List of carriers submitting IC plans

G King made this Freedom of Information request to Attorney-General's Department

The request was refused by Attorney-General's Department.

From: G King

Delivered

Dear Attorney-General's Department,

This is an application for the purposes of the FOI Act.

I am seeking access to a list of all carriers and nominated carriage service providers who have submitted interception capability plans (IC plans) to the Communications Access Co‑ordinator under Part 5‑4 of the
Telecommunications (Interception and Access) Act 1979.

To clarify, I am seeking just the organisation/trading names and NOT the contents of the actual IC plans.

Yours faithfully,

G King

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From: FOI Requests
Attorney-General's Department

Thank you for your email. This is an automated response to advise you that
your email has been received by the Attorney-General's Department's FOI
Coordinator.

 

If you wish to lodge a request for access to documents under the Freedom
of Information Act 1982 (FOI Act), please ensure that your request is in
writing, states that it is an application for the purposes of the FOI Act
and provides sufficient detail describing the documents you wish to
access. The FOI Coordinator will acknowledge your request within 14 days.

 

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From: FOI Requests
Attorney-General's Department

UNCLASSIFIED
13/15758

25 September 2013

Mr G King
[FOI #408 email]

Dear Mr King
Freedom of Information Request no. FOI13/160

I refer to your request for access to documents relating to interception capability plans (IC plans) under the Freedom of Information Act 1982. I have taken your request to be for:

I am seeking access to a list of all carriers and nominated
carriage service providers who have submitted interception
capability plans (IC plans) to the Communications Access
Coordinator under Part 5‑4 of the
Telecommunications (Interception and Access) Act 1979.

We received your request on 19 September 2013 and the 30 day statutory period for processing your request commenced from the day after that date. You should therefore expect a decision from us by 21 October 2013 The period of 30 days may be extended if we need to consult third parties or for other reasons. We will advise you if this happens.

Please note that information released under the FOI Act may later be published online on our disclosure log http://www.ag.gov.au/RightsAndProtection..., subject to certain exceptions. (For example, personal information will not be published where this would be unreasonable.)

We will contact you using the email you provided. Please advise if you would prefer us to use an alternative means of contact. If you have any questions, please contact the foi section by email [AGD request email].

Kind Regards

FOI Contact Officer

Freedom of Information and Privacy Section | Office of Corporate Counsel Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
Email: [AGD request email]

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From: FOI Requests
Attorney-General's Department

Sensitive: Legal

Dear Mr King,

 

Freedom of Information Request no. FOI13/160

 

I refer to your request for access to a list of all carriers and nominated
carriage service providers who have submitted interception capability
plans (IC plans) to the Communications Access Coordinator under Part 5‑4
of the Telecommunications (Interception and Access) Act 1979.

 

As your request covers documents which contain information concerning the
business affairs of an organisation, the Department is required to consult
with the person or organisation concerned (under section 27 of the FOI
Act) before making a decision on the release of those documents.

 

For this reason the period for processing your request has been extended
by 30 days in order to allow our agency time to consult with that person
or organisation (section 15(6) of the FOI Act). The processing period for
your request will now end on 20 November 2013.

 

The consultation mechanism under section 27 applies when we believe the
organisation concerned may wish to contend that the requested documents
are exempt because their release would disclose trade secrets or
commercially valuable information or may adversely affect their business
or financial affairs. We will take into account any comments we receive
from the person or organisation but the final decision about whether to
grant you access to the documents you requested rests with this
Department.

 

More information about exemptions under the FOI Act is available in Fact
Sheet 8 on the Office of the Australian Information Commissioner’s
website:
[1]http://www.oaic.gov.au/freedom-of-inform....

 

Yours sincerely

FOI Contact Officer

Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600

Email: [AGD request email]

 

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This email  may be protected by legal professional privilege.

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From: G King

Delivered

Dear FOI Requests,

I'm assuming this consultation process hasn't been deemed necessary due to disclosure of trade secrets or commercially valuable information.

Therefore, may I enquire how being designated a carrier or carriage service provider (for the purposes of the TIA act) could possibly have an adverse affect on that organisation?

Yours sincerely,

G King

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From: FOI Requests
Attorney-General's Department

Sensitive: Legal
Dear Mr King,

Thank you for your email.

Under the Freedom of Information Act 1982 (FOI Act), where a document includes business information relating to an organisation, an agency should give that third party organisation a reasonable opportunity to make a submission that the document should be exempt from disclosure under s 47 FOI Act (trade secrets) or conditionally exempt under s47G FOI Act (public interest conditional exemptions—business) and that disclosure would be contrary to the public interest, before making a decision to give access (s 27 FOI Act).

The Guidelines of the Office of the Australian Information Commissioner note at Part 6.182 that "agencies and ministers should generally start from the position that a third party might reasonably wish to make a submission." The reason behind this strong preference for consultation is that "the third party may bring to the agency or minister's attention sensitivities that may not otherwise have been apparent."

If consultation determines that releasing the document would disclose trade secrets, commercially valuable information or may adversely affect their business or financial affairs, this will be identified and explained within the decision-letter.

Please don't hesitate to contact us if you require further clarification.

Kind Regards,
FOI Case Officer

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From: FOI Requests
Attorney-General's Department


Attachment Signed Decision Letter 20 November 2013.pdf
2.6M Download View as HTML


For Official Use Only

Dear Mr G King,

 

I refer to your request under the Freedom of Information Act 1982 for:

“a list of all carriers and nominated carriage service providers who have
submitted interception capability plans (IC plans) to the Communications
Access Co‑ordinator under Part 5‑4 of the Telecommunications (Interception
and Access) Act 1979.”

 

Please find attached the decision letter from the Department in respect of
your request. If you have any questions in relation to this decision,
please do not hesitate to contact us.

 

Kind Regards,

FOI Contact Office

FOI & Privacy Section

Attorney-General’s Department

 

                                                                                                                               

 

Dear Attorney-General's Department,

    

     This is an application for the purposes of the FOI Act.

    

     I am seeking access to a list of all carriers and nominated

     carriage service providers who have submitted interception

     capability plans (IC plans) to the Communications Access

     Co‑ordinator under Part 5‑4 of the

     Telecommunications (Interception and Access) Act 1979.

    

     To clarify, I am seeking just the organisation/trading names and

     NOT the contents of the actual IC plans.

    

     Yours faithfully,

    

     G King

    

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

    

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