OFFICIAL

Good afternoon,

 

Thank you for your FOI inquiry.

 

Please note, part of the records you have requested are subject to the Archives Act 1983, specifically Part 1(7) which dictates the open access period of records.

 

This is reflected in the Freedom of Information Act Part 3(12)(1) which reads:

 

12  Part not to apply to certain documents

             (1)  A person is not entitled to obtain access under this Part to:

                     (a)  a document, or a copy of a document, which is, under the Archives Act 1983, within the open access period within the meaning of that Act unless the document contains personal information (including personal information about a deceased person); or

                     (b)  a document that is open to public access, as part of a public register or otherwise, in accordance with another enactment, where that access is subject to a fee or other charge; or

                   (ba)  a document that is open to public access, as part of a land title register, in accordance with a law of a State or Territory where that access is subject to a fee or other charge; or

                     (c)  a document that is available for purchase by the public in accordance with arrangements made by an agency.

 

Records created before 1999 are classed as open access records and must be requested under the Archives Act from the National Archives of Australia (NAA).

 

The following link will take you to the NAA website: https://www.naa.gov.au/

 

For records created after this period and requested under the FOI Act, please note in its current form your request is not considered valid under section 15(2)(b) [Requests for access] of the Freedom of Information Act 1982 (FOI Act) as you have not provided such specific information concerning the documents as is reasonably necessary to enable a responsible officer of the agency to identify them. 

Accordingly, prior to the Department accepting your request, I seek clarification as to the documents you wish to obtain. In particular, I seek clarification as to specific and smaller dates/range, title/s or content of files, area/unit in defence etc.

 

Noting the above grateful if you could please respond by 22 December 2020 with how you wish to proceed.

 

Kind regards

 

Matthew Ashauer | Freedom of Information

Acting Assistant Director
Enterprise Reform Branch | Governance and Reform Division | Department of Defence
a CP1-6-002 Campbell Park Offices ACT 2600
t (02) 6203 6969| e [email address]

 

Please be advised the Department is subject to a stand-down period from 24 Dec 20 – 3 Jan 21 (inclusive) The FOI Directorate will endeavour to finalise requests prior to this period where possible. We may contact you to seek your agreement to an extension of time.

 

IMPORTANT: This email remains the property of the Department of Defence. Unauthorised communication and dealing with the information in the email may be a serious criminal offence. If you have received this email in error, you are requested to contact the sender and delete the email immediately.