.au Domain Administration Ltd member funds used by Josh Rowe

UNCLASSIFIED

FOI 30-1718

Dear Mr Andruff

I refer to your email dated 25 November 2017 outlining a request for access under the Freedom of Information Act 1982 (FOI Act).

Timeframe for receiving your decision:
Please note that we will process your request in accordance with the Department’s FOI Policy and that the 30 day statutory period for processing the request commenced on 25 November 2017. You should therefore expect a decision from us by 25 December 2017. The period of 30 days may be extended in certain circumstances. We will advise you if there is any extension of time.

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

Charges:
Please note that it is the Department’s policy to issue charges for processing FOI requests and that we will advise you of the estimated charges when we are in a position to estimate the resources required to process the request.

Timing of release:
As the subject matter of the request will require the Department 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 documents to the disclosure log on the same day as or as soon as practicable after the documents are released. More information on the Department’s disclosure log is available in the FOI Policy.

Personal Information:
Your personal information has been collected by the Department as a result of your correspondence, and will be used in order to process the FOI request. Personal information is protected by law, including the Privacy Act 1988. The Department’s Privacy Policy is available on the website and contains information about access to or correction of your personal information, and how you may complain about a breach of your privacy.

Please note that if we need to consult with other people regarding release of the requested documents, we may need to disclose your personal information. When we consult with other people about the request, it may be apparent to those people that you have made a request, even if we do not disclose your identity. If you have concerns about the Department consulting with other people about the request, please let us know about these concerns.

Yours sincerely,

FOI Coordinator / Office of the General Counsel
Department of Communications and the Arts
E [Department of Communications and the Arts request email]

GPO Box 2154 Canberra ACT 2601

communications.gov.au
@CommsAu

arts.gov.au
@artsculturegov

-----Original Message-----
From: Ron Andruff [mailto:[FOI #4216 email]]
Sent: Saturday, 25 November 2017 2:06 PM
To: FOI <[email address]>
Subject: Freedom of Information request - .au Domain Administration Ltd member funds used by Josh Rowe

Dear Department of Communications and the Arts,

We hereby make a request under the Freedom of Information Act 1982 (Cth) ("Act") to access certain documents relating to .au Domain Administration Ltd ("auDA"), as more fully described below.

1. About auDA
auDA is the administrator of the Domain Name System in Australia endorsed by the Australian Government to administer the .au domain space. Clause 19.8 of auDA's constitution states that a "representative of the Commonwealth of Australia may attend any meeting of the Board of.. [auDA] as an observer". We understand that the Department of Communications and the Arts is currently an observer on the auDA board.

2.Background to the Request

Information has come to light to suggest that auDA paid substantial sums of money, possibly as much as $120,000 for the personal legal expenses and settlement costs, of Joshua Luke Rowe (Josh Rowe), his company Sanctum Internet Pty Ltd ACN 076 596 104 and his friend Stephen John Moulton. Mr Rowe’s lawyers on record were auDA’s lawyers, Maddocks.

The legal proceeding in question was Federal Court of Australia case number Court WAD239/2009 (‘the Proceeding’).

3. Requested Documents

I seek the following documents:

1. All documents evidencing payments made by Chris Disspain and or auDA to Joshua Luke Rowe (Josh Rowe), Sanctum Internet Pty Ltd ACN 076 596 104 and Stephen John Moulton relating to the Proceeding or otherwise;

2. All documents issued to auDA, Chris Disspain, Joshua Luke Rowe (Josh Rowe), Sanctum Internet Pty Ltd ACN 076 596 104, Stephen John Moulton including from Maddocks Lawyers where auDA funds were used to pay for the defense or legal costs of Josh Rowe, Sanctum Internet Pty Ltd ACN 076 596 104 or Stephen John Moulton;

3. All documents evidencing any other secret (non-member approved) payments made by auDA or Chris Disspain to Josh Rowe or the other Respondents in the Proceeding;

4. All documents detailing any advice or investigation (including by ASIC) about whether the payments received by Josh Rowe were in contravention of the Corporations Act, or whether they amounted to offenses under the Commonwealth Criminal Code or other laws of the Commonwealth;

We look forward to hearing from you and please let us know if you require further information or would like to discuss.

Yours faithfully,
Ron Andruff

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UNCLASSIFIED

Dear Mr Andruff

Please see attached correspondence in relation to your FOI Request
(reference FOI 30-1718).

Yours sincerely

[1]cid:C4234CC5-D32A-44FF-A754-F96227B373F7

Senior Lawyer, FOI / Information Law Section / Office of the General
Counsel

Department of Communications and the Arts

P +61 2 6271 1277

E [Department of Communications and the Arts request email]

GPO Box 2154 Canberra ACT 2601

[2]communications.gov.au

[3]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [4]@CommsAu

[5]arts.gov.au

[6]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [7]@artsculturegov

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in the handling of the
advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

-------------------------------------------------------------------------------
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recipient(s)
and may contain confidential and privileged information. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply email and destroy
all
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References

Visible links
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4. https://twitter.com/CommsAu?lang=en
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UNCLASSIFIED

FOI 30-1718

Dear Mr Andruff

I write to advise that the Department will be shut down from close of
business Friday 22 December 2016, reopening Tuesday, 2 January 2018.

The Department therefore seeks your agreement, under section 15AA of the
Freedom of Information Act 1982 (FOI Act), to a 10 day extension of the
processing period whilst its operations are suspended.

Should you agree, this will mean that the new access decision date
(subject to consultation requirements) will be 24 days after processing of
your request resumes following receipt of either payment of the charges
(in full or the required deposit) or a decision to waive the charges is
made.

Should you agree to our request for a 10 day extension of the processing
period, section 15AA of the FOI Act requires that your agreement is in
writing and therefore we’d be grateful if you could please respond by
return email to indicate whether or not you agree to our request.

I also take this opportunity to wish you all the best for the festive
season and the new year.

Yours sincerely

[1]cid:C4234CC5-D32A-44FF-A754-F96227B373F7

Senior Lawyer, FOI / Information Law Section / Office of the General
Counsel

Department of Communications and the Arts

P +61 2 6271 1277

E [Department of Communications and the Arts request email]

GPO Box 2154 Canberra ACT 2601

[2]communications.gov.au

[3]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [4]@CommsAu

[5]arts.gov.au

[6]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [7]@artsculturegov

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in the handling of the
advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

From: FOI
Sent: Monday, 11 December 2017 5:06 PM
To: [FOI #4216 email]
Subject: FOI 30-1718 Notice of Preliminary Estimate of Charges
[SEC=UNCLASSIFIED]

UNCLASSIFIED

Dear Mr Andruff

Please see attached correspondence in relation to your FOI Request
(reference FOI 30-1718).

Yours sincerely

[8]cid:C4234CC5-D32A-44FF-A754-F96227B373F7

Senior Lawyer, FOI / Information Law Section / Office of the General
Counsel

Department of Communications and the Arts

P +61 2 6271 1277

E [9][Department of Communications and the Arts request email]

GPO Box 2154 Canberra ACT 2601

[10]communications.gov.au

[11]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [12]@CommsAu

[13]arts.gov.au

[14]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [15]@artsculturegov

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in the handling of the
advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

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and may contain confidential and privileged information. Any unauthorized
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intended recipient, please contact the sender by reply email and destroy
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10. https://www.communications.gov.au/
12. https://twitter.com/CommsAu?lang=en
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FOI would like to recall the message, "FOI 30-1718 Notice of Departmental shutdown and request for extension of time [SEC=UNCLASSIFIED]".

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UNCLASSIFIED

FOI 30-1718

Dear Mr Andruff

I write to advise that the Department will be shut-down from close of
business Friday 22 December 2016, reopening Tuesday, 2 January 2018.

The Department therefore seeks your agreement, under section 15AA of the
Freedom of Information Act 1982 (FOI Act), to a 10 day extension of the
processing period whilst operations are suspended during the shut-down.

Should you agree to our request for a 10 day extension of the processing
period, section 15AA of the FOI Act requires that your agreement is in
writing and therefore we’d be grateful if you could please respond by
return email to indicate whether or not you agree to our request.

I also take this opportunity to wish you all the best for the festive
season and the new year.

If you received another version of this email, please accept my apologies
and disregard it as it was sent in error.

Yours sincerely

[1]cid:C4234CC5-D32A-44FF-A754-F96227B373F7

Senior Lawyer, FOI / Information Law Section / Office of the General
Counsel

Department of Communications and the Arts

P +61 2 6271 1277

E [Department of Communications and the Arts request email]

GPO Box 2154 Canberra ACT 2601

[2]communications.gov.au

[3]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [4]@CommsAu

[5]arts.gov.au

[6]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [7]@artsculturegov

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in the handling of the
advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

From: FOI
Sent: Monday, 11 December 2017 5:06 PM
To: [FOI #4216 email]
Subject: FOI 30-1718 Notice of Preliminary Estimate of Charges
[SEC=UNCLASSIFIED]

UNCLASSIFIED

Dear Mr Andruff

Please see attached correspondence in relation to your FOI Request
(reference FOI 30-1718).

Yours sincerely

[8]cid:C4234CC5-D32A-44FF-A754-F96227B373F7

Senior Lawyer, FOI / Information Law Section / Office of the General
Counsel

Department of Communications and the Arts

P +61 2 6271 1277

E [9][Department of Communications and the Arts request email]

GPO Box 2154 Canberra ACT 2601

[10]communications.gov.au

[11]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [12]@CommsAu

[13]arts.gov.au

[14]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [15]@artsculturegov

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in the handling of the
advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

-------------------------------------------------------------------------------
NOTICE: This email message is for the sole use of the intended
recipient(s)
and may contain confidential and privileged information. Any unauthorized
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References

Visible links
2. https://www.communications.gov.au/
4. https://twitter.com/CommsAu?lang=en
5. http://arts.gov.au/
7. https://twitter.com/artsculturegov?lang=en
9. mailto:[Department of Communications and the Arts request email]
10. https://www.communications.gov.au/
12. https://twitter.com/CommsAu?lang=en
13. http://arts.gov.au/
15. https://twitter.com/artsculturegov?lang=en

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UNCLASSIFIED

Dear Mr Andruff,

Many thanks; acknowledged.

Yours sincerely,

FOI Coordination / Governance Branch
Department of Communications and the Arts
E [Department of Communications and the Arts request email]

GPO Box 2154 Canberra ACT 2601

communications.gov.au
@CommsAu

arts.gov.au
@artsculturegov
-----Original Message-----
From: Ron Andruff [mailto:[FOI #4216 email]]
Sent: Saturday, 23 December 2017 8:40 AM
To: FOI <[email address]>
Subject: Re: FOI 30-1718 Notice of Departmental shutdown and request for extension of time [SEC=UNCLASSIFIED]

Dear FOI,

We agree to the extension of time.

Merry Christmas.

Yours sincerely,

Ron Andruff

-----Original Message-----

UNCLASSIFIED

FOI 30-1718

Dear Mr Andruff

I write to advise that the Department will be shut-down from close of business Friday 22 December 2016, reopening Tuesday, 2 January 2018.

The Department therefore seeks your agreement, under section 15AA of the Freedom of Information Act 1982 (FOI Act), to a 10 day extension of the processing period whilst operations are suspended during the shut-down.

Should you agree to our request for a 10 day extension of the processing period, section 15AA of the FOI Act requires that your agreement is in writing and therefore we’d be grateful if you could please respond by return email to indicate whether or not you agree to our request.

I also take this opportunity to wish you all the best for the festive season and the new year.

If you received another version of this email, please accept my apologies and disregard it as it was sent in error.

Yours sincerely

[1]cid:C4234CC5-D32A-44FF-A754-F96227B373F7

Senior Lawyer, FOI / Information Law Section / Office of the General Counsel

Department of Communications and the Arts

P +61 2 6271 1277

E [Department of Communications and the Arts request email]

GPO Box 2154 Canberra ACT 2601

[2]communications.gov.au

[3]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [4]@CommsAu

[5]arts.gov.au

[6]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [7]@artsculturegov

This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and you should ensure that, in the handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.

From: FOI
Sent: Monday, 11 December 2017 5:06 PM
To: [FOI #4216 email]
Subject: FOI 30-1718 Notice of Preliminary Estimate of Charges [SEC=UNCLASSIFIED]

UNCLASSIFIED

Dear Mr Andruff

Please see attached correspondence in relation to your FOI Request (reference FOI 30-1718).

Yours sincerely

[8]cid:C4234CC5-D32A-44FF-A754-F96227B373F7

Senior Lawyer, FOI / Information Law Section / Office of the General Counsel

Department of Communications and the Arts

P +61 2 6271 1277

E [9][Department of Communications and the Arts request email]

GPO Box 2154 Canberra ACT 2601

[10]communications.gov.au

[11]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [12]@CommsAu

[13]arts.gov.au

[14]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [15]@artsculturegov

This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and you should ensure that, in the handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.

References

Visible links
2. https://www.communications.gov.au/
4. https://twitter.com/CommsAu?lang=en
5. http://arts.gov.au/
7. https://twitter.com/artsculturegov?lang=en
9. mailto:[Department of Communications and the Arts request email] 10. https://www.communications.gov.au/
12. https://twitter.com/CommsAu?lang=en
13. http://arts.gov.au/
15. https://twitter.com/artsculturegov?lang=en

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4216 email]

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/offi...

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.

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UNCLASSIFIED

FOI 30-1718

Dear Mr Andruff,

Re: Freedom of Information (FOI) Request

I refer to your request under the FOI Act seeking access to:

“… 1. All documents evidencing payments made by Chris Disspain and or auDA
to Joshua Luke Rowe (Josh Rowe), Sanctum Internet Pty Ltd ACN 076 596 104
and Stephen John Moulton relating to the Proceeding or otherwise;

2. All documents issued to auDA, Chris Disspain, Joshua Luke Rowe
(Josh Rowe), Sanctum Internet Pty Ltd ACN 076 596 104, Stephen John
Moulton including from Maddocks Lawyers where auDA funds were used to pay
for the defense or legal costs of Josh Rowe, Sanctum Internet Pty Ltd ACN
076 596 104 or Stephen John Moulton;

3. All documents evidencing any other secret (non-member approved)
payments made by auDA or Chris Disspain to Josh Rowe or the other
Respondents in the Proceeding;

4. All documents detailing any advice or investigation (including by
ASIC) about whether the payments received by Josh Rowe were in
contravention of the Corporations Act, or whether they amounted to
offenses under the Commonwealth Criminal Code or other laws of the
Commonwealth. …”

I have attached Invoice No. 8020019 and Receipt No. 8811523 relating to
the payment of the $31.25 deposit of the FOI processing charges on 10
January 2018.

The Department’s examination of the documents relevant to your request has
identified that consultation is required under sections 27 and 27A of the
FOI Act. As such, the statutory timeframe for the processing of your
request has been extended by 30 days. As processing of your request
resumed on 11 January and taking into account your agreement dated 23
December 2017 to a 10 day extension of the processing period under section
15AA of the FOI Act, the statutory timeframe will now expire on 5 March
2018.

Best regards,

[1]cid:C4234CC5-D32A-44FF-A754-F96227B373F7

Senior Lawyer, FOI

Parliamentary Services Section / Governance Branch

Department of Communications and the Arts

P +61 2 6271 1277

E [2][Department of Communications and the Arts request email]

GPO Box 2154 Canberra ACT 2601

[3]communications.gov.au

[4]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [5]@CommsAu

[6]arts.gov.au

[7]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [8]@artsculturegov

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in the handling of the
advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

-------------------------------------------------------------------------------
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and may contain confidential and privileged information. Any unauthorized
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intended recipient, please contact the sender by reply email and destroy
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References

Visible links
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3. https://www.communications.gov.au/
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FOI 30 1718 signed decision.pdf

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UNCLASSIFIED

Dear Mr Andruff

Decision on access - FOI 30-1718 – .au Domain Administration Ltd member funds used by Josh Rowe

I refer to your request for access to documents in the possession of the Department of Communications and the Arts (the Department) in accordance with the Freedom of Information Act 1982 (the FOI Act).

Your request sought access to:

1. All documents evidencing payments made by Chris Disspain and or auDA to Joshua Luke Rowe (Josh Rowe), Sanctum Internet Pty Ltd ACN 076 596 104 and Stephen John Moulton relating to the Proceeding or otherwise;

2. All documents issued to auDA, Chris Disspain, Joshua Luke Rowe (Josh Rowe), Sanctum Internet Pty Ltd ACN 076 596 104, Stephen John Moulton including from Maddocks Lawyers where auDA funds were used to pay for the defense or legal costs of Josh Rowe, Sanctum Internet Pty Ltd ACN 076 596 104 or Stephen John Moulton;

3. All documents evidencing any other secret (non-member approved) payments made by auDA or Chris Disspain to Josh Rowe or the other Respondents in the Proceeding;

4. All documents detailing any advice or investigation (including by ASIC) about whether the payments received by Josh Rowe were in contravention of the Corporations Act, or whether they amounted to offenses under the Commonwealth Criminal Code or other laws of the Commonwealth.

A statement of reasons regarding access to the documents subject to your request is attached.

Please contact me if you have any questions regarding the processing of your request. I can be reached by telephone on (02) 6271 1652 or by email at [email address].

Regards,

FOI Coordinator / Governance
Department of Communications and the Arts
P +61 6271 1652