ALRC Copyright Review documents in context of Trans-Pacific Partnership Agreement (DFAT)

Brendan Molloy made this Freedom of Information request to Department of Foreign Affairs and Trade

The request was successful.

From: Brendan Molloy

Delivered

Dear Department of Foreign Affairs and Trade,

I hereby request, under the Freedom of Information Act (1982),
copies of the following documents:

a) Documents relating to any discussion or advice (given or
received) regarding the ALRC Copyright Review in the context of the
Trans-Pacific Partnership Agreement.

I also make the application that all costs for the processing of
this request be waived on the grounds that the release of this
information is in the public interest, will enhance the
transparency of the process and the public debate surrounding
potential legislative changes.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: Cheung, Ada
Department of Foreign Affairs and Trade

Our Ref: 1310-F689

Dear Mr Molloy,

Re: Freedom of Information (FOI) Request

Thank you for your email dated 31 October in which you seek access under the Freedom of Information Act 1982 to:

'Documents relating to any discussion or advice (given or received) regarding the ALRC Copyright Review in the context of the Trans-Pacific Partnership Agreement.'

Searches are now being undertaken in relevant areas of the Department for documents relevant to your request. I will contact you again once the searches have been completed.

Scope of request:
If it emerges that the scope of your request is unclear or is too large for processing, the Department will contact you to discuss re-scoping the request.

Charges:
Please note that the Department issues charges for processing FOI requests. We will advise you of these charges when we are in a position to estimate the resources required to process your request.

Timing of release:
As the subject matter of your request will require DFAT to upload any documents released to you to the Department’s FOI Disclosure Log, I take this opportunity to advise you that the Department’s policy is to upload released documents within one business day of your receipt of the documents.

Should you require any further information, please do not hesitate to contact me on (02) 6261 4570, or by return email.

Please note a copy of this email has been sent to Ms Indra McCormick, Director, Freedom of Information and Privacy Law Section, Domestic Legal Branch for her information.

Yours sincerely

Ada Cheung
Executive Officer
Freedom of Information and Privacy Law Section
Domestic Law Branch
International Law Division
Department of Foreign Affairs and Trade
Tel: +61 2 6261 3470
Fax: +61 2 6261 2144

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From: Cheung, Ada
Department of Foreign Affairs and Trade


Attachment DOC133.PDF.pdf
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Dear Mr Molloy,

Please find attached the charges letter in relation to your FOI request.

Yours sincerely,

Ada Cheung
Executive Officer
Freedom of Information and Privacy Law Section
Domestic Law Branch
International Law Division
Department of Foreign Affairs and Trade
Tel: +61 2 6261 3470
Fax: +61 2 6261 2144

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From: Brendan Molloy

Delivered

Dear Ms Cheung,

I contest the charges on the grounds that the information requested is very clearly in the public interest.

There has been a lot of debate and discussion by all stakeholders regarding whether or not the Trans-Pacific Partnership Agreement could have an effect on the ALRC Copyright Review, and it's high time some more information was provided as the negotiations are drawing to a close.

Considering the extremely high-profile leak of a recent negotiating draft of the IP chapter has been making the rounds, it certainly couldn't hurt for DFAT to actually provide useful information on this matter.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: McCormick, Indra
Department of Foreign Affairs and Trade


Attachment Molloy Request for waiver response.docx
314K Download View as HTML


Dear Mr Molloy
 
Please find attached my response to your request for a waiver of fees in
regard to your current FOI request.
 
Indra McCormick
Director
Freedom of Information and Privacy Law Section
Department of Foreign Affairs and Trade
 
 
 

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From: Brendan Molloy

Delivered

Dear Mr McCormick,

Is there any way this can be paid that won't end up costing 33% of the levied fees in payment fees?

A money order is around $9 and a bank cheque $10, so it's simply not cost effective.

Are you amenable to direct deposit?

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: McCormick, Indra
Department of Foreign Affairs and Trade

Dear Mr Molloy

You may pay by credit card by completing the authorisation form attached to my previous letter. Alternatively, if you wish to pay by Eftpos, please let us know and we can arrange it with the Cashier.

Sincerely

Indra McCormick

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From: Brendan Molloy

Delivered

Dear Mr McCormick,

As writing my credit card details on a piece of paper is perhaps the most archaic and insecure practice possible for making payment, even putting cheque to shame, I will opt for EFT.

I would also recommend reviewing payment process for FOI requests to join the rest of the digital era, with security and convenience built in by default.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: McCormick, Indra
Department of Foreign Affairs and Trade

Mr Molloy

The details for a direct credit payment are below:

Account Name: Department of Foreign Affairs and Trade BSB No.: 092-009 Account No.: 110329

Please include your surname and ‘FOI’ in the reference field.

Please advise when you have made the payment, as we need to provide the details to Accounts so they know what this payment is for.

Indra McCormick

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From: Brendan Molloy

Delivered

Dear Mr McCormick,

I have paid the $20 deposit, using the reference "FOI 1310-F689" for additional clarity as to which FOI request it pertains to.

Here is the receipt: https://dl.dropboxusercontent.com/u/7611...

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: FOI
Department of Foreign Affairs and Trade

Dear Mr Molloy

Your request currently falls due on 24 December. We would be grateful for an extension of 30 days to take into account the significant loss of working days over the forthcoming Christmas/new year period, as well as key staff absences. The new deadline would be 23 January.

Yours sincerely

DFAT FOI team

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From: Brendan Molloy

Delivered

Dear FOI team,

With respect, I couldn't possibly consent to this extension. The 30 days provided by the Act is the maximum (excluding extensions provided by the Act), not minimum, days allowed for processing a request. The request could be fulfilled before the relevant persons leave for their holiday break.

As it stands, this request is very straightforward, the information requested becomes less useful as time goes on, and I have already paid the deposit for this request to be fulfilled.

I am happy to reconsider a request for an extension as the deadline is much closer, but until there is a justified reason other than the spectre of holiday leave, I must decline.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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Brendan Molloy left an annotation ()

They requested the 30 day extension from the OAIC and it was accepted.

http://brendan.so/2013/12/11/dfat-grante...

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From: Brendan Molloy

Delivered

Dear FOI,

As 23 January approaches, I was wondering if it would be possible to let me know whether or not the quoted price for the request is still the final amount, or whether that is likely to change.

It would be great if I could be informed of the cost by Monday at the latest so I can transfer the remaining amount and there are no further delays to the release of the documents.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: FOI
Department of Foreign Affairs and Trade

Dear Mr Molloy

I can confirm that the charges estimate of $54.85 sent to you on 13 November 2013 has not changed. You have paid a deposit of $20 and the balance of $34.85 is payable before the documents can be released to you. The details for a direct credit are as follows:

Account Name: Department of Foreign Affairs and Trade
BSB: 092-009
Account Number: 110329

Please include your surname and 'FOI' in the reference field and send an email to [DFAT request email] once you have made the payment so we can notify our Accounts team.

Regards

Freedom of Information and Privacy Law Section
Domestic Legal Branch

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From: Brendan Molloy

Delivered

Dear FOI,

https://dl.dropboxusercontent.com/u/7611...

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: FOI
Department of Foreign Affairs and Trade


Attachment Decision Letter to Mr Brendan Molloy TPP.PDF.pdf
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Attachment Schedule of Documents Brendan Molloy TPP.PDF.pdf
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Attachment Documents for Release Brendan Molloy TPP.PDF.pdf
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Dear Mr Molloy
 
I refer to your freedom of information request seeking access to documents
relating to the ALRC Copyright Review in the context of the Trans-Pacific
Partnership Agreement.
 
Please find attached the decision-maker’s letter, schedule of documents
and the documents being released to you.
 
Kind regards
 
 
FOI and Privacy Law Section
Domestic Legal Branch
Department of Foreign Affairs and Trade
 
 

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From: Brendan Molloy

Delivered

Dear FOI,

Thank you for fulfilling my request. Unfortunately, the OAIC extended the deadline to January 23 under s15AB(2), and the request was fulfilled on January 24.

According to s5(3) of the Freedom of Information (Charges) Regulations 1982, no charge may be applied if a decision was not made within the extended period. s14(b) states that the deposit must be returned if s5(3) applies.

As such, you may return the full amount paid to the following bank account:

Account Name: Pirate Party Australia Incorporated
BSB: 633-000
Account Number: 138 718 051

Thanks.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: FOI
Department of Foreign Affairs and Trade

Dear Mr Molloy

Thank you for your email below.

Payment was received by the Department for processing on 23 January 2014. Documents were released to you on 24 January. The Department is processing your refund.

Regards

FOI and Privacy Law Section
Department of Foreign Affairs and Trade

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From: Brendan Molloy

Delivered

Thanks Indra!

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: Scott, John
Department of Foreign Affairs and Trade


Attachment E Commerce Form.dot.doc
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Dear Mr Molloy
 
I refer to your FOI request (ref: 1310-F689).
 
I would be grateful if you could complete the attached form to allow the
Department to process a refund of your FOI charges totalling $54.85. 
Please send your completed form to [1][email address] , with copy
to Ms Maryann Baric at [2][email address]
Many thanks
 
John Scott
Freedom of Information and Privacy Law Section
Corporate Legal Branch
Department of Foreign Affairs and Trade
 
 
 
 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

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From: Brendan Molloy

Delivered

Dear Mr Scott,

This is entirely unacceptable. I have already provided all of the necessary information to have my money returned.

The payment processes within DFAT are so archaic as to be offensive. After having been requested to provide my credit card details on a paper document which is considered a very inappropriate information security breach in 2014, I am now expected to fill out a services procurement form and email it back to you in order to have a refund processed?

Providing the money for a request that in reality should not have required a payment whatsoever due to its simplicity was already a nightmare. Why should the delays and errors of your department now require further effort on my part just to have my money returned to me?

I have already provided the relevant banking details for returning my money in a previous email. Forward that to the relevant department and process the refund.

If the information I have already provided isn't sufficient to have a refund processed, I will have to levy an administration fee and processing fees. I might take holiday leave part way through completing the form though, further delaying your request.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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Ben Fairless left an annotation ()

Why do I get the feeling that DFAT doesn't like you very much Brendan. I would be inclined to complain to OAIC if you can't get past the silliness of signing a vendor form to be given a refund!

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From: FOI
Department of Foreign Affairs and Trade


Attachment Payment Advice FOI Refund to Brendan Molloy 1310 F689.pdf
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Dear Mr Molloy
 
Please find attached correspondence relating to FOI matter 1310-F689.
 
Kind regards
 
FOI & Privacy Law Section
Corporate Legal Branch
Legal Division
 
 
 
 

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Brendan Molloy left an annotation ()

Seems they capitulated and realised I was not going to fill out their services procurement form. :)

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Things to do with this request

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