Road transfer / jurisdiction

Paddy Galvin made this Government Information (Public Access) request to NSW Department of Industry

This request has been withdrawn by the person who made it. There may be an explanation in the correspondence below.

From: Paddy Galvin

Delivered

Dear NSW Department of Industry,

One requirement of the Roads Act 1993 is for the administrating body to maintain records of all roads within that body's area.

The road of interest is marked on SIX MAPS, bordering DP 2541/1116965. I understand a section remains within your jurisdiction, although some was transfered in 2012

Would you be able to confirm, through adherence to Roads Act 1993 and other records such as mapping, surveys, or in documents provided by Local Government? In public interest.

Are you able to confirm, referencing documents, what route Taradale Road takes, going point to point, Federal Highway ~ Currawang Road? Would have any graphics - maps / photos / images of this road?

Yours faithfully,

Paddy Galvin

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From: Paddy Galvin

Delivered

Dear NSW Department of Industry,

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

I am writing to request an internal review of NSW Department of Industry's handling of my FOI request 'Road transfer / jurisdiction'.

For you have neither acknowledged or acted upon my request

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,

Paddy Galvin

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Locutus Sum left an annotation ()

It is unfortunate that Right to Know, who makes it so easy to do many things, also makes it easy to go down the wrong street and make a mistake.

The applicant has asked for and internal review of an FOI request but, to be accurate, it is not an FOI request (it is probably an application under the Government Information (Public Access) Act 2009, and the applicant has no right to a review. It sounds to be petty to say these things but the GIPA Act is strict.

The GIPA Act allows an applicant to make a formal application under the Act or an informal application. Section 41 starts by explaining that a request under the Act is not valid unless the application meets several criteria. One criterion is that an application fee has been paid. Also it must say that it is an application under the GIPA Act. If the application is a formal application then the applicant will (eventually) have some rights to review.

The applicant has not said that his application is an application under the GIPA Act, but it is more important that he has not paid a fee. Without this, his application is a request the "informal release of government information" an will be taken to be made under s 8. This is important because s 8(3) says "An agency cannot be required to disclose government information pursuant to an informal request and cannot be required to consider an informal request for government information". ... "CANNOT BE REQUIRED TO CONSIDER". Also, there are no rights for the applicant. None. So, no right of review. The best that an applicant can hope for is that the agency thinks it is a formal GIPA application but that also it is an invalid application. The s 52 ("Agency assistance with invalid applications") --- "An agency must provide advice and assistance, so far as it would be reasonable to expect the agency to do so, to assist an applicant to provide such information as may be necessary to enable the applicant to make a valid access application."

To the applicant: I hope the agency replies to your request for internal review. They should not conduct any review because there has not been a decision but they should offer to help you to make a valid application." Also, if this does not happen. Please send me a message. I will help.

The critical part of the request letter is, I think, "Would you be able to confirm, through adherence to Roads Act 1993 and other records such as mapping, surveys, or in documents provided by Local Government? In public interest." I do not understand this. I do not understand what the agency is being asked to confirm. I think that the sentence should have said maybe "Please confirm that Whatever-thing-I-wish-you-to-confirm." I also do not understand the little piece of sentence "In public interest". Maybe it is a statement that the release of the information would be in the public interest and this should be taken to overtake any objections to release, or maybe it is

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Locutus Sum left an annotation ()

LOL! I have made a mess in my annotation. The second last paragraph should be the last paragraph. I apologise but I cannot fix or edit it.

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From: GIPA Enquiries

Dear Sir/Madam,
I note you have made an FOI request to the NSW Department of Industry,
Skills and Regional Development. Strictly speaking, the Department
cannot process FOI applications as it is a NSW Department and not a
Commonwealth or Victorian Department. Having said that, I take it that you
are making an application for government information under the Government
Information Public Access Act 2009 (GIPA). In order for the application to
be valid it must comply with section 41 of the GIPA Act which reads as
follows:
41   How to make an access application

(1)  An application or other request for government information is not
a valid access application unless it complies with the following
requirements (the formal requirements) for access applications:

(a)  it must be in writing sent to or lodged at an office of the
agency concerned,

(b)  it must clearly indicate that it is an access application made
under this Act,

(c)  it must be accompanied by a fee of $30,

(d)  it must state a postal address as the address for
correspondence in connection with the application,

(e)  it must include such information as is reasonably necessary to
enable the government information applied for to be identified

I note that your application does not comply with b - d of s41 of the GIPA
Act. In order to make your application valid please provide a postal
address, $30 cheque/money order, payable to the NSW Department of
Industry, Skills and Regional Development and post to 
Manager, Governance and Information Requests
Governance and Information Requests Unit
Legal Branch
PO Box K348
HAYMARKET  NSW  2001
Once the Department has received your application, it will be forwarded to
a Governance Officer for processing.
For more information please visit
[1]http://www.industry.nsw.gov.au/about/acc....
For more information on your rights please
visit: [2]http://ipc.nsw.gov.au/resources-public 
Kind Regards,
Tim
Governance & Information Requests Unit
NSW Department of Industry
PO Box K348 | Haymarket NSW 2001 
T: 02 9934 0657 | E: [3][email address]   

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From: Paddy Galvin

Delivered

Dear GIPA Enquiries,

cheers

Yours sincerely,

Paddy Galvin

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Things to do with this request

Anyone:
NSW Department of Industry only: