ATTACHMENT A
From:
C Drake
To:
FOI Requests
Subject:
Freedom of Information request - All supporting documents mentioned in refusal of FOI 22/54
Date:
Saturday, 24 September 2022 9:51:43 AM
Dear Department of Finance,
Please supply:
[In relation to items in the section "Decision" of FOi 22/54]
1. the Sponsorship Agreement between auDA and Finance (suitably redacted where necessary) but which must
include all terms and references relating to confidential information and any such requirements as they might
apply to the domain names themselves
2. the Registry-Registrar Agreement between Identity Digital and Finance; (suitably redacted where necessary)
but which must include all terms and references relating to confidential information and any such requirements
as they might apply to the domain names themselves
3. the outbound consultation with auDA and Identity Digital
4. and the joint submissions made by auDA and Identity Digital
[in relation to the Background or any other part of FOi 22/54]
5. all outbound correspondence in which I am mentioned (by name or otherwise) and/or which my FoI 22/54 is
mentioned or related to, since (and including) the date of my filing of my FoI, upto and including the moment
you fulfill this request.
6. all inbound correspondence in response to items 3 and 5 above, or in which I am mentioned (by name or
otherwise) and/or which my FoI 22/54 is mentioned or related to.
7. The "information" cited in your statement "inconsistent with the information that has been provided directly
to Finance by Identity Digital." in relation to my statement: "The best way to fulfil my request is to get in touch
with Afilias Australia Pty Ltd. I've opened a case with them, and all they need from you is the approval to send
me the list." which related to the following:-
6

Date: Thu, 4 Aug 2022 07:21:00 +0000 (GMT)
From: ".au Support" <xxxxxxx@xxxxxxx.xxx.xx>
Sender: xxxxxxx@xxxxxxxxxx.xxx
Subject: [.au Support - Case #01239018] The “master list” of gov.au public domain names.
Hi Chris,
Since you need report on gov.au domains you need to contact the registrar Department of Finance-.au. You can
either get this report for them or if they request us to send it, we are happy to send the report to the registrar.
But, it should be requested by the registrar's authorised contact.
Should you require further assistance please do not hesitate to contact us and include the string:
ref:_00DD0CWb4._5004G2Ri8xw:ref in the body of all future correspondence with regards to this ticket. To do
so, you may simply reply to this message.
Sincerely,
Abhinav Vatsavaya
.au Support
Web Portal: https://portal.afilias.info/
Email: xxxxxxx@xxxxxxx.xxx.xx
Phone: +61-3-9945-0650 (Australia)
Phone: +1-416-619-3038 (North America)
8. The complete document and/or transcript chain, and all specified "objections" mentioned in your statement
"In considering whether or not the Master List should be released to you, Finance consulted with both auDA
and Identity Digital who jointly objected to the disclosure of the Master List.".  I want to know what you said to
them, which made them (according to you) change their minds (see their letter to me above) - so be sure that
what you did say to them is included in your response.
9. The complete and current list of public-facing government .au domain names (no other information, just the
domain names).  Note that this used to be publicly available on assorted government web sites, but those URLs
(e.g. https://data.gov.au/dataset/a-z-list-of-government-sites ) are now returning 404-not-found errors.  Previous
FoI requests to this information have been granted (e.g.
https://www.righttoknow.org.au/request/list_of_government_govau_domains )
Yours faithfully,
7

C Drake
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Is xxx@xxxxxxx.xxx.xx the wrong address for Freedom of Information requests to Department of Finance? If so,
please contact us using this form:
https://www.righttoknow.org.au/change_request/new?body=finance
This request has been made by an individual using Right to Know. This message and any reply that you make
will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your
organisation's FOI page.
-------------------------------------------------------------------
Be careful with this message
External email. Do not click links or open attachments unless you recognise the sender and know the content is
safe.
8

ATTACHMENT B
From:
C Drake
To:
FOI Requests
Subject:
Re: FOI 22/85 -Preliminary charges notice [SEC=OFFICIAL]
Date:
Wednesday, 12 October 2022 4:34:50 PM
Dear FOI Requests,
No charges should be imposed for my request for the following reasons:
Some of my request relates to information about myself (items 5, 6, and 7) which are exempt from charges.
Items 3, 4 and 8 almost certainly also relate to information about myself (they were generated as a result of my
request)
Item 9 is immediately available via numerous mean and takes no more than a 5 minute phone call, or 5 minute
email, to make available to me if desired.
Items 1 through 8 have ALREADY been "located" and used in connection with my earlier FoI request for
which no fees were levied.  It would be improper to charge me for work that has already taken place, or to
charge "search" for items that are already "found", or to charge me for "decision" time on these items (see
below).
I contend that the information I am seeking will reveal impropper behavior of FoI officer(s) in connection with
my earlier request, and will show them taking steps to prevent the disclosure of information to me by
negotiating with a formerly agreeable 3rd party and convincing them to raise an improper objection, or it will
reveal that an FoI officer has told lies in support of rejecting a previous FoI request and has alleged the false
existence or meaning of documents or intent.  It is absolutely improper to charge me so that an FoI officer can
spend time redacting and fighting against the release of documents which will almost certainly reveal improper
behavior of that FoI officer.  Accordingly:-
THE IMPOSITION OF CHARGES FOR THIS SEARCH ARE UNDENIABLY AN ATTEMPT TO
DISCOURAGE MY FoI REQUEST.
If you refuse to withdraw this charge request, I require a detailed breakdown of the costs involved for each
process of my items 1 through 9, along with an explanation as to why search and decision time  might be
required (taking into account the fact that all these documents were already used in support of rejecting my
earlier FoI request) so that I can check that the breakdowns are honest, allowable and genuine.
I'm happy to pay any *genuine* charges if it result in the release of item 9, and I'm also happy to pay any
charges on the condition that I receive a full refund, along with supply of item 9, if an independent arbitrar
believes that improper conduct has occurred based on the release (or non-release) of items 1 through 8.
9

Yours sincerely,
C Drake
-----Original Message-----
SEC=OFFICIAL
Dear Mr Drake
Please see attached a preliminary charges notice in relation to your FOI
request (our reference FOI 22/85).
Please note that the Office of the Australian Information Commissioner
(OAIC) sets out the process for [1]calculating and imposing charges,
together with information regarding when an agency should [2]correct,
reduce or waive charges.
Kind regards
[3]cid:image002.png@01D892E6.FF23F6B0
FOI Officer | Legal and Assurance Branch
10

Business Enabling Services
Department of Finance
E: [4][Finance request email]
A: One Canberra Avenue, Forrest ACT 2603
SEC=OFFICIAL
References
Visible links
1. https://www.oaic.gov.au/freedom-of-information/guidance-and-advice/calculating-and-imposing-charges-
for-foi-access-requests
2. https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-4-charges-for-providing-
access#correction-reduction-or-waiver-of-charges
4. mailto:[Finance request email]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make
will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
Please note that in some cases publication of requests and responses will be delayed.
11

If you find this service useful as an FOI officer, please ask your web manager to link to us from your
organisation's FOI page.
-------------------------------------------------------------------
Be careful with this message
External email. Do not click links or open attachments unless you recognise the sender and know the content is
safe.
12

ATTACHMENT C
FOI CHARGES ESTIMATE TOOL - SIMPLE
(insert data in shaded boxes only)
GENERAL DATA ESTIMATE
(terms in red are explained on the notes sheet)
Pages (approx) of material in scope
74 in A4 pages
Number of discrete relevant documents
5
Percentage (approx) of pages to disclose in whole
95%
Percentage (approx) of pages requiring redaction
5%
Percentage (approx) of content that is applicant's own personal
information
0%
Number of third parties to consult
2
COST @ $15 per
PROCESS - search and retrieval
TIME per task   charge time:
hr
Time required to execute searches - enter hours (including part hours eg 0.5)
0.2
0.20
$3.00
Preparing schedules detailing all relevant documents (basic data entry eg doc
no, date, description) - enter minutes per 10 documents
10
0.08
$1.25
Search & Retrieval Subtotal
0.28
$4.25
COST @ $20 per
PROCESS - decision-making
TIME per task   charge time:
hr
Examine relevant pages for decision making - enter minutes per page
3
3.70
$74.00
Redacting pages that are partially disclosed - enter minutes per page
5
0.31
$6.17
Consult third parties - enter average per third party in hours
2
4.00
$80.00
Preparation and notification of decision
Writing statement of reasons - enter hours
5
5.00
$100.00
Complete schedule by recording decision @ 4 documents per minute
0
$0.00
Decision-making Subtotal (before deduction of 5 hours)
13.01
$260.17
Decision-making Subtotal (after deduction of first 5 hours free for all)
8.01
$160.17
COST @ $6.25 per
ACCESS - view / inspect
TIME per task   charge time:
1/2 hr
Supervised inspection of documents - minutes per page
0.00
0.00
Supervised inspection of audio/visual material - insert total duration of material
in minutes then add 30 mins set-up and pack-up time
0.00
0.00
Inspection/Viewing Subtotal
0.00
0.00
$0.00
COST @ 10c a
ACCESS - copy and post
PAGES
page
Photocopies of estimated released pages (including those with deletions) - set
to 0 if providing electronical y
74
$0.00
Electronic media (eg USB drive, CD-ROM) and/or postage - insert estimated
cost of materials
Access Subtotal
$0.00
ESTIMATED TOTALS
NUMBER OF RELEASED PAGES
74
TIME (in hours)
8.29
TOTAL COST
$164.42
Financial hardship/public interest discount (as %)
0%
$0.00
TOTAL COST (after discount)
$164.42
13

ATTACHMENT D

Freedom of Information – Your Review Rights

If you disagree with a decision made by the Department of Finance (Finance) or the
Minister for Finance (Minister) under the Freedom of Information Act 1982 (the FOI Act)
you can have the decision reviewed. You may want to seek review if you sought certain
documents and were not given full access, if you have been informed that there will be a
charge for processing your request, if you have made a contention against the release of
the documents that has not been agreed to by Finance or the Minister, or if your
application to have your personal information amended was not accepted. There are two
ways you can seek a review of our decision: an internal review (IR) by Finance or the
Minister, or an external review (ER) by the Australian Information Commissioner (IC).

Internal Review (IR)
Third parties
If, Finance or the Minister (we/our), makes a
If you are a third party objecting to a decision
Freedom of Information (FOI) decision that
to grant someone else access to your
you disagree with, you can seek a review of
information, you must apply to the IC within
the original decision. The review will carried
30 calendar days of being notified of our
out by a different decision maker, usually
decision to release your information.
someone at a more senior level.
Further assistance is located here.

You must apply for an IR within 30 calendar
Do I have to go through the internal
days of being notified of the decision or
review process?
charge, unless we agree to extend your time.
No. You may apply directly to the OAIC for
You should contact us if you wish to seek an
an ER by the IC.
extension.

We are required to make an IR decision
If I apply for an internal review, do I
within 30 calendar days of receiving your
lose the opportunity to apply for an
application. If we do not make an IR decision
external review?
within this timeframe, then the original
No. You have the same ER rights of our IR
decision stands.
decision as you do with our original decision.

This means you can apply for an ER of the
Review by the Australian
original decision or of the IR decision.
Information Commissioner (IC)

Do I have to pay for an internal review
The Office of the Australian Information
or external review?
Commissioner (OAIC) is an independent
office who can undertake an ER of our
No. Both the IR and ER are free.
decision under the FOI Act. The IC can

review access refusal decisions, access grant
decisions, refusals to extend the period for
applying for an IR, and IR decisions.

If you are objecting to a decision to refuse
access to a document, impose a charge, or a
refusal to amend personal information, you
must apply in writing to the IC within 60
calendar days of receiving our decision.

14

How do I apply?
Can I appeal the Information

Commissioner’s external review
Internal review
decision?
To apply for an IR of the decision of either
Yes. You can appeal the Information
Finance or the Minister, you must send your
Commissioner’s ER decision to the
review in writing. We both use the same
Administrative Appeals Tribunal (AAT).
contact details, and you must send your

review request in writing.
There is a fee for lodging an AAT application

(as at 12 October 2022 it is $1,011).
In your written correspondence, please

include the following:
Further information is accessible here.

•  a statement that you are seeking a review
The AAT’s number is 1800 228 333.
of our decision;

•  attach a copy of the decision you are
Complaints
seeking a review of; and

•  state the reasons why you consider the
Making a complaint to the Office of the
original decision maker made the wrong
Australian Information Commissioner
decision.

You may make a written complaint to the
Email: xxx@xxxxxxx.xxx.xx
OAIC about actions taken by us in relation to

your application.
Post:   The FOI Coordinator

Legal and Assurance Branch
Further information on lodging a complaint is
Department of Finance
accessible here.
One Canberra Avenue

FORREST ACT  2603
Investigation by the Commonwealth

Ombudsman
External review (Information
The Ombudsman can also investigate
Commissioner Review)
complaints about action taken by agencies
For an ER, you must apply to the OAIC in
under the FOI Act. However, if the issue
writing. The OAIC ask that you commence a
complained about either could be, or has been,
review by completing their online form here.
investigated by the IC, the Ombudsman will

consult with the IC to avoid the same matter
Your application must include a copy of the
being investigated twice. If the Ombudsman
notice of our decision that you are objecting
decides not to investigate the complaint, then
to, and your contact details. You should also
they are to transfer all relevant documents and
set out why you are objecting to the decision.
information to the IC.

Email: xxxxx@xxxx.xxx.xx
The IC can also transfer a complaint to the

Ombudsman where appropriate. This could
Post: Office of the Australian Information
occur where the FOI complaint is only one
Commissioner
part of a wider grievance about an agency’s
GPO Box 5218
actions. You will be notified in writing if your
Sydney NSW 2001
complaint is transferred.

The IC’s enquiries phone line is
Complaints to the Ombudsman should be
1300 363 992.
made online here.

The Ombudsman’s number is 1300 362 072.

15

Document Outline