Referendum on the Voice to Parliament Advice/Documents
Dear Attorney-General's Department,
I refer to the previous FOI request made by Alex Pentland: https://www.righttoknow.org.au/request/r...
and request access to the following documents:
(a.) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Attorney General's Department, as well as any correspondence between the Attorney-General and/or his office and the Attorney General's Department, in relation to the proposed wording for the Voice referendum;
(b) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Attorney General's Department, as well as any correspondence between the Attorney-General and/or his office and the Solicitor-General and/or any correspondence between the Attorney-General's Department and the Solicitor-General in relation to the proposed wording for the Voice referendum;
(c) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Australian Government Solicitor, as well as any correspondence between the Attorney-General and/or his office and/or any correspondence between the Attorney-General's Department and the Australian Government Solicitor in relation to the proposed wording for the Voice referendum
I understand that a preliminary search of the documents relevant to the previous request resulted in a large volume of 900 documents. As such, I am willing to enter into a consultation process to reduce the scope of the request. If possible, I would appreciate it if you could identify which request returned such a high result, and provide any insights or outliers that you may have identified.
Yours faithfully,
CR
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References
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2. https://www.ag.gov.au/about-us/connect-u...
OFFICIAL
Dear Applicant
Freedom of Information Request FOI23/372
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.
Your request is for
(a) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Attorney General's Department, as well as any correspondence between the Attorney-General and/or his office and the Attorney General's Department, in relation to the proposed wording for the Voice referendum;
(b) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Attorney General's Department, as well as any correspondence between the Attorney-General and/or his office and the Solicitor-General and/or any correspondence between the Attorney-General's Department and the Solicitor-General in relation to the proposed wording for the Voice referendum;
(c) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Australian Government Solicitor, as well as any correspondence between the Attorney-General and/or his office and/or any correspondence between the Attorney-General's Department and the Australian Government Solicitor in relation to the proposed wording for the Voice referendum
The department received your request on 21 July 2023 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 August 2023. However, the period of 30 days may be extended if the department needs to consult third parties or for other reasons. We will advise you if this happens.
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 http://www.ag.gov.au/RightsAndProtection....
If you have any questions, please contact me by telephone on (02) 6141 6666 or by email to mailto:[AGD request email].
Joanna
Freedom of Information and Privacy | Strategy and Governance Branch
Attorney-General's Department
T: 02 6141 6666 | E: mailto:[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.
OFFICIAL
Dear Applicant
Freedom of Information Request FOI23/372 - 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, 24AB of the FOI Act provides for a 'request consultation process'. This means you have 14 days in which to consult with the department on revising your request in one of the ways described in the attached letter. The consultation period ends on 31 August 2023.
If you revise your request in a way that adequately addresses the practical refusal grounds outlined in the letter, the department will recommence processing it. Please note that the time taken to consult you about the scope of your request is not included in the 30 day time limit for processing your request.
If you have any questions, please contact me by telephone on (02) 6141 6666 or by email to mailto:[AGD request email].
Kind regards
Joanna
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.
Dear Joanna,
I appreciate the initiation of the request consultation process.
Could you kindly provide a breakdown of the estimated time required for each step of the process? Additionally, I would appreciate an explanation of the challenges faced in handling the current request. Furthermore, I would welcome your suggestions on what would constitute a reasonable request given the circumstances.
If possible, I would be grateful if you could identify the specific portion of my request that resulted in the significant number of documents.
Thank you for your attention to this matter.
Sincerely,
CR
OFFICIAL
Dear CR
I am seeking your agreement to extend the consultation period by 7 days. The consultation period may be extended by agreement between the contact officer and applicant, in which case the contact officer must give the applicant written notice of the extension (s 24AB(5)).
If you agree to the extension of the request consultation period, the period will end Thursday 7 September 2023.
In response to your questions, a significant proportion of the documents captured by the scope of the request fall within the 'any correspondence' category.
A suggestion for revising the scope of the request would be to narrow it to a specific type of document such as limiting the scope to 'finalised submissions or briefs prepared for the Attorney-General in relation to the proposed wording for the Voice referendum'. This would identify a smaller number of documents which could then be processed.
I do not have a detailed breakdown of the total estimated time for processing the original request as the department has not finalised the request consultation with you.
I would be grateful if .you could respond confirming the extension of time for the request consultation process.
Joanna
OFFICIAL
Dear Joanna,
Thank you for your recent correspondence. I appreciate your suggestion to extend the consultation period by 7 days, although I would like to express my concerns regarding the handling of this request thus far.
It took approximately 28 days for the department to provide a receipt acknowledging the receipt of my FOI request. Shortly thereafter, a practical refusal notice was issued, and the request consultation period was initiated. The consultation period commenced on August 18th and was scheduled to end on August 31st. I responded promptly on August 19th, seeking an explanation of the challenges faced in processing the request and requesting suggestions for a reasonable revision.
I received your response on the final day of the consultation period, specifically at 10:46PM. Section 3.130 of the FOI Guidelines states that you must be available for the entire consultation period. Receiving your response so late has made it difficult to have a meaningful consultation within the timeframe.
Notwithstanding these concerns, I have decided to accept your request for a 7-day extension. Consequently, the consultation period will now conclude on September 7th, 2023. Please ensure you are available during the rest of the consultation period.
With respect to revising the scope of my request, limiting it only to "finalised submissions or briefs" prepared for the Attorney-General would exclude all correspondence, which forms a significant part of what I am seeking. Could you please indicate which category of documents within my original request - (a) internal AG's office correspondence, (b) correspondence between the AG and Solicitor-General, or (c) correspondence between the AG and Australian Government Solicitor - accounts for the large volume?
I look forward to hearing from you in due course.
Yours faithfully,
CR
OFFICIAL
Dear CR
Thank you for agreeing to extend the consultation period to 7 September
2023.
In your response you have requested details regarding documents in the
following categories:
(a) internal AG's office correspondence, (b) correspondence between the AG
and Solicitor-General, or (c) correspondence between the AG and Australian
Government Solicitor.
The Attorney-General and his office is a separate entity to the
department. The department will not hold documents internal to the Office
of the Attorney-General or correspondence between the Attorney-General and
other recipients unless the department has been included in that
correspondence.
If these are the documents of interest to you, it is open to you to revise
your request to the department to those documents described in your reply.
It is also open to you to withdraw your request and make an FOI request to
the Office of the Attorney-General.
The documents falling within the terms 'briefing notes, legal advice, file
notes' and 'any correspondence' held by the department regarding the
proposed wording of the Voice referendum over an open date range has
resulted in the large number of results in the initial searches for the
request.
Joanna
Dear Joanna,
Thank you for clarifying the distinction between the Attorney-General's Department and the Attorney-General's Office.
I am considering revising the scope of my FOI request as follows:
a) finalised briefing notes, legal advice and file notes held by the Attorney General's Department, in relation to the proposed wording for the Voice referendum.
b) correspondence between the Attorney General’s Department and the Attorney-General and/or the Attorney-General’s Office, in relation to the proposed wording for the Voice referendum.
c) correspondence between the Attorney General’s Department and the Australian Government Solicitor, in relation to the proposed wording for the Voice referendum.
For the purposes of the FOI Act, this is not my revised request. The consultation period continues.
I wanted to seek your feedback on whether this narrower scope would still be considered to substantially and unreasonably divert the resources of the department from its other operations. Additionally, if limiting the "correspondence" category to only include emails would help reduce the scope of the request, please let me know.
I would also like to draw your attention to section 3.120 of the FOI Guidelines, which states that it is expected for an agency to provide a breakdown of the estimated time for each stage in processing a request. Furthermore, section 3.121 of the Guidelines recommends that an agency examine a sample of the documents to assess the complexity of the material. This information would greatly assist me in understanding the challenges faced in processing my request and in making a reasonable revision.
If you still believe that a practical refusal reason exists for my revised request, I kindly request that you provide a breakdown of the estimated time for each step of the process, explain the difficulties the agency will encounter in dealing with the request, and suggest what would constitute a reasonable request in these circumstances, as outlined in section 3.133 of the FOI Guidelines.
Regards,
CR
Dear Joanna,
I am writing to conclude the request consultation process. Despite my good faith efforts to engage in a meaningful discussion about revising the scope of my request, I have not received a response from you since my last correspondence 6 days ago.
As the consultation period ends tonight, I am left with no choice other than to submit the following revised request:
a) Finalised briefing notes, legal advice and file notes held by the Attorney General's Department, in relation to the proposed wording for the Voice referendum.
b) Correspondence between the Attorney General’s Department and the Attorney-General and/or the Attorney-General’s Office, in relation to the proposed wording for the Voice referendum.
c) Correspondence between the Attorney General’s Department and the Australian Government Solicitor, in relation to the proposed wording for the Voice referendum.
I anticipate a timely decision on my revised request.
Regards,
CR
OFFICIAL
Dear CR
Thank you for providing a revised scope of request. Please find below confirmation of your revised scope and a request for an extension of time.
Your request is for:
a) Finalised briefing notes, legal advice and file notes held by the Attorney General's Department, in relation to the proposed wording for the Voice referendum.
b) Correspondence between the Attorney General’s Department and the Attorney-General and/or the Attorney-General’s Office, in relation to the proposed wording for the Voice referendum.
c) Correspondence between the Attorney General’s Department and the Australian Government Solicitor, in relation to the proposed wording for the Voice referendum.
Extension of Time Request
Under section 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. After the conclusion of the request consultation period, the due date for your request is 11 September 2023. If you agree to an extension of time the revised due date will be 9 October 2023.
I am requesting this extension of time from you to ensure the department has sufficient time to undertake new searches on your revised scope, consult and finalise your request in accordance with the FOI Act.
If you agree to the requested extension, please let me know in writing by COB Monday 11 September 2023. 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.
In processing documents for the request, 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, internal administrative email addresses and metadata within the scope of the FOI request will be excluded.
A number of exemptions may apply to documents for your request as specified in the FOI Act. The department is also exempt from the operation of the FOI Act in relation to certain documents as specified on our webpage at https://www.ag.gov.au/rights-and-protect... . Relevant to this request, documents in our possession that relate to the Australian Government Solicitor’s activities are exempt from release under the FOI Act pursuant to section 7(2) and Schedule 2, Part II, Division 1 of that Act.
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 http://www.ag.gov.au/RightsAndProtection....
If you have any questions, please contact me by telephone on (02) 6141 6666 or by email to [AGD request email].
Kind regards
Joanna
OFFICIAL
Dear Joanna,
I decline the extension of time request for the following reasons:
1. It has come to my attention that you started actioning my FOI request on 18 August 2023, which is 28 days after you received my initial request on 21 July 2023. This delay raises concerns about the timely processing of my request and suggests a lack of due diligence on the part of the department.
2. You failed in your obligations to be available for the entire consultation period, and even after extending the consultation period (to a total of 21 days) I am not satisfied that you took all reasonable steps to assist me in revising the scope of the request so that a practical refusal reason would no longer exist.
3. You haven’t provided evidence of any technical or practical challenges involved in the processing of my request.
As the department has already had sufficient time to initiate the request, I expect a timely decision on my revised scope.
Regards,
CR
OFFICIAL
Dear CR
I acknowledge your response declining an extension of time for the processing of your request. The statutory date for your request was 11 September 2023 however the department was unable to finalise the request by this date.
The department will continue to process your request and will provide a decision in due course.
The department also proposes to apply to the OAIC for an extension of time under 15AC for processing this request.
I anticipate the OAIC will contact you regarding this extension of time application.
As the department did not finalise your request by the due date, your request was a deemed decision. The FOI Guidelines provide at 3.158 A ‘deemed refusal’ occurs if the time for making a decision on a request for access to a document has expired and an applicant has not been given a notice of decision. If this occurs, the principal officer of the agency or the minister is taken to have personally made a decision refusing to give access to the document on the last day of the ‘initial decision’ period (s 15AC).
Your review rights for a deemed decision are an application to the OAIC for an Information Commissioner Review of the decision. I would be grateful if you would wait to receive the department's decision before undertaking a review.
Sincerely
Joanna
OFFICIAL
OFFICIAL
Dear Joanna,
Thank you for providing information regarding the deemed refusal of my request. I will await the outcome of the EOT request to the OAIC before pursuing an IC Review.
Please keep me informed of any developments.
Regards,
CR
Dear Joanna,
I hope this email finds you well. I am writing to inquire about the status of the application that was supposed to be submitted to the OAIC for a s15AC extension of time. Could you please confirm whether the application has been made?
In case the application has not been submitted yet, I kindly request that you include in your application my explicit desire for the OAIC to grant the s15AC extension of time. This would ensure that I retain the option to pursue an internal review once the department reaches a decision on my request.
I kindly ask for your response by the close of business on Friday, 29th September 2023. If I do not receive a reply by that date, I will proceed with lodging an IC Review regarding the department's deemed decision.
Thank you for your attention to this matter.
Yours sincerely,
CR
OFFICIAL
Dear CR
This email is to provide an update on the processing of your request.
The department is currently experiencing an increase in FOI requests to the department and has limited resources to process these requests.
Please be assured we are progressing your request.
We will be making an extension of time application to the OAIC for your request and expect them to write to you regarding that application.
The department anticipates finalising your request by 16 October 2023.
Sincerely
Joanna
OFFICIAL
Our reference: RQ23/05198
Agency reference: FOI23/372
CR
By email: [FOI #10488 email]
Extension of time application by the Attorney-General's Department
Dear CR,
I write to advise that on 6 October 2023 the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Attorney-General's Department (the Department) for an extension of time,
to process your FOI request of 21 July 2023.
The Department has applied for further time to deal with your request
under s 15AC of the Freedom of Information Act 1982 (Cth) because the FOI
Act deems that the Department has refused your request, as the initial
decision period for your request has ended and the Department has not
provided you with notice of a decision.
Please find attached the Department’s reasons for its application.
The Department has requested an extension to 16 October 2023. A decision
maker at the OAIC will take any comments you may have to make into account
when deciding the application.
Please respond to this email by close of business 16 October 2023. If we
do not hear from you by this date, the decision maker at the OAIC will
make a decision on the basis of the information provided to the OAIC by
the Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [1]Extensions of time.
Contact
If you have any questions about this email, please contact me on 1300 363
992 or at [2][email address]. Please quote OAIC reference: RQ23/05198 in
all correspondence.
Kind regards,
[3][IMG] Bernie Lai <he/him>
Assistant Director | Freedom of Information Branch
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [4][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[5]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. mailto:[email address]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/engage-with-us/n...
Dear Mr. Bernie Lai,
I am writing to express my dissatisfaction with the processing of my FOI request by the Attorney-General's Department and the apparent lack of due diligence in handling the matter. I would like to provide a detailed timeline of events for your reference:
1. On 21st July 2023, I submitted my FOI request to the department.
2. The department acknowledged receipt of my FOI request on 18th August 2023, which was the 28th day after receiving my request. It appears that the department initiated the processing of my request at this point.
3. Approximately 2 hours later, on the same day (18th August 2023), the department issued a practical refusal notice, commencing the 14-day consultation period. The basis for this notice was the department's claim that a preliminary search yielded a large volume of 900 documents. It is worth noting that this figure was likely quoted from my initial FOI request email, which highlighted the similarity of this request to another FOI applicant's request that resulted in a practical refusal notice. Reference: https://www.righttoknow.org.au/request/r...
4. On 19th August 2023, I requested the department to provide a breakdown of the estimated time required for each step in the process, an explanation of the challenges faced, and suggestions on what would constitute a reasonable request given the circumstances.
5. On the last day of the consultation period, 10:46 pm, the department requested a 7-day extension to the consultation period. I would like to emphasize that I found the department's response to my concerns unsatisfactory.
6. Acknowledging the requested extension, I expressed my concerns regarding the processing of my request, reminded the department of its obligations, and accepted the extension to the consultation period.
7. On 1st September 2023, I requested feedback from the department regarding a revised request.
8. After not receiving a response to my questions, on the last day of the extended consultation period, 7th September 2023, I revised my request and concluded the consultation period.
9. On 8th September 2023, the department requested a 30-day extension under section 15AA of the Act to process my revised request.
10. On 9th September 2023, I reiterated my concerns about the processing of my request and the apparent lack of due diligence. Additionally, I expressed dissatisfaction with the department's handling of the consultation period. Consequently, I declined the department's request for a section 15AA extension of time, citing the aforementioned reasons.
11. On 12th September 2023, the department informed me of their deemed refusal of my request.
12. On 25th September 2023, I inquired whether the department had requested a section 15AC extension of time from the OAIC.
13. Finally, on 6th October 2023, the department notified me that they had made a section 15AC extension of time request to the OAIC.
Given the series of events outlined above, I am unsatisfied with the department's compliance with the Act. Nevertheless, I kindly request the OAIC to grant the requested section 15AC extension of time to the department. This would reinstate my ability to seek an internal review should I disagree with the department's decision. Moreover, reinstating the statutory timeframe would afford me additional time to request an IC Review, if necessary.
Thank you for considering my comments.
Yours sincerely,
CR
Our reference: RQ23/05198
Agency reference: FOI23/372
CR
By email: [1][FOI #10488 email]
CC: [2][AGD request email]
Extension of time under s 15AC
Dear CR,
Please find attached an extension of time decision relating to your FOI
request with the Attorney-General’s Department, which is copied in this
email.
Regards,
[3][IMG] Bernie Lai <he/him>
Assistant Director | Freedom of Information Branch
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [4][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[5]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #10488 email]
2. mailto:[AGD request email]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/engage-with-us/n...
Dear Applicant
Freedom of Information Request FOI23/372
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 your decision letter, including your review rights.
If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [1][AGD request email].
Kind regards
Leonie
Freedom of Information and Privacy
Attorney-General’s Department
T: 02 6141 6666 | E: [2][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]
2. mailto:[AGD request email]
Dear Attorney-General's Department,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of the Attorney-General's Department's decision relating to my Freedom of Information request 'Referendum on the Voice to Parliament Advice/Documents' (FOI23/372).
I am seeking review on the following grounds:
1. There was a significant delay of 28 days between receiving my initial request on 21 July 2023 and the department acknowledging it on 18 August 2023. This lengthy period raises concerns about the timely processing of my FOI request.
2. A practical refusal notice was issued just two hours after acknowledging my request, on the same day of 18 August 2023, without evidence that a preliminary search of documents had been conducted.
3. During the request consultation process, the department did not meet its obligations under the FOI Act and Guidelines to be available for the full consultation period and to provide meaningful responses to assist with revising the scope of the request.
4. Despite requests, the department failed to provide estimated timelines, explain technical difficulties, or suggest a reasonable request as outlined in the FOI Guidelines to assist with the consultation process.
5. The department's failure to adhere to the requirements of section 24AB may constitute a procedural defect and invalidate the practical refusal decision.
I request that as part of this internal review, the department initiate a new request consultation process. I am willing to accept any reasonable extensions required to arrive at a properly considered decision on a revised scope, with the aim of resolution without IC Review.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/r...
Yours sincerely,
CR
OFFICIAL
Dear CR
Your Internal Review request was received by the department on 15 November
2023 and the 30 day statutory period for processing your review commenced
on the following day. Due to an increase in the number of information
access applications currently being received by the department, there has
been a delay in allocating your request to a case officer for action. Due
to these delays the department will confirm with you in the new year the
anticipated date for the decision for your review.
The department has commenced processing your Internal Review and seeks to
engage further with you on the terms of the review. We wish to ascertain
whether you would like to proceed with the internal review of this
decision or a submit a fresh FOI application to obtain the outcome you are
seeking.
In your request for review you have requested the department initiate a
new request consultation process to arrive at a properly considered
decision on a revised scope of request.
Under the FOI Act, the Internal Review process does not allow for the
extension of time for a request consultation process. We can continue your
internal review and consult with you and provide the decision in due
course.
The department would like you to consider whether the application of a new
FOI Request may result in the outcome you are seeking rather than the
internal review of the decision for FOI23/372.
The department would like to suggest that you submit a new request for
access to ‘final submissions from the Attorney-General’s Department to the
Attorney-General, in relation to the proposed wording for the Voice
referendum’.
The department considers this scope removes the practical refusal reasons
identified for FOI23/372 and a request consultation process would
therefore not be required with the suggested scope outlined above.
If you decide to make a new request we would ask you withdraw your
internal review request.
Kind regards
Joanna
Freedom of Information and Privacy
Attorney-General’s Department
T: 02 6141 6666 | E: [1][AGD request email]
Dear Joanna,
Thank you for your update regarding my internal review request. I would prefer to continue with the internal review process rather than submitting a new FOI request.
In my view, it is likely that the department's failure to adhere to the requirements under section 24AB of the FOI Act would constitute a procedural defect that could invalidate the practical refusal decision on my original request. A full examination of this as part of the internal review is therefore warranted.
I appreciate the alternative scope suggested by the department. However, given the time already elapsed and issues raised with the handling of my initial request, I believe the internal review to be the appropriate process at this stage. Please proceed with your review of the original decision as requested.
Please be aware that if I do not receive a decision today, I will seek an IC Review of the deemed Internal Review decision.
Yours sincerely,
CR
OFFICIAL
Dear CR
I am writing further to your internal review for FOI23/372. The purpose of this email is to confirm that processing of your request has progressed but is not yet finalised. I note you have declined to narrow the scope of the request.
I confirm that you have separately corresponded with the OAIC to lodge an IC Review for this deemed internal review.
I propose to continue to correspond with you via your RTK application as you have not provided direct contact details to the department.
If at any time you would like to discuss your FOI request you are welcome to call the number below. In this case please request to be transferred to the Freedom of Information and Privacy Team and quote reference number FOI23/372.
Kind regards
Freedom of Information and Privacy
Attorney-General’s Department
T: 02 6141 6666 | E: [AGD request email]
OFFICIAL
Waldek left an annotation ()
I see that you are also getting the raw end of the deal with the AGD. I too have been waiting for more than half a year for an FOI decision and, time and again, have been lumbered with useless correspondence aimed at delaying or frustrating the FOI process:
https://www.righttoknow.org.au/request/s...
https://www.righttoknow.org.au/request/s...
How is your IC review application is tracking?
CR left an annotation ()
Hi Waldek
It's been about two and a half months since I lodged my IC review application.
I am yet to receive an email confirming that the OAIC will undertake an IC review.
The audacity to tell me that I "declined to narrow the scope of my request". What a joke.
Waldek left an annotation ()
Hi CR
I too was graced with that audacious nonsense. The FOI officer stated:
I note you have declined to narrow the scope of the request. Due to the voluminous nature of the request, processing of the request is taking longer than usual: https://www.righttoknow.org.au/request/s....
It's as though the Attorney-General's finest are doing us both a favour by processing lawful FOI requests for access to documents contrary to law. Never mind that "every person has a legally enforceable right to obtain access, in accordance with [the FOI] Act, to a document of an agency, other than an exempt document": FOI Act, s 11(1)(a).
You said it - what a joke.
CR left an annotation ()
I have submitted a request for an Information Commissioner Review.