FOI Request for Detail Incident Report 1-5XB7XL

Robert Tedge made this Freedom of Information request to Department of Home Affairs

The request was refused by Department of Home Affairs.

From: Robert Tedge

Delivered

To the Department of Immigration and Citizenship,

Dear Sir/Madam,

Under the Freedom of Information Act 1982 (Cth) I request the following document:

Incident Detail Report 1-5XB7XL from the Department's Compliance, Case Management, Detention and Settlement Portal. I also request any documents attached to the detailed report.

Kind Regards,

Rob Tedge

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From: FOI


Attachment 24AB notice 5 July 2013.pdf
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UNCLASSIFIED

Our reference: FA 13/07/00163; ADF2013/20185

Dear Mr Tedge

Please see the attached notice.

Regards

Linda Rossiter
Director
FOI and Privacy Policy
Department of Immigration and Citizenship

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From: Robert Tedge

Delivered

Dear Ms Rossiter,

I am writing to you regarding my recent FOI request (FOI ref: FA 13/07/00163) and your subsequent response on 5 July 2013.

~s.24(2)
I note that the Department of Immigration and Citizenship (DIAC) has deemed that the subject matter of this application to be substantially the same as 19 other requests.

I stuggle to understand how 19 incident reports can be substaintially the same. It is my interpretation that for something to be substantially the same the reports would have to relate to the same incident, same person and same time. I do not believe your assessment to be correct just because all of the incident reports are for things that happened in a detention centre. No reasonable person could believe that an incident relating to a person threatening self harm is the same as a fight between two detainees.

As such, I would appreciate you removeing my request from the other requests as I do not believe them to possiblly be all substantially the same.

~s24AA
I also appreiciate DIAC's acknowledgment of my request meeting the public interest test, and considering my request is just one incident report, I assumed there is little problem with diverting the resources of the department to process my request.

In summury, please do not include my request with the others and if need be, please feel free to narrow the scope of my request to my single incident report.

Yours sincerely,

Robert Tedge

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From: FOI

UNCLASSIFIED

Dear Mr Tedge

 

Please accept our apologies for the delayed response.

 

As advised in the s.24AB notice of 5 July 2013, our view is that, while we
accept that these are different incidents, the test in section 24 is that
the requests relate to documents where the ‘subject matter is
substantially the same’.  This does not require the incidents to be the
same, nor does it require that the incidents be about the same subject;
only that they are ‘substantially the same’.

 

When requests from individual requestors have been combined on the grounds
that the subject matter is ‘substantially the same’, it is not appropriate
to treat individual requestors differently from each other. Consequently,
we will not be removing your request from the combined request to process
it separately.

 

It remains open for you to make a new request, even re-submitting a
request for the same information in the future.  As always, we will treat
the request on its merits and handle it appropriately in accordance with
the Freedom of Information Act 1982.

 

Regards

 

Rowan Patterson

A/g Director

Freedom of Information & Privacy Policy Section
Department of Immigration and Citizenship
Email:    [1][DIAC request email]

 

 

 

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From: FOI


Attachment Deemed withdrawn notice.pdf
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UNCLASSIFIED

    Dear Mr Tedge

    

     Please see the attached notice.

    

     Regards

    

     Linda Rossiter

     Director

     FOI and Privacy Policy

     Department of Immigration and Citizenship

 

UNCLASSIFIED

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From: FOI


Attachment CCAF form.doc
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Attachment Incident report Charge Notice s 29 1 Tedge.pdf
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Attachment mg info.txt
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UNCLASSIFIED

Our references: FA 14/08/00211; ADF2014/27702

 

Dear Robert Tedge

 

I am writing in regards to your FOI request seeking:  

 

Incident Detail Report 1-5XB7XL from the Department's Compliance, Case
Management, Detention and Settlement Portal. I also request any documents
attached to the detailed report.

 

This email is to advise you of my decision that you are liable to pay a
charge in respect of the processing of your FOI request in accordance with
s 29 of the FOI Act.  

 

Please see the attached letter for further information.  

 

How to pay:

 

Include your FA Reference number and advise whether you wish to pay the
deposit or the full amount.

 

The deposit or full payment can be paid by cheque, money order, credit
card or Electronic Funds Transfer (EFT).

 

Cheques and money orders should be made payable to "Collector of Public
Monies" and sent to:

 

FOI & Privacy Policy Section

Department of Immigration and Border Protection

PO Box 25

BELCONNEN  ACT  2616

AUSTRALIA

 

Should you choose to pay by credit card, please complete the attached
credit card authorisation form (CCAF form), including your signature and
forward to FOI & Privacy Policy Section at the above address, or email to
[1][DIBP request email].  

 

Should you choose to pay by EFT the department’s bank account details are
as follows:

 

       •           Bank:                           CBA

       •           BSB:                            062987

       •           Account Number:       10016044

       •           Account Name:           DIBP Official Administered
Direct Credit Receipts Account.

 

When making the transfer you will need to quote the number of your request
- FA 14/08/00211 - so that your payment can be identified by our Finance
area.  Failure to do so may result in payments not being identified as FOI
related and could result in processing delays.

 

Please advise FOI when you have made the payment made by direct credit so
that we can contact the Finance area and they can issue a receipt. You
should also be aware that payments by direct credit are not processed in
real time. There is at least a one day delay between somebody paying money
into the department's account and notification of the payment via our bank
account statement.

 

Yours sincerely

 

Linda Rossiter
FOI and Privacy Policy

 

 

 

UNCLASSIFIED

References

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1. mailto:[DIBP request email]

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From: Robert Tedge

Delivered

Dear Linda Rossiter,

There is substantial concern among the Australian community, including members of Parliament, interest groups, the media and the general public about the the condition of asylum seekers held in our detention centres. I contend that it is also in the public interest to secure evidence that the conditions of people seeking our care are taken seriously and taken in an accountable and transparent manner. This requires consideration of documents involved in this request.

As such, I request that the Department consider whether the release of the documents is on balance in the public interest. If so, I request the Department to waive the fee for their release on grounds of public interest under S (29(5)) of the FOIAct.

Yours sincerely,

Robert Tedge

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From: FOI

UNCLASSIFIED
 
Our references: FA 14/08/00211; ADF2014/27702
 
 
Dear Robert Tedge
 
Thank you for your email dated 14 August 2014, where you have indicated
your contention to the charges assessment for FA 14/08/00211.
 
I will consider your contention and respond, no later than 30 days from
the date the department received your contention. This is in accordance
with s.29(6) of the FOI Act. Therefore, you may expect a decision by 13
September 2014. As this date falls on a non-working day, s.36(2) of the
Acts Interpretation Act 1901 provides that the latest date I may respond
is the next working day, which is close of business Monday, 15 September
2014.
 
Yours sincerely
 
Linda Rossiter
FOI and Privacy Policy
 

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From: FOI


Attachment CCAF form.doc
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Attachment Notice decision after charges contentions Tedge.pdf
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UNCLASSIFIED

 

Our references: FA 14/08/00211; ADF2014/27702

 

 

Dear Mr Tedge

 

I am writing in regard to your FOI request seeking:  

                                                                                                                                                                                          

Incident Detail Report 1-5XB7XL from the Department's Compliance,  Case
Management, Detention and Settlement Portal. I also request any documents
attached to the detailed report.

 

On 14 August 2014 you wrote to the department outlining your contention to
the charges assessment for FA 14/08/00211. I have made a decision in
respect of the amount of charge payable in relation to your request.
Please see the attached decision notice for further information.

                                                                                                                                                                                 

In accordance with s.31 of the FOI Act the legislated processing time for
your request remains suspended. Please refer to the attached notice for
further details, including advice on when the processing period for your
request would resume.

 

Timeframe to respond

The department provides you with 30 days to respond, in writing, to this
decision notice, which is close of business Thursday 9 October 2014.

 

This is consistent with the Information Commissioner Guidelines (Part 4 –
Charges for providing access).

 

How to pay:

Details on how to make a payment to the department are included in the
notice. Please ensure that you include your FA Reference number and advise
whether you wish to pay the deposit or the full amount. If this
information is not included with your payment details it may delay the
processing of your request.

 

The deposit or full payment can be paid by cheque, money order, credit
card or Electronic Funds Transfer (EFT). If you choose to pay via EFT or
send your payment via post, please notify the FOI Section at
[1][DIBP request email].

 

Review of decision

A decision under s.29(8) of the FOI Act is a reviewable decision. Please
see the attached decision notice for further details.

 

Yours sincerely

 

Linda Rossiter
FOI and Privacy Policy

Department of Immigration and Border Protection

 

UNCLASSIFIED

Important Notice: If you have received this email by mistake, please
advise
the sender and delete the message and attachments immediately.  This
email,
including attachments, may contain confidential, sensitive, legally
privileged
and/or copyright information.  Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited.  DIBP respects your privacy and has
obligations under the Privacy Act 1988.  The official departmental privacy
policy can be viewed on the department's website at www.immi.gov.au.  See:
http://www.immi.gov.au/functional/privac...

References

Visible links
1. mailto:[DIBP request email]

Link to this

From: FOI

UNCLASSIFIED

Our references: FA 14/08/00211; ADF2014/27702

 

Dear Mr Tedge

 

I am writing in regard to your FOI request seeking:  

                                                                                                                                                                                          

Incident Detail Report 1-5XB7XL from the Department's Compliance,  Case
Management, Detention and Settlement Portal. I also request any documents
attached to the detailed report.

On 9 September 2014 I advised that I had made a decision in respect of the
amount of charge payable in relation to your request, and also advised of
the date by which you had to respond.  The notice period under the FOI Act
expired at close of business Thursday, 9 October 2014.  As you did not
respond to me by the end of the notice period, your request is now deemed
to have been withdrawn by the operation of the FOI Act. 

 

No further action will be taken on this request.   You may lodge a new
request for access at any time

                                                                 

How to make a complaint about the handling of your FOI request

 

You may complain to the Australian Information Commissioner if you have
concerns about how the department has handled your request under the FOI
Act.  A complaint form is available at
http://www.oaic.gov.au"www.oaic.gov...

 

Yours sincerely

 

Linda Rossiter

FOI and Privacy Policy

Department of Immigration and Border Protection

UNCLASSIFIED

Important Notice: If you have received this email by mistake, please
advise
the sender and delete the message and attachments immediately.  This
email,
including attachments, may contain confidential, sensitive, legally
privileged
and/or copyright information.  Any review, retransmission, dissemination
or other use of this information by persons or entities other than the
intended recipient is prohibited.  DIBP respects your privacy and has
obligations under the Privacy Act 1988.  The official departmental privacy
policy can be viewed on the department's website at www.immi.gov.au.  See:
http://www.immi.gov.au/functional/privac...

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