Information on Wikileaks, its Australian staff, and Julian Assange.

Snehan Kekre made this Freedom of Information request to Defence Intelligence Organisation

The request was refused by Defence Intelligence Organisation.

From: Snehan Kekre

Delivered

Dear Defence Intelligence Organisation,

I hereby request access, under the Freedom of Information Act 1982, to:

Copies of all briefings, communications, forms, reports, documents or notes mentioning or regarding the not-for-profit media organization WikiLeaks or its Australian staff, including but not limited to Julian Assange.

For reference, I have included a link to the WikiLeaks website:

https://www.wikileaks.org

I request that all costs for all aspects of the processing of this request be waived on the grounds that the release of this information is in the public interest.

Yours faithfully,

Snehan Kekre

Link to this

From: FOI
Defence Intelligence Organisation

UNCLASSIFIED

***Please note resent because not visible on the RTK website***

 

 

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

From: FOI
Sent: Thursday, 31 May 2018 2:25 PM
To: '[FOI #4606 email]'
Subject: 180531 1425 -
[FOI]-['[FOI #4606 email]'] Freedom of
Information request - Information on Wikileaks, its Australian staff, and
Julian Assange.

 

UNCLASSIFIED

Good afternoon Mr Kekre,

 

Thank you for your email. Unfortunately we are unable to process your
request as the Defence Intelligence Organisation is deemed to be an exempt
agency for the purposes of the Freedom of Information Act. As such any
documents that have originated or are received within this agency are
exempt. Could you please advise this office based on that information if
you are willing to withdraw your request.

 

Kind regards,

 

FOI Operations

Information Management Access

Governance and Reform Division

 

Department of Defence | CP1-6-001|

PO Box 7910 | CANBERRA BC ACT 2610

Ph:  02 6266 2200

email: [DIO request email]

 

 

 

show quoted sections

Link to this

From: FOI
Defence Intelligence Organisation

UNCLASSIFIED

Good morning Mr Kekre

 

Defence FOI note that the below two emails have not uploaded onto the
Right to Know website, Defence FOI wish to advise you;

 

Unfortunately we are unable to process your request as the Defence
Intelligence Organisation is deemed to be an exempt agency for the
purposes of the Freedom of Information Act 1982.

As such, any documents that have originated or are received within this
agency are deemed exempt under s7(2A)(a)(vi) [Exemptions of certain
persona and bodies] of the FOI Act.

 

Based on the above information, please advise this office at your earliest
convenience of your confirmation to withdraw your request.

 

Please contact our office if you have further questions or concerns.

 

 

Kind regards

FOI Officer

Freedom of Information

Governance and Reform Division

Department of Defence

CP1-6-008 | PO Box 7910 | Campbell Park  CANBERRA BC  ACT  2610

E-mail:   [1][email address]

Phone: 02 6266 2200

[2]http://www.defence.gov.au/FOI/privacy.asp

 

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

From: FOI
Sent: Friday, 1 June 2018 11:53 AM
To: '[FOI #4606 email]'
Subject: Freedom of Information request - Information on Wikileaks, its
Australian staff, and Julian Assange. [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

***Please note resent because not visible on the RTK website***

 

 

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

From: FOI
Sent: Thursday, 31 May 2018 2:25 PM
To: '[FOI #4606 email]'
Subject: 180531 1425 -
[FOI]-['[FOI #4606 email]'] Freedom of
Information request - Information on Wikileaks, its Australian staff, and
Julian Assange.

 

UNCLASSIFIED

Good afternoon Mr Kekre,

 

Thank you for your email. Unfortunately we are unable to process your
request as the Defence Intelligence Organisation is deemed to be an exempt
agency for the purposes of the Freedom of Information Act. As such any
documents that have originated or are received within this agency are
exempt. Could you please advise this office based on that information if
you are willing to withdraw your request.

 

Kind regards,

 

FOI Operations

Information Management Access

Governance and Reform Division

 

Department of Defence | CP1-6-001|

PO Box 7910 | CANBERRA BC ACT 2610

Ph:  02 6266 2200

email: [DIO request email]

 

 

 

show quoted sections

Link to this

From: FOI
Defence Intelligence Organisation

UNCLASSIFIED

Good afternoon Mr Kekre,

Thank you for your email. Unfortunately we are unable to process your
request as the Defence Intelligence Organisation is deemed to be an exempt
agency for the purposes of the Freedom of Information Act. As such any
documents that have originated or are received within this agency are
exempt. Could you please advise this office based on that information if
you are willing to withdraw your request.

Kind regards,

 

FOI Operations

Information Management Access

Governance and Reform Division

 

Department of Defence | CP1-6-001|

PO Box 7910 | CANBERRA BC ACT 2610

Ph:  02 6266 2200

email: [DIO request email]

 

 

 

show quoted sections

Link to this

From: FOI
Defence Intelligence Organisation

UNCLASSIFIED

Thank you for emailing the Department of Defence (Defence) Freedom of Information (FOI) inbox.
Your inquiry, should it be a request for access to documents under the Freedom of Information Act 1982 (FOI Act), will be considered and you will be advised the status of your inquiry by an FOI team member shortly. At this stage you inquiry has not been validated as a formal FOI request.
Proof of Identity
If you are requesting access to your personal documents please provide proof of your identity with your request. For example: Driver’s licence, passport or Defence ID.
Access to Service personal, health and psychology records In the first instance, you should seek access to your Service personal, health and psychology records via administrative means – this applies to current and ex-serving members. More information can be found here http://www.defence.gov.au/Records/

Response due date
If your inquiry is deemed a valid FOI request, it will be processed in accordance with the timeframes outlined in the FOI Act.
In accordance with the FOI Guidelines issued by the Australian Information Commissioner, if the last day for notifying a decision falls on a Saturday, Sunday or a public holiday, the statutory timeframe will expire on the first day following which is none of those days.
If you request is received outside of normal business hours, it will be actioned the following weekday.

Exclusion Clause
Should your request be deemed valid, Defence excludes personal email addresses, signatures, personnel (PMKeyS) numbers and mobile telephone numbers contained in documents that fall within the scope of an FOI request, unless you specifically request such details. Defence also excludes duplicates of documents and documents sent to or from you. Furthermore, Defence only considers final versions of document.
If you do require these details, please inform us within five days of receipt of this email.
Charges
If you are requesting documents that relate to your own personal information, no charges will be applied to your request. In accordance with section 29 of the FOI Act, all other requests may attract processing charges and you will be advised accordingly.
Should you have any questions relating to your FOI inquiry, please do not hesitate to contact our office via email to [email address]

Freedom of Information
Governance and Reform Division
Department of Defence
CP1-6-008 | PO Box 7910 | Campbell Park CANBERRA BC ACT 2610
E-mail: [email address]
Phone: 02 6266 2200
http://www.defence.gov.au/FOI/privacy.asp

show quoted sections

Link to this

From: Davidson, Melissa MRS
Defence Intelligence Organisation

UNCLASSIFIED

Dear Mr Kekre

 

Unfortunately Defence FOI is experiencing technical issues with sending
emails to the Right to Know website.

 

As per the email trail below we have tried on three occasions to provide
you with advice on your FOI inquiry with no apparent success.

 

Please be advised that the Defence Intelligence Organisation is deemed to
be an exempt agency for the purposes of the Freedom of Information Act
1982.

As such, any documents that have originated or are received within this
agency are deemed exempt under s7(2A)(a)(vi) [Exemptions of certain
persons and bodies] of the FOI Act.

 

Based on the above information, please advise this office at your earliest
convenience of your confirmation to withdraw your request.

 

Please contact our office if you have further questions or concerns.

 

Melissa Davidson

Assistant Director – Freedom of Information

Enterprise Reform Branch

Governance and Reform Division

 

Department of Defence | CP1-6-008|

PO Box 7910 | CANBERRA BC ACT 2610
Ph:  02 626 62200
Fax: 02 626 62112

email: [1][DIO request email]

 

[2]http://www.defence.gov.au/FOI/privacy.asp

 

 

From: FOI
Sent: Monday, 4 June 2018 11:53 AM
To: '[FOI #4606 email]'
Subject: RE: Freedom of Information request - Information on Wikileaks,
its Australian staff, and Julian Assange. [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

Good morning Mr Kekre

 

Defence FOI note that the below two emails have not uploaded onto the
Right to Know website, Defence FOI wish to advise you;

 

Unfortunately we are unable to process your request as the Defence
Intelligence Organisation is deemed to be an exempt agency for the
purposes of the Freedom of Information Act 1982.

As such, any documents that have originated or are received within this
agency are deemed exempt under s7(2A)(a)(vi) [Exemptions of certain
persona and bodies] of the FOI Act.

 

Based on the above information, please advise this office at your earliest
convenience of your confirmation to withdraw your request.

 

Please contact our office if you have further questions or concerns.

 

 

Kind regards

FOI Officer

Freedom of Information

Governance and Reform Division

Department of Defence

CP1-6-008 | PO Box 7910 | Campbell Park  CANBERRA BC  ACT  2610

E-mail:   [3][email address]

Phone: 02 6266 2200

[4]http://www.defence.gov.au/FOI/privacy.asp

 

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

From: FOI
Sent: Friday, 1 June 2018 11:53 AM
To: '[FOI #4606 email]'
Subject: Freedom of Information request - Information on Wikileaks, its
Australian staff, and Julian Assange. [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

***Please note resent because not visible on the RTK website***

 

 

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

From: FOI
Sent: Thursday, 31 May 2018 2:25 PM
To: '[FOI #4606 email]'
Subject: 180531 1425 -
[FOI]-['[FOI #4606 email]'] Freedom of
Information request - Information on Wikileaks, its Australian staff, and
Julian Assange.

 

UNCLASSIFIED

Good afternoon Mr Kekre,

 

Thank you for your email. Unfortunately we are unable to process your
request as the Defence Intelligence Organisation is deemed to be an exempt
agency for the purposes of the Freedom of Information Act. As such any
documents that have originated or are received within this agency are
exempt. Could you please advise this office based on that information if
you are willing to withdraw your request.

 

Kind regards,

 

FOI Operations

Information Management Access

Governance and Reform Division

 

Department of Defence | CP1-6-001|

PO Box 7910 | CANBERRA BC ACT 2610

Ph:  02 6266 2200

email: [DIO request email]

 

 

 

show quoted sections

Link to this

From: FOI
Defence Intelligence Organisation


Attachment FOI Your Review Rights.pdf
172K Download View as HTML

Attachment FOI 512 17 18 SOR.PDF.pdf
109K Download View as HTML


UNCLASSIFIED

Good afternoon Mr Kekre,

Please find attached the Statement of Reasons relating to FOI 512/17/18.

Rights of Review

Under the provisions of section 54 of the FOI Act, you are entitled to
request a review of this decision. Your review rights are attached.

 

Should you have any questions in regard to this matter please contact this
office.

 

Kind regards,

 

Freedom of Information

Governance and Reform Division

Department of Defence

PO Box 7910 | Campbell Park  CANBERRA BC  ACT  2610

E-mail:   [1][email address]

Phone: 02 6266 2200

[2]http://www.defence.gov.au/FOI/privacy.asp 

 

 

 

 

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

References

Visible links
1. mailto:[email address]
2. http://www.defence.gov.au/FOI/privacy.asp
file:///tmp/blocked::http:/www.defence.gov.au/FOI/privacy.asp

Link to this

Locutus Sum left an annotation ()

The request was refused for the reason correctly said in the attached statement of reasons: The agency is exempt from the operation of the FOI Act. The email body states the reason incorrectly: "The agency is deemed to be exempt from the operation of the Act". That is wrong. It is exempt; it is not deemed to be exempt. There is an important difference. When you are asked by an agency to consult with them about some FOI matters and then you do not consult, you are deemed to have withdrawn the application even though you did not really withdraw it. What this means is that the law will pretend that one thing is the case (application withdrawn) even though another thing actually is the case (you maybe did not consult with the agency in the way they required). But with the issue of whether the Defence Intelligence Organization is exempt from the operation of the FOI there is no pretending. It is exempt. Section 7 of the Act says so.

Link to this

Things to do with this request

Anyone:
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