Cocos Keeling Island Surveillance System
Dear Defence Science and Technology Organisation,
I write to you under the FOI act 1982 to request two documents regarding the Cocos Keeling Island Surveillance System Project undertaken by DSTO and Customs (now Department of Immigration and Border Protection).
I have recently been informed by the Department of Immigration and Border Protection that DSTO holds the contents of these reports.
I understand that these files were created by an Australian Defence Force/DSTO employee on secondment to Customs at the time.
The two documents I request under the FOI act 1982 are as follows;
1. "Cocos Island Surveillance System -
Concepts and Capability - 2013/2014, Strategic Management - Research",
and
2. "Cocos Island Surveillance System -
Trials and Reports - 2013/2014, Strategic Management - Research - Projects".
Yours faithfully,
CD
UNCLASSIFIED
Good afternoon
Thank you for your email.
Your email has been forwarded for further consideration/action.
Regards
FOI Operations
[email address]
02 6266 2200
www.defence.gov.au/foi
UNCLASSIFIED
Dear CD,
I refer to your Freedom of Information (FOI) request submitted to the Department of Defence, as setout in your email immediately below.
Following the receipt of your email your request was registered under the FOI Act. As such, the statutory deadline for you to receive a response is 4 August 2015.
Our preliminary inquiries to the Defence Science and Technology Organisation, have established that no documents matching the description of your request could be identified as being in the possession of Defence, and have been identified as being files held by the Department of Immigration and Border Protection. Therefore, it would be appear that we are not able to satisfy your request. However, if you wish to pursue with your request under the FOI Act, you would receive a formal decision under section 24A [Requests may be refused if documents cannot be found, do not exist or have not been received] of the FOI Act. A copy of section 24A of the FOI Act, is attached for your reference.
Should you decide to pursue with your request, you will be liable to pay a financial charge. You will be provided with the amount of this charge at the appropriate time, if necessary. As such, the processing of your request will be suspended until such time as you make further contact with this office.
Should you not respond by 21 July 2015, your request will be considered as having been withdrawn.
Regards
John Peterson
FOI Case Officer
Freedom of Information
Information Management and Access Branch
CP1-6-007
Tel: (02) 6266 3778
Dear Peterson, John MR,
Thank you for your reply regarding my FOI request.
The Department of Immigration and Border Protection has stated that in fact these documents are in possession of the Department of Defence, specifically the Defence Science and Technology Organisation.
I refer you to a notice of decision from 2 July 2015 from DIBP where it was stated:
"The files which fall within the scope of your request have been located, but do not contain
any documents. These files were created as an administrative process on behalf of a
member of the Australian Defence Force who was on secondment to ACBPS at that time.
Any documents relating to the concepts, capability or trials of the Cocos Island
Surveillance System would be held by the Defence Science and Technology Organisation
(DSTO) as DSTO was responsible for that particular phase of the CKI radar project"
The full notice of decision can be accessed here: https://www.righttoknow.org.au/request/1...
DIBP was able to release to me under the FOI act 1982 only the covers of these particular files as the actual contents of the files were/are held by Defence.
A copy of the released file covers can be accessed here:
https://www.righttoknow.org.au/request/1...
I also wish to inform you that I will be pursuing this particular FOI request.
As far as I am aware, according to the FOI act 1982, I am only liable to 'pay a financial charge' on this particular request if Defence does locate the documents and I accept the charges as outlined by you.
Yours sincerely,
CD
UNCLASSIFIED
Dear CD,
Thank you for your email, immediaely below.
I note that Department of Immigration and Border Protection (DIBP) was able to release to you under the FOI Act 1982, only the covers of these particular files as the actual contents of the files were/are held by Defence. Whilst that is partially correct, any relevant documents held by the Defence Science and Technology Organisation (DSTO)would be filed within the Defence document system - not the files you originally referenced. As such, and in order to assist you, we propose that you refine the terms of your request, as follows:
"access under the Freedom of information Act 1982 (FOI Act), to documents from Defence Science and Technology Organisation to the Department of Border Force Control (formerly Department of Immigration and Border Protection) in relation to the Cocos Island Surveillance System Trials, created during the period 1 June 2013 to 31 December 2014."
The processing of your request will be suspended until such time that your consider this matter and respond. However, we do not receive any further contact from you by 27 July 2015, your request will be considered as having been withdrawn.
Should you agree with the scope set out above, we will provide you with a preliminary assessment of charges that may be associated for the processing of your request.
Regards
John Peterson
Freedom of Information
FOI Case Officer
CP1-6-007
Tel: (02) 6266 3778
Fax: (02) 6266 2112
Dear Peterson, John MR,
I agree to the revised scope of this FOI request. Thank you for your prompt reply and assistance in this regard.
Please forward the preliminary charges for this request.
Yours sincerely,
CD
UNCLASSIFIED
Dear CD,
Please refer to the attached document in relation to your Freedom of
Information requet, submitted to the Department of Defence.
Regards
John Peterson
Freedom of Information
FOI Case Officer
CP1-6-007
Tel: (02) 6266 3778
Fax: (02) 6266 2112
IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.
Dear Peterson, John MR,
I accept the charges for this FOI request.
The authorisation form you have attached doesn't specify how I may pay the deposit.
Can you please specify how I may do this?
Yours sincerely,
CD
UNCLASSIFIED
Good morning
Can you please complete the payment authorisation form attached to the Preliminary Assessment of Charges Letter and return the signed authorisation form to [email address]. Once this form has been returned, the FOI Directorate will raise an invoice and send it you. The payment options are listed on the invoice.
Kind regards
FOI Operations
[email address]
(02) 6266 2200
http://www.defence.gov.au/foi/
Dear FOI,
Thanks for replying so quickly. I will complete and send the form later today.
Yours sincerely,
CD
UNCLASSIFIED
Dear CD
1. By email of 13 July 2015, you agreed to the following revised scope
for your request, under the Freedom of Information Act 1982 (FOI Act)
for:
“access under the Freedom of information Act 1982 (FOI Act), to documents
from Defence Science and Technology Organisation to the Department of
Border Force Control (formerly Department of Immigration and Border
Protection) in relation to the Cocos Island Surveillance System Trials,
created during the period 1 June 2013 to 31 December 2014."
2. In our email dated 12 August 2015 you were advised
that the charges associated with your request had been imposed. As such,
the statutory deadline for a response to
this request was 7 September 2015.
3. Your request was forwarded to Defence Science and
Technology Group for consideration. Dr Ruth Sandeman, Director of
Ministerial Liaison, has advised that your
request covers documents which contain information of a
commercial nature of third parties.
4. Dr Sandeman has determined that there is requirement
to consult the third parties under section 27 of the FOI Act, before
making a decision on the release of the
documents.
5. Subsection 15(6) of the FOI Act provides for an
extension of 30 days to the statutory time limit for processing requests.
Therefore, the deadline for providing you with the
decision on your request is now 7 October 2015.
6. Should you have any questions relating to your
request, please do not hesitate to contact our office via telephone on
(02) 6266 2200 or via email to [1][email address].
Yours sincerely
Regards
John Peterson
Freedom of Information
FOI Case Officer
CP1-6-007
Tel: (02) 6266 3778
Fax: (02) 6266 2112
IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.
References
Visible links
1. file:///tmp/blocked::mailto:[email address]
UNCLASSIFIED
Dear CD
Please refer to the attached document in relation to your Freedom of
Information request, submitted to the Department of Defence.
Regards
John Peterson
Freedom of Information
FOI Case Officer
CP1-6-007
Tel: (02) 6266 3778
Fax: (02) 6266 2112
IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.
Dear Peterson, John MR,
Good morning,
I have emailed the FOI department of Defence both on the 6th and 8th of October with a signed authorisation of the outstanding amount due for this FOI request.
I am willing to pay the outstanding monies due and look forward to finalising this request as soon as possible.
Yours sincerely,
CD
Dear Peterson, John MR,
Please note that I have now paid the outstanding fee of $121.65 for this FOI request.
I have emailed a copy of the receipt to the departments FOI section "[email address]".
I wish to thank you and the FOI section of Defence for your professional and courteous correspondence with me regarding this request. It is much appreciated.
I look forward to receiving this FOI request soon.
Yours sincerely,
CD