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s 55G substitions

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Dear Office of the Australian Information Commissioner,

I request copy of all s 55G substituted decisions received by the Office of the Australian Information Commissioner since 1 January 2020, since a request must be a request for documents.

Based on an earlier request, the OAIC states that Resolve has recorded and identified s 55G decisions since 'approximately Dec 2019'. It is unclear why the OAIC did not record such decisions in a searchable way beforehand, given the significant potential for abuse with such s 55G decisions.

It may be simpler to provide a table of the date the s 55G decision was received by the Office of the Australian Information Commissioner, the FOI agency it was received from, and the date of the original FOI request (not the decision date) the s 55G substitution relates to (as the s 55G decision states this).

While the OAIC may not be obligated to provide such a table in lieu, agencies have produced such tables under s 17 despite some manual intervention involved (see https://www.righttoknow.org.au/request/6... for example), because of the efficiency of not having to assess more information than has been requested.

FOI does stand for 'freedom of [official] information', and the object of the Act is to not unnecessarily or unethically take an artificial prescriptive stance contrary to the objects of the Act.

Ciao

Julie

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Our reference: FOIREQ22/00141

Dear Julie

Freedom of Information request

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (the FOI Act) and received by the Office of the
Australian Information Commissioner (OAIC) on 6 June 2022.

Scope of your request

In your email you seek access to the following:

“I request copy of all s 55G substituted decisions received by the Office
of the Australian Information Commissioner since 1 January 2020, since a
request must be a request for documents.

 

Based on an earlier request, the OAIC states that Resolve has recorded and
identified s 55G decisions since 'approximately Dec 2019'. It is unclear
why the OAIC did not record such decisions in a searchable way beforehand,
given the significant potential for abuse with such s 55G decisions.

 

It may be simpler to provide a table of the date the s 55G decision was
received by the Office of the Australian Information Commissioner, the FOI
agency it was received from, and the date of the original FOI request (not
the decision date) the s 55G substitution relates to (as the s 55G
decision states this).

 

While the OAIC may not be obligated to provide such a table in lieu,
agencies have produced such tables under s 17 despite some manual
intervention involved (see
https://www.righttoknow.org.au/request/6...
for example), because of the efficiency of not having to assess more
information than has been requested.”

Could you please clarify the scope of your request. Would you please
kindly advise whether:

 1. you are seeking copies of the actual 55G decisions, or
 2. a table including the date the decision was received, the FOI agency
it was received from and the date of the original FOI request, or
 3. both of the above?

 

We would be grateful if you can please kindly let us know by close of
business on Thursday 9 June 2022. If we do not hear from you by this date
we will assume that you would like to access both a copy of the actual 55G
decision and a table outlined in your FOI request.

In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.

We will not identify you as the FOI applicant during and consultation
process. However, documents that are within the scope of your request that
we may need to consult third parties about may contain your personal
information.

Timeframes for dealing with your request

Section 15 of the FOI Act requires this office to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.

Noting the amount of personal and business information that may be
contained in the 55G decisions, if you are indeed seeking a copy of the
actual 55G decisions, would you please kindly advise whether you are
willing to exclude personal and business information from your FOI
request? Third party consultation may not be required if you are willing
to exclude personal and business information from the scope of your
request.

As we received your request on 6 June 2022, we must process your request
by 6 July 2022.

Disclosure Log

Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.

Next Steps

Could you please respond to this email with a clarification of the scope
of your requests, and whether you are willing to exclude personal and
business information from the scope of your request, by close of business
Thursday 9 June 2022.

If you would like to discuss this matter please contact me on my contact
details set out below.

Regards

[1][IMG] Toby Shanks | Paralegal

Legal Services

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au

1300 363 992 |
[3][email address]
[4]Facebook | [5]LinkedIn | [6]Twitter | [7]Subscribe [8]Subscribe to
icon Information Matters

 

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
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References

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OAIC - Legal, Office of the Australian Information Commissioner

6 Attachments

OAIC ref: FOIREQ22/00141

 

Dear Julie

 

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (the FOI Act) and received by the Office of the
Australian Information Commissioner (OAIC) on 6 June 2022.

 

Please find attached our letter to you of today’s date seeking your
response.

 

Please kindly provide your response by Wednesday 13 July 2022.

 

We look forward to hearing from you.

 

Kind regards

Margaret

 

 

[1]O A I C logo   Margaret Sui |  Senior Lawyer

Legal Services

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [2]oaic.gov.au

+61 2 9942 4145  |
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter |   icon Information
Matters

 

 

 

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.oaic.gov.au/
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...

We don't know whether the most recent response to this request contains information or not – if you are Julie please sign in and let everyone know.