FOI Request for Detail Incident Report 1-2RG4E3

Peter Kunzli made this Freedom of Information request to Department of Immigration and Border Protection

The request was refused by Department of Immigration and Border Protection.

From: Peter Kunzli

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 1-2RG4E3 from the Department's Compliance, Case Management, Detention and Settlement Portal. I also request any documents attached to the detailed report.

Kind Regards,

Peter Kunzli

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From: FOI


Attachment s24AB notice.pdf
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UNCLASSIFIED

Dear Mr Kunzli

Please see the attached notice.

Regards

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

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From: Peter Kunzli

Delivered

Dear Department of Immigration and Citizenship,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Immigration and Citizenship's handling of my FOI request 'FOI Request for Detail Incident Report 1-2RG4E3'.

I reject your assessment that you cannot reply as it would divert
the resources of the Department for preventing Immigration. This is
the whole point of the request, to get you to do something useful
instead of locking up desperate and innocent people.

I therefore request a review and exercise my right to receive the
information requested.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.righttoknow.org.au/request/fo...

Yours faithfully,

Peter Kunzli

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From: FOI

UNCLASSIFIED

Dear Mr Kunzli

The notice you received from me on Monday 24 June was to advise you that, based on the current scope, processing of your request meets a practical refusal reason under the Freedom of Information Act 1982 (FOI Act); that is, that it would constitute a substantial and unreasonable diversion of the department’s resources. This notice invites you, as one of the individuals involved in this request, to consult with the department to narrow the scope of the request.

What we require from each individual applicant is to respond to the notice. By cob 8 July 2013, you need to do one of the following (as per section 24AB of the FOI Act):

(a) withdraw the request; or
(b) make a revised request; or
(c) indicate that you do not wish to revise the request.

If I am not advised of any of the above, the request will be deemed to have been withdrawn. Please note that in order to have made a revised request, it must be a scope where the department has agreed that it would no longer meet the practical refusal reason, ie. a substantial and unreasonable diversion of the department’s resources.

I have suggested that you and the other applicants appoint someone to negotiate on your behalf with the department so a response appointing someone to act on your behalf will be required if that is what you wish to do.

Please note that my notice of 24 June did not constitute an access refusal decision. Consequently, you are unable to seek review of this notice. Rather, the notice encourages you to consult with the department on the scope of the request. If you are not happy with the department’s handling of the request you may make a complaint to the Office of the Australian Information Commissioner. Details of how to do this are in the notice you received.

Regards

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

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From: Peter Kunzli

Delivered

Dear Ms Rossiter,

Thank you for your email. I disagree with your assertion that my request can be linked to other requests in accordance with s 24(2) of the Freedom of Information Act 1982 (Cth). My request and the others you refer to are not requests by the same person. This is a condition precedent for the application of this section of the act.

The Office of Australian Information Commissioner Guidelines state that the section is relevant: "two or more requests from the same applicant may be treated as a single request where the agency or minister is satisfied that the requests relate to substantially the same document or documents.” (See Guidelines 3.62)

You must have regard to these guidelines in performing a function or exercising a power under the FOI Act (s 93A(2)).

In addition you wrongly conclude that the requests relate to documents the subject matter of which is substantially the same. My request and other requests relate to incident reports involving different individuals, different types of events, and events at different times and places. The subject matter in each case is likely to be unique not substantially the same.

Your reliance on these grounds for any decision to refuse access for the practical refusal reason that processing the request would substantially and unreasonably divert the resources of the agency from its other operations is misplaced.

Based on this I would like to indicate that I will be declining to vary or revise my request further. You estimate that dealing with my request would take three hours and as such this would not substantially and unreasonably divert the resources of the agency from its other operations. In any event there are strong public interest factors, reflected in the objects of the act, in favour of disclosure of the requested document.

I look forward to true determination of my application.

Regards,

Peter Kunzli

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From: FOI

UNCLASSIFIED

Dear Mr Kunzli

Thank you for your response. I recognise that paragraph 3.62 of the FOI Guidelines refers to a single applicant. It does not, however, preclude the treatment of multiple requests from multiple individuals as the same request. As stated in my notice of 24 June, section 24 the Freedom of Information Act 1982 (FOI Act) does not require the requests to be made from the same applicant. It should also be noted that, even if there was an inconsistency between the FOI Guidelines and the FOI Act, the FOI Act would take precedence over the FOI Guidelines.

These are requests all from a single source, the department’s Compliance, Case Management, Detention and Settlement (CCMDS) portal, and all consist of incident reports and their attachments.

It therefore remains my view that the requests relate to subject matter that is substantially the same for each of the requests. The FOI Act does not require the subject matter to be identical, or for the documents in scope to be the same documents, rather the test employed is that the subject matter is substantially the same. Although the requests were for unique incidents the subject matter, namely ‘incidents in detention’, is substantially the same.

I note your comment that I have estimated that the time required to deal with your request would be three hours. My notice of 24 June advised that, based on the department’s previous experience, assessing incident detail reports and their attachments would take an average of three hours per report. I have not quantified the time required just for your request.

I note also your advice that you do not intend to vary or revise your request further. As stated in my notice of 24 June, I require agreement from each of the applicants in order to accept a position, including that of not wishing to revise the scope of the request. To simplify this process, you may wish to appoint (or nominate yourself as) a representative to take part in consultation with the department. I note that we require that each individual contact the department to nominate a representative rather than a representative appointing him/herself. A lack of response from any of the applicants by the required date will result in the request being deemed withdrawn under s.24AB(7) of the FOI Act.

If you are not happy with the department’s handling of the request you may make a complaint to the Office of the Australian Information Commissioner. Details of how to do this are in the notice you received and are also available from www.oaic.gov.au.

Regards

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

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From: Peter Kunzli

Delivered

Dear Ms Rossiter,

I am afraid that I disagree completely with your erroneous assertion that all these requests can be treated as one.

I know you wish to deter people from receiving information from your department as you have a lot to hide.

Please release the information I have requested forthwith.

Regards

Peter Kunzli

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From: FOI


Attachment Deemed withdrawn notice.pdf
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UNCLASSIFIED

 

Dear Mr Kunzli

 

Please see the attached notice.

 

Regards

 

Linda Rossiter
Director

FOI and Privacy Policy   
Department of Immigration and Citizenship

 

 

UNCLASSIFIED

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Things to do with this request

Anyone:
Department of Immigration and Border Protection only: