Documents relating to the decision to remove EVACS source code from easy public access

Response to this request is delayed. By law, ACT Electoral Commission should normally have responded promptly and by (details)

Dear ACT Electoral Commission,

In accordance with the Freedom of Information Act 2016, I apply for access to documents held by the Commission in relation to the 2024 electronic voting and counting system.

Specifically, I request all documents, including email and meeting minutes, related to the decision in April 2024 to withdraw the EVACS voting and counting code from the easily-accessible public disclosure that had previously been made.

Yours faithfully,

Vanessa Teague

Elections ACT, ACT Electoral Commission

OFFICIAL

Dear Vanessa Teague

ACKNOWLEDGEMENT OF YOUR ACCESS APPLICATION

I am writing to acknowledge receipt of the access application you made under the Freedom of Information Act 2016 (FOI Act) dated 9 May 2024.

This application requested access to:

"...documents held by the Commission in relation to the 2024 electronic voting and counting system.
Specifically, I request all documents, including email and meeting minutes, related to the decision in April 2024 to withdraw the EVACS voting and counting code from the easily-accessible public disclosure that had previously been made."

Timeframe

Your application was received by Elections ACT on 9 May 2024. Under the FOI Act, we have 20 working days from this date to process your access application.

As a result, you should expect a decision from us by 7 June 2024. This period may, however, be extended if we need to consult third parties or for other reasons set out in the FOI Act. We will notify you if this is the case.

Opportunity for discussion

The temporary removal of the EVACS code from the Elections ACT website occurred as a result of ongoing operational testing. In order to facilitate a speedier response to your access request, Elections ACT is able to meet with you to explain the process around the temporary removal of the code. Please let me know if you would prefer a meeting to discuss this.

Charges

You will not be charged unless we advise you that charges are payable in relation to your access application, and you choose to proceed.

Disclosure Log

Please note that section 28 of the FOI Act requires publication of access applications and any information subsequently released on our disclosure log at https://www.elections.act.gov.au/about_u....

This means that if you are granted access to the information requested, it will also be made publicly available on our website, unless your access application is for personal information, or information about your business, commercial, financial or professional affairs where the publication of the information would be unreasonable in the circumstances.

Further assistance

If you have any questions in relation to your access application, please contact me on (02) 6205 0033 or [ACT Electoral Commission request email]

Yours sincerely

Rachel U'Ren

Rachel U'Ren (she/her) | Complaints and Records Manager
Phone: (02) 6205 0033 | Email: [ACT Electoral Commission request email]
Elections ACT | ACT Government
3 Constitution Ave, Canberra | GPO Box 172 Canberra ACT 2601 http://www.elections.act.gov.au/

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Elections ACT, ACT Electoral Commission

OFFICIAL

Dear Vanessa Teague

THIRD PARTY CONSULTATION UNDER THE FREEDOM OF INFORMATION ACT 2016

I refer to your access application under the Freedom of Information Act 2016 (FOI Act), received by Elections ACT on 9 May 2024.

I am writing to tell you that we have identified information relevant to your application that concerns the affairs of a third party. This information is expected to be of concern to the third party because it relates to their personal or business affairs, or the affairs of a government or government agency. Under section 38 of the FOI Act, we are required to consult with the third party before making a decision on the release of this information.

The decision-maker will take into account any comments we receive from the third party. However, the final decision on whether to grant you access to the information requested rests with the decision-maker.

Under section 40 (1) of the FOI Act, we must respond to your application within 30 working days of receipt, not 20 working days as previously advised. I apologise for the administrative error in my acknowledgement email dated 23 May (below). Section 40 (2) provides for an additional 15 working days in order to allow us to consult with a third party.

Therefore a decision on your access application is now due on 24 June 2024 although I anticipate that we will respond before then.

If you have any questions in relation to your access application, please contact me on (02) 6205 0033 or [ACT Electoral Commission request email]

Yours sincerely
Rachel U'Ren

Rachel U'Ren (she/her) | Complaints and Records Manager
Phone: (02) 6205 0033 | Email: [ACT Electoral Commission request email]
Elections ACT | ACT Government
3 Constitution Ave, Canberra | GPO Box 172 Canberra ACT 2601 http://www.elections.act.gov.au/

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