FOI Delegations - 2016
Ben Fairless made this Freedom of Information request to Australia Council for the Arts as part of a batch sent to 125 authorities
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Australia Council for the Arts,
Can I please have a copy of the current FOI Delegations, and any related directions issued in respect of FOI.
I believe this information could be considered "operational information" so I therefore request release under the IPS, or under Administrative Access.
Yours faithfully,
Ben Fairless
Dear Mr Fairless,
Please find attached correspondence in response to your email.
Thanks and regards,
Rebecca Kenny
General Counsel
T +61 2 9215 9123 M 0498 003 270
E [email address]
Australia Council for the Arts
australiacouncil.gov.au | Connect with us
372 Elizabeth Street, Surry Hills NSW 2010
Toll-free 1800 226 912 NRS 1800 555 677
Dear Rebecca Kenny,
My request was for a copy of the delegations made by the head of the agency related to FOI. Normally, someone needs to be approved under the FOI Act to make decision, I am seeking a copy of that approval.
This email address is a valid address where notices can be sent. The OAIC recognises the Right to Know website in its guidelines.
My request was for a release of what should be a simple document under administrative access or as part of the Information Publication Scheme. I note the subject of my email contained the words "Freedom of Information request" so that should be sufficient to know it's a request under FOI.
Yours sincerely,
Ben Fairless
Dear Mr Fairless,
Thank you for clarifying the information you are seeking.
I will endeavour to provide you with a response within 30 days. Where we are required to consult with a third party where, for example, the documents you seek access to contain personal information about a third party, or where the time for processing your request will not be completed within the statutory timeframe due to its complexity or the large volume of documents, we may seek your agreement to an extension of time for the processing of your request, or alternatively, may seek an extension from the Information Commissioner.
You are also advised that processing charges may apply to your request. Please review the applicable fees and charges and advise by 11 November 2016 if you do not wish to proceed with your application. If I do not hear further from you in relation to the applicable fees and charges your acceptance of these will be deemed.
Information on fees and charges can be found here:
http://www.australiacouncil.gov.au/about...
Regards,
Rebecca Kenny
General Counsel
T +61 2 9215 9123 M 0498 003 270
E [email address]
Australia Council for the Arts
australiacouncil.gov.au | Connect with us
372 Elizabeth Street, Surry Hills NSW 2010
Toll-free 1800 226 912 NRS 1800 555 677
Dear Rebecca Kenny,
1. I consider the information I'm asking for should be released for free as it is operational information.
2. I suggest you read the FOI Act and guidelines. You are required to issue a charges notice. I do not accept nor will I pay for charges involved in processing a request until you issue a charges notice and justify your charges.
I am inclined to make a complaint about your last response, however if you can process this request with minimal fuss then hopefully this won't be required.
Yours sincerely,
Ben Fairless
Mr Fairless,
Thank you for your suggestion but I am very familiar with the FOI Act and
guidelines.
It is a standard courtesy conveyed to all FOI applicants, to inform them
that processing charges may apply, in the event they are unaware of this.
This notification is intended to inform applicants of the process and is
not an assumption that a charge will be incurred before the applicant has
been further consulted. As per clause 3.73 of the FOI Guidelines this type
of consultation is appropriate and often helpful in instances, for
example, where an applicant may not be aware of the nature and volume of
an agency’s records, and, as a result, their request will be expressed in
wider terms than is necessary. If it is deemed that processing charges
will apply, of course an applicant is formally advised of this, including
the cost, before the costs are incurred.
Your last sentence is unduly threatening and I request that you refrain
from communicating in this manner in the future. It is not appropriate or
necessary.
I can assure you that your request will be processed in strict accordance
with the FOI Act and Guidelines.
Thank you.
Rebecca Kenny Australia Council for the Arts
General Counsel [2]australiacouncil.gov.au |
[3]Connect with us
T +61 2 9215 9123 M 0498 003 270
372 Elizabeth Street, Surry Hills NSW
E [1][email address] 2010
Toll-free 1800 226 912 [4]NRS 1800
555 677
Dear Mr Fairless,
Please find attached the information you have sought under the Freedom of
Information Act 1988 (Cth).
Thanks and regards,
Rebecca Kenny Australia Council for the Arts
General Counsel [2]australiacouncil.gov.au |
[3]Connect with us
T +61 2 9215 9123 M 0498 003 270
372 Elizabeth Street, Surry Hills NSW
E [1][email address] 2010
Toll-free 1800 226 912 [4]NRS 1800
555 677
References
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