Complaints from Disabled Freedom of Information Applicants
Ben Fairless made this Freedom of Information request to Australian Human Rights Commission
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Australian Human Rights Commission,
I would like access to:
1. A copy of any complaint made against a Government Agency which relates to the use of PDF documents for the provision of information, including the complaint, the response from Government, and any decision letter issued by the AHRC.
2. Advice the AHRC has provided to other Government Agencies on the use of PDF files for the provision of Government Information
3. Responses from Government Agencies to the information in point 2 above.
4. Any complaint made to AHRC from people with a disability which relate to Freedom of Information, including the complaint, the response from Government, and any decision letter issued by the AHRC.
In relation to the above, I specifically exclude:
- Document Duplicates (If a document exists in multiple places, I am happy to have only one copy)
- The personal information of Complainants.
Please treat this as a request for administrative access. If for some reason the request cannot be dealt with in this way, please treat it as a formal application under the Freedom of Information Act.
Yours faithfully,
Ben Fairless
Dear Mr Fairless
The Australian Human Rights Commission has begun processing your request
made under the Freedom of Information Act 1982 (Cth) (FOI Act).
You requested:
1. A copy of any complaint made against a Government Agency which
relates to the use of PDF documents for the provision of information,
including the complaint, the response from Government, and any decision
letter issued by the AHRC;
2. Advice the AHRC has provided to other Government Agencies on the use
of PDF files for the provision of Government Information;
3. Responses from Government Agencies to the information in point 2
above; and
4. Any complaint made to AHRC from people with a disability which
relate to Freedom of Information, including the complaint, the response
from Government, and any decision letter issued by the AHRC.
In relation to the above, you also specifically excluded document
duplicates and any personal information of complainants.
Under the FOI Act, the Commission has until 23 October 2014 to make a
decision in relation to your request.
Please feel free to contact me should you have any questions relating to
your request for documents.
Kind regards
Lara Emery
Paralegal, Legal Section
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9714 F +61 2 9284 9611
E [1][email address] W [2]www.humanrights.gov.au
Human rights: everyone, everywhere, everyday
[3][IMG]
Dear Mr Fairless
I am the officer dealing with your FOI request. I do not understand your
request under no.4. It would be useful to discuss this over the telephone.
Could you please provide me with your phone number so that I can give you
a call.
Kind regards
Bronwyn
Bronwyn Byrnes
Legal Section
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9647 F +61 2 9284 9611
E [1][email address] W [2]www.humanrights.gov.au
[3]Description: Description: Description: Description: Description:
HRA-email-nominations-open
From: Lara Emery
Sent: Tuesday, 30 September 2014 9:36 AM
To: [FOI #771 email]
Cc: Bronwyn Byrnes
Subject: Your request for documents under the FOI Act
[DLM=Sensitive:Legal]
Dear Mr Fairless
The Australian Human Rights Commission has begun processing your request
made under the Freedom of Information Act 1982 (Cth) (FOI Act).
You requested:
1. A copy of any complaint made against a Government Agency which
relates to the use of PDF documents for the provision of information,
including the complaint, the response from Government, and any decision
letter issued by the AHRC;
2. Advice the AHRC has provided to other Government Agencies on the use
of PDF files for the provision of Government Information;
3. Responses from Government Agencies to the information in point 2
above; and
4. Any complaint made to AHRC from people with a disability which
relate to Freedom of Information, including the complaint, the response
from Government, and any decision letter issued by the AHRC.
In relation to the above, you also specifically excluded document
duplicates and any personal information of complainants.
Under the FOI Act, the Commission has until 23 October 2014 to make a
decision in relation to your request.
Please feel free to contact me should you have any questions relating to
your request for documents.
Kind regards
Lara Emery
Paralegal, Legal Section
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9714 F +61 2 9284 9611
E [4][email address] W [5]www.humanrights.gov.au
Human rights: everyone, everywhere, everyday
[6][IMG]
Hi Bronwyn,
Thanks for coming back to me. I tried to give you a call today but I must have missed you. I did leave my number in a voicemail, I won't write it here as I'm making a request via a public website (Right to Know).
Request number 4 is asking for a copy of any complaint that someone has made to the Australian Human Rights Commission about a Federal agency, where the complaint relates to Freedom of Information. An example of a complaint would be that a person was not able to utilize or participate in the Freedom of Information process because of their disability.
Assuming there are any complaints referred to above, I'm also looking for the response provided by agency and any final letters issued by the Commission.
If you need more information, please don't hesitate to get in touch. I'll also try ringing you tomorrow to confirm.
Yours sincerely,
Ben Fairless
Hi Ben
Thank you for this clarification. I understand what you are after now.
Kind regards
Bronwyn
Hi Bronwyn,
Thanks for our chat today. As you confirmed that the AHRC won't hold detailed complaint information longer then 3 years, I'm happy to amend part 4 of my request to limit documents created in the 3 years proceeding the submission of my request.
As we also discussed (and I mentioned in my clarification email on 1 October) I'm happy to limit the scope of my request to federal agencies.
I think the wording for part 4 of my request is now:
"4. Any complaint made to AHRC about a Federal Government agency in the proceeding 3 years which relates to Freedom of Information, including the complaint, the response from the relevant agency, and any letters issued by the AHRC."
On a side note, considering the time it has taken to clarify the request (informally, which is greatly appreciated), I would be happy to provide you with an extension of time should you need it. Please let me know if this is required.
Yours sincerely,
Ben Fairless
Hi Ben
Thanks for your email.
Could you please confirm that you are happy for part 1 of your request to be similarly confined to federal agencies and complaints in the preceding 3 years?
Kind regards
Bronwyn
Bronwyn Byrnes
Legal Section
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9647 F +61 2 9284 9611
E [email address] W www.humanrights.gov.au
Hi Bronwyn,
Sorry I missed that! The same amendments that I made today to part 4 (limit to Federal Agencies only and 3 year time limit) apply to part 1 of my request as well.
Look forward to hearing from you
Kind Regards,
Ben Fairless
Hi Ben
Thanks for your email. I might take you up on an offer for an extension of time. Could we agree a new deadline of 11 November?
Kind regards
Bronwyn
Hi Bronwyn,
Happy to extend the deadline to the 11th of November for you.
Regards,
Ben Fairless
Hi Ben
As discussed on the phone, please find attached a letter explaining why I am unable to process part 1 and part 4 of your request as it currently stands.
I would be happy to discuss with you ways to revise your request. Please do not hesitate to contact me.
Kind regards
Bronwyn
Bronwyn Byrnes
Legal Section
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9647 F +61 2 9284 9611
E [email address] W www.humanrights.gov.au
Hi Bronwyn,
Thanks for coming back to me promptly. Would I remove the Practical Refusal Reason if I limited the scope of my request to the last 12 months? If so I'm happy to amend accordingly.
Kind Regards,
Ben Fairless
Hi Ben
There are 70 disability complaints against federal agencies in the past 12 months. I think it would be reasonable for us to examine this number of complaints.
So if you are happy to amend your request accordingly, I will process your request on that basis.
I also note that the Commission does not make a 'decision' on the complaints it receives. It has a function of facilitating confidential conciliation between the parties. So there is no 'decision letter' on the files.
Kind regards
Bronwyn
Hi Ben
I attach a notice of my decision along with a copy of all documents
falling within the scope of your request. I have attached both pdf and
word files.
Please feel free to contact me if you wish to discuss my decision.
Yours sincerely,
Bronwyn
Bronwyn Byrnes
Legal Section
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9647 F +61 2 9284 9611
E [1][email address] W [2]www.humanrights.gov.au
[3]Description: Description: Description: Description: Description:
Description: Description: Title: The Power of Oldness
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