Decision to retire modern weather.bom.gov.au website
Dear Bureau of Meteorology,
I am requesting all relevant materials in relation to the decision to retire the modern weather.bom.gov.au website which previously aligned to the content of the mobile applications.
Yours faithfully,
Weather User
Ref: FOI30/100
Your email: [1][FOI #10145 email]
Dear Weather User,
1. We refer to your email dated 7 April 2023 (below), in which you
request for access under the Freedom of Information Act 1982 (Cth)
('FOI Act') to the following documents ('your request'):
"all relevant materials in relation to the decision to retire the modern
weather.bom.gov.au website which previously aligned to the content of the
mobile applications."
Your consent to remove information:
2. To process your request as efficiently as practicable, the Bureau
seeks your agreement to remove the following information from
documents that are in scope of your request:
a. the names of officers of the Bureau and any third parties (the
position titles of the Bureau's officers will generally be released);
b. the direct contact details of officers of the Bureau and any third
parties;
c. duplicate information contained in documents, including email threads
that contain duplicated information; and
d. material that is publicly accessible.
Timeframe:
3. Section 15(5) of the FOI Act provides an agency 30 days to notify you
of a decision on your request. The current due date is 8 May 2023.
4. The Bureau is currently dealing with a number of complex requests
under the FOI Act. We seek your agreement, pursuant to s 15AA of the
FOI Act, to extend the time for dealing with your request by 30
calendar days. The additional time will mean the decision is due date
by 6 June 2023.
Your response:
5. Please respond to this email by close of business Friday 21 April
2023 to advise whether you agree to:
a. the extension of time; and
b. the removal of information from the scope of your request (set
out at [2] above).
6. If you have any questions, please contact [2][BOM request email].
Kind regards,
Freedom of Information
[3][BOM request email] | [4]www.bom.gov.au
[5]The Bureau of Meteorology logo. Text reads The Bureau of Meteorology.
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Dear FOI,
2a. Consent to remove.
2b. Consent to remove.
2c. Consent to remove.
2d. Consent to remove.
4. Do not agree - the due date should remain 8 May 2023.
Yours sincerely,
FOI Requestor
Our reference: RQ23/01954
Agency reference: FOI30/100
Weather User
Sent by email: [1][FOI #10145 email]
Extension of time application by the Bureau of Meteorology
Dear Weather User
I write to advise that on 24 April 2023 the Office of the Australian
Information Commissioner (OAIC) received an application from the Bureau of
Meteorology (Bureau) for an extension of time, to process your FOI
request of 7 April 2023.
The Bureau has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be voluminous and/or complex.
The Bureau has advised the OAIC that:
Please provide a timeline setting out the work already completed in order
to process this request. Where an extension of time has previously been
granted, describe the work that was undertaken during that extended
period.
The following are steps taken to date:
- acknowledged request;
- undertaken assessment request and made enquiries within agency;
- taken preliminary steps regarding search;
- based on initial assessment of request, we have sought the applicant's
agreement to extend so further matters relating to request and searches
can be undertaken.
Other relevant information:
In the context of the above, the further 30 days is required is process
the request in circumstances where the Bureau (particularly the small team
that manages FOI matters) are dealing with a number of other comparatively
complex
FOI matters. The 30 days will enable the Bureau to be in position to
process the request, particularly in regards to remaining work set out in
the response to the following question.
What work is required to finalise the request?
Certain steps are anticipated at this stage, including:
- undertake further enquires in agency matters relating to request so all
reasonable searches can be undertaken;
- consider whether consultations is required and to undertake them (where
required). Moreover, if consultations is to be undertaken, to consider all
consultations responses or matters arising out of consultations;
- to review any relevant documents (line area staff and decision-maker),
draft schedule of documents and draft decision;
- prepare any documents for release (and If third party consultations are
undertaken, to prepare and take any necessary steps relevant to third
party rights).
Why is the request considered complex or voluminous?
Enquiries being undertaken in the agency includes locating and review
hardcopy archived material to understand whether any relevant hardcopy
materials fall in scope.
We again note that the further 30 days is required is process the request
in circumstances where the Bureau (particularly the small team that
manages FOI matters) are dealing with a number of other comparatively
complex FOI matters. The 30 days will enable the Bureau to be in position
to process the request, particularly in regards to remaining work set out
in the response to the following question.
Do other agencies or parties have an interest in the request?
Further internal enquiries and searches remain underway. This will inform
whether relevantly other party interests are attracted and whether
consultations is required.
Please describe the measures that would be taken to ensure a decision is
made within the period of the requested extension and to keep the
applicant informed of the progress of the request.
The additional time of 30 days would enable the Bureau to complete all the
relevant steps as outlined above within time - the Bureau will implement
our usual case management processes to ensure all steps are met and
timeframes met such as timetabling a planning tasks and allocating time
sufficient for each; however due to a number of ongoing complex requests,
together with the small team managing FOI and other matters, this work
will need to be completed over additional period of time. Moreover, where
relevant and practicable, we inform and engage the applicant of progress
of matter.
The Bureau has requested an extension to 6 June 2023. I will take any
comments you may have to make into account when deciding the application.
Please respond to this email by close of business 28 April 2023. If I do
not hear from you by this date, the decision maker will make a decision on
the basis of the information provided to me by the Bureau.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Contact
If you have any questions regarding this email please contact me via email
to [3][email address]. Please quote OAIC reference: RQ23/01954 in all
correspondence.
Kind regards
Noah Harris
[4][IMG] Intake and Early Resolution Team
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 OAICnet newsletter
Notice:
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switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
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References
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Dear OAIC - FOI DR,
I am opposed to this request from the BOM for an extension of time.
In relation to the BOM's responses to the OAIC, please see my each relevant quote (with a ">>") and my response.
>> In the context of the above, the further 30 days is required is process the request in circumstances where the Bureau (particularly the small team that manages FOI matters) are dealing with a number of other comparatively complex FOI matters. The 30 days will enable the Bureau to be in position to process the request, particularly in regards to remaining work set out in the response to the following question.
This response appears to suggest that:
1) Other requests received by the BOM are comparatively complex - I am unable to influence the requests made by others, nor am I able to assess them in this forum as they have not been provided to me. It would appear unreasonable that entity could delay a request from one individual who should receive information within 30 days on the basis of other requests.
2) There is a small team that manages FOI matters - My view here is that the BOM should be aware of its FOI obligations and have sufficient capacity of personnel to comply with its legal obligations. I am unaware of what "small team" relates to, what the ordinary FOI workload is for this agency over multiple years, and whether there is an attributable peak for this month that would suggest this statement is valid. This, coupled, with Part 1 may suggest that, if the default position is to call all matters "complex" but then rely upon "small team" as a defensive argument, that there may be insufficient resourcing as a baseline (and therefore seeking to frustrate the objectives of the FOI Act.
I therefore do not agree that this provides a justification.
>> What work is required to finalise the request?... (and whole section)
All information here appears to be the routine steps expected in response to a FOI request.
>> Why is the request considered complex or voluminous? Enquiries being undertaken in the agency includes locating and review hardcopy archived material to understand whether any relevant hardcopy
materials fall in scope.
Given this is a recent decision by the BOM (no more than several months old) - I find it difficult to believe that hardcopy information would be relevant. Regardless, should there be responsive material in hardcopy, I see no reason why electronically available material can not be prioritised.
>> The Bureau has requested an extension to 6 June 2023. I will take any
comments you may have to make into account when deciding the application.
Please see my quote above. It should be noted that the subject of this information request is on a website service that was deprecated without a warning made to the public. It is evident some form of decision making occurred recently that should be responsive to this request. However, the FOI Act does implicitly require production of said materials within 30 days of making a request. An inability to do may suggest that there is a broader issue with its ability to comply (and therefore for the public to hold agencies to account) and undertake routinely expected tasks. An extension should not be granted on that basis, and rather should be an opportunity to assess whether the entity is complying with the intent of the FOI Act.
Yours sincerely,
FOI Requestor
Our reference: RQ23/01954
Agency reference: FOI30/100
Weather User
By email: [FOI #10145 email]
Cc: [BOM request email]
Extension of time under s 15AB
Dear Weather User
Please find attached an extension of time decision relating to your FOI
request with the Bureau of Meteorology (Bureau). A copy of this decision
has been provided to the Bureau today.
Kind regards
[1][IMG]
Noah Harris
Assistant Review Adviser | Freedom of Information
Regulatory Group
Office of the Australian Information Commissioner
P 1300 363 992 E [2][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[3]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
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Dear Noah
Thank you for notice of the decision not to approve the extension of time
to process the above FOI request.
The Bureau will continue working towards completing the matter by the due
date of 8 May 2023 and keep the applicant up to date in regard to next
steps.
Kind regards,
Freedom of Information & Privacy Manager
Enterprise Services Group
From: OAIC - FOI DR <[email address]>
Sent: Thursday, 4 May 2023 3:23 PM
To: FOI Requestor <[FOI #10145 email]>
Cc: FOI <[BOM request email]>
Subject: RQ23/01954 - Extension of time under s 15AB - Agency reference:
FOI30/100 [SEC=OFFICIAL]
Our reference: RQ23/01954
Agency reference: FOI30/100
Weather User
By email: [1][FOI #10145 email]
Cc: [2][BOM request email]
Extension of time under s 15AB
Dear Weather User
Please find attached an extension of time decision relating to your FOI
request with the Bureau of Meteorology (Bureau). A copy of this decision
has been provided to the Bureau today.
Kind regards
[3][IMG]
Noah Harris
Assistant Review Adviser | Freedom of Information
Regulatory Group
Office of the Australian Information Commissioner
P 1300 363 992 E [4][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[5]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 #10145 email]
2. mailto:[BOM request email]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/engage-with-us/n...
Re: FOI30/100
Dear Weather User
The Bureau was due to notify a decision on your request for access to documents on 8 May 2023. As set out in correspondence by email with you and the Office of the Australian Information Commissioner (OAIC) on 4 May 2023, the Bureau continues to have an obligation to provide a decision and statement of reasons to you. The Bureau is continuing to work towards finalising your request and expects to notify you of the decision in the coming week.
To assist us in finalising the request as promptly as we can, could you please advise whether you agree to the removal of draft documents from within the scope of your request, where the finalised versions of those documents are within scope.
If you could respond to this request by 9am EST Thursday 11 May 2023, that would assist us in progressing this matter efficiently.
Kind regards,
Freedom of Information & Privacy
Enterprise Services Group
Our reference: RQ23/02295
Agency reference: FOI30/100
Weather User
By email: [FOI #10145 email]
Cc: [BOM request email]
Extension of time under s 15AC
Dear Weather User
Please find attached an extension of time decision relating to your FOI
request with the Bureau of Meteorology. A copy of this decision has been
provided to the Bureau today.
Kind regards
[1][IMG]
Noah Harris
Assistant Review Adviser | Freedom of Information
Regulatory Group
Office of the Australian Information Commissioner
P 1300 363 992 E [2][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[3]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
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2. mailto:[email address]
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FOI30/100
Dear Weather User,
Please find attached the decisions on your request and relevant documents.
Regards,
Freedom of Information
[1][BOM request email] | [2]www.bom.gov.au
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Image is a stylised synoptic map of Australia.
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Bureau Twitter account. [6]YouTube icon. Link to Bureau YouTube
channel. [7]Instagram icon. Link to Bureau Instagram
account. [8]LinkedIn icon. Link to Bureau LinkedIn profile. [9]Stylised
synoptic map of Australia. Link to Bureau website,
[10]Aboriginal The Bureau of Meteorology acknowledges the Traditional
flag and Torres Custodians of Australia and their continuing connection to
Strait Islander land, sea and community.
flag
Important: This message may contain confidential or legally privileged
information. If you think it was sent to you by mistake, please delete all
copies and advise the sender.
[11]Banner. Scrolling ticker style with the text The Bureau of severe
weather warning, the harvest and Meteorology.