OFFICIAL

Good afternoon

Thank you for your email received on 24 September 2020 via the Right to Know website requesting access to documents in the possession of the Department of Infrastructure, Transport, Regional Development and Communications (the Department) in accordance with the Freedom of Information Act 1982 (the FOI Act).

You will be notified of any charges payable in relation to your request or of a decision regarding your FOI request as soon as this has been determined. In accordance with section 15(5)(b) you can expect to hear from the Department regarding your request within 30 days. The current due date for decision regarding your request is no later than 24 October 2020.

Where documents found to be within scope of your request contain the names and contact details of employees below Senior Executive Service (SES) level in the Department and/or advisers in the Minister’s Office, should you agree, it is proposed that those names and contact details be considered irrelevant to the scope of your request. Grateful if you could please confirm via return email whether you agree to these details being out of scope of your request?

Regards

FOI Team
Governance, Parliamentary and Integrity Branch | Corporate Services Division
Department of Infrastructure, Transport, Regional Development and Communications
GPO Box 594, Canberra ACT 2601
e [email address]

The department proudly acknowledges the Traditional Owners and Custodians of Australia, and their continuing connections to the land, waters and communities. We pay our respects to them and to their Elders past, present and emerging.

OFFICIAL

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OFFICIAL

Dear Requester
While processing your request, the department has identified that your request includes documents containing business information of a person or an organisation. In accordance with section 27 of the FOI Act, the department is required to consult with those entities before making a decision on release of documents.

To allow this, the processing time limit for your request has been extended by 30 days in accordance with section 15(6) of the FOI Act.

Regards

Melissa
FOI team
Department of Infrastructure, Transport, Regional Development and Communications

OFFICIAL

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OFFICIAL

Dear Requester

Please find attached the estimate of charges for your request.

OFFICIAL

Regards

Melissa
FOI team
Department of Infrastructure, Transport, Regional Development and Communications

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OFFICIAL

Hi - your deposit is being processed.
To reduce the charge you can remove points from the request, request single documents, remove emails, etc.

Thanks
Melissa
FOI Team

OFFICIAL

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OFFICIAL

Receipt for the deposit payment is attached.

OFFICIAL

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OFFICIAL

Dear Requester

As the deposit has been paid we are going to continue processing your request. I note you were considering reduction of the request to reduce charges and we have not received any further email from you on this. If you wish to reduce the amount of material you have requested please do so by COB 3/11/20, otherwise we will continue to process the request in full, and we will not accept scope reduction after this point.

Thanks
Melissa
FOI Team

OFFICIAL

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OFFICIAL

Dear Requester

I refer to your request seeking access to documents regarding the Call of Duty game classification. This matter has been finalised. Please see attached the FOI access decision letter and documents released to you under FOI.

You will note in your decision letter that further documents may be released to you if an affected third party does not appeal the delegates decision in relation to those documents. This is all outlined in more detail in the attached FOI access decision letter.

If you would like to discuss this matter please call the FOI team on 02 6274 7393 or email [email address]

Kind regards
FOI team

OFFICIAL

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OFFICIAL

Dear Requester

The review rights period relevant to the Department's decision has now expired, no request for extension of time to apply has been received by the Department and the Office of the Australian Information Commissioner has confirmed that no request for Information Commissioner review has been received.

The documents withheld during the review rights period can now be released to you following payment of the remainder of the charges. The amount of charges has been reassessed based on the actual work and documents. The new calculation results in an amount that exceeds the preliminary estimate to which you agreed on 28 October 2020. The department cannot increase the amount of a charge once agreed, and accordingly the amount required to finalise your matter ($224.8 (charge) less $56.20 (deposit)) remains $168.60.

Please see the attached credit card payment authority.

Kind regards

FOI Officer
Governance, Parliamentary and Integrity Branch
People,Governance and Parliamentary Division
Department of Infrastructure, Transport, Regional Development and Communications
t: 02 6274 6495 |
w: www.infrastructure.gov.au
GPO Box 594, Canberra ACT 2601

OFFICIAL

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OFFICIAL

Dear Requester

Thank you for your query. The link you attached (in your second email) opens paragraphs 4.46 to 4.48 of the guidance provided by the Office of the Australian Information Commissioner in relation to a decision not made within the statutory time limit. We have set out a chronology of the steps taken in relation to your matter so far and the relevant statutory timeframes that apply to each:

24/09/20 - Your application was received by the department. (Due date 24/10/20, in accordance with s(5) of the FOI Act)
08/10/20 – Your request was acknowledged by the department and you were notified that it would be due on 24/10/20, in accordance with s(5) of the FOI Act.
20/10/20 - You were notified about the need to consult affected third parties. (Due date extended to 23/11/20 in accordance with s(6) of the FOI Act)
23/10/20 - You were notified in writing of charges liability for your request. (Request placed on hold in accordance with s31(2) of the FOI Act)
28/10/20 - Deposit Paid and request processing resumed. (Due 30/11/20, in accordance with s36(2) of the Acts Interpretation Act 1901)
30/11/20 - Decision and documents not subject to third party review provided to you. Other documents subject to third party appeal period.

Noting the above, we consider the statutory timeframes relating to your request have been met and when the outstanding charges have been paid we will be in a position to provide the remaining documents to you.

We look forward to receiving your payment.

Kind regards

FOI Officer
Governance, Parliamentary and Integrity Branch
People, Governance, Parliamentary and Comunication Division
Department of Infrastructure, Transport, Regional Development and Communications
t: 02 6274 6495 |
w: www.infrastructure.gov.au
GPO Box 594, Canberra ACT 2601

The department proudly acknowledges the Traditional Custodians of Australia, and their continuing connections to the land, waters and communities. We pay our respects to them and to their Elders past, present and emerging.

OFFICIAL

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UNOFFICIAL

Good afternoon,

Thank you for your payment of the outstanding amount of charges for FOI
21-052. Please find a receipt for this payment attached.

Please also find attached documents which were subject to third party
appeal and an updated schedule for these documents.

We consider this request is now finalised.

Kind regards,

FOI Coordinator
Freedom of Information

Governance, Parliamentary and
Integrity Branch

Governance, Parliamentary and
Communications Division
Department of Infrastructure,
Transport, Regional
Development and Communications [2]Department of
[Department of Infrastructure, Transport, Regional Development and Communications request email] Infrastructure,
w: Transport, Regional
[1]www.infrastructure.gov.au Development and
GPO Box 594, Canberra ACT 2601 Communications
The department proudly acknowledges the Traditional
Owners and Custodians of Australia, and their
continuing connections to the land, waters and
communities. We pay our respects to them and to
their Elders past, present and emerging.

UNOFFICIAL

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References

Visible links
1. https://www.infrastructure.gov.au/

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-31643401-1066
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-31643401-1066

To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.

Please see the attached PDF for a copy of your form submission.
 
 
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
 
 
Note: Please do not reply to this auto-generated email.
 

References

Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]

Our reference: MR21/00069

Agency reference: 21-052

Anonymous

By email to: [1][FOI #6747 email]

Your IC review application about an FOI decision by Department of
Infrastructure, Transport, Regional Development and Communications
(21-052)

Thank you for your correspondence seeking to lodge an IC review
application with the [2]Office of the Australian Information Commissioner
(the OAIC) about Department of Infrastructure, Transport, Regional
Development and Communications (21-052).

Please note:

o You will be advised about the next steps in the IC review process once
your application has been assessed by a senior member of the FOI team.
Unfortunately the OAIC has received an increase in the number of IC
review applications and we are endeavouring to process these as soon
as practicable. The assessment by a senior member of the FOI team can
take 8-12 weeks and sometimes longer depending on the complexity of
the issues raised in the IC review. 
o Due to the number of IC review applications on hand allocation to a
review officer may take up to 12 months. The Act does not specify a
time for completion of an IC review. The time taken will depend on a
number of factors depending on the complexity of your review. Further
information about [3]the steps in the Information Commissioner review
process is available in [4]Part 10 of the FOI Guidelines at
[[5]10.100].
o If your circumstances change, or your request has been resolved
directly with the agency, please advise us by email as soon as
practicable.
o Information about the way we handle your personal information is
available in our [6]privacy policy.

Should you wish to follow up on this matter, please contact the OAIC
enquiries line on 1300 363 992 or email [7][email address] and quote
the reference number at the top of this email.

Yours sincerely

Poorvaja Nirmaleswaran

[8][IMG]   Intake and Early Resolution Team

Freedom of Information

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [9]oaic.gov.au

1300 363 992  | 
[10][email address]
[11][IMG] | [12][IMG] | [13][IMG] |   [14]Subscribe to OAICnet
newsletter

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References

Visible links
1. mailto:[FOI #6747 email]
2. https://aus01.safelinks.protection.outlo...
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/freedom-of-infor...
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/about-us/corpora...
7. mailto:[email address]
8. https://aus01.safelinks.protection.outlo...
9. https://aus01.safelinks.protection.outlo...
10. mailto:[email address]
11. https://aus01.safelinks.protection.outlo...
12. https://aus01.safelinks.protection.outlo...
13. https://aus01.safelinks.protection.outlo...
14. https://aus01.safelinks.protection.outlo...

Our reference: MR21/00069

Anonymous

By email to: [1][FOI #6747 email]

Dear Anonymous

Thank you for your application for review. We have today informed the
Department of Infrastructure, Transport, Regional Development and
Communications that the Information Commissioner will undertake an IC
review and requested information to assist with progressing the review.

We will provide you with an update when we have heard from the Department
of Infrastructure, Transport, Regional Development and Communications.

Carl English

[2][IMG]   Intake and Early Resolution Team

Freedom of information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [3]oaic.gov.au

1300 363 992  |  [4][email address]
[5][IMG] | [6][IMG] | [7][IMG] |   [8]Subscribe to OAICnet newsletter

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References

Visible links
1. mailto:[FOI #6747 email]
2. https://www.oaic.gov.au/
3. https://aus01.safelinks.protection.outlo...
4. mailto:[email address]
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
8. https://www.oaic.gov.au/media-and-speech...

Our reference: MR21/00069

Agency reference: 21-052

Anonymous

By email: [1][FOI #6747 email]

Dear Anonymous

IC review application of a decision of the Department of Infrastructure,
Transport, Regional Development and Communications

I refer to your IC review application above, regarding a decision of the
Department of Infrastructure, Transport, Regional Development and
Communications to impose charges in relation to the processing of your FOI
request.

We recently wrote to Services Australia, requesting they provide further
information in order to progress the matter. We also referred Services
Australia to a recent charges decision of the FOI Commissioner ‘ABX’ and
Department of Veterans’ Affairs (Freedom of information) [2022] [2]AICmr57
(29 July 2022).

While we await their response, we are seeking to confirm that you wish to
continue with your IC review application. We request that you reply to
this email and confirm you wish to proceed by 15 November 2022.  If you
could please also confirm your current contact details when replying.

If you have any questions regarding this email, please contact us via
email [3][email address]. Please quote OAIC reference number at the top
of this email in all correspondence.

Regards

Anna

[4]O A I C logo   Anna Fields  |  Senior Review Adviser (Legal)

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [5]oaic.gov.au

1300 363 992  |  [6][email address]
[7][IMG] | [8][IMG] | [9][IMG] |   [10]Subscribe to Information  
Matters

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #6747 email]
2. http://www.austlii.edu.au/cgi-bin/viewdo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. mailto:[email address]
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
9. https://aus01.safelinks.protection.outlo...
10. https://aus01.safelinks.protection.outlo...

Our reference: MR21/00069
Agency reference: 21-052

Anonymous
By email: [FOI #6747 email]

Dear Anonymous

Thank you for your email of earlier today, advising that you wish to proceed with your application for IC review and confirming we hold the correct email address for you.

I apologise for the references to Services Australia in my email of 1 November 2022. That was an error on my part. All references to 'Services Australia' in my email of 1 November 2022 should be replaced with 'the Department of Infrastructure, Transport, Regional Development and Communications'.

I will now seek further information from the Department of Infrastructure, Transport, Regional Development. I will be in touch once I receive a response.

Kind regards

Anna

 
Anna Fields  |  Senior Review Adviser (Legal)
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au
1300 363 992  |  [email address]

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OFFICIAL

FOI reference: 21-052
OAIC Reference: MR21-00069

Dear Anonymous,

Please find attached the decision letter relating to your request for
review of charges imposed in your FOI request 21-052.

Please contact the Department further to advise how we may process the
refund to you.  You should not provide any financial information through
the Right to Know website to ensure that your privacy is maintained,
noting that the Right to Know website is a public forum.

Kind regards

Mia

Assistant Director • Freedom of Information (FOI)

[1][email address]

P +61 2 6274 6294  
GPO Box 594 Canberra, ACT 2601

Department of Infrastructure, Transport, Regional Development,
Communications and the Arts
CONNECTING AUSTRALIANS  •  ENRICHING COMMUNITIES  •  EMPOWERING REGIONS

[2]infrastructure.gov.au                [3][IMG]

I would like to acknowledge the traditional custodians of this land on
which we meet, work and live.

I recognise and respect their continuing connection to the land, waters
and communities.

I pay my respects to Elders past and present and to all Aboriginal and
Torres Strait Islanders.

OFFICIAL

References

Visible links
1. mailto:[email address]
2. http://www.infrastructure.gov.au/
3. http://www.infrastructure.gov.au/departm...

Our reference: MR21/00069
Agency reference: 21-052

Anonymous
By email: [FOI #6747 email]

Dear Anonymous

IC review application of a decision of the Department of Infrastructure, Transport, Regional Development and Communications

I refer to your IC review application above, regarding a decision of the Department of Infrastructure, Transport, Regional Development and Communications (the Department) to impose charges in relation to the processing of your FOI request.

The Department has now advised the Office of the Australian Information Commissioner that it has made a revised decision under s 55G of the FOI Act, waiving the obligation to pay a charge with respect to the processing of your request. The Department has provided us with a copy of their revised decision (see attached) and has advised that a refund in the amount of the full processing charges of $224.80 will be refunded to you, pending your advice on how the Department may do so.

Given the Department has made revised decision under s 55G of the FOI Act waiving your obligation to pay the charge, can you please notify us by 16 December 2022 if you now wish to:

1. withdraw the IC review application, or
2. proceed with the IC review application, and make a submission about the grounds on which you wish to proceed.

Please note however, should you wish to proceed with your IC review application, I intend on recommending that a delegate of the Information Commissioner exercise the discretion to decide not to continue undertaking this IC review under s 54W(a)(i) on the basis that it now lacks in substance. This is because there appears to be no further grounds for continuing with your IC review, given the Department has decided to waive the charges associated with the processing of your application and has given you the outcome you requested in your IC review application.

Further, I note that s 54W(a)(ii) of the FOI Act provides that the Information Commissioner may decide not to undertake an IC review where an applicant fails to cooperate in progressing an IC review application without reasonable excuse. Should we not receive a response from you to this email by Friday 2 December 2022 your IC review application may be finalised by a delegate of the Information Commissioner under s 54W(a)(ii).

If you have any questions regarding this email please contact us via email [email address]. Please quote OAIC reference number at the top of this email in all correspondence.

Regards

Anna

Anna Fields | Senior Review Adviser (Legal)
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | oaic.gov.au
1300 363 992 | [email address]

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Your email has been received by the FOI Coordinator for the Department of
Infrastructure, Transport, Regional Development and Communications and
will be actioned appropriately.

If you are contacting us with a request under the Freedom of Information
Act 1982 (the FOI Act), please be advised that we are working to confirm
the correct handling of this matter and will formally acknowledge your
request as soon as practicable with any next steps. You can expect this
contact to occur within 14 days of receipt of your email, in accordance
with paragraph 15(5)(a) of the FOI Act.

Thank you,

FOI Coordinator

Freedom of Information

Assurance, Integrity and Risk Branch

People, Governance, Parliamentary and Communication Division

E: [1][email address] 
GPO Box 594 Canberra, ACT 2601

 Department of Infrastructure, Transport, Regional Development and
Communications
CONNECTING AUSTRALIANS  •  ENRICHING COMMUNITIES  •  EMPOWERING REGIONS

  [2]infrastructure.gov.au   [3]cid:image001.png@01D724A5.551E1E80

References

Visible links
1. mailto:[email address]
2. http://www.infrastructure.gov.au/
3. http://www.infrastructure.gov.au/departm...

OFFICIAL

Good morning

Please find attached the receipts detailing your refund for charges in
relation to FOI 21-052.

Kind regards

Mia

Assistant Director • Freedom of Information (FOI)

[1][email address]

P +61 2 6274 6294  
GPO Box 594 Canberra, ACT 2601

Department of Infrastructure, Transport, Regional Development,
Communications and the Arts
CONNECTING AUSTRALIANS  •  ENRICHING COMMUNITIES  •  EMPOWERING REGIONS

[2]infrastructure.gov.au                [3][IMG]

I would like to acknowledge the traditional custodians of this land on
which we meet, work and live.

I recognise and respect their continuing connection to the land, waters
and communities.

I pay my respects to Elders past and present and to all Aboriginal and
Torres Strait Islanders.

OFFICIAL

show quoted sections

Our reference: MR21/00069
Agency reference: 21-052

Anonymous
By email: [FOI #6747 email]

Dear Anonymous

Thank you for your email below of 16 December 2022, confirming you wish to proceed with your IC review. I note you also say:

' ...There are parts of the document I do not have access to. I want to know if I have been charged incorrectly ...'

The decision under review in your current IC review application (MR21/00069), is the Department's decision in relation to charges only. As you are aware, the Department subsequently issued a revised decision under s 55G of 8 December 2022, waiving charges and advised they would take steps to refund you the charges you had already paid.

The Department's decision of 30 November 2020, with respect to the access to the documents, is a separate decision which will require a separate IC review to be registered. Please advise if you would like us to open a new IC review on your behalf, in order to consider the Department's access decision of 30 November 2020.

We therefore ask that you:

1. give further consideration to withdrawing your current IC review (MR21/00069), given the Department has issued a revised decision under s 55G waiving charges, and

2. advise us as to whether you would like us to open a new IC review, to consider the Department's access decision of 30 November 2020.

If you could please provide a response by Friday 3 February 2023.

Regards

Anna

 
Anna Fields  |  Assistant Director
Reviews and Investigations, Freedom of information
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au
1300 363 992  |  [email address]

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