OAIC documents held regarding FOI request to the AFP

CD made this Freedom of Information request to Office of the Australian Information Commissioner

The request was successful.

From: CD

Delivered

Dear Office of the Australian Information Commissioner,

I am writing to you today, under the Freedom of Information Act regarding a decision made by the OAIC on 24 October 2016 in regards to an FOI request being processed by the Australian Federal Police. It is my understanding that the OAIC has given the AFP a month extension to complete a decision on this particular FOI request.

The FOI request in question can be found here: https://www.righttoknow.org.au/request/c...

As the OAIC has made no attempt to make contact with myself regarding this decision, as is required under 15AB(3) of the FOI Act, I wish to make the following FOI request with the OAIC.

I hereby request, under the Freedom of Information Act, firstly; documents regarding the decision made by the OAIC regarding the granting of an extension to the AFP in the above FOI request.

Secondly, I request a full schedule of documents created by or held by the OAIC in regards to this particular FOI request being processed by the AFP.

Yours faithfully,

CD

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From: Amanda Nowland
Office of the Australian Information Commissioner

Our reference: FOIREQ16/00047

Dear CD

Freedom of Information Request no. 16/00047

I refer to your request for access to documents under the Freedom of
Information Act 1982. I have taken your request to be for:

 

documents regarding a decision made by the OAIC on 24 October in regards
to an FOI request being processed by the Australian Federal Police.

 

We received your request on 1 November 2016 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 1 December 2016. 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.

 

A schedule of documents relevant to your request will be made available as
part of the OAIC’s FOI decision.

 

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(For example, personal information will not be published where this would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

 

We will contact you using the email address and phone number you provided.
Please advise if you would prefer us to use an alternative means of
contact.

 

If you have any questions, please do not hesitate to contact me.

 

Your Sincerely,

Amanda Nowland | Deputy Director | Freedom of Information Dispute
Resolution

Office of the Australian Information Commissioner

Level 3, 175 Pitt Street, SYDNEY NSW 2000

GPO Box 5128 SYDNEY NSW 2001| [1]www.oaic.gov.au

Phone:  +61 2 9284 9646 | E-mail: [2][email address]

Please note, I work Mondays and Tuesdays.

 

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References

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1. http://www.oaic.gov.au/
2. mailto:[email address]

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From: Amanda Nowland
Office of the Australian Information Commissioner


Attachment Schedule A.pdf
80K Download View as HTML

Attachment FOI Documents.CD.pdf
1.8M Download View as HTML


Our reference: FOIREQ16/00047              

Dear CD

Outcome of your Freedom of Information request

I refer to your request for access to information under the Freedom of
Information Act 1982 (Cth) (the FOI Act).

You requested access to documents regarding a decision made by the OAIC on
24 October 2016 in regards to an FOI request being processed by the
Australian Federal Police.

I have decided to provide you access to all the documents that fall within
the scope of your request. The full list of documents is at Schedule A.
Please find the documents attached. 

If you disagree with my decision

Internal review

You have the right to apply for an internal review of my decision under
Part VI of the Act. An internal review will be conducted, to the extent
possible, by an officer of the Office of the Australian Information
Commissioner (OAIC) who was not involved in or consulted in the making of
my decision. If you wish to apply for an internal review, you must do so
in writing within 30 days. There is no application fee for internal
review.

If you wish to apply for an internal review, please mark your application
for the attention of the FOI Coordinator and state the grounds on which
you consider that my decision should be reviewed.

Further Review

You have the right to seek review of this decision by the Information
Commissioner and the Administrative Appeals Tribunal.

You may apply to the Information Commissioner for a review of my decision
(IC review). If you wish to apply for IC review, you must do so in writing
within 60 days. Your application must provide an address (including an
email address or fax number) that we can send notices to, and include a
copy of this letter. A request for IC review can be made in relation to my
decision, or an internal review decision.

It is the Information Commissioner’s view that it will usually not be in
the interests of the administration of the FOI Act to conduct an IC review
of a decision, or an internal review decision, made by the agency that the
Information Commissioner heads: the OAIC.  For this reason, if you make an
application for IC review of my decision, it is likely that the
Information Commissioner will decide (under section 54W(b) of the FOI Act)
not to undertake an IC review on the basis that it is desirable that my
decision be considered by the Administrative Appeals Tribunal.

Section 57A of the Act provides that, before you can apply to the
Administrative Appeals Tribunal for review of an FOI decision, you must
first have applied for IC review.

Complaints about the handling of FOI requests

If you are not satisfied with the way that your FOI request has been
handled, you can complain to the Information Commissioner or the
Commonwealth Ombudsman.

Should you choose to lodge a complaint with the Information Commissioner,
your matter will be dealt with by the FOI Complaints area, independently
of the FOI request or review process. You can address any complaint to the
Director of Dispute Resolution, FOI Complaints, or use the application
form available at [1]www.oaic.gov.au/about/contact.html.

If you wish to complain to the Commonwealth Ombudsman, they can be
contacted on 1300 363 072.  Other contact details are available at their
web site: [2]www.ombudsman.gov.au.

Applications for internal review, IC review, or complaints to the
Information Commissioner can be submitted to:

Office of the Australian Information Commissioner

GPO Box 5218

SYDNEY   NSW   2001

Alternatively, you may submit your application or complaint by email to
[3][email address], or by fax on 02 9284 9666.  For further
information, please call our enquiries line on 1300 363 992.

Yours sincerely

 

Amanda Nowland | Deputy Director | Freedom of Information Dispute
Resolution

Office of the Australian Information Commissioner

Level 3, 175 Pitt Street, SYDNEY NSW 2000

GPO Box 5128 SYDNEY NSW 2001| [4]www.oaic.gov.au

Phone:  +61 2 9284 9646 | E-mail: [5][email address]

Please note, I work Mondays and Tuesdays.

 

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References

Visible links
1. http://www.oaic.gov.au/about/contact.html
2. http://www.ombudsman.gov.au/
3. mailto:[email address]
4. http://www.oaic.gov.au/
5. mailto:[email address]

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From: CD

Delivered

Dear Amanda Nowland,

Thank you for finalising this FOI request in a timely manner. I appreciate the OAIC's decision to release the total schedule of documents.

Yours sincerely,

CD

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Things to do with this request

Anyone:
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