabeth,
The applicant confirmed his email address is one in which he will respond to the notices sent to
him, thus we’re currently processing his FOI request which is due 29 March 2014.
Thanks.
Ashley Smith
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6225 8037
UNCLASSIFIED
From: Elizabeth Zatschler [mailto:xxxxxxxxx.xxxxxxxxx@xxxx.xxx.xx]
Sent: Wednesday, 12 March 2014 8:32 AM
To: FOI
Subject: Notice of complaint by Ben Fairless [SEC=UNCLASSIFIED]
Our reference: CP14/00757
Ms Linda Rossiter
Department Of Immigration And Border Protection
PO Box 25
BELCONNEN ACT 2617
Dear Ms Rossiter
Notice of complaint by Ben Fairless
I am writing to notify you that Mr Ben Fairless has lodged a complaint about the manner in which
the Department Of Immigration And Border Protection has handled his FOI request.
The Office of the Australian Information Commissioner is currently considering the complaint;
however, due to a high volume of complaint and review applications we are experiencing a
delay in allocating matters.
I enclose a copy of Mr Fairless’s complaint.
The OAIC encourages parties to a complaint to resolve their dispute informally, and we would
encourage you to consider possible compromises or alternative solutions to the dispute in this
matter.
If the department is currently dealing with this complaint or a subsequent FOI decision has been
made could you please contact us to discuss this.
If you would like to speak to someone about this matter please call our Enquiries Line on 1300
363 992. Our preference is to receive correspondence by email; however, mail can be sent to
our Sydney office at GPO Box 5218 Sydney NSW 2001. Please quote the reference number
CP14/00757.
Yours sincerely
Elizabeth Zatschler | Investigations Officer
Office of the Australian Information Commissioner
4 National Circuit, BARTON ACT 2600
GPO Box 2999 CANBERRA ACT 2601 |www.oaic.gov.au
Phone: +61 2 6239 9121
Fax: +61 2 6239 9187
Email:
xxxxxxxxx.xxxxxxxxx@xxxx.xxx.xx
Protecting information rights – advancing information policy
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**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************
--------------------------------------------------------------------
Important Notice: If you have received this email by mistake, please advise
the sender and delete the message and attachments immediately. This email,
including attachments, may contain confidential, sensitive, legally privileged
and/or copyright information. Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited. DIBP respects your privacy and has
obligations under the Privacy Act 1988. The official departmental privacy
policy can be viewed on the department's website at
www.immi.gov.au. See:
http://www.immi.gov.au/functional/privacy.htm
---------------------------------------------------------------------
**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************
Document Outline
