Dear Snehan,

Please see the attached correspondence in relation to your request for documents under the Freedom of Information Act 1982 (Cth).

Kind regards,

Rubi

Rubi Simm
FOI Coordinator
Legal Services ACT
P: 02 6268 7587
E: [email address]  
Follow us:    

The ACIC acknowledges the traditional custodians and we pay our respects to Elders past, present and future. We recognise and celebrate their culture, connection to land, water and community.

-----Original Message-----
From: Snehan Kekre [mailto:[FOI #4610 email]]
Sent: Monday, 28 May 2018 8:13 PM
To: foi
Subject: Freedom of Information request - Information on Wikileaks, its Australian staff, and Julian Assange.

Dear Australian Crime Commission,

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://scanmail.trustwave.com/?c=1460&a...

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

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #4610 email]

Is [ACC request email] the wrong address for Freedom of Information requests to Australian Crime Commission? If so, please contact us using this form:
https://scanmail.trustwave.com/?c=1460&a...

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://scanmail.trustwave.com/?c=1460&a...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

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######################################################################

hide quoted sections

Good afternoon Mr Kekre,

 

I am writing in relation to your two recent requests to the Australian
Criminal Intelligence Commission (ACIC) for access to documents under the
Freedom of Information Act 1982 (Cth) (‘the FOI Act’). I acknowledge a
decision on the first of your requests was due to be provided to you on or
before Wednesday 27 June 2018, and I apologise for our inability to
provide a decision to you by that date.

 

I have taken carriage of your requests, and am writing to seek your
clarification of the scope of the first of your two requests, as revised,
and your views on our combining your two requests and seeking an extension
to the due date for the combined request from 27 June 2018 (when a
decision on the first of your requests was due to be provided to you) to
20 July 2018 from the Information Commissioner.

 

Clarification and combination of requests

 

On 28 May 2018 you submitted a request under the FOI Act (our reference
FOI 18-36) for access 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.

 

We acknowledged receipt of that request on 29 May 2018. On 8 June 2018,
you wrote to us advising:

 

I would be happy to limit the scope of my request to all briefings,
communications, forms, reports, documents or media by ACIC personnel with
government officials of the United States, the United Kingdom, Australia,
Sweden and Ecuador, mentioning or regarding the not-for-profit media
organization Wikileaks and its Australian staff, including but not limited
to Julian Assange, and excluding duplicates of documents and drafts. I
request documents created between May 2012 - June 2018.

 

Additionally, with the exception of Wikileaks staff and senior ACIC
officers, I would be happy to exclude the personal information of any
individuals contained in the documents from the scope of my request.
Further, I wish to exclude documents which are already publicly known or
publicly accessible.

 

On 31 May 2018 you submitted a further request under the FOI Act (our
reference FOI 18-39) for access to:

 

Documents authored by CrimTrac and received by CrimTrac mentioning or
regarding the not-for-profit media organization WikiLeaks or its
Australian staff, including but not limited to Julian Assange, and
excluding duplicates of documents and drafts. The specific time period I
am requesting for is January 2015 through May 2018.

 

Also, with the exception of WikiLeaks staff, I would be happy to exclude
the personal information of any individuals contained in the documents,
from the scope of my request. Additionally, I wish to exclude documents
which are already publicly known or accessible.

 

Noting the overlap between your two requests, we seek your views on our
combining them into a single request for access to:

 

All briefings, communications, forms, reports, documents or media reports
and releases created by ACIC personnel and sent to government officials of
the United States, the United Kingdom, Australia, Sweden and/or Ecuador
between May 2012 and June 2018; and all documents authored or received by
CrimTrac between January 2015 and May 2018, that mention or relate to the
not-for-profit media organisation WikiLeaks or its Australian staff,
including but not limited to Julian Assange.

 

This request excludes duplicates of documents and drafts, and the names
and contact details of persons mentioned in the documents within scope of
the request where the persons mentioned are not WikiLeaks staff or Senior
Executive Service level staff of the Australian Criminal Intelligence
Commission.

 

Please advise by return email whether we have correctly interpreted the
terms of your revised request (FOI 18-36), and let me know if you have any
concerns with the combination of the two requests for administrative
purposes.

 

Extension of time

 

I apologise once again for our inability to get a decision on your first
request, FOI 18-36, by the due date for that request on 27 June 2018. I
acknowledge that under section 15AC of the FOI Act the CEO of the ACIC is
now deemed to have made a decision refusing to give access to the
documents you sought.

 

Should you agree to the combination of your two requests, we intend to ask
the Information Commissioner for an extension of time to 20 July 2018 to
finalise the combined request.

 

If we proceed with processing the two requests separately, we intend to
seek extensions to that date for each request.

 

Please feel free to contact me on the details below if you have any
queries or concerns.

 

Many thanks,

 

Suzannah

 

Suzannah Ward
FOI Delegate
Legal Services ACT 
[1]cid:image001.png@01D3306D.813A81A0 E: [2][email address]

Follow us: 
[3]cid:image002.jpg@01D3306D.813A81A0  [4]cid:image003.jpg@01D3306D.813A81A0 [5]cid:image004.jpg@01D3306D.813A81A0

NOTE RE LEGAL PRIVILEGE: This message may contain legal advice and may be
the subject of a claim for legal professional privilege. Care should be
taken to avoid unintended waiver of that privilege. Unintended waiver can
occur if the existence or content of the advice is disclosed. If legal
professional privilege is waived, the whole of the legal advice may have
to be produced in litigation or under FOI. The author should be consulted
prior to any decision to disclose the existence or content of this advice
to a third party.

 

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the intended recipient you have received this message in error and any
use, copying, circulation, forwarding, printing or publication of this
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ACIC Web Site: [6]www.acic.gov.au

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hide quoted sections

Good afternoon Mr Kekre

 

I note we have not received a response from you in relation to our below
email.

As we have not heard from you, the ACIC intends to continue to process
your FOI matters as two separate requests. The ACIC is now in deemed
refusal for both FOI requests 18-36 and 18-39. I intend to write to the
Office of the Australian Information Commissioner seeking an extension of
time until Wednesday 5 September 2018 to allow us to finalise your
matters.

 

Should you have any issues, please feel free to contact me on the details
below.

 

Kind regards

 

Shelby Simadas
FOI Coordinator
Legal Services ACT 
[1]cid:image001.png@01D3306D.813A81A0 E: [2][email address]

Follow us: 
[3]cid:image002.jpg@01D3306D.813A81A0  [4]cid:image003.jpg@01D3306D.813A81A0

 

The ACIC acknowledges the
traditional custodians and we pay
our respects to Elders past, present [5]cid:image006.png@01D3E3AB.09F859E0
and future. We recognise and
celebrate their culture, connection
to land, water and community.

 

 

From: foi
Sent: Friday, 29 June 2018 3:06 PM
To: '[FOI #4610 email]'
<[FOI #4610 email]>
Cc: foi <[ACC request email]>
Subject: FOI requests 18-36 and 18-39 [SEC=UNCLASSIFIED]

 

Good afternoon Mr Kekre,

 

I am writing in relation to your two recent requests to the Australian
Criminal Intelligence Commission (ACIC) for access to documents under the
Freedom of Information Act 1982 (Cth) (‘the FOI Act’). I acknowledge a
decision on the first of your requests was due to be provided to you on or
before Wednesday 27 June 2018, and I apologise for our inability to
provide a decision to you by that date.

 

I have taken carriage of your requests, and am writing to seek your
clarification of the scope of the first of your two requests, as revised,
and your views on our combining your two requests and seeking an extension
to the due date for the combined request from 27 June 2018 (when a
decision on the first of your requests was due to be provided to you) to
20 July 2018 from the Information Commissioner.

 

Clarification and combination of requests

 

On 28 May 2018 you submitted a request under the FOI Act (our reference
FOI 18-36) for access 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.

 

We acknowledged receipt of that request on 29 May 2018. On 8 June 2018,
you wrote to us advising:

 

I would be happy to limit the scope of my request to all briefings,
communications, forms, reports, documents or media by ACIC personnel with
government officials of the United States, the United Kingdom, Australia,
Sweden and Ecuador, mentioning or regarding the not-for-profit media
organization Wikileaks and its Australian staff, including but not limited
to Julian Assange, and excluding duplicates of documents and drafts. I
request documents created between May 2012 - June 2018.

 

Additionally, with the exception of Wikileaks staff and senior ACIC
officers, I would be happy to exclude the personal information of any
individuals contained in the documents from the scope of my request.
Further, I wish to exclude documents which are already publicly known or
publicly accessible.

 

On 31 May 2018 you submitted a further request under the FOI Act (our
reference FOI 18-39) for access to:

 

Documents authored by CrimTrac and received by CrimTrac mentioning or
regarding the not-for-profit media organization WikiLeaks or its
Australian staff, including but not limited to Julian Assange, and
excluding duplicates of documents and drafts. The specific time period I
am requesting for is January 2015 through May 2018.

 

Also, with the exception of WikiLeaks staff, I would be happy to exclude
the personal information of any individuals contained in the documents,
from the scope of my request. Additionally, I wish to exclude documents
which are already publicly known or accessible.

 

Noting the overlap between your two requests, we seek your views on our
combining them into a single request for access to:

 

All briefings, communications, forms, reports, documents or media reports
and releases created by ACIC personnel and sent to government officials of
the United States, the United Kingdom, Australia, Sweden and/or Ecuador
between May 2012 and June 2018; and all documents authored or received by
CrimTrac between January 2015 and May 2018, that mention or relate to the
not-for-profit media organisation WikiLeaks or its Australian staff,
including but not limited to Julian Assange.

 

This request excludes duplicates of documents and drafts, and the names
and contact details of persons mentioned in the documents within scope of
the request where the persons mentioned are not WikiLeaks staff or Senior
Executive Service level staff of the Australian Criminal Intelligence
Commission.

 

Please advise by return email whether we have correctly interpreted the
terms of your revised request (FOI 18-36), and let me know if you have any
concerns with the combination of the two requests for administrative
purposes.

 

Extension of time

 

I apologise once again for our inability to get a decision on your first
request, FOI 18-36, by the due date for that request on 27 June 2018. I
acknowledge that under section 15AC of the FOI Act the CEO of the ACIC is
now deemed to have made a decision refusing to give access to the
documents you sought.

 

Should you agree to the combination of your two requests, we intend to ask
the Information Commissioner for an extension of time to 20 July 2018 to
finalise the combined request.

 

If we proceed with processing the two requests separately, we intend to
seek extensions to that date for each request.

 

Please feel free to contact me on the details below if you have any
queries or concerns.

 

Many thanks,

 

Suzannah

 

Suzannah Ward
FOI Delegate
Legal Services ACT 
[6]cid:image001.png@01D3306D.813A81A0 E: [7][email address]

Follow us: 
[8]cid:image002.jpg@01D3306D.813A81A0  [9]cid:image003.jpg@01D3306D.813A81A0 [10]cid:image004.jpg@01D3306D.813A81A0

NOTE RE LEGAL PRIVILEGE: This message may contain legal advice and may be
the subject of a claim for legal professional privilege. Care should be
taken to avoid unintended waiver of that privilege. Unintended waiver can
occur if the existence or content of the advice is disclosed. If legal
professional privilege is waived, the whole of the legal advice may have
to be produced in litigation or under FOI. The author should be consulted
prior to any decision to disclose the existence or content of this advice
to a third party.

 

--------------------------------------------------------------------------

Warning

This email message and any attached files may contain information that is
confidential and/or privileged. They are intended only for use by the
individual or entity to whom they are addressed. If you are not the
intended recipient or the person responsible for delivering the message to
the intended recipient you have received this message in error and any
use, copying, circulation, forwarding, printing or publication of this
message or attached files is strictly forbidden, as is the disclosure of
the information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your Inbox.

ACIC Web Site: [11]www.acic.gov.au

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References

Visible links
2. mailto:[email address]
3. https://www.facebook.com/acic
4. https://twitter.com/ACICgovau
7. mailto:[email address]
8. https://www.facebook.com/acic
9. https://twitter.com/ACICgovau
10. https://www.youtube.com/channel/UCqD_JwF...
11. http://www.acic.gov.au/

hide quoted sections

Our reference: RQ18/02320

Agency reference: FOI 18-36

Mr Snehan Kekre

By email: [FOI #4610 email]

Extension of time request under s15AC

Dear Mr Kekre

On 14 August 2018, the Australian Criminal Intelligence Commission (the
ACIC) applied for further time to make a decision on your FOI request of
28 May 2018.

Section 15AC of the Freedom of Information Act 1982 (Cth) (the FOI Act)
allows the Information Commissioner to extend the processing time for an
FOI request where the initial decision period has ended and the agency or
Minister has not provided the applicant with notice of a decision. The
ACIC has advised this office they have not made a decision in the
statutory time period. The FOI Act deems that your request has been
refused.

As a delegate of the Information Commissioner, I am authorised to make
decisions on applications for extensions of time under s 15AC(5) of the
FOI Act. I have decided to grant the ACIC an extension of time to 5
September 2018 to process your request.

This extension of time under s15AC of the FOI Act means that the deemed
refusal is taken never to have applied if the ACIC makes a decision on
your request by 5 September 2018.

Such an extension can only be granted once and cannot be extended by a
variation. This extension of time under s15AC of the FOI Act means the
ACIC cannot reimpose a charge.

If you would like to discuss this matter I can be contacted on 02 9284
9745 or email [email address]. Please quote the reference number
RQ18/02320.

Yours sincerely

Carl English | Assistant Review and Investigation Officer | Freedom of
Information Dispute Resolution

Office of the Australian Information Commissioner

GPO Box 5218 SYDNEY NSW 2001| [1]www.oaic.gov.au

Phone:  +61 2 9284 9745 | E-mail: [email address]

 

 

 

***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
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References

Visible links
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hide quoted sections

Our reference: RQ18/02321

Agency reference: FOI 18-39

 

Mr Snehan Kekre

By email: [1][FOI #4610 email]

Extension of time under s15AC

Dear Mr Kekre

On 14 August 2018, the Australian Criminal Intelligence Commission (the
ACIC) applied for further time to make a decision on your FOI request of
4 June 2018.

Section 15AC of the Freedom of Information Act 1982 (Cth) (the FOI Act)
allows the Information Commissioner to extend the processing time for an
FOI request where the initial decision period has ended and the agency or
Minister has not provided the applicant with notice of a decision. The
ACIC has advised this office they have not made a decision in the
statutory time period. The FOI Act deems that your request has been
refused.

As a delegate of the Information Commissioner, I am authorised to make
decisions on applications for extensions of time under s 15AC(5) of the
FOI Act. I have decided to grant the ACIC an extension of time to 5
September 2018 to process your request.

This extension of time under s15AC of the FOI Act means that the deemed
refusal is taken never to have applied if the ACIC makes a decision on
your request by 5 September 2018.

Such an extension can only be granted once and cannot be extended by a
variation. This extension of time under s15AC of the FOI Act means the
ACIC cannot reimpose a charge.

If you would like to discuss this matter I can be contacted on 02 9284
9745 or email [2][email address]. Please quote the reference
number RQ18/02321.

 

Yours sincerely

 

Carl English | Assistant Review and Investigation Officer | Freedom of
Information Dispute Resolution

Office of the Australian Information Commissioner

GPO Box 5218 SYDNEY NSW 2001| [3]www.oaic.gov.au

Phone:  +61 2 9284 9745 | E-mail: [email address]

 

 

 

***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
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References

Visible links
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2. mailto:[email address]
3. http://www.oaic.gov.au/

hide quoted sections