Mary-Ann MARTINEK

Dear Department of Defence,

Reference:
A. https://www.oaic.gov.au/freedom-of-infor...
B. My Email 13 July 2021 to FOI Office ADF

a document that is out of date, misleading or incorrect can be annotated in accordance with Reference A.

Under the FOI Act I am applying to the CDF ADF and ADF FOI Officer to annotate my 1998-2001 Central Medical Record MECRB Pm518, DM42 and Final Health Questionnaire with the Sect37 CSC Decision.

Yours faithfully,

Mary-Ann MARTINEK

FOI, Department of Defence

1 Attachment

OFFICIAL
Dear Ms Martinek

Thank you for your email below in which you requested a record to be annotated under the Freedom of Information Act 1982 (FOI Act).

Your request does not currently meet the requirements for the Department of Defence (Defence) to annotate the record under the FOI Act.

To assist us in processing your request, please complete the form attached which will help you provide the information needed to make a valid request. Further information can be found at: https://www1.defence.gov.au/adf-members-...

Thank you and regards

Kathryn
t (02) 6132 7927
FOI email: [email address]

IMPORTANT: This email remains the property of the Department of Defence. Unauthorised communication and dealing with the information in the email may be a serious criminal offence. If you have received this email in error, you are requested to contact the sender and delete the email immediately.

-----Original Message-----
From: Mary-Ann MARTINEK <[FOI #7582 email]>
Sent: Tuesday, 13 July 2021 10:47 PM
To: FOI requests at Defence <[Defence request email]>
Subject: Freedom of Information request - Request to Annotate

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Dear Department of Defence,

Reference:
A. https://www.oaic.gov.au/freedom-of-infor...
B. My Email 13 July 2021 to FOI Office ADF

a document that is out of date, misleading or incorrect can be annotated in accordance with Reference A.

Under the FOI Act I am applying to the CDF ADF and ADF FOI Officer to annotate my 1998-2001 Central Medical Record MECRB Pm518, DM42 and Final Health Questionnaire with the Sect37 CSC Decision.

Yours faithfully,

Mary-Ann MARTINEK

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

Please use this email address for all replies to this request:
[FOI #7582 email]

Is [Defence request email] the wrong address for Freedom of Information requests to Department of Defence? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...

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:
https://www.righttoknow.org.au/help/offi...

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.

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

hide quoted sections

Mary-Ann MARTINEK

Dear FOI,

Thankyou. I will complete the form you have attached.

Yours sincerely,

Mary-Ann MARTINEK

Mary-Ann MARTINEK

Dear Department of Defence,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Defence's handling of my FOI request 'Request to Annotate'.

[ My request to have my Medical MECRB record annotated has been ignored. ]

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 faithfully,

Mary-Ann MARTINEK

FOI, Department of Defence

3 Attachments

OFFICIAL

Good afternoon,

 

Thank you for contacting Freedom of Information at the Department of
Defence.

Defence cannot conduct an internal review of your request for annotation
submitted on 13 July 2021 as your original request did not meet the
requirements under section 51A of the FOI Act for an application for
annotation of your personal records.

 

Section 51A of the FOI Act sets out the following requirements for an
application for annotation of your personal records:

 An application for annotation must:

                     (a)  be in writing; and

                     (b)  as far as practicable, specify
the [1]document or official [2]document containing the record
of [3]personal information that is claimed to require annotation; and

                     (c)  be accompanied by a [4]statement by
the [5]applicant that specifies:

                              (i)  the information that is claimed to be
incomplete, incorrect, out of date or misleading; and

                             (ii)  whether the information is claimed to
be incomplete, incorrect, out of date or misleading; and

                            (iii)  the [6]applicant's reasons for so
claiming; and

                            (iv)  such other information as would make the
information complete, correct, up to date or not misleading; and

 

Specifically, your request did not meet the requirements set out under
section 51A(c)(i), 51A(c)(ii), 51A(c)(iii) and 51A(c)(iv) of the FOI Act.

 

On 14 July 2021 the attached response was sent to you advising that your
requests did not meet the requirements for an application for annotation
of your personal records and providing you with a form that could be used
to assist you with providing the required information to submit a valid
request. In response to this email you advised that you would complete the
form provided and return it, Defence did not receive the completed form as
advised and your request was closed without further action.

 

If you would like to submit a new request for the annotations requests I
am happy to assist you with submitting a request that meet the
requirements under the FOI Act. The form previously provided (included
with the attached email) provides all the required fields to submit a
valid request. If you would prefer to submit your request through email
instead of completing the form then please provide the information
outlined above along with a copy of the document from CSC that you would
like attached to your medical records along with the annotation referring
to it.

 

Please let me know if you require further assistance with submitting a
request for annotation of your personal request that will meet the
requirements set out in the FOI Act.

 

Kind regards,

Freedom of Information
Media and Information Disclosure Branch
Ministerial and Executive Coordination & Communication Division
Department of Defence

e: [7][email address]

w: [8]https://defence.gov.au/foi/

IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.

 

 

References

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2. http://www5.austlii.edu.au/au/legis/cth/...
3. http://www5.austlii.edu.au/au/legis/cth/...
4. http://www5.austlii.edu.au/au/legis/cth/...
5. http://www5.austlii.edu.au/au/legis/cth/...
6. http://www5.austlii.edu.au/au/legis/cth/...
7. mailto:[email address]
8. https://defence.gov.au/foi/