Correspondence referencings usage of Wickr app

Peter Lawler made this Freedom of Information request to Department of Communications and the Arts

Department of Communications and the Arts did not have the information requested.

From: Peter Lawler

Delivered

Dear Department of Communications,

I hereby request, under the Freedom of Information Act 1982, copies
of the following documents:

a) Legal advice correspondence to the Minister referencing usage of the 'Wickr' app

Said usage is referred to in the following articles:
http://www.news.com.au/technology/wickr-...
http://www.crikey.com.au/2015/03/05/noth...

Please note: I am *NOT* interested in the content of messages sent using the Wickr app, but instead interested in any legal advice communication to or from the Minister regarding usage of the Wickr app for the purposes of Government communications, records, etc.

I also make the application that all costs for the processing of
this request be waived on the grounds that the release of this
information is in the public interest, as it will enhance the
transparency of the process and the public debate surrounding Australia's proposed data retention laws as well that of record keeping of Government business.

--
Regards,

Yours faithfully,

Peter Lawler

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From: Browne, Kylie
Department of Communications and the Arts

Thanks Liz - nil return from me.

Kylie

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Peter Lawler left an annotation ()

Not quite sure what that means. Did the contents of the FOI request email not go through to the intended recipient and it had to be forwarded, or has someone performed the document search and had no returns?

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Peter Lawler left an annotation ()

FWIW, LinkedIn suggests:
Kylie Browne
Senior Executive Lawyer at Department of Broadband, Communications and the Digital Economy
So I guess this means they have their answer ready?

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Ben Fairless left an annotation ()

My guess is that someone has replied to you by accident. I would send them a followup email :)

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From: Peter Lawler

Delivered

Dear Department of Communications,
I have received a reply, however it does not seem to adhere to what I'm used to seeing as official responses to FoI requests.

You can see a copy of the reply I received on the Right to Know website https://www.righttoknow.org.au/request/c...

Please don't hesitate to let me know what I'm to make of the reply.

Yours faithfully,

Peter Lawler

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From: FOI
Department of Communications and the Arts

To: [1][FOI #1000 email]

 

 

Dear Mr Lawler

 

Freedom of Information Request No. 22-1415

 

Receipt is acknowledged of your FOI request received by the Department on
6 March 2015, seeking access under the Freedom of Information Act 1982
(the FOI Act), to the following:

 

‘a) Legal advice correspondence to the Minister referencing usage of the
'Wickr' app’

 

I apologise for the email you received from Ms Browne on 6 March 2015. As
part of the document search process, I am seeking advice from legal staff
of the Office of General Counsel as to the existence of documents relevant
to your request. Ms Browne inadvertently responded directly to you rather
than to the FOI Unit.

 

In relation to your request, the statutory period for processing your
request is 30 days, which commenced from the date it was received.

 

Information Publication Scheme

 

In accordance with section 11C of the FOI Act, where the Department gives
access to a document under section 11A of the FOI Act, the Department must
publish that information on its website within 10 working days after the
day an applicant is given access to the documents.

 

Please see [2]www.oaic.gov.au for more information about the Information
Publication Scheme.

 

Please contact the FOI Team at [3][Department of Communications request email] or on 02 6271
1741 if you have any queries.    

 

Yours sincerely

 

 

Liz Lawler

Manager | FOI, Legislation Liaison & Stakeholder Complaint Unit

Office of the General Counsel

Phone +61 2 6271 1441

 

Department of Communications

Level 3, 38 Sydney Avenue, Forrest ACT 2603

GPO Box 2154 Canberra ACT 2601

www.communications.gov.au

 

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References

Visible links
1. mailto:[FOI #1000 email]
2. http://www.oaic.gov.au/
3. mailto:[email address]

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From: Peter Lawler

Delivered

Dear Ms Lawler,
Thanks for your official acknowledgment of receipt of my initial submission as well as your clarification of the subsequent communication I have received.

I look forward to hearing from you in the not too distant future.

Yours sincerely,

Peter Lawler (no relation, afaik)

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Peter Lawler left an annotation ()

I just noticed that the response is due on Monday, which as far as I know is a public holiday. I presume that means they get extra time to reply. Given I'm fairly certain we've already seen what the response will be... ...

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Mark R. Diamond left an annotation ()

You are correct in your assumption that you are given more time. Section 36 of the Acts Interpretation Act 1901 (http://www.austlii.edu.au/au/legis/cth/c... provides that: " (2) If: (a) an Act requires or allows a thing to be done; and (b) the last day for doing the thing is a Saturday, a Sunday or a holiday;then the thing may be done on the next day that is not a Saturday, a Sunday or a holiday." The Act even gives an example: "If a person has until 31 March to make an application and 31 March is a Saturday, the application may be made on Monday 2 April. "

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From: Peter Lawler

Delivered

Dear Liz,
I note that normally I would have been due a response to my FOI request yesterday, that being 30 days from my original submission. However as yesterday was a public holiday, I believe that I am due a response by close of business today.

I look forward to hearing from you

Yours sincerely,

Peter Lawler

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From: Peter Lawler

Delivered

Dear Liz,
Would you be able to inform me of any reason that caused me to not receive a full response to my FOI request by close of business yesterday?

As I understand it, by law I should have received a response promptly and by April 7th. Given I have already, admittedly accidentally, received some response from the department, I fail to see why there is any delay on officially providing me with the information I have already been accidentally provided with as well as any further information you were able to collate in the intervening 30 days.

Yours sincerely,

Peter Lawler

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From: FOI
Department of Communications and the Arts


Attachment OAIC fact sheet 12 Applicant Review Rights.pdf
630K Download View as HTML

Attachment FOI 22 1415 Access decision Statement of Reasons.pdf
92K Download View as HTML


Dear Mr Lawler

 

Freedom of Information Request No. 22-1415 – Decision on Access

 

Please find attached the following documents relating to your FOI request:

 

o Decision on Access – Statement of Reasons
o OAIC FOI Fact Sheet 12 - Applicant Review Rights

 

Should you have any queries, please do not hesitate to contact us.

 

Yours sincerely

 

FOI Officer

FOI Unit | Office of the General Counsel

Phone +61 02 6271 1741

[1]www.communications.gov.au

 

Department of Communications

Level 3, 38 Sydney Avenue, Forrest ACT 2603

GPO Box 2154 Canberra ACT 2601

 

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References

Visible links
1. http://www.communications.gov.au/

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Peter Lawler left an annotation ()

Note: Refusal granted on grounds that no such documents exist.

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From: Peter Lawler

Delivered

Dear Elizabeth,
Thank you for getting back to me today. I greatly appreciate it.

All the best,

Peter Lawler (as I say, no relation afaik)

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From: FOI
Department of Communications and the Arts

Dear Mr Lawler

Liz is away for a few days but I will pass on your message on her return.

Kind regards

Trudi

Trudi Bean
Deputy General Counsel
t +61 2 6271 1929
m 0419 008 908
e trudi[email address]

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Things to do with this request

Anyone:
Department of Communications and the Arts only: