Appointment details Mr Gary John Finger

Sam made this Right to Information request to Queensland Department of Justice and Attorney-General

Waiting for an internal review by Queensland Department of Justice and Attorney-General of their handling of this request.

From: Sam

Delivered

Dear Queensland Department of Justice and Attorney-General,

Can you please confirm the current appointment for Mr Gary John Finger, of the Southport Courthouse.

The last public information I have been able to find Queensland Government Gazette 79 states his appointment as a Judicial Registrar for the 17 April 2015 - 16 April 2017.

Is this still the current appointment?

Yours faithfully,

Cherie

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From: Sam

Delivered

Dear Queensland Department of Justice and Attorney-General,

I refer to my recent FOI request 23 January 2019, as below and note that I have not received any response.

"Can you please confirm the current appointment for Mr Gary John Finger, of the Southport Courthouse.

The last public information I have been able to find Queensland Government Gazette 79 states his appointment as a Judicial Registrar for the 17 April 2015 - 16 April 2017.

Is this still the current appointment?."

Yours faithfully,

Cherie

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From: RTI Administration
Queensland Department of Justice and Attorney-General


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Good morning Sam

 

Thank you for your email.

 

I have forwarded this to our Human Resources department to respond
directly.

 

Kind Regards

Emma

 

 

Emma Rickuss

Administration Officer

Governance Team

Right to Information and Privacy

Department of Justice and Attorney-General

 ---------------------------------------------------------------------------------------------------------------------------------------------

P 07 3239 0756 (ext 90756)

F 07 3006 5929

E [1][email address]

                                     GPO Box 149, Brisbane, QLD, 4001

                                    

 

 

 

 

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From: HR
Queensland Department of Justice and Attorney-General

Hi Cherie

We are unable to confirm this information as it is private information.

Regards

Andrea Thompson
Senior HR Consultant | HR Business Services
Human Resources
Department of Justice and Attorney-General
D (07) 300 69082
[email address]
Please consider the environment before printing this email

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From: Sam

Delivered

Dear Queensland Department of Justice and Attorney-General,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Queensland Department of Justice and Attorney-General's handling of my FOI request 'Appointment details Mr Gary John Finger'.

My request for this information has been refused because 'its private'. I cannot see how the information requested could be considered to be private information.

The request pertains to a Public Official in a position of power in public office. The public is entitled to know the details of appointment of those persons whom are entrusted with the administration of justice.

It is in the public interest to have transparency and be kept informed about these matters so that there can be certainty that these positions are being filled by those who should rightfully be holding them.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...

Yours faithfully,

Sam

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From: RTI Administration
Queensland Department of Justice and Attorney-General


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Good morning Sam

Thank you for your email and your request for internal review of your “FOI request”. Unfortunately, we are unable to accept your request for internal review as the Freedom of Information At 1982 (Cth) does not apply to the Department of Justice and Attorney-General (DJAG) Queensland, as we are a state government agency. The applicable legislation in Queensland is the Right to Information Act 2009 (the RTI Act). When making a request under the RTI Act, there are a number of requirements which need to be met. Under section 24 (2) of the RTI Act, the application must:

•be in the approved form;
•be accompanied by the application fee, under s 24(4) the fee cannot be waived; and
•state whether access to the document is sought for the benefit or use of the applicant, or another entity, and if so the name of the other entity.

Your initial email was treated as a general enquiry as there was no specific reference to legislation or an application in the approved form attached. We are unable to accept your request for internal review as no decision has been made under the RTI Act. I have attached a copy of the approved form to this email should you wish to make a request. Alternatively, you may also choose to make a request via on the online portal at https://www.smartservice.qld.gov.au/serv.... Our apologies that you were not provided with the correct information when you first enquired.

The most recent publically available information on Mr Gary John Finger’s appointment was published in the Queensland Government Gazette on Friday 22 June 2018 (https://publications.qld.gov.au/dataset/.... Mr Finger was appointed to act as a magistrate on and from 1 July 2018 to and including 30 June 2020. The information is located on page 409.

I hope this information is of assistance. Please let me know if you require further clarification or additional information.

Kind regards

Carly

Carly Oliver
A/g Principal Executive Officer
Governance
Right to Information and Privacy
Department of Justice and Attorney-General
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P 07 3227 7618
E [email address]

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From: Sam

Delivered

Dear Carly,

Thank you for your reply.

I have tried accessing the link provided in your email a number of times to date however, it does not work.

The error message received each time advises,'The page cannot be found You can: return to the home page and look for links to the information; use the search input in the top right hand corner to search across Queensland Government publication sets; or double check the address'.

Are you able to provide a copy of the document?

In relation to the Freedom of Information At 1982 (Cth), all Australian States and Territories are bound by it, even the Department of Justice and Attorney-General (DJAG) Queensland, further should there be any inconsistencies between the State and Cth legislation, the Cth legislation prevails.

Further, people who are employed by the Department of Justice and Attorney-General (DJAG) office in every State and Territory have a fiduciary duty to the public and community at large, to ensure the administration of justice does't become an 'abuse of process', by being impartial and transparent.

The Departments commitment to the timely release of the information I have requested should ultimately be the primary concern. Again, there is no reasonable reason as to why this information is being difficult to be received and/or deliberately with held.

Yours sincerely,

Sam

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Locutus Sum left an annotation ()

It is true that the link provided by the officer is broken. It is also true that it is very very easy to use a search engine to look at the Queensland Government Gazette that is mentioned. I searched with DuckDuckGo.com for "Queensland Government Gazette 22 June 2018" exactly as the officer says in her email.

I went to
https://publications.qld.gov.au/group/ga...
and then to the list of gazettes for June 2018 at
https://publications.qld.gov.au/dataset/...
and then I downloaded the copy of the gazette for 22 June 2018 and it is exactly as the officer says. "The most recent publically available information on Mr Gary John Finger’s appointment was published in the Queensland Government Gazette on Friday 22 June 2018 ... Mr Finger was appointed to act as a magistrate on and from 1 July 2018 to and including 30 June 2020. The information is located on page 409."

So, (1) the request was invalid because it did not comply with the demands of the Right to Information Act (2) Although the request was invalid the officer tried to supply the information and explained what Gazette had the information (3) Although the link given by the officer was broken, the information was easy to find and was in the gazette that the officer explained, (4) the gazette shows exactly the information given by the officer about Mr Finger.

Conclusion: The applicant did not comply with the law but even so, the officer has provided the wanted information.

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From: RTI Administration
Queensland Department of Justice and Attorney-General


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Good morning Sam

 

Can you please provide an alternative email address we can send you this
information to?

 

Kind Regards

Emma

 

 

Emma Rickuss

Administration Officer

Governance Team

Right to Information and Privacy

Department of Justice and Attorney-General

 ---------------------------------------------------------------------------------------------------------------------------------------------

P 07 3239 0756 (ext 90756)

F 07 3006 5929

E [1][email address]

                                     GPO Box 149, Brisbane, QLD, 4001

                                    

 

 

 

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From: Sam

Delivered

Dear Emma,

You can send the information to [email address].

Yours sincerely,

Sam

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From: Sam

Delivered

Dear Emma,

You can send the information to [email address].

Yours sincerely,

Sam

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Things to do with this request

Anyone:
Queensland Department of Justice and Attorney-General only: