Question Time Briefs
Dear Attorney-General's Department,
I seek access under the FOI Act 1982 to Question Time briefs (however described). This request is limited to Question Time briefs for the 47th Parliament (ie Question Time briefs prepared for 27 – 28 July and 1-4 August).
I also request a copy of the Department’s current index of Question Time briefs.
Duplicate copies of the same document are not required, although different or updated versions of a document are. If a document contains tracked changes or comments, it is requested that the document be provided in a form where all tracked changes and comments are visible.
Names and contact details for departmental staff below the SES level are not required and can be treated as irrelevant under s22 of the Act for the purposes of this request.
Yours faithfully,
BE
Your email has been received by the Freedom of Information and Privacy
Section of the Attorney-General's Department. Please note that we will
only action and respond to FOI requests and other matters relating to the
Freedom of Information Act 1982 (the FOI Act). For information on how to
make an FOI request please refer to the FOI page on the department's
website at:
[1]https://www.ag.gov.au/rights-and-protect....
If your email relates to the FOI Act, we will contact you shortly to
acknowledge and/or respond to your request. Please do not send duplicate
emails as this may cause delays in response time-frames.
For matters not relating to the Freedom of Information Act 1982, please
refer to the 'Contact us' page on the department's website at:
[2]https://www.ag.gov.au/about-us/connect-u...
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.
References
Visible links
1. https://www.ag.gov.au/rights-and-protect...
2. https://www.ag.gov.au/about-us/connect-u...
Dear BE
Freedom of Information Request FOI22/182 - Scope consultation
I refer to your request to the Attorney-General’s Department under the
Freedom of Information Act 1982 (FOI Act) for access to the following
documents:
I seek access under the FOI Act 1982 to Question Time briefs (however
described). This request is limited to Question Time briefs for the 47th
Parliament (ie Question Time briefs prepared for 27 – 28 July and 1-4
August).
I also request a copy of the Department’s current index of Question Time
briefs.
Duplicate copies of the same document are not required, although different
or updated versions of a document are. If a document contains tracked
changes or comments, it is requested that the document be provided in a
form where all tracked changes and comments are visible.
Names and contact details for departmental staff below the SES level are
not required and can be treated as irrelevant under s22 of the Act for the
purposes of this request.
We have considered your request and have interpreted it to be for:
1. Question Time Briefs prepared by the Attorney-General’s Department
(the department) for the Attorney-General’s Office (the Office),
excluding portfolio agencies, for sitting days 27 July to 4 August
2022.
Cleared briefs provided by the department to the Office are included
(showing tracked changes from the previous cleared version), but uncleared
working drafts held within the department are not. Duplicates will be
excluded, along with documents which are assessed as functionally
duplicate (for example, where the only update has been to things like
date, formatting or minor editorial/grammatical changes but no substantive
text changes).
2. The department's current QTB index (as at 4 August 2022).
If you disagree with this interpretation of your request, please let me
know in writing as soon as possible or by 12 August 2022. If we do not
hear from you, we will assume you accept our interpretation of the scope
of your request. Please note that in interpreting this scope,
consideration has been given the ability of the department to effectively
process the request. Broadening the scope may impact the department’s
ability to practically process the request.
If you have any queries or wish to discuss, please contact me on 02 6141
6666 or at [1][AGD request email]
Kind regards
Dana
FOI and Privacy Section
Enabling Services Group
Attorney-General’s Department
T: 02 6141 6666 E: [AGD request email]
The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address].
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.
References
Visible links
1. mailto:[AGD request email]
Dear FOI Requests,
FOI22/182
Thanks for the email, no issues with your proposed approach to scope.
Yours sincerely,
BE
OFFICIAL
Dear BE
Thank you for your email of 10 August 2022 confirming the scope of your
request.
I am writing to acknowledge your request, and to seek your agreement to
extend the processing period for your request. Further information about
this, including my reasons for requesting an extension from you, has been
set out below for your consideration and response.
Acknowledgement of your Request
Your request is for:
1. Question Time Briefs prepared by the Attorney-General’s Department
(the department) for the Attorney-General’s Office (the Office),
excluding portfolio agencies, for sitting days 27 July to 4 August 2022.
Cleared briefs provided by the department to the Office are included
(showing tracked changes from the previous cleared version), but
uncleared working drafts held within the department are not. Duplicates
will be excluded, along with documents which are assessed as
functionally duplicate (for example, where the only update has been to
things like date, formatting or minor editorial/grammatical changes but
no substantive text changes).
2. The department's current QTB index (as at 4 August 2022).
If you disagree with this interpretation of your request, please let me
know in writing as soon as possible.
The department received your request on 4 August 2022 and the 30 day
statutory period for processing your request commenced from the day after
that date.
The department's practice is to not disclose personal information of staff
of the department and other government authorities, where that information
is not publicly known or routinely disclosed (e.g. names of junior
officers and contact information). The names of senior officers will
generally be disclosed. In addition, duplicates and incomplete email
chains within the scope of the FOI request will be excluded.
Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published online on the
department's disclosure log
[1]http://www.ag.gov.au/RightsAndProtection....
Extension of Time Request
Under s 15AA of the FOI Act, an agency may extend the initial processing
period for dealing with a request by a further period of no more than 30
days if the applicant agrees in writing to the extension and the agency
gives written notice of the extension to the Information Commissioner as
soon as practicable after the agreement is made.
I would like to request your agreement to extend the processing period for
your request by 30 days. I am requesting this extension of time from you
to ensure the department has sufficient time to process and finalise your
request in accordance with the FOI Act. As your request will encompass
many documents, a substantial amount of consultation will be required,
along with additional administrative processing time, to progress this
request. While we will endeavour to provide you with the decision as soon
as possible, we would be grateful for the extension of the due date for
your request.
If you agree to the requested extension of 30 days, please let me know in
writing at your earliest convenience.
The department received your request on 4 August 2022 and the 30 day
statutory period for processing your request is currently 5 September
2022. If you agree to the requested extension, the new due date will be 4
October 2022. However, the department will make every effort to provide a
decision to you as soon as possible.
Please note that if you agree to the extension, the department is required
to notify the Office of the Australian Information Commissioner, including
your name and contact details.
If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [AGD request email].
Kind regards
Dana (she/her)
Assistant Director, FOI and Privacy Section
Enabling Services Group
Attorney-General’s Department
T: 02 6141 6666 E: [AGD request email]
OFFICIAL
The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address].
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.
References
Visible links
1. http://www.ag.gov.au/RightsAndProtection...
Dear FOI Requests,
Thank you for your email. In your email you indicate that you are seeking an extension of 30 days given the volume of documents and, in particular, noting that a 'substantial amount of consultation' will be required.
Noting the nature of the documents requested and the discrete timeframe for which documents have been requested it is not clear currently the basis upon which you have formed the above views. Notwithstanding this, subject to the following I confirm that based on the representations made by the department in its email, I agree to the 30 day extension:
1. the request for the department's current QTB index (as at 4 August 2022) will still be processed within the original 30 days;
2. no further extensions will be provided or sought by the Department including for consultation with third parties under s.15(6) of the FOI Act. In your email you note the substantial amount of consultation as one of the reasons for requesting the extension. In agreeing to the request I have taken into account the fact that the FOI Act provides for an extension where consultation is required and that if consultation is required as indicated it would be open to the agency to extend for up to 30 days under s15(6) of the Act.
Can you please confirm you agree to the above?
Thank you and have a lovely weekend.
Yours sincerely,
BE
Good afternoon BE
Freedom of Information Request FOI22/182 - Request consultation process
Attached is a notice of intention to practically refuse in respect of your
Freedom of Information request made to the Attorney-General's Department
(the department).
Before the department makes a decision, s 24AB of the FOI Act provides for
a ‘request consultation process'. This means you have 14 days in which to
respond to this notice revising your request in one of the ways described
in the attached letter. We expect to hear from you by 19 September 2022.
If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [1][AGD request email].
Kind regards
Dana
Assistant Director, FOI and Privacy Section
Enabling Services Group
Attorney-General’s Department
T: 02 6141 6666 E: [AGD request email]
The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address].
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.
References
Visible links
1. mailto:[AGD request email]
Dear FOI Requests,
Thank you for your email.
I am concerned about the delay in providing me with the advice that you consider the scope too broad. In particular, I have previously agreed to a 30 day extension which was provided after you had undertaken the searches and determined that the volume would require you to have an additional 30 days. To wait a full 30 days to then recommend that the scope be reduced to only 1 document is contrary to the objectives of the FOI Act and demonstrates bad faith.
I would ask that the index be released administratively so that i can consider the index and revise the scope. I note that this approach is routinely adopted by other agencies for requests of this nature. This would seem a far more appropriate option than taking another 30 days (an extension that was granted following representations from your agency which now appear to be misleading) to provide one document.
Please advise by close of business today if you are willing to release the index to me administratively so i can then further reduce the scope of the remainder of the request. If not I will seek to reduce through other mechanisms.
Yours sincerely,
BE
OFFICIAL
Dear BE
Thank you for your email and I acknowledge your frustration at the timing
of our notice to renegotiate the scope of your request.
Please be assured that we have done a significant amount of work in
response to your request already, including identifying, compiling and
assessing the relevant documents, as well as initial internal
consultations about access to those documents. Until this initial
assessment work was completed we were not in a position to gauge the full
size and complexity of your request as well identifying the scope of
external consultation that we will need to undertake. As such, it has only
become clear to us in recent days that we needed to renegotiate the scope
with you.
Unfortunately we are unable to release the index to you administratively
today as this document’s release will require further consultation. We
appreciate your patience as we endeavour to process your request and would
be grateful for your advice on whether you agree to amend the scope of
your request as outlined in our letter of 5 September 2022.
Kind regards
Dana
Assistant Director, FOI and Privacy Section
Enabling Services Group
Attorney-General’s Department
T: 02 6141 6666 E: [AGD request email]
Dear FOI Requests,
I agree to amend the scope to just include the index. To avoid any doubt I would not have agreed to the request for an extension for this one document and I consider that the Department has acted contrary to the objects of the Act in its processing of the request.
Noting that you deliberately left it until the date the original decision was due to communicate with me in relation to the request I am now in the position of having to potentially wait 60 days for a single document.
The very purpose of QTBs are to assist the Minister to answers questions on topics in a public forum. It is therefore inconceivable that the index of these documents could be confidential or require any significant amount of consultation so I would ask that my request now be processed as quickly as possible.
Yours sincerely,
BE
OFFICIAL
Good afternoon BE
Thank you for your email agreeing to amend the scope of your FOI request to include just the index for the Attorney-General's Department's question time briefs. As foreshadowed, we consider that we are able to process this request and the processing time for your request has resumed.
In order to process this document for your request, the department is required to consult with interested stakeholders. These consultations are underway, but are taking longer than expected. Your request is a priority for us and we are working to provide you with a decision as soon as possible.
Please feel free to contact me if you have any questions.
Kind regards
Dana
Assistant Director, FOI and Privacy Section
Enabling Services Group
Attorney-General’s Department
T: 02 6141 6666 E: [AGD request email]
OFFICIAL
OFFICIAL
Dear BE
Freedom of Information Request FOI22/182
I refer to your request to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents.
The purpose of this email is to provide you with a decision in response to
that request.
Please find attached:
· decision letter, including:
o review rights, and
· documents.
If you have any questions, please contact me on the details below.
Kind regards
Dana
Assistant Director, FOI and Privacy Section
Enabling Services Group
Attorney-General’s Department
T: 02 6141 6666 E: [AGD request email]
OFFICIAL
The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address].
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.