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Snapshots sent to Commissioners

We're waiting for Verity Pane to read recent responses and update the status.

Attn Office of the Australian Information Commissioner,

This FOI is for copy of all internal emails sent to any Commissioner (including acting) that include "snapshot" (in any case - upper, lower, title) in the body of the email.

Personal details of third party private individuals and private businesses are out of scope.

Only the 100 most recent emails are in scope.

Verity Pane

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Our reference: FOIREQ22/00253

 

Dear Verity Pane

 

Freedom of Information request

 

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act).

 

You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 27 August 2022. This means that a decision on your
FOI request is currently due on 26 September 2022.

Scope of your request

Your FOI request was made in the following terms:

This FOI is for copy of all internal emails sent to any Commissioner
(including acting) that include "snapshot" (in any case - upper, lower,
title) in the body of the email.

Personal details of third party private individuals and private businesses
are out of scope.

Only the 100 most recent emails are in scope.

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 any consultation
process, unless we seek your permission. However, documents that are
within the scope of your request that we may need to consult third parties
about may contain your personal information.

Consultation on scope of request

I note that your request refers to ‘any Commissioner (including acting)’
however to ensure that we process your request correctly could you please
confirm whether the scope of your request includes all Commissioners,
Deputy Commissioners and Assistant Commissioners of the OAIC?
Alternatively, please advise if it is only intended to cover a particular
Commissioner(s).

I would appreciate a response to my questions above by COB 1 September
2022.

Timeframes for dealing with your request

Section 15 of the FOI Act requires the OAIC 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.

The current decision due date for your request is 26 September 2022. We
will advise you if this timeframe is otherwise extended.

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.

If you would like to discuss your FOI request, please contact me on my
contact details set out below.

Yours sincerely,
Janani

 

[1][IMG]   Janani Balasubramanian | 
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]
[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...

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Our reference: FOIREQ22/00253

 

Dear Verity Pane

 

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act) on 27 August 2022 and our email to
you of 31 August 2022, requesting clarification regarding the scope of
your request as follows:

 

Your FOI request was made in the following terms:

This FOI is for copy of all internal emails sent to any Commissioner
(including acting) that include "snapshot" (in any case - upper, lower,
title) in the body of the email.

Personal details of third party private individuals and private businesses
are out of scope.

Only the 100 most recent emails are in scope.

I note that your request refers to ‘any Commissioner (including acting)’
however to ensure that we process your request correctly could you please
confirm whether the scope of your request includes all Commissioners,
Deputy Commissioners and Assistant Commissioners of the OAIC?
Alternatively, please advise if it is only intended to cover a particular
Commissioner(s).

We have not yet received a response to this request for clarification. For
us to process your request as efficiently as possible, please respond to
us by COB Monday 12 September 2022.

If we do not hear from you by this time we will proceed with processing
your request on the basis that the scope of your request only includes
Information and Privacy Commissioner Angelene Falk and Freedom of
Information Commissioner Leo Hardiman.

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[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...

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Our reference: FOIREQ22/00253

 

Dear Verity Pane

 

We refer to the above FOI request.

 

Request for extension of time under s 15AA of the FOI Act

 

The OAIC has been processing your request FOIREQ22/00253 and have
identified a large number of documents within the scope of your request,
including attachments to emails.

 

Due to the voluminous nature of this request, in combination with the
OAIC’s high FOI caseload, the OAIC will require additional time to process
your request.

 

I am writing to seek your agreement to an extension of time of 14 days
under section 15AA of the FOI Act, in order to give us adequate time to
process your request and to ensure all internal consultations are able to
be completed, to allow us to release as much material to you as possible.

 

We would be most grateful if you could please consider granting us this
additional time to process this.

 

Request for further clarification of scope

 

Beyond our extension of time request, it would be much appreciated if you
could provide guidance as to whether you are happy for us to exclude
attachments to emails from the scope of your request.

 

It would be much appreciated if you could confirm as to whether you agree
to the requested extension of time, and also provide guidance on the
clarification of scope above by close of business Friday 23 September
2022. 

 

We thank you and look forward to hearing from you.

 

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[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...

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Dear Verity Pane

OAIC ref: FOIREQ22/00253

I refer to your request made under the Freedom of Information Act 1982
(Cth) (FOI Act).

Your request was received by the Office of the Australian Information
Commissioner (OAIC) on 27 August 2022.

Your request includes documents which contain third party information. 
Although you have excluded from your request the personal details of
individuals and private businesses, I have identified third parties that I
consider will need to be consulted under the FOI Act before I can make a
decision in relation to your request.    

For this reason, the period for processing your request has been extended
by 30 days to allow time for this consultation (see s 15(6) of the FOI
Act). This means that the processing period for your request will now end
on 26 October 2022.

The consultation mechanism under s 27 applies when we believe the person
or organisation concerned may wish to contend that the requested documents
are exempt for reasons of personal privacy and/or or may adversely affect
their business or financial affairs.

The FOI decision maker will consider any comments received as part of the
consultation process. However, the final decision about whether to grant
you access to the documents, rests with the FOI decision maker.

In the event that the FOI decision maker makes a decision to release
material, despite objection from a consulted third party, that third party
has review rights available to them should they wish to contest such a
decision.

We will not identify you as the FOI applicant during any consultation
process. Please note that documents that are within the scope of your
request may contain your personal information or information that may
identify you.

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[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...

Attn Molly,

Third party consultation only applies where information about a third party is proposed to be disclosed by an foi agency. As the scope of the request excluded information about third parties, your third party consultation claim is invalid.

The OAIC is engaging in an abuse by knowingly acting beyond their powers in your typically disgraceful conduct in breach of your statutory obligations.

Verity Pane

OAIC - Legal, Office of the Australian Information Commissioner

6 Attachments

OAIC ref: FOIREQ22/00253

 

Dear Verity Pane

 

Please find attached correspondence relating to the above FOI request.

 

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[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...

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

OAIC ref: FOIREQ22/00253

 

Dear Verity Pane

 

We refer to the above FOI request and our letter to you dated 3 October
2022 providing notice under section 24AB of the FOI Act.

 

In this letter, we provided notice of our intention to refuse access to
the documents you requested as a practical refusal due to the substantial
number of documents which may fall within the scope of the request, unless
you revised the request by Monday 17 October 2022.

 

As we did not receive a response from you by the deadline, your request
has taken to be withdrawn.

 

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[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...

Attn Office of the Australian Information Commissioner,

This FOI is for copy of all internal emails sent to any Commissioner (including acting) that include "snapshot" (in any case - upper, lower, title) in the body of the email.

Personal details of third party private individuals and private businesses are out of scope.

Only the 100 most recent emails are in scope.

For any practical refusal notice I give advance notice that I do not withdraw or vary my foi.

Verity Pane

Attn Office of the Australian Information Commissioner,

This is a seperate FOI for copy of the 10 emails and attachments used as a scoping bundle in FOIREQ22/00253 described as being a total of 290 pages.

Personal details of third party private individuals and private businesses are out of scope.

For any practical refusal consultation I do not vary or withdraw my foi.

Verity Pane

Attn OAIC

I make a separate foi for all documents containing third party consultations in OAIC ref: FOIREQ22/00253.

If a practical refusal consultation notice is issued I do not withdraw or vary my foi.

Verity Pane

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Our reference: FOIREQ22/00352

Dear Verity Pane

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).

Your FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 30 October 2022. This means that a decision on your
FOI request is currently due on 29 November 2022.

Scope of your request

In your email you seek access to the following:

“I make a separate foi for all documents containing third party
consultations in OAIC ref: FOIREQ22/00253.

 

If a practical refusal consultation notice is issued I do not withdraw or
vary my foi.”

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.

The current decision due date for your request is 29 November 2022. We
will advise you if this timeframe is otherwise extended.

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.

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

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[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...

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Our reference: FOIREQ22/00356

Dear Verity Pane

Freedom of Information request

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act).

You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 30 October 2022. This means that a decision on your
FOI request is currently due on 29 November 2022.

Scope of your request

Your FOI request was made in the following terms:

“This is a seperate FOI for copy of the 10 emails and attachments used as
a scoping bundle in FOIREQ22/00253 described as being a total of 290
pages.

 

Personal details of third party private individuals and private businesses
are out of scope.

 

For any practical refusal consultation I do not vary or withdraw my foi.”

 

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 any consultation
process, unless we seek your permission. 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 the OAIC 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.

The current decision due date for your request is 29 November 2022. We
will advise you if this timeframe is otherwise extended.

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.

If you would like to discuss your FOI request, please contact me on my
contact details set out below.

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[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...

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Our reference: FOIREQ22/00357

 

Dear Verity Pane

 

Freedom of Information request

 

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act).

You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 30 October 2022. This means that a decision on your
FOI request is currently due on 29 November 2022.

Scope of your request

Your FOI request was made in the following terms:

This FOI is for copy of all internal emails sent to any Commissioner
(including acting) that include "snapshot" (in any case - upper, lower,
title) in the body of the email.

 

Personal details of third party private individuals and private businesses
are out of scope.

 

Only the 100 most recent emails are in scope.

 

For any practical refusal notice I give advance notice that I do not
withdraw or vary my foi.

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 any consultation
process, unless we seek your permission. However, documents that are
within the scope of your request that we may need to consult third parties
about may contain your personal information.

 

Consultation on scope of request

I note that your request refers to ‘any Commissioner (including acting)’.
In your previous FOI request seeking similar information (FOIREQ22/00253)
we requested clarification from you regarding the scope of your request,
and as we did not receive a response we had interpreted your request to be
only referring to Information Commissioner Angelene Falk and FOI
Commissioner Leo Hardiman in that FOI request.

 

We have interpreted the scope in a similar manner here and would be
grateful if you can please confirm by Friday 4 November 2022. If we do not
hear from you by this time we will proceed with processing your request on
the basis that the scope of your request only includes Information and
Privacy Commissioner Angelene Falk and Freedom of Information Commissioner
Leo Hardiman.

Timeframes for dealing with your request

Section 15 of the FOI Act requires the OAIC 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.

 

The current decision due date for your request is 29 November 2022. We
will advise you if this timeframe is otherwise extended.

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.

If you would like to discuss your FOI request, please contact me on my
contact details set out below.

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[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...

OAIC - Legal, Office of the Australian Information Commissioner

6 Attachments

OAIC ref: FOIREQ22/00357

 

Dear Verity Pane

 

Please find attached correspondence relating to the above FOI request.

 

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[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...

OAIC - Legal, Office of the Australian Information Commissioner

5 Attachments

Our reference: FOIREQ22/00356

Dear Verity Pane

I refer to your request made under the Freedom of Information Act 1982
(Cth) (FOI Act).

Your request was received by the Office of the Australian Information
Commissioner (OAIC) on 30 October 2022.

Your request includes documents which contain information concerning
international organisations. Accordingly, the OAIC has determined it is
appropriate to consult those organisations under the FOI Act before making
a decision on the release of those documents.

For this reason, the period for processing your request has been extended
by 30 days to allow time for this consultation (see ss 15(7) and 15(8) of
the FOI Act). This means that the processing period for your request will
now end on 29 December 2022.

The consultation mechanism under section 15(8) applies when the OAIC
believes it is appropriate to extend the processing period so that we can
consult the relevant organisations and authorities, and determine whether
the relevant documents are exempt documents under section 33(a)(iii) or
section 33(b) (international relations) of the FOI Act.

The FOI decision maker will consider any comments received as part of the
consultation process. However, the final decision about whether to grant
you access to the documents rests with the FOI decision maker.

We will not identify you as the FOI applicant during any consultation
process. Please note that documents that are within the scope of your
request may contain your personal information or information that may
identify you.

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
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OAIC - Legal, Office of the Australian Information Commissioner

6 Attachments

Our reference: FOIREQ22/00352

Dear Verity Pane

Please find attached decision in relation to the above matter.

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[3][email address]
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switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
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Attn OAIC - Legal,

What a disgraceful set of decisions and notices we have here.

1) The Third Party consultation (TPC) notice the OAIC used to give itself another 30 days in FOIREQ22/00253 is revealed in FOIREQ22/00352 to have been a bogus TPC in that the OAIC never contacted any third party.

Sections 26A, 27 and 27A are only to be used for genuine TPC and not as an unlawful mechanism to act as a barrier to access to delay decision making beyond that lawfully allowed. Particularly when that extra time is used instead to make a practical refusal decision intended from day one of the application being received.

The foi scope required no greater effort that to keyword search the email inboxes of the Commissioners for the keyword "snapshot" - a task that takes far less than the two hours alleged by the OAIC given this is a overwhelming simple automated search activity. Similarly the foi only copy of the internal emails - not attachments - but these were included to grossly exaggerate page count and time using the highly excessive 4 minutes per page which well exceeds that reasonable for reviewing an email page of non-technical information. That practical refusal was just as crooked as the bogus TPC. You also took intentional advantage of the fact that I don't hover on my fois every day to slip a consultation in without notice.

That is why I made the foi application afresh on 30 October.

2) That fresh application explicitly stated that any practical refusal consultation notice given in FOIREQ22/00357 received a notice of no withdrawal. That means the practical refusal consultation issued on 3 October was invalid as I had already given advance notice in my foi that such a consultation request was to receive a "not withdrawn" response. FOIREQ22/00357 could not be assumed to be withdrawn making the notice of 22 November invalid. Deemed refusal was therefore received on 29 November.

3) Another bogus TPC on FOIREQ22/00356 of documents the OAIC already claimed TPC on in FOIREQ22/00253. The ethical turpitude involved is breath-taking.

This is a IC review application for the deemed decision in FOIREQ22/00357 given the notice of 22 Nov was invalid as the practical refusal consultation was already answered before it was even issued as not being varied or withdrawn. The only legally valid decisions the OAIC could make in such circumstances is a practical refusal decision or a decision on access. As such, no decision was made and a deemed access refusal decision occurred.

This is also a fresh foi application for all records of third party consultation in FOIREQ22/00356, and the Resolve reports for FOIREQ22/00253, FOIREQ22/00352, FOIREQ22/00356, FOIREQ22/00357 which s 15(5)(b) requires decision must be given by 3 January. In the event of a practical refusal consultation being issued I give advance response that I do not withdraw or vary my foi application in response to such a notice.

Verity Pane

OAIC - Legal, Office of the Australian Information Commissioner

6 Attachments

Our reference: FOIREQ22/00421

Dear Verity Pane

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 4 December 2022.

Scope of your request

In your email you seek access to the following:

This is also a fresh foi application for all records of third party
consultation in FOIREQ22/00356, and the Resolve reports for
FOIREQ22/00253, FOIREQ22/00352, FOIREQ22/00356, FOIREQ22/00357 which s
15(5)(b) requires decision must be given by 3 January. In the event of a
practical refusal consultation being issued I give advance response that I
do not withdraw or vary my foi application in response to such a notice.

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.

As we received your request on 4 December 2022, we must process your
request by 3 January 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.

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

Regards,

 

[1]O A I C logo   Alessia Mercuri | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

(02) 9246 0488 | 
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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: FOIREQ22/00357

 

Dear Verity Pane

 

We refer to the above FOI request and our letter to you dated 22 November
2022 providing notice under section 24AB of the FOI Act.

 

In this letter, we provided notice of our intention to refuse access to
the documents you requested as a practical refusal due to the substantial
number of documents which may fall within the scope of the request, unless
you revised the request by Tuesday 6 December 2022.

 

As we did not receive a response from you by the deadline, your request
has been taken to be withdrawn.

 

Kind regards

 

Molly

 

[1]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[3][email address]
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[9]Shape Description automatically generated with low confidence

Please note the OAIC will be closed from Saturday 24 December 2022 and
will reopen on Tuesday 3 January 2023. I will return on Wednesday 4
January 2023.

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

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