Dear Office of the Australian Information Commissioner,

Under the FOI Act I request access to a document that identifies the number of extant IC review requests (i.e. IC review requests that have not been discontinued or closed or withdrawn or the like, and on which the Commissioner has yet to make a decision) for the:

2019-2020 financial year;
2020-2021 financial year; and
2021-2022 financial year.

If the document can be prepared under s 17 of the FOI Act, please prepare the document according to the terms of that section.

Documents can be sent to me by email.

Yours faithfully,

Louise

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

OFFICIAL: Sensitive

Our reference: FOIREQ22/00322

 

Dear Louise

 

Freedom of Information request

 

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act).

You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 4 October 2022. This means that a decision on your
FOI request is currently due on 3 November 2022.

Scope of your request

Your FOI request was made in the following terms:

“Under the FOI Act I request access to a document that identifies the
number of extant IC review requests (i.e. IC review requests that have not
been discontinued or closed or withdrawn or the like, and on which the
Commissioner has yet to make a decision) for the:

 

2019-2020 financial year;

2020-2021 financial year; and

2021-2022 financial year.

 

If the document can be prepared under s 17 of the FOI Act, please prepare
the document according to the terms of that section.

 

Documents can be sent to me by email.”

Can you please kindly clarify whether you are seeking:

 1. the number of open IC review matters as at the date of the FOI request
where the IC review request was received by the OAIC in the 2019-20,
2020-21, and 2021-22 financial years

 

OR

 

 2. the number of open IC review matters for each of the 2019-20, 2021-21
and 2021-22 financial years.

We have interpreted your scope to mean (1) above, that is, “the number of
open IC review matters as at the date of the FOI request where the IC
review request was received by the OAIC in the 2019-20, 2020-21, and
2021-22 financial years.  Can you please kindly confirm by noon Friday 7
October 2022 that this is correct?

If we do not hear from you by this time, we will assume that you agree
with our interpretation of the scope and will process the request
according to our understanding of the scope.

In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.

We will not identify you as the FOI applicant during any consultation
process, unless we seek your permission. However, documents that are
within the scope of your request that we may need to consult third parties
about may contain your personal information.

Timeframes for dealing with your request

Section 15 of the FOI Act requires the OAIC to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.

The current decision due date for your request is 3 November 2022. We will
advise you if this timeframe is otherwise extended.

Disclosure Log

Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.

If you would like to discuss your FOI request, please contact me on my
contact details set out below.

Kind regards,

 

[1]O A I C logo   Alessia Mercuri | Lawyer

Legal Services

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [2]oaic.gov.au

+61 2 9942 4236| 
[3][email address]
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OFFICIAL: Sensitive

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,
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Dear Ms Mercuri,

Thank you for your email.

Your first interpretation of my FOI request is correct. I am after any documents with the number of open IC review matters as at the date of the FOI request where the IC review request was received by the OAIC in the 2019-20, 2020-21, and 2021-22 financial years.

Yours sincerely,

Louise

Dear Ms Mercuri,

Would you mind asking one of your colleagues in the Intake & Early Resolution team to provide me with an update about the progress made in relation to MR22/00977?

The update can be sent to foi+request-8734-6434274a[[atsymbol]]righttoknow.org.au.

I am interested in the progress made on request MR22/00977 because there is mounting evidence on the Right to Know website and elsewhere that the "Judicial Registrar Recruitment Outcome" document that is the subject of the internal review decision is not a record that supports acting assistant commissioner Kate McMullan’s conclusion that, in relation to the “National Judicial Registrar role”, “a role review process … had resulted in certain positions being found suitable for either a Legal 2 or (SES1) position, depending on the relative complexity and work load”, even though it is plainly unlawful to classify vacancies over a "Legal 2" (i.e. Executive Level 2) and Senior Executive Band 1 classifications. Has the OAIC contacted the Federal Court to notify it that it will be conducting an IC review into the Ms Colbran's decision?

Also, Ms Colbran made the following decisions that are at odds with the decision she made in relation to my request:

https://www.righttoknow.org.au/request/r...

https://www.righttoknow.org.au/request/d...

Yours sincerely,

Louise

OAIC - Legal, Office of the Australian Information Commissioner

9 Attachments

Our Reference: FOIREQ22/00322

 

Dear Louise,

 

Please find the attached decision, document schedule and documents in
relation to the above FOI Request.

 

Kind Regards,

 

[1]O A I C logo   Alessia Mercuri | Lawyer

Legal Services

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [2]oaic.gov.au

+61 2 9942 4236| 
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter |   icon 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. https://aus01.safelinks.protection.outlo...
2. https://www.oaic.gov.au/
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://www.oaic.gov.au/updates/sign-up/

Dear Ms Mercuri,

Thank you.

Yours sincerely,

Louise