Request for an extension of time, sent to the OAIC from the Office of the Commonwealth Ombudsman, to process FOI-2022-10114

The request was partially successful.

Dear Office of the Australian Information Commissioner,

On 5 October 2022, I made an FOI request to the Office of the Commonwealth Ombudsman (OCO). The FOI request can be accessed here:

https://www.righttoknow.org.au/request/d...

On 24 October 2022, David, a Legal Officer from the Legal Team of the OCO, belatedly acknowledged receipt of the FOI request. The OCO's reference is FOI-2022-10114. David's acknowledgement can be accessed here:

https://www.righttoknow.org.au/request/d...

On 4 November 2022, David from the OCO wrote requested that I agree to an extension of time. David's request can be accessed here:

https://www.righttoknow.org.au/request/d...

On 4 November 2022, I wrote to David and rejected his request for an extension of time. My response can be accessed here:

https://www.righttoknow.org.au/request/d...

I have heard nothing since from the OCO. I would like to know if officials in the OCO have sought an extension of time from the OAIC.

Under the FOI Act, I request access to any and all correspondence sent from or received by staff in the OAIC in relation to a request for an extension of time, on the part of the OCO, to process my FOI request of 5 October 2022 (OCO reference FOI-2022-10114).

Please send the requested documents to me by return email.

Yours faithfully,

raphael

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Our reference: FOIREQ22/00400

Dear Raphael

Freedom of Information request

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

You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 15 November 2022. This means that a decision on
your FOI request is currently due on 15 December 2022. 

Scope of your request

Your FOI request was made in the following terms:

‘Under the FOI Act, I request access to any and all correspondence sent
from or received by staff in the OAIC in relation to a request for an
extension of time, on the part of the OCO, to process my FOI request of 5
October 2022 (OCO reference FOI-2022-10114).’

In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.

We will not identify you as the FOI applicant during any consultation
process, unless we seek your permission. However, documents that are
within the scope of your request that we may need to consult third parties
about may contain your personal information.

Timeframes for dealing with your request

Section 15 of the FOI Act requires the OAIC to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.

The current decision due date for your request is 15 December 2022.  We
will advise you if this timeframe is otherwise extended.

Disclosure Log

Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.

If you would like to discuss your FOI request, please contact me on my
contact details set out below.

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [2]oaic.gov.au

+61 2 9942 4296  |
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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
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References

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OAIC - Legal, Office of the Australian Information Commissioner

9 Attachments

OAIC ref: FOIREQ22/00400

 

Dear Raphael

 

Please see attached decision, schedule and documents in relation to the
above FOI request.

 

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [2]oaic.gov.au

+61 2 9942 4296  |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter |   icon Information
Matters

 

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Please note the OAIC will be closed from Saturday 24 December 2022 and
will reopen on Tuesday 3 January 2023. I will return on Wednesday 4
January 2023.

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

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1. https://www.oaic.gov.au/
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3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
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Office of the Australian Information Commissioner

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-52592086-3389
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-52592086-3389

To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
 
 
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
 
 
Note: Please do not reply to this auto-generated email.
 

References

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2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]

Office of the Australian Information Commissioner

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-52592086-3389
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-52592086-3389

To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
 
 
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
 
 
Note: Please do not reply to this auto-generated email.
 

References

Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]

Dear Office of the Australian Information Commissioner,

On 25 January 2023, I applied for IC review in respect of the Commonwealth Ombudsman's failure to provide a decision notice in relation to an FOI request that I made on 12 November 2022.

I received confirmation that my IC review request had been accepted (https://www.righttoknow.org.au/request/r...) but I have not yet received the OAIC reference (MR23/xxxxxx) for my IC review request.

The IC review request relates to the following FOI request:

https://www.righttoknow.org.au/request/r....

I would appreciate being provided with the OAIC reference to my IC review request at your earliest convenience.

I would also really appreciate a person in the Early Intake and Resolution team of the OAIC reminding the Commonwealth Ombudsman that he cannot ignore FOI requests that have been made according to law, and that he has a continuing obligation to provide a decision as soon as possible.

Yours faithfully,

raphael