Legal protection for Whistleblowers

Rickie Hardiman made this Freedom of Information request to Department of Home Affairs

The request was refused by Department of Home Affairs.

From: Rickie Hardiman

Delivered

Dear Department of Home Affairs,
I request information on the legal protection offered to whistleblowers in Australia.

Yours faithfully,

Rickie Hardiman

Link to this

From: FOI
Department of Home Affairs

** This is an automated response. Please do not reply to this email **

IMPORTANT INFORMATION

UPDATED: 17 March 2020

COVID-19 (Corona Virus) has been declared a pandemic by the World Health
Organisation ([1]link). As the Department focuses its efforts on managing
the impact of COVID-19 on its critical services and employees, other
non-critical services may not be delivered within expected timeframes. We
apologise for the inconvenience and appreciate your patience during this
period.

show quoted sections

Link to this

From: Rickie Hardiman

Delivered

Dear Department of Home Affairs,

I await the information that I requested

Yours faithfully,

Rickie Hardiman

Link to this

From: FOI
Department of Home Affairs

** This is an automated response. Please do not reply to this email **

IMPORTANT INFORMATION

UPDATED: 17 March 2020

COVID-19 (Corona Virus) has been declared a pandemic by the World Health
Organisation ([1]link). As the Department focuses its efforts on managing
the impact of COVID-19 on its critical services and employees, other
non-critical services may not be delivered within expected timeframes. We
apologise for the inconvenience and appreciate your patience during this
period.

show quoted sections

Link to this

From: FOI
Department of Home Affairs

UNCLASSIFIED

Rickie Hardiman

BY EMAIL: [1][FOI #6301 email]

BY EMAIL: [2][email address]

 

In reply please quote:

FOI Request:       FA 20/04/00959

FOI Request:       FA 20/04/00960

Dear Rickie Hardiman,

I refer to your email dated 21 April 2020 in which you request access to
information held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

I am writing to tell you that your request is not valid for the purposes
of section 15(2)(b) of the FOI Act, and to provide you with an opportunity
to revise your request so that it is a valid request. This is called a
‘request consultation process’. You have 14 days to respond to this notice
in one of the ways set out below.

 

Scope of Request

You have requested access to the following:

 

FA 20/04/00959:

I request information on the legislation regarding ABC journalists
information taken by AFP

 

FA 20/04/00960:

I request information on the legal protection offered to whistleblowers in
Australia.

Power to refuse request

Section 24 of the FOI Act provides that if the Department is satisfied
that a practical refusal reason exists in relation to a request, the
Department must undertake a consultation process with you, and if, after
that consultation process, the Department remains satisfied that the
practical refusal reason still exists, the Department may refuse to give
you access to the documents subject to the request.

Practical refusal

A practical refusal reason exists if either (or both) of the following
applies:

(a)          the work involved in the processing of the request would
substantially and unreasonably divert the resources of the Department from
its other operations

(b)          the request does not satisfy the requirement in section
15(2)(b) of the FOI Act, which requires you to provide such information
concerning the document you are seeking access to, to enable the Department
to be able to identify it.

Reasons for practical refusal

I do not consider that your request satisfies the requirements of section
15(2)(b) of the FOI Act.

In order for your request to be valid for the purposes of the FOI Act, it
must provide such information concerning the documents that you are
seeking access to, as is reasonably necessary to enable the Department to
identify the documents.

Given the broad nature of the activities undertaken by the Department, I
do not consider that you have provided a reasonable description of the
documents to which you are seeking access to.

As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request. You have not provided sufficient
information concerning the document you are seeking to access, to enable
the Department to be able to identify it.

Request Consultation Process

To enable the Department to consider your request for access under the FOI
Act, the Department will require sufficient information concerning the
specific existing documents you are seeking access to, so as to enable the
Department to identify those documents. 

You do not necessarily need to be able to identify the exact document you
are seeking, but you need to provide the Department with sufficient
information to enable us to identify it. Given the very broad nature of
the functions that this Department has responsibility for, at a very
minimum, we will require advice as to which business areas might hold the
documents you are seeking to access. A copy of the Department’s
organisation chart is available on the Department’s website [3]here which
may assist you with this.

In addition, you may wish to consider providing a timeframe for your
request to assist the Department’s officers to reasonably be able to
identify the documents you are seeking to access.

You now have an opportunity to revise your request to enable it to
proceed.

Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation,
you have 14 days to do one of the following:

·         withdraw your request;

·         make a revised request;

·         indicate that you do not wish to revise your request.

If you do not do one of the three things listed above during the
consultation period (14 days) or you do not consult the contact person
listed below during this period, the Department will take no further
action with your request.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact the FOI section at
[DIBP request email].

 

 

Position number: 00011450

FOI Officer

Freedom of Information Section

FOI and Records Management Branch

Data Division | Corporate and Enabling Group

Department of Home Affairs

 

UNCLASSIFIED

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. 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. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[FOI #6301 email]
2. mailto:[email address]
3. https://www.homeaffairs.gov.au/about-us-...

Link to this

From: FOI
Department of Home Affairs

UNCLASSIFIED

Rickie Hardiman

BY EMAIL: [1][FOI #6301 email]

BY EMAIL: [2][email address]

 

In reply please quote:

FOI Request:       FA 20/04/00959

FOI Request:       FA 20/04/00960

Dear Rickie Hardiman,

I refer to your email dated 21 April 2020 in which you request access to
information held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

I am writing to tell you that your request is not valid for the purposes
of section 15(2)(b) of the FOI Act, and to provide you with an opportunity
to revise your request so that it is a valid request. This is called a
‘request consultation process’. You have 14 days to respond to this notice
in one of the ways set out below.

 

Scope of Request

You have requested access to the following:

 

FA 20/04/00959:

I request information on the legislation regarding ABC journalists
information taken by AFP

 

FA 20/04/00960:

I request information on the legal protection offered to whistleblowers in
Australia.

Power to refuse request

Section 24 of the FOI Act provides that if the Department is satisfied
that a practical refusal reason exists in relation to a request, the
Department must undertake a consultation process with you, and if, after
that consultation process, the Department remains satisfied that the
practical refusal reason still exists, the Department may refuse to give
you access to the documents subject to the request.

Practical refusal

A practical refusal reason exists if either (or both) of the following
applies:

(a)          the work involved in the processing of the request would
substantially and unreasonably divert the resources of the Department from
its other operations

(b)          the request does not satisfy the requirement in section
15(2)(b) of the FOI Act, which requires you to provide such information
concerning the document you are seeking access to, to enable the Department
to be able to identify it.

Reasons for practical refusal

I do not consider that your request satisfies the requirements of section
15(2)(b) of the FOI Act.

In order for your request to be valid for the purposes of the FOI Act, it
must provide such information concerning the documents that you are
seeking access to, as is reasonably necessary to enable the Department to
identify the documents.

Given the broad nature of the activities undertaken by the Department, I
do not consider that you have provided a reasonable description of the
documents to which you are seeking access to.

As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request. You have not provided sufficient
information concerning the document you are seeking to access, to enable
the Department to be able to identify it.

Request Consultation Process

To enable the Department to consider your request for access under the FOI
Act, the Department will require sufficient information concerning the
specific existing documents you are seeking access to, so as to enable the
Department to identify those documents. 

You do not necessarily need to be able to identify the exact document you
are seeking, but you need to provide the Department with sufficient
information to enable us to identify it. Given the very broad nature of
the functions that this Department has responsibility for, at a very
minimum, we will require advice as to which business areas might hold the
documents you are seeking to access. A copy of the Department’s
organisation chart is available on the Department’s website [3]here which
may assist you with this.

In addition, you may wish to consider providing a timeframe for your
request to assist the Department’s officers to reasonably be able to
identify the documents you are seeking to access.

You now have an opportunity to revise your request to enable it to
proceed.

Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation,
you have 14 days to do one of the following:

·         withdraw your request;

·         make a revised request;

·         indicate that you do not wish to revise your request.

If you do not do one of the three things listed above during the
consultation period (14 days) or you do not consult the contact person
listed below during this period, the Department will take no further
action with your request.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact the FOI section at
[DIBP request email].

 

 

Position number: 00011450

FOI Officer

Freedom of Information Section

FOI and Records Management Branch

Data Division | Corporate and Enabling Group

Department of Home Affairs

 

UNCLASSIFIED

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. 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. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[FOI #6301 email]
2. mailto:[email address]
3. https://www.homeaffairs.gov.au/about-us-...

Link to this

Things to do with this request

Anyone:
Department of Home Affairs only: