Dear Classification Board,

I request access to the following documents under the Freedom of Information Act 1982:

1. Documents relating to the classification of the game 'Fortnite':
- 27 June 2017 (File number: T17/2291) (Classification number: 275113)
- 19 December 2023 (Classification number: CLAS-295371)

If you can administratively release these documents, I would be willing to withdraw my FOI application once the documents have been recieved.

Yours faithfully,

CR

FOI, Classification Board

2 Attachments

OFFICIAL

 

Good afternoon,

 

Thank you for your email of 9 January 2024 requesting access to documents
held by the Classification Board (the Board) under the Freedom of
Information Act 1982 (FOI Act).

 

You have requested access to:

 

Documents relating to the classification of the game 'Fortnite':

- 27 June 2017 (File number: T17/2291) (Classification number: 275113)

- 19 December 2023 (Classification number:        CLAS-295371)

 

Your request has been allocated the reference number CB 24-248. Could you
please ensure that you quote this reference number in all future
correspondence.

 

Timeframes

The statutory due date for you to receive a decision on your request is 8
February 2024. This date may be extended in certain circumstances, and in
the event that this occurs, the Board will notify you.  Where the due date
falls on a Saturday, Sunday or public holiday, the timeframe will expire
on the next working day.

 

Other information

Please note that the Board considers the following information outside the
scope of your request unless you specifically request it:

o personal information of third-party individuals; including public
servants below the SES level and all email addresses, signatures and
direct telephone numbers
o any duplicates and drafts of final versions of documents captured by
your request
o any correspondence sent directly to or from you.

 

The Board may impose a charge for the work involved in providing access to
the documents in accordance with the Freedom of Information (Charges)
Regulations. You will be notified separately if the Board decides to
impose a charge. There is no charge for documents that contain your own
personal information.

 

Where documents are released to you under the FOI Act in response to your
request, the Board must publish those documents on its FOI Disclosure Log
within 10 business days of their release to you, unless they contain
personal information or business affairs information that would be
unreasonable to publish. Further information regarding the FOI Disclosure
Log can be found [1]here.

 

Please note that the Department of Infrastructure, Transport, Regional
Development, Communications and the Arts (the Department) provides
administrative support to the Board in relation to the processing of FOI
requests. As such, should you have any questions relating to your request,
please do not hesitate to contact the Department’s FOI Section via email
to  [2][email address]

 

Kind regards,

 

FOI Coordinator

Freedom of Information and Privacy Section

Legal Services Division

E: [3][Classification Board request email]

T: +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

[4]infrastructure.gov.au                [5][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

FOI, Classification Board

1 Attachment

OFFICIAL

 

Good morning,

I refer to your request for access to documents held by the Classification
Board (the Board) under the Freedom of Information Act 1982 (FOI Act).

Notification of Third-Party Consultation and Extension of Time

Your request captures documents which contain another individual’s
personal information and information concerning the business, commercial
or financial affairs or an organisation, or a person’s business or
profession affairs. Under section 27A and section 27 of the FOI Act, the
Department is required to consult with the affected person or
organisation before making a decision on access to those documents.

For this reason, the period for processing your request has been extended
by 30 days under section 15(6) of the FOI Act in order to allow the Board
time to consult with the relevant person or organisation. As such, the
statutory due date for your request is now Monday 11 March.

The consultation mechanism under section 27A applies when we believe the
individual (or their representative) may wish to contend that the
requested documents are exempt for reasons of personal privacy.

The consultation mechanism under section 27 applies when we believe the
person or organisation concerned may wish to contend that the requested
documents are exempt because their release would disclose trade secrets or
commercially valuable information or may adversely affect their business
or financial affairs.

Consent to disclose your identity as the FOI applicant

In accordance with the Privacy Act, we will not disclose your identity to
the third party without your consent to do so. While you are under no
obligation to consent to the disclosure of your identify as the FOI
applicant, third parties may be less likely to raise concerns about the
release of their information if they know who the FOI applicant is. If you
consent to the Board naming you as the FOI applicant to the third party(s)
for the purpose of this consultation, please let us know by: COB Friday 9
February 2024.

Kind regards,

FOI Coordinator

Freedom of Information and Privacy Section

Legal, FOI and Privacy Division

E: [1][Classification Board request email]

T: +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

References

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

Dear FOI Coordinator,

Please confirm if your agency intends to apply to the OAIC for an extension of time under section 15AC to process my request, given the deemed refusal decision.

Yours sincerely,

CR

FOI, Classification Board

1 Attachment

OFFICIAL

 

Dear CR

 

Please note that as Monday 11 March 2024 is a public holiday here in the
ACT (Canberra Day), your request will be released today as per OAIC
guidelines.

 

More information can be found here - [1]Public holidays and agency
shutdown periods: calculating the processing period | OAIC

 

Specifically:

              The end of the 30 day processing period is affected by s
36(2) of the Acts Interpretation Act 1901.

If the last day for notifying a decision falls on a Saturday, Sunday or a
public holiday, the timeframe will expire on the first day following which
is none of those days.

 

The further 30 day consultation changed the original due date to Saturday
9 March 2024. The Monday immediately following being a public holiday
means the statutory due by date is today Tuesday 12 March 2024.

 

Thank you for your enquiry and please expect to receive a decision before
the end of today.

 

Kind regards

 

FOI Coordinator

Freedom of Information and Privacy Section

Legal, FOI and Privacy Division

E: [2][Classification Board request email]

T: +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

[3]infrastructure.gov.au                [4][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

FOI, Classification Board

3 Attachments

OFFICIAL

 

Good afternoon,

 

I refer to your request below for access to documents under the Freedom of
Information Act 1982 (FOI Act).

 

Please find attached a decision in response to your request, together with
the documents referred to in that decision.

 

Section 11C of the FOI Act requires publication of documents released
under the FOI Act on the Department’s FOI disclosure log, subject to
certain exceptions, including where publication of personal, business,
professional or commercial information would be unreasonable. The
documents released to you will be published on the disclosure log within
10 working days.

 

Kind regards

 

FOI Coordinator

Freedom of Information and Privacy Section

Legal, FOI and Privacy Division

E: [1][Classification Board request email]

T: +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