Review of Australian drug diversion programs (2)

Will Tregoning made this Freedom of Information request to Department of Health

The request was successful.

From: Will Tregoning

Delivered

Dear Department of Health,

This request is an application for the purposes of the Freedom of Information Act 1982 (FOI Act) (s15(2)(aa))

I understand that a review of Australian diversion schemes for drug consumer offences has recently been completed for the Department.

I made a request to access the report on February 19 2019.

The response from your Department, dated February 27, included the advice that

'Preliminary searches undertaken indicate that the Department does not appear to hold any documents within the scope of your request.

For your information, there was a report that Western Australian Police prepared for consideration by the National Drug Strategy Committee in April 2017 - Review of Police Drug Diversion.

On that basis, please confirm if you would like the Department’s FOI unit to make a formal FOI decision that we hold no documents, or alternatively please confirm if you would like to withdraw your request.

If the FOI unit does not hear from you by COB Thursday, 28 February 2019 indicating your preferred option, we will consider your request withdrawn.'

Accordingly, I have sought additional information about the document, and have now submitted this new request.

The details of the publication I am seeking are as follows -

Hughes C, Seear K, Ritter A, Mazerolle L. Criminal justice responses relating to personal use and possession of illicit drugs: The reach of Australian drug diversion programs and barriers and facilitators to expansion. A report for the Commonwealth Department of Health. Sydney: National Drug and Alcohol Research Centre, UNSW.

Could you please supply a copy of this report.

Yours faithfully,

Will Tregoning

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From: FOI
Department of Health


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Dear Mr Tregoning

 

The FOI unit would like to discuss your matter.

 

Please contact the FOI Unit on (02) 6289 1666 or email at
[1][email address].

 

Kind regards

 

Chantal

FOI Unit

[2]cid:image002.png@01D152AA.D704F7C0

Legal Advice & Legislation Branch

Legal & Assurance Division

Australian Government Department of Health

T: (02) 6289 1666 | E: [3][Health request email]

 

PO Box 9848, Canberra ACT 2601, Australia

 

The Department of Health acknowledges the traditional owners of country
throughout Australia, and their continuing connection to land, sea and
community. We pay our respects to them and their cultures, and to elders
both past and present.

 

If you receive this email in error, please delete it and contact the
sender immediately.

 

 

 

 

 

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From: FOI
Department of Health


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Dear Mr Tregoning

 

I refer to your Freedom of Information request to the Department of Health
(the Department) seeking access to:

 

‘Hughes C, Seear K, Ritter A, Mazerolle L. Criminal justice responses
relating to personal use and possession of illicit drugs: The reach of
Australian drug diversion programs and barriers and facilitators to
expansion. A report for the Commonwealth Department of Health. Sydney:
National Drug and Alcohol Research Centre, UNSW.’

 

This document is due to be published in early June 2019. On this basis,
please confirm if you would like the Department to make a formal FOI
decision, or alternatively confirm if you would like to withdraw your
request. If the Department does not hear from you by COB Tuesday 21 May
2019 indicating your preferred way forward, we will consider your request
withdrawn.

 

Kind regards

 

FOI Unit

[1]cid:image002.png@01D152AA.D704F7C0

Legal Advice & Legislation Branch

Legal & Assurance Division

Australian Government Department of Health

T: (02) 6289 1666 | E: [2][Health request email]

 

PO Box 9848, Canberra ACT 2601, Australia

 

The Department of Health acknowledges the traditional owners of country
throughout Australia, and their continuing connection to land, sea and
community. We pay our respects to them and their cultures, and to elders
both past and present.

 

If you receive this email in error, please delete it and contact the
sender immediately.

 

 

 

 

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From: Will Tregoning

Delivered

Dear people of the FOI unit,

thank you for the update. Yes I would like the unit to make a formal FOI decision.

The reason for that is that I think this will be an important and useful publication. It's commendable that the Department has commissioned it. Publishing policy reviews like this one more promptly would be great.

Yours sincerely,

Will Tregoning

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From: FOI
Department of Health


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Dear Mr Tregoning

 

I refer to your request to the Department of Health (Department) 2 May
2019 2019 seeking access under the Freedom of Information Act 1982 (FOI
Act) to:

‘Hughes C, Seear K, Ritter A, Mazerolle L. Criminal justice responses 
relating to personal use and possession of illicit drugs: The reach of 
Australian drug diversion programs and barriers and facilitators to 
expansion. A report for the Commonwealth Department of Health. Sydney:
National Drug and Alcohol Research Centre, UNSW.’

 

Notice of Liability to Pay a Charge

 

Ms Kristin English, Director – Freedom of Information, an officer
authorised under section 23(1) of the FOI Act to make decisions in
relation to freedom of information charges, has decided that you are
liable to pay a charge in respect of the processing of your request.

 

Preliminary Assessment

 

In accordance with section 29 of the FOI Act and the Freedom of
Information (Charges) Regulations 2019, my preliminary assessment of the
charge you are liable to pay is $62.00.

 

This has been calculated as follows:

 

search and 1.0167 $15.25
retrieval hours
time @
(including $15.00
time spent per
locating hour
relevant
files and
collating
relevant
documents
contained on
those files)
decision 7.3375 $146.75
making time hours
(including @  
time spent $20.00
examining the per ($100.00)
documents, hour
considering
exemptions,  
undertaking
consultation, Less
writing the first
decision and 5
preparing any hours
documents for free
release)
TOTAL $62.00

 

Deposit

 

Ms English has also decided that you are required to pay a deposit of
$20.00. Payment of a deposit is taken as your authority to proceed with
processing of your request and your agreement to pay the full charge in
which case you will become liable to the Commonwealth for the full cost of
processing the charge.

 

Payment

 

The Department can accept credit card, money order or cheque payments.

 

If you choose to pay by cheque (personal or bank) or money order it should
be sent to the following:

FOI Unit (MDP 516)

Department of Health

GPO Box 9848

CANBERRA ACT 2601

 

If you wish to pay by credit card, please contact the Department’s FOI
unit on (02) 6289 1666 to be further advised.

 

Response

 

Under the FOI Act, you have 30 days to respond in writing to this notice.
You must, within 30 days after this notice is given, do one of the
following things in writing: (i) advise the Department that you agree to
pay the charge, or (ii) advise the Department that you contend that the
charge has been wrongly assessed, or should be reduced or not imposed,
giving reasons for your contention, or (iii) advise the Department that
you withdraw the request for access to the documents concerned. Please
send your response to the above postal address or [1]this email address.
If you do not provide a response within 30 days, your freedom of
information request will be taken to have been withdrawn.

 

If you choose to make a contention that the charge should be reduced or
not imposed, the Department must, in making a decision on your contention,
take into account the matters set out in section 29(5) of the FOI Act or
any relevant matter.

 

Processing time

 

Processing of your request and counting the 30 calendar days are suspended
from the date you receive this notice and resume either when you pay the
deposit or when any contention you make about the charge has been
resolved.

 

Relevant provisions

 

The FOI Act, including the provisions referred to in this email, can be
accessed from the Federal Register of Legislation website.

 

If you require clarification of any of the matters discussed in this
letter you should contact the Department’s FOI Unit on (02) 6289 1666, or
by email at [2][email address].

 

Kind regards

 

 

FOI Unit

[3]cid:image002.png@01D152AA.D704F7C0

Legal Advice & Legislation Branch

Legal & Assurance Division

Australian Government Department of Health

T: (02) 6289 1666 | E: [4][Health request email]

 

PO Box 9848, Canberra ACT 2601, Australia

 

The Department of Health acknowledges the traditional owners of country
throughout Australia, and their continuing connection to land, sea and
community. We pay our respects to them and their cultures, and to elders
both past and present.

 

If you receive this email in error, please delete it and contact the
sender immediately.

 

 

 

 

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From: Will Tregoning

Delivered

Dear FOI Unit,

Thanks for your correspondence dated May 23.

I wish to contend the assessment that I am liable to pay a charge.

With reference to FREEDOM OF INFORMATION ACT 1982 - SECT 29, Part 5 (b), I contend that the release of the document requested is in the interest of a substantial section of the public. The reason is that public access to this document will help improve quality in a major area of policy and service delivery.

Yours sincerely,

Will Tregoning

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From: FOI
Department of Health


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Dear Mr Tregoning

 

The document to which you seek access is publicly available and can be
found at the following link:

 

[1]https://ndarc.med.unsw.edu.au/resource/2...

 

The Department will now consider your request withdrawn.

 

Kind regards

 

 

FOI Unit

[2]cid:image002.png@01D152AA.D704F7C0

Legal Advice & Legislation Branch

Legal & Assurance Division

Australian Government Department of Health

T: (02) 6289 1666 | E: [3][Health request email]

 

PO Box 9848, Canberra ACT 2601, Australia

 

The Department of Health acknowledges the traditional owners of country
throughout Australia, and their continuing connection to land, sea and
community. We pay our respects to them and their cultures, and to elders
both past and present.

 

If you receive this email in error, please delete it and contact the
sender immediately.

 

 

 

show quoted sections

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