PO Box 7820 Canberra BC ACT 2610
22 February 2021
Our reference: LEX 60430
Mr Anatoly Kern
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Kern
Decision on your Freedom of Information Request
I refer to your revised request received by Services Australia (the agency) on
25 January 2021, for access under the
Freedom of Information Act 1982 (the FOI Act) to the
following documents:
Of cause, you can do whatever you want, freedom of information regime is a long
time as completely dysfunctional thanks to way too many schizophrenic psychopaths
within the legal departments spreading their insane views around. (as well as lack of
real oversight)
Substantially you are requesting to clarify the type of document and the date range
for it, both of which I don't really know, it could be a legal note, email, letter, training
instruction, internal policy. (I can't really accept that you are so incompetent to be
unaware of s25c of CSRCA)
As I have noted before, you should ask yourself (dhs legal) as the ones, who play a
crucial role in killing over a thousand of people every year and who is directly
responsible for 'So when' question or refer the search inquiry to NCP UB55Y (look it
up by employee id) or anyone from the department of Serial Criminals not willing to
take the responsibility for those killing.
Though it could have been in the public interest to see the requested information as it
shows how violent serial criminals within the government using psychopaths mirroring
technique against their victims abusing existing safety measures and procedures.
My decision
I am satisfied your request does not provide sufficient information to enable the agency to
identify the documents you are seeking. Therefore, I have decided to refuse your request
under section 24(1) of the FOI Act because a 'practical refusal reason' still exists under
section 24AA of the FOI Act.
The reasons for my decision, including the relevant sections of the FOI Act, are set out in
Attachment A.
You can ask for a review of our decision
If you disagree with the decision you can ask for a review. There are two ways you can do
this. You can ask for an internal review from within the agency, or an external review by the
Office of the Australian Information Commissioner. You do not have to pay for a review of the
decision. See
Attachment B for more information about how to request a review.
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Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx. Yours sincerely
Alexandra
Authorised FOI Decision Maker
Freedom of Information Team
Employment Law and Freedom Of Information Branch | Legal Services Division
Services Australia
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Attachment A
REASONS FOR DECISION
What you requested
On 12 January 2021, you requested:
I am looking to obtain a copy of the internal staff instruction on how to respond to "So
when" question, which is completely pronounced as "So when are you going to
comply with the limitation of s25c and accept responsibility for knowingly participating
in criminal harassment actions, unlawfully using violence and causing permanent
disability."
If you are having issues locating this document I am sure that NCP UB55Y would be
of your service on that, or anyone from the department of Serial Criminals that is
causing the death of more than a thousand people every year, but not taking the
responsibility for it.
Request consultation process
On 14 January 2021, I wrote to you under section 24AB(2) of the FOI Act providing a notice
of my intention to refuse your request as your request did not clearly identify the documents
you were seeking access to. I gave you an opportunity to consult with the agency to revise
your request so as to remove the practical refusal reason.
On 25 January 2021, you revised your request to be:
Of cause, you can do whatever you want, freedom of information regime is a long
time as completely dysfunctional thanks to way too many schizophrenic psychopaths
within the legal departments spreading their insane views around. (as well as lack of
real oversight)
Substantially you are requesting to clarify the type of document and the date range
for it, both of which I don't really know, it could be a legal note, email, letter, training
instruction, internal policy. (I can't really accept that you are so incompetent to be
unaware of s25c of CSRCA)
As I have noted before, you should ask yourself (dhs legal) as the ones, who play a
crucial role in killing over a thousand of people every year and who is directly
responsible for 'So when' question or refer the search inquiry to NCP UB55Y (look it
up by employee id) or anyone from the department of Serial Criminals not willing to
take the responsibility for those killing.
Though it could have been in the public interest to see the requested information as it
shows how violent serial criminals within the government using psychopaths mirroring
technique against their victims abusing existing safety measures and procedures.
What I took into account
In reaching my decision I took into account:
your original request dated 12 January 2021
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your revised request on 25 January 2021
consultations with agency officers about:
o the nature of the requested documents
o the agency's operating environment and functions,
guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (the Guidelines), and
the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Following the request consultation process outlined above, in accordance with section
24(1)(b) of the FOI Act, I am satisfied a practical refusal reason still exists as you have not
provided sufficient information to identify the requested documents. The reasons for my
decision are outlined below.
Practical refusal reason
Section 24AA of the FOI Act provides a practical refusal reason exists if a request for
documents does not satisfy the requirement in section 15(2)(b) of the FOI Act (identification
of documents).
Section 15(2)(b) of the FOI Act provides a valid FOI request must:
provide such information concerning the document as is reasonably necessary to
enable a responsible officer of the agency, or the Minister, to identify it.
Why your request does not satisfy the requirement in section 15(2)(b)
Your original and revised requests both refer to section 25C of the
Child Support
(Registration and Collection) Act 1988 (Section 25C) and link section 25C to:
a “so when question”
criminal harassment
violence
causing permanent disability, and
killing over a thousand individuals each year.
Section 25C makes reference to residency status and makes no mention of criminal
harassment, death, violence or disability. Further, no part of section 25C refers to, or has any
obvious connection to, the “so when question” set out in your original request. As such, it is
unclear how section 25C relates to the subject matter of your request, and therefore, I am
unable to identify documents that are relevant.
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We also spoke with the Service Officer mentioned in your request and they were unable to
provide any clarity regarding the scope.
Although you have attempted to revise your request, I am satisfied under section 24AA(1)(b)
of the FOI Act your revised request does not provide sufficient information to enable a
responsible officer of the agency to identify the documents you are seeking. As such, I have
decided to refuse your request under section 24(1) of the FOI Act.
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Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a freedom of information (FOI) decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We will explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of an FOI decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (
FOI Act)
gives you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by:
1. an Internal Review Officer in the agency; and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the agency delegate who made
the original decision will carry out the review. The Internal Review Officer will consider all
aspects of the original decision and decide whether it should change. An application for
internal review must be:
made in writing
made within 30 days of receiving this letter
sent to the address at the top of the first page of this letter.
Note 2: You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the department within 30
days of applying, you can ask the Australian Information Commissioner for a review of the
original FOI decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
You can
lodge your application:
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Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
If you are applying online, the application form the 'Merits Review Form' is available
at
www.oaic.gov.au.
If you have one, you should include with your application a copy of the agency’s
decision on your FOI request
Include your contact details
Set out your reasons for objecting to the agency's decision.
Complaints to the Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner
You may complain to the Australian Information Commissioner concerning action taken by
an agency in the exercise of powers or the performance of functions under the FOI Act,
There is no fee for making a complaint. A complaint to the Australian Information
Commissioner must be made in writing. The Australian Information Commissioner's contact
details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au Commonwealth Ombudsman
You may also complain to the Commonwealth Ombudsman concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be
made in person, by telephone or in writing. The Commonwealth Ombudsman's contact
details are:
Phone: 1300 362 072
Website:
www.ombudsman.gov.au
The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.
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