Dear Australian Electoral Commission,

Consistent with the Freedom of Information Act 1982, I am seeking all correspondence held by the Commission relating to Mr Damian Hodgkinson and Ms Kiera Peacock.

I am not seeking drafts of the above documents.

If you have questions in relation to the above request, please feel free to contact me.

Regards,
Andorra

FOI, Australian Electoral Commission

Our reference: LEX3512
 
Dear Andorra Loom
 
Acknowledgement of your Freedom of Information Request
I refer to your request for access to documents under the Freedom of
Information Act 1982 (FOI Act) made in the following terms:
 
I am seeking all correspondence held by the Commission relating to Mr
Damian Hodgkinson and Ms Kiera Peacock.
 
I am not seeking drafts of the above documents.
 
Timeframe to process your request
Your request was received by the Australian Electoral Commission (the AEC)
on 22 November 2022, and the 30 day statutory timeframe for processing
your request commenced from the day after that date.  You should expect to
receive a decision from us by 22 December 2022.  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 timeframe is extended.
 
Charges
We will advise you if any charge is payable to process your request and
the amount of any charge as soon as practicable.  No charge is payable for
providing a person with their own personal information.
 
Your address
The FOI Act requires that you provide us with an address to which we can
send notices.  You have advised that your electronic address is
[1][FOI #9597 email].  We will send all notices
and correspondence to this address.  Please advise us as soon as possible
if you wish for notices and correspondence to be sent to a different
address.  If you do not advise us of changes to your address, notices and
correspondence will continue to be sent to the address specified above.
 
Administrative release of documents
The AEC has administrative access arrangements for the release of certain
documents without the need for a formal freedom of information request.
Where appropriate we may offer you documents via the administrative access
scheme in lieu of processing under the FOI Act.  Information relating to
third parties cannot be released via administrative access.  You will be
notified when documents are released to you on an administrative access
basis.
 
Disclosure log
Documents released under the FOI Act may be published in a disclosure log
on the AEC's website.  Section 11C of the FOI Act requires this
publication. However, it is subject to certain exceptions, including where
publication of personal, business, professional or commercial information
would be unreasonable.
 
Further assistance
If you have any questions please email [2][email address], or contact our
enquiries line on 13 23 26.
 
Yours sincerely
 
Patrick
Australian Electoral Commission
T: 13 23 26
-----Original Message-----
From: Andorra Loom <[FOI #9597 email]>
Sent: Tuesday, 22 November 2022 9:10 AM
To: FOI <[email address]>
Subject: Freedom of Information request - Request for Correspondence
 
CAUTION:This email originated from outside of the Australian Federal
Government. Do not click links or open attachments unless you recognise
the sender and know the content is safe.
 
 
 
 
 
Dear Australian Electoral Commission,
 
Consistent with the Freedom of Information Act 1982, I am seeking all
correspondence held by the Commission relating to Mr Damian Hodgkinson and
Ms Kiera Peacock.
 
I am not seeking drafts of the above documents.
 
If you have questions in relation to the above request, please feel free
to contact me.
 
Regards,
Andorra
 
-------------------------------------------------------------------
 
Please use this email address for all replies to this request:
[3][FOI #9597 email]
 
Is [4][AEC request email] the wrong address for Freedom of Information requests
to Australian Electoral Commission? If so, please contact us using this
form:
[5]https://aus01.safelinks.protection.outlo...
 
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[6]https://aus01.safelinks.protection.outlo...
 
Please note that in some cases publication of requests and responses will
be delayed.
 
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
 
 
-------------------------------------------------------------------
 

References

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2. mailto:[email address]
3. mailto:[FOI #9597 email]
4. mailto:[AEC request email]
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FOI, Australian Electoral Commission

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Our reference: LEX3512

 

Dear Andorra Loom

 

Your Freedom of Information Request – section 24AB consultation

 

Thank you for your email. I refer to your request (attached) under the
Freedom of Information Act 1982 (FOI Act) made in the following terms:

 

I am seeking all correspondence held by the Commission relating to Mr
Damian Hodgkinson and Ms Kiera Peacock.

 

I am not seeking drafts of the above documents.

 

I am an officer authorised under section 23 of the FOI Act to make
decisions in relation to FOI requests. 

 

Practical refusal reason

  

After consulting with the relevant line areas, we have been advised that
the information you’re requesting:

·         is held by a range of areas in the AEC across different systems,
with a number of documents being duplicates;

·         largely constitutes documents of a purely administrative nature;
and also

·         encompasses a tranche of financial disclosure documents that
will be released in February 2023 through the AEC’s Transparency Register.
These documents are, on their face, exempt on the basis of confidentiality
and the AEC would also need to consider any adverse effect release prior
to February 2023 may have on the operation of the AEC’s financial
disclosure scheme.

 

As a result of this, and due to the fact that you have not specified a
date range, processing your request would result in a substantial and
unreasonable impact on resourcing and I am considering making decision
under s 24AA(1)(a)(i) that a practical refusal reason exists. I note that
the AEC FOI team is small, and requests are processed by officers who
maintain duties in relation to other legal matters.

 

However, before I make a final decision, you have the opportunity to
revise your FOI request. This is called a 'request consultation process',
and is set out in section 24AB of the FOI Act. We hope that, through
additional consultation, we will be able to narrow the scope of your
request to something we can manageably action. You have 14 days to respond
to this notice in one of the ways set out below. I note that, instead of
using the FOI process, you may be able to make a more general request for
assistance with your enquiry with the relevant line area of the AEC.

 

Why your request may be refused

 

In coming to a decision that a practical refusal reason exists, in
accordance with s24AA I have had regard to the resources that would have
to be used for:

·       identifying the relevant record databases to search;

·       identifying, locating or collating the documents within the filing
system of the AEC ;

·       deciding whether to grant, refuse or defer access to a document to
which the request relates, or to grant access to an edited copy of such a
document (including resources that would have to be used for examining the
document or consulting with any person or body in relation to the
request);

·       making a copy or an edited copy, of the document;

·       notifying any interim or final decision on the request;

·       any other matters in addition to those specified, in deciding
whether a practical refusal reason exists.

 

Request consultation process

 

You now have an opportunity to revise your request to enable it to
proceed.

 

For instance, you may wish to revise your request to narrow the scope of
documents. For example:

o correspondence relating to the 2022 federal election
o specifying a date range within which to search; and
o confirming that duplicates and purely administrative documents
(password rest emails, update your details requests, etc) are not in
scope.

 

Before the end of the 14 day consultation period, you must write to the
AEC Contact Officer below and either:

·       withdraw your request;

·       make a revised request; or

·       tell us that you do not wish to revise your request.

 

The 14 day consultation period will start on the day after you receive
this notice.

 

During this period, you are welcome to seek assistance from AEC to revise
your request. If you revise your request to adequately address the
practical refusal reasons outlined above, the AEC will recommence
processing it.

 

The time taken to consult you regarding the scope of your request is not
taken into account for the purposes of the 30 day time limit for
processing your request.

 

If you do not do one of the three things listed above during the
consultation period or you do not contact the AEC to discuss your request
during this period, your request will be taken to have been withdrawn.

 

Contact officer

 

If you would like to revise your request or have any questions, please
contact me at [1][AEC request email], or contact our enquiries line on 13 23
26.

 

Yours sincerely

 

Patrick

FOI Team

Australian Electoral Commission

T: 13 23 26

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

[2]Australian Electoral Commission logo [3]Australian Electoral Commission

 

References

Visible links
1. mailto:[AEC request email]
2. http://emailfooter.aec.gov.au/email/
3. http://emailfooter.aec.gov.au/email-promo/

FOI, Australian Electoral Commission

2 Attachments

Our reference: LEX3512

 

Dear Andorra Loom

 

Your requests for documents

 

I refer to our below correspondence dated 13 December 2022.

 

The consultation period has now ended and we have not received a revised
request from you.

 

As such, your request has been taken to have been withdrawn as per s
24AB(7) of the FOI Act.

 

If you have any questions, please contact me at [1][AEC request email] or
contact our enquiries line on 13 23 26.

 

Yours sincerely

 

Patrick

FOI Team

Australian Electoral Commission

T: 13 23 26

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

[2]Australian Electoral Commission logo [3]Australian Electoral Commission

 

From: FOI <[email address]>
Sent: Tuesday, 13 December 2022 10:31 AM
To: Andorra Loom <[FOI #9597 email]>
Cc: FOI <[email address]>
Subject: Your Freedom of Information Request - section 24AB consultation -
LEX3512 [SEC=OFFICIAL]

 

Our reference: LEX3512

 

Dear Andorra Loom

 

Your Freedom of Information Request – section 24AB consultation

 

Thank you for your email. I refer to your request (attached) under the
Freedom of Information Act 1982 (FOI Act) made in the following terms:

 

I am seeking all correspondence held by the Commission relating to Mr
Damian Hodgkinson and Ms Kiera Peacock.

 

I am not seeking drafts of the above documents.

 

I am an officer authorised under section 23 of the FOI Act to make
decisions in relation to FOI requests. 

 

Practical refusal reason

  

After consulting with the relevant line areas, we have been advised that
the information you’re requesting:

·         is held by a range of areas in the AEC across different systems,
with a number of documents being duplicates;

·         largely constitutes documents of a purely administrative nature;
and also

·         encompasses a tranche of financial disclosure documents that
will be released in February 2023 through the AEC’s Transparency Register.
These documents are, on their face, exempt on the basis of confidentiality
and the AEC would also need to consider any adverse effect release prior
to February 2023 may have on the operation of the AEC’s financial
disclosure scheme.

 

As a result of this, and due to the fact that you have not specified a
date range, processing your request would result in a substantial and
unreasonable impact on resourcing and I am considering making decision
under s 24AA(1)(a)(i) that a practical refusal reason exists. I note that
the AEC FOI team is small, and requests are processed by officers who
maintain duties in relation to other legal matters.

 

However, before I make a final decision, you have the opportunity to
revise your FOI request. This is called a 'request consultation process',
and is set out in section 24AB of the FOI Act. We hope that, through
additional consultation, we will be able to narrow the scope of your
request to something we can manageably action. You have 14 days to respond
to this notice in one of the ways set out below. I note that, instead of
using the FOI process, you may be able to make a more general request for
assistance with your enquiry with the relevant line area of the AEC.

 

Why your request may be refused

 

In coming to a decision that a practical refusal reason exists, in
accordance with s24AA I have had regard to the resources that would have
to be used for:

·       identifying the relevant record databases to search;

·       identifying, locating or collating the documents within the filing
system of the AEC ;

·       deciding whether to grant, refuse or defer access to a document to
which the request relates, or to grant access to an edited copy of such a
document (including resources that would have to be used for examining the
document or consulting with any person or body in relation to the
request);

·       making a copy or an edited copy, of the document;

·       notifying any interim or final decision on the request;

·       any other matters in addition to those specified, in deciding
whether a practical refusal reason exists.

 

Request consultation process

 

You now have an opportunity to revise your request to enable it to
proceed.

 

For instance, you may wish to revise your request to narrow the scope of
documents. For example:

o correspondence relating to the 2022 federal election
o specifying a date range within which to search; and
o confirming that duplicates and purely administrative documents
(password rest emails, update your details requests, etc) are not in
scope.

 

Before the end of the 14 day consultation period, you must write to the
AEC Contact Officer below and either:

·       withdraw your request;

·       make a revised request; or

·       tell us that you do not wish to revise your request.

 

The 14 day consultation period will start on the day after you receive
this notice.

 

During this period, you are welcome to seek assistance from AEC to revise
your request. If you revise your request to adequately address the
practical refusal reasons outlined above, the AEC will recommence
processing it.

 

The time taken to consult you regarding the scope of your request is not
taken into account for the purposes of the 30 day time limit for
processing your request.

 

If you do not do one of the three things listed above during the
consultation period or you do not contact the AEC to discuss your request
during this period, your request will be taken to have been withdrawn.

 

Contact officer

 

If you would like to revise your request or have any questions, please
contact me at [4][AEC request email], or contact our enquiries line on 13 23
26.

 

Yours sincerely

 

Patrick

FOI Team

Australian Electoral Commission

T: 13 23 26

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

[5]Australian Electoral Commission logo [6]Australian Electoral Commission

 

References

Visible links
1. mailto:[AEC request email]
2. http://emailfooter.aec.gov.au/email/
3. http://emailfooter.aec.gov.au/email-promo/
4. mailto:[AEC request email]
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...

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