OFFICIAL

PM&C Ref: FOI/2021/183

Dear Christian

Thank you for your email to the Department of the Prime Minister and
Cabinet (PM&C) dated 18 August 2021, in which you made a request under the
Freedom of Information Act 1982 (FOI Act) in the following terms:

Please provide the non confidential tender to the Human Rights Commission
and/or describe the scope of work provided under CN3449783. 26-Jun-2017 to
30-Jun-2019 Contract Value (AUD):$1,250,000.00

Notification of transfer of FOI request

The FOI Act provides a mechanism to transfer a request to another agency
where the subject-matter of the request is more closely connected with the
functions of that agency than with those of the agency to which the
request is made (section 16(1)(b) of the FOI Act). This ensures that a
decision on the request is made by the most appropriate agency. As the
subject-matter of the documents you have requested is more closely
connected with the functions of the National Indigenous Australians Agency
(NIAA) than with the functions of PM&C, your request has been transferred
in full to the NIAA under section 16(1)(b) of the FOI Act.

The NIAA will be in touch regarding the processing of your request. Should
you wish to contact them, please do so by emailing [1][email address].

Yours sincerely

FOI Adviser

FOI and Privacy Section| Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

[2]http://www.dcducks.com/wp-content/themes...
6271 5849 |
[3]http://cdn.mysitemyway.com/icons-waterma... request email]
|
[5]https://www.musicianswithoutborders.org/...

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

[7]cid:image001.jpg@01D30607.6CF4DA00[8]cid:image002.jpg@01D30607.6CF4DA00[9]cid:image003.jpg@01D30607.6CF4DA00 [10]cid:image004.jpg@01D30607.6CF4DA00

[11]cid:image005.jpg@01D30607.6CF4DA00

______________________________________________________________________

IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________

References

Visible links
1. mailto:[email address]
4. mailto:[DPMC request email]
6. http://www.pmc.gov.au/
7. https://twitter.com/pmc_gov_au
8. https://www.linkedin.com/company/departm...
9. https://twitter.com/indigenous_gov
10. https://www.facebook.com/indigenous.gov....

hide quoted sections

OFFICIAL

Dear Christian,

Freedom of Information Request no. FOI/2122/005

Thank you for your request to access documents under the Freedom of
Information Act 1982 (FOI Act). You have requested access to:

“the non confidential tender to the Human Rights Commission and/or
describe the scope of work provided under CN3449783. 26-Jun-2017 to
30-Jun-2019 Contract Value (AUD):$1,250,000.00”

At this time the NIAA has understood the documents you are seeking access
to be any non-confidential aspects of the request and agreement
documentation relating to the procurement of services under CN3449783,
including any amendments to the order and, as far as permissible,
description of the service deliverables.

If we are incorrect in this understanding, please let us know by writing
to [1][email address] by Friday 3 September 2021.

Transfer to the National Indigenous Australians Agency (NIAA)

As the subject matter of the documents sought relate more closely to the
functions and responsibilities of the National Indigenous Australians
Agency (NIAA), your request has been transferred to the NIAA under section
16(1) of the FOI Act.

Timeframe

You made your request to the Department of the Prime Minister and Cabinet
on 18 August 2021 and the 30 day statutory period for processing your
request commenced from the day after that date. You should therefore
expect a decision from us by 17 September 2021.

Request for an extension of time

The NIAA is currently experiencing FOI processing delays as a result of
the recent COVID-19 lockdown in the ACT. To ensure the NIAA may process
your request for documents within the statutory timeframe, we are
requesting an extension of time with your agreement, of 30 days under
section 15AA of the FOI Act. Should you agree to extend the timeframe
under s 15AA, a decision will be due to you by 18 October 2021.

If you agree to extending the timeframe for processing your request by 30
calendar days, please advise by reply email to [2][email address] by
Friday 3 September 2021.

We will advise you if there are any further extensions of time, including
if third party consultation is required.

Charges

Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the decision-maker decides that
you are liable to pay a charge, a preliminary assessment of the charge
will be provided to you as soon as possible.

Publication

Please note that information released under the FOI Act may later be
published online on our [3]Disclosure Log, subject to certain exceptions.
If you think you might wish to raise any objections to the publication of
any of the information which may be released to you, please contact us by
email at [4][email address]. If you wish to object to the publication of
information, you will need to provide supporting reasons.

Information out of scope

The NIAA treats the names and contact details of Commonwealth staff not in
the Senior Executive Service (SES), such as Australian Public Service
(APS) officers, and other personal details of all Commonwealth staff (such
as signatures and direct phone numbers) as not relevant to the scope of a
request. Information that is irrelevant to your request will be excluded
from any documents which may be released to you.

 Please note, the NIAA routinely excludes the following from documents
released in response to FOI requests:

•         duplicate documents

•         duplicate email chains

•         publicly available documents, and

•         draft or interim documents where a later version is included.

If you consider this information is relevant to the scope of your request,
please contact us by email at [5][email address].

Next steps

Please write to us by reply email to [6][email address] by Friday 3
September 2021 and tell us if you agree to an extension of time of 30
calendar days to process your request.

We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.

If you have any questions in the meantime, please do not hesitate to
contact us at [7][email address].

Yours sincerely,

FOI Coordinator

Corporate Group | National Indigenous Australians Agency

[8][email address]

Charles Perkins House 16 Bowes Place Phillip ACT 2606 |GPO Box 2191
Canberra ACT 2601

w. niaa.gov.au  w. indigenous.gov.au

 
[9]cid:image016.png@01D56E0C.F4E5C720 The National Indigenous Australians Agency acknowledges the traditional
owners and custodians of country throughout Australia and acknowledges their
continuing connection to land, waters and community. We pay our respects to
the people, the cultures and the elders past, present and emerging.
 
[10]cid:image017.png@01D56E0C.F4E5C720    
[11]cid:image018.png@01D56E0C.F4E5C720     [12]cid:image019.png@01D56E0C.F4E5C720     [13]cid:image020.png@01D56E0C.F4E5C720

Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake).  If you are not the intended recipient, you
must not use, disclose, copy or retain it.  If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy.  Recipients within the Agency
should seek assistance from Legal Services Branch before disseminating
this email to third parties.

______________________________________________________________________

IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://www.niaa.gov.au/foi/agency-foi-d...
4. mailto:[email address]
5. mailto:[email address]
6. mailto:[email address]
7. mailto:[email address]
8. mailto:[email address]
10. https://www.facebook.com/indigenous.gov.au
11. https://www.instagram.com/indigenous_gov/
12. https://twitter.com/indigenous_gov
13. https://www.youtube.com/user/IndigenousG...

hide quoted sections

OFFICIAL

Dear Christian,

Your Freedom of Information Request – FOI/2122/005

Please find attached notice regarding your freedom of information request.

Timeframe

The processing timeframe will be suspended under section 31(2) of the
Freedom of Information Act 1982 (FOI Act) from the date of this notice and
when you respond to this notice. If a response is not received within
thirty (30) calendar days, you will be taken to have withdrawn your
request under section 29(2) of the FOI Act.

If you have any questions, please feel free to contact the NIAA FOI
Coordinator by reply email.

Kind regards,

FOI Coordinator

Corporate Group | National Indigenous Australians Agency

[1][email address]

Charles Perkins House 16 Bowes Place Phillip ACT 2606 |GPO Box 2191
Canberra ACT 2601

w. niaa.gov.au  w. indigenous.gov.au

 
[2]cid:image016.png@01D56E0C.F4E5C720 The National Indigenous Australians Agency acknowledges the traditional
owners and custodians of country throughout Australia and acknowledges
their continuing connection to land, waters and community. We pay our
respects to the people, the cultures and the elders past, present and
emerging.
 
[3]cid:image017.png@01D56E0C.F4E5C720    
[4]cid:image018.png@01D56E0C.F4E5C720     [5]cid:image019.png@01D56E0C.F4E5C720     [6]cid:image020.png@01D56E0C.F4E5C720

Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake).  If you are not the intended recipient, you
must not use, disclose, copy or retain it.  If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy.  Recipients within the Agency
should seek assistance from Legal Services Branch before disseminating
this email to third parties.

______________________________________________________________________

IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________

References

Visible links
1. mailto:[email address]
3. https://www.facebook.com/indigenous.gov.au
4. https://www.instagram.com/indigenous_gov/
5. https://twitter.com/indigenous_gov
6. https://www.youtube.com/user/IndigenousG...

hide quoted sections

OFFICIAL

Dear Christian

We refer to our correspondence of 9 September 2021 (copy below).

In our correspondence you were provided with written notice under section
29(1) of the Freedom of Information Act 1982 (FOI Act) that you had thirty
(30) calendar days from the date of the notice to either:

·        pay the charge, being the deposit or full amount outlined in the
Estimate of Charges, and notify the FOI Team via this email

·        notify the Agency that you wish to contend the charges, or

·        withdraw your request.

You were also advised that if you failed to contact the NIAA in writing to
do one of the above, within the timeframe, you are taken to have withdrawn
your request pursuant to subsection 29(2) of the FOI Act.

To date, the Agency has not received a response or payment from you in
relation to the Estimate of Charges.

Accordingly, your FOI request is taken to have been withdrawn pursuant to
section 29(2) of the FOI Act, and no further action will be taken in
relation to your request.

If you would still like to pursue your matter, you will need to lodge a
new FOI request with the Agency.

Kind regards,

Georgia

Georgia Cain | Lawyer

Corporate Law Team | Legal Services Branch | Corporate Group 

National Indigenous Australians Agency

p. (02) 6152 3891 | [1][email address]

Charles Perkins House 16 Bowes Place Phillip ACT 2606 |GPO Box 2191
Canberra ACT 2601

w. niaa.gov.au  w. indigenous.gov.au

 
[2]cid:image016.png@01D56E0C.F4E5C720 The National Indigenous Australians Agency acknowledges the traditional
owners and custodians of country throughout Australia and acknowledges
their continuing connection to land, waters and community. We pay our
respects to the people, the cultures and the elders past, present and
emerging.
 
[3]cid:image017.png@01D56E0C.F4E5C720    
[4]cid:image018.png@01D56E0C.F4E5C720     [5]cid:image019.png@01D56E0C.F4E5C720     [6]cid:image020.png@01D56E0C.F4E5C720

Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake).  If you are not the intended recipient, you
must not use, disclose, copy or retain it.  If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy.  Recipients within the Agency
should seek assistance from Legal Services Branch before disseminating
this email to third parties.

From: FOI NIAA <[email address]>
Sent: Thursday, 9 September 2021 5:52 PM
To: 'Christian' <[FOI #7695 email]>
Cc: FOI NIAA <[email address]>
Subject: Your Freedom of Information Request - Notice of estimate of
charges - FOI/2122/005 [SEC=OFFICIAL]

OFFICIAL

Dear Christian,

Your Freedom of Information Request – FOI/2122/005

Please find attached notice regarding your freedom of information request.

Timeframe

The processing timeframe will be suspended under section 31(2) of the
Freedom of Information Act 1982 (FOI Act) from the date of this notice and
when you respond to this notice. If a response is not received within
thirty (30) calendar days, you will be taken to have withdrawn your
request under section 29(2) of the FOI Act.

If you have any questions, please feel free to contact the NIAA FOI
Coordinator by reply email.

Kind regards,

FOI Coordinator

Corporate Group | National Indigenous Australians Agency

[7][email address]

Charles Perkins House 16 Bowes Place Phillip ACT 2606 |GPO Box 2191
Canberra ACT 2601

w. niaa.gov.au  w. indigenous.gov.au

 
[8]cid:image016.png@01D56E0C.F4E5C720 The National Indigenous Australians Agency acknowledges the traditional
owners and custodians of country throughout Australia and acknowledges their
continuing connection to land, waters and community. We pay our respects to
the people, the cultures and the elders past, present and emerging.
 
[9]cid:image017.png@01D56E0C.F4E5C720    
[10]cid:image018.png@01D56E0C.F4E5C720     [11]cid:image019.png@01D56E0C.F4E5C720     [12]cid:image020.png@01D56E0C.F4E5C720

Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake).  If you are not the intended recipient, you
must not use, disclose, copy or retain it.  If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy.  Recipients within the Agency
should seek assistance from Legal Services Branch before disseminating
this email to third parties.

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
3. https://www.facebook.com/indigenous.gov.au
4. https://www.instagram.com/indigenous_gov/
5. https://twitter.com/indigenous_gov
6. https://www.youtube.com/user/IndigenousG...
7. mailto:[email address]
9. https://www.facebook.com/indigenous.gov.au
10. https://www.instagram.com/indigenous_gov/
11. https://twitter.com/indigenous_gov
12. https://www.youtube.com/user/IndigenousG...