Request for Correspondence
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.
The timeframe for this request is 1st July 2019 and 30th June 2022.
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
Our reference: LEX3513
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.
The timeframe for this request is 1st July 2019 and 30th June 2022.
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 19 January 2023, 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 20 February 2023. 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 #9805 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
Our reference: LEX3627
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.
The timeframe for this request is 1st July 2019 and 30th June 2022.
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
We note that this request is almost identical to a previous FOI request
received by the AEC. However, this request specifies a timeframe of 1 July
2019 to 30 June 2022.
We have consulted with the relevant line areas and 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;
· partially publicly available on the [1]AEC Transparency
Register; and also
· largely constitutes documents of a purely administrative nature.
This includes standard format emails such as:
a. Applications to Register;
b. Acknowledgement of Receipts;
c. Reminder Letters (eg. Obligation to lodge);
d. Annual Return Letters;
e. Notification emails (eg. your return is publicly available); and
f. Password Resets.
Including these emails would greatly increase the processing/review time.
As a result of this, despite being restricted to a timeframe of three
years, processing your request would result in a substantial and
unreasonable impact on resourcing and I am considering making a 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 separating your request to allow the AEC to deal with documents
relating to each identified individual separately; 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 to negotiate an reasonable scope:
· 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 [2][AEC request email], or contact our enquiries line on 13 23
26.
Yours sincerely
Patrick
FOI Team
Australian Electoral Commission
T: 13 23 26
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[3]Australian Electoral Commission logo [4]Australian Electoral Commission
References
Visible links
1. https://transparency.aec.gov.au/
2. mailto:[AEC request email]
3. http://emailfooter.aec.gov.au/email/
4. http://emailfooter.aec.gov.au/email-promo/
Our reference: LEX3627
Dear Andorra Loom
Your requests for documents
I refer to our below correspondence dated 10 February 2023.
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: Friday, 10 February 2023 2:26 PM
To: Andorra Loom <[FOI #9805 email]>
Cc: FOI <[email address]>
Subject: Your Freedom of Information Request - section 24AB consultation -
LEX3627 [SEC=OFFICIAL]
Our reference: LEX3627
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.
The timeframe for this request is 1st July 2019 and 30th June 2022.
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
We note that this request is almost identical to a previous FOI request
received by the AEC. However, this request specifies a timeframe of 1 July
2019 to 30 June 2022.
We have consulted with the relevant line areas and 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;
· partially publicly available on the [4]AEC Transparency
Register; and also
· largely constitutes documents of a purely administrative nature.
This includes standard format emails such as:
a. Applications to Register;
b. Acknowledgement of Receipts;
c. Reminder Letters (eg. Obligation to lodge);
d. Annual Return Letters;
e. Notification emails (eg. your return is publicly available); and
f. Password Resets.
Including these emails would greatly increase the processing/review time.
As a result of this, despite being restricted to a timeframe of three
years, processing your request would result in a substantial and
unreasonable impact on resourcing and I am considering making a 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 separating your request to allow the AEC to deal with documents
relating to each identified individual separately; 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 to negotiate an reasonable scope:
· 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 [5][AEC request email], or contact our enquiries line on 13 23
26.
Yours sincerely
Patrick
FOI Team
Australian Electoral Commission
T: 13 23 26
--------------------------------------------------------------------------
[6]Australian Electoral Commission logo [7]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. https://transparency.aec.gov.au/
5. mailto:[AEC request email]
6. http://emailfooter.aec.gov.au/email/
7. http://emailfooter.aec.gov.au/email-promo/