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Documents not available for download from your FOI log or reasoning

Posty made this Freedom of Information request to Department of Defence

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From: Posty

Delivered

Dear FOI Department,

It has been noticed, that in some occasions, there are documents on your Freedom Of Information Disclosure Log where you have put the most redundant text next to FOI disclosures—the equivalent of “if you would like access to these documents, please email/contact us for access”.

Any person reviewing the information on that site would of course be after the documents. It is puzzling that, on some occasions, you have made the documents available and others not.

I believe this is not in the spirit of the FOI act section 11C, and thus I request—under the Freedom of Information Act 1982—copies of the following documents:

All documents as is (that is, redacted or unredacted) from all previously made decisions on your department's FOI log that are currently not available for download direct from the website.

My preferred method of delivery for this information is for it to be placed on your department's Freedom of Information disclosure log web page as per part A) of 11C of the FOI Act.

Should this request be successful you can put a simple list of the documents that were made available from the request, or whatever is most expedient, on the log.

I apologise for my pessimism, but past FOI experiences have led me to believe this request may elicit a response similar to “this request would divert too many resources of your department to complete”. Should you be thinking this, you have nobody to blame but yourselves—your department made this metaphorical bed.

Should you be seriously considering a practical refusal, my alternative request is for any documents that your department holds relating to the decision to include text on your freedom of information disclosure log similar to "contact us for access to this document".

In addition I request the total of the number of times any member of the public has asked for access to each said non-website published successful for documents on the FOI disclosure log other than the original successful applicant.

I do accept there is a very remote possibility there is a “Good Reason” for these not being available, and I hope these are contained within the documents provided as I cannot foresee any.

In the interests of expediency, I am willing to consider Administrative Access to said documents, should the document be provided within 30 days ( plus any public holidays in-between) of the sending of this email. After this time - the FOI Act applies as normal in all instances and any requests for extension will be denied without a supplied very good reason.

Regards,

Posty

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From: FOI
Department of Defence


Attachment Freedom of Information request Documents not available for download from your FOI log or reasoning.txt
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UNCLASSIFIED

Good afternoon Posty,

 

I refer to your attached request, please note the Department publishes all
decisions and documents on its disclosure log as per section 11C of the
FOI Act.

 

Under section 11C it states:

 

                (3) The agency, or the Minister, must publish the
information to members of the public generally on a website:

               

                                (c) publishing on the website other
details of how the information may be obtained.

 

Where documents have not been published we have included the statement “if
you would like access to these documents please email us/contact us for
access:” This statement meets the requirement of 11C of the Act.

 

You may request access to the documents that have this statement in place,
however due to the size of a majority of the documents they will have to
be placed on a disc and sent via post. This will require a postal address.

 

Please note requesting ‘all documents not published’ in one request will
attract a section 24AA practical refusal as the disclosure log dates back
to 2010 with approximately 29 requests not published. You have also
requested the number of times a year members of the public have requested
these documents. This request alone would attract a potential section 24AA
as it would require cross checking our records database with all
correspondence for possible requests for the documents. Please note, all
requests for documents are supplied to the requestor.

 

Grateful if you could please indicate how you wish to proceed with this
request.

 

Kind regards

 

FOI Inquiries

Freedom of Information

Information Management and Access

Governance and Reform Division

 

Department of Defence

CP1-06-003

PO Box 7910 Canberra ACT 2610

[1][email address]

 

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.

 

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.

 

 

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