FOI Delegations
Ben Fairless made this Freedom of Information request to Department of the Senate as part of a batch sent to 166 authorities
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Department of the Senate,
Under section 23 of the Freedom of Information Act, the principal officer or minister can make arrangements to give their decision making powers to others.
I'm hoping you can provide me with a copy of the current arrangements if possible.
If it helps, I'm happy for you to process this request under "administrative release" (https://www.oaic.gov.au/freedom-of-infor...). This would reduce the cost and time required to make a formal decision.
That said, I understand sometimes you want the request to be formal. If you won't process it informally, please process my request for the document as a formal FOI Request.
Please note - While I volunteer for Right to Know, this request is made in a personal capacity and not on behalf of Right to Know.
Yours faithfully,
Ben Fairless
Dear Mr Fairless
Section 68A of the Parliamentary Service Act 1999 exempts departments and people holding or performing the duties of an office established under that Act from the definition of a prescribed authority under the FOI Act. In this regard the department does not have arrangements specific to section 23.
While not subject to the Freedom of Information Act 1982, the department’s policy is to comply with the intent of the Act in relation to its administrative records to the extent practicable, having regard to the legal issues which may arise in the absence of the protections afforded by the Act.
Regards
Black Rod Office | Department of the Senate
Phone 02 6277 3398 | 0419 194 779 (m)
www.aph.gov.au/senate
-----Original Message-----
From: Ben Fairless [mailto:[FOI #5052 email]]
Sent: Wednesday, 14 November 2018 11:51 PM
To: Usher of the Black Rod (SEN)
Subject: Freedom of Information request - FOI Delegations
Dear Department of the Senate,
Under section 23 of the Freedom of Information Act, the principal officer or minister can make arrangements to give their decision making powers to others.
I'm hoping you can provide me with a copy of the current arrangements if possible.
If it helps, I'm happy for you to process this request under "administrative release" (https://www.oaic.gov.au/freedom-of-infor...). This would reduce the cost and time required to make a formal decision.
That said, I understand sometimes you want the request to be formal. If you won't process it informally, please process my request for the document as a formal FOI Request.
Please note - While I volunteer for Right to Know, this request is made in a personal capacity and not on behalf of Right to Know.
Yours faithfully,
Ben Fairless
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