Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020
Dear Federal Circuit Court of Australia,
Under the FOI Act 1982 I request access to all documents of an administrative nature relating to Judge Vasta's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020.
Yours faithfully,
Waldek
OFFICIAL
Dear Waldek
I acknowledge receipt of your email sent on 30 August 2023 containing a request under the Freedom of Information Act 1982 (Cth) (the FOI Act).
You will receive a response within 30 days in accordance with s 15(5) of the FOI Act.
Kind Regards
Amanda
Freedom of Information Officer
Customer Service
Federal Circuit and Family Court of Australia
p. 1300 352 000 - family law matters | p. 1300 720 980 – federal law matters
e. [email address] w. www.fcfcoa.gov.au
I acknowledge the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the traditional custodians of the lands where we live, learn and work.
OFFICIAL
Dear Waldek
Please find attached a response to your request.
Kind Regards,
Customer Service
Federal Circuit and Family Court of Australia
I acknowledge the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the traditional custodians of the lands where we live, learn and work.
Dear Ms Morris,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Federal Circuit Court of Australia's handling of my FOI request 'Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020'.
I requested access to all documents of AN ADMINISTRATIVE NATURE relating to Judge Vasta's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020.
If there are documents of an administrative nature relating to Judge Vasta's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020 in the control of the Federal Circuit and Family Court of Australia, please make a lawful decision in respect of them.
If there are no documents of an administrative nature relating to Judge Vasta's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020 in the control of the Federal Circuit and Family Court of Australia, then you must refuse to grant access pursuant to section 24A of the FOI Act.
Yours reasons for decision have no relevance to my request.
It took you 30 days to come up with an irrelevant decision. Well done.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/s...
Yours faithfully,
Waldek
OFFICIAL
Dear Waldek,
I acknowledge receipt of your below request for internal review.
A further response will be provided in due course.
Kind regards,
Laris
Customer Service
Federal Circuit and Family Court of Australia
p. 1300 352 000 – family law matters | p. 1300 720 980 – federal law matters
e. [email address] w. www.fcfcoa.gov.au
I acknowledge the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the traditional custodians of the lands where we live, learn and work.
OFFICIAL
Dear Waldek
Please find attached a response to your internal review request.
Kind Regards,
Customer Service
Federal Circuit and Family Court of Australia
I acknowledge the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the traditional custodians of the lands where we live, learn and work.
[1]Office of the Australian Information Reference Code:
Commissioner ICR_10-55570867-4107
You submitted a form called: FOI Review_
Your form reference code is: ICR_10-55570867-4107
To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
Note: Please do not reply to this auto-generated email.
References
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4. mailto:[email address]
[1]Office of the Australian Information Reference Code:
Commissioner ICR_10-55570924-4108
You submitted a form called: FOI Review_
Your form reference code is: ICR_10-55570924-4108
To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
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References
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3. file:///tmp/tel:1300 363 992
4. mailto:[email address]
Our reference: MR23/01375
By email: [FOI #10636 email]
Receipt of your IC review application
Thank you for your application for Information Commissioner Review (IC
review).
The Office of the Australian Information Commissioner (OAIC) is
considering your application.
If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [email address] and quote MR23/01375.
Yours sincerely
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
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.
Our reference: MR23/01376
By email: [FOI #10636 email]
Receipt of your IC review application
Thank you for your application for Information Commissioner Review (IC
review).
The Office of the Australian Information Commissioner (OAIC) is
considering your application.
If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [email address] and quote MR23/01376.
Yours sincerely
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
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.
Our reference: MR23/01376
Agency reference: FOI23/463
By email: [1][FOI #10636 email]
Your review application about the Attorney-General’s Department
Dear Mr Lupinski
Thank you for your application for Information Commissioner review. We
have today informed the Attorney-General’s Department that the Information
Commissioner will undertake an IC review and requested information to
assist with progressing the review.
Due to the number of IC review applications on hand, and the need to
prioritise IC review applications that were received earlier, I am unable
to provide a timeframe on when you will next receive correspondence from
the OAIC.
To assist you in determining an approximate timeframe, the OAIC is
currently focusing on the case management and finalisation of aged
matters, particularly those IC review applications that were received in
2019, 2020 and any others that remain on hand. The OAIC received your
application for IC review on 14 November 2023.
As such, we will provide you with an update when we have heard from the
Attorney-General’s Department.
Kind regards,
[2][IMG] Hannah Holswilder
Director, Freedom of Information Branch
Office of the Australian Information Commissioner
Adelaide | GPO Box 5288 Sydney NSW 2001
E [3][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[4]Subscribe to 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
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1. mailto:[FOI #10636 email]
2. https://www.oaic.gov.au/
3. mailto:[email address]
4. https://www.oaic.gov.au/engage-with-us/n...
Our reference MR23/01375
Agency reference: FOI23/465
By email: [1][FOI #10636 email]
Your review application about the Attorney-General’s Department
Dear Mr Lupinski
Thank you for your application for Information Commissioner review. We
have today informed the Attorney-General’s Department that the Information
Commissioner will undertake an IC review and requested information to
assist with progressing the review.
Due to the number of IC review applications on hand, and the need to
prioritise IC review applications that were received earlier, I am unable
to provide a timeframe on when you will next receive correspondence from
the OAIC.
To assist you in determining an approximate timeframe, the OAIC is
currently focusing on the case management and finalisation of aged
matters, particularly those IC review applications that were received in
2019, 2020 and any others that remain on hand. The OAIC received your
application for IC review on 14 November 2023.
As such, we will provide you with an update when we have heard from the
Attorney-General’s Department.
Kind regards,
[2][IMG] Hannah Holswilder
Director, Freedom of Information Branch
Office of the Australian Information Commissioner
Adelaide | GPO Box 5288 Sydney NSW 2001
E [3][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[4]Subscribe to 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. mailto:[FOI #10636 email]
2. https://www.oaic.gov.au/
3. mailto:[email address]
4. https://www.oaic.gov.au/engage-with-us/n...
Our reference MR23/01375
Attorney-General reference: AGOFOI23/465
Attorney-General’s Department reference: FOI23/500
By email: [1][FOI #10636 email]
Your review application about the Attorney-General’s Department
Dear Mr Lupinski,
Today, the Office of the Australian Information Commissioner (the OAIC)
was provided clarification as to the correct reference number for your
Freedom of Information request.
The Attorney-General’s Department (the Department) advised the OAIC that
on 15 September 2023, the Department accepted transfer of your request
from the Attorney-General.
The new reference number for your request, generated upon allocation to
the Department, is FOI23/500.
The OAIC will continue to provide you with an update when we next hear
from the Department.
I apologise for any confusion caused.
Kind regards,
[2][IMG] Georgia Furlong (she/her)
Review Advisor
Freedom of Information Branch
Office of the Australian Information Commissioner
Canberra
P 1300 363 992 E [3][email address]
[4]Animated colourful geometric shapes on a blue background. Text reads:
'Happy holidays from our team to yours'.
Please note the OAIC will be closed from Saturday 23 December 2023 and
will reopen on Tuesday 2 January 2024.
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[5]Subscribe to Information Matters
From: OAIC - FOI DR
Sent: Monday, November 27, 2023 12:38 PM
To: [FOI #10636 email]
Subject: OAIC – MR23/01375 - Your IC review application about the
Attorney-General’s Department- Notification of Commencement
Our reference MR23/01375
Agency reference: FOI23/465
By email: [6][FOI #10636 email]
Your review application about the Attorney-General’s Department
Dear Mr Lupinski
Thank you for your application for Information Commissioner review. We
have today informed the Attorney-General’s Department that the Information
Commissioner will undertake an IC review and requested information to
assist with progressing the review.
Due to the number of IC review applications on hand, and the need to
prioritise IC review applications that were received earlier, I am unable
to provide a timeframe on when you will next receive correspondence from
the OAIC.
To assist you in determining an approximate timeframe, the OAIC is
currently focusing on the case management and finalisation of aged
matters, particularly those IC review applications that were received in
2019, 2020 and any others that remain on hand. The OAIC received your
application for IC review on 14 November 2023.
As such, we will provide you with an update when we have heard from the
Attorney-General’s Department.
Kind regards,
[7][IMG] Hannah Holswilder
Director, Freedom of Information Branch
Office of the Australian Information Commissioner
Adelaide | GPO Box 5288 Sydney NSW 2001
E [8][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[9]Subscribe to 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. mailto:[FOI #10636 email]
2. https://www.oaic.gov.au/
3. mailto:[email address]
5. https://www.oaic.gov.au/engage-with-us/n...
6. mailto:[FOI #10636 email]
7. https://www.oaic.gov.au/
8. mailto:[email address]
9. https://www.oaic.gov.au/engage-with-us/n...
MR23/01375
MR23/01376
Dear OAIC - FOI DR,
I hope you are well.
I am writing an email to update you on the status of MR23/01375 and MR23/01376.
It has been more than 5 months since I submitted my requests to the AG and the AGD and officials in the AGD have still failed to process my requests according to law.
Please let me know if you receive any requests from the AGD in relation to processing my requests. I would like the opportunity to make submissions before any decisions are made by officials in the OAIC.
My requests can be seen here:
https://www.righttoknow.org.au/request/s...
https://www.righttoknow.org.au/request/s...
Yours sincerely,
Waldek
Case Number: MR23/01375 and MR23/01376
Agency Reference: FOI23/463
Email: [FOI #10636 email]
Dear Mr Lupinski,
Hope you are well.
Thank you for your email.
With reference to your above cases, we are awaiting submissions from the Attorney General's Department to progress your reviews.
Also, please be advised, you can provide submissions at any time you wish as the OAIC is currently focusing on the case management and finalisation of aged matters, particularly those IC review applications that were received in 2019, 2020 and any others that remain on hand. The OAIC received your applications for IC review on 14 November 2033.
Thank you for your ongoing patience.
Kind regards,
Sussan J
Review Adviser
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P: 1300 636 992 E: [email address]
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
Our reference: MR23/01375
Agency reference: FOI23/500
Waldek Lupinski
By email: [1][FOI #10636 email]
Your review application about the Attorney-General's Department
Good afternoon Mr Lupinski,
A Freedom of Information (FOI) request was made by you to the
Attorney-General's Department (the Agency).
On 14 November 2023, an application to the Information Commissioner (IC)
was lodged to review the Freedom of Information request to the Agency
because a decision was not made by the due date.
On 18 April 2024, the Agency notified the Office of the Australian
Information Commissioner (OAIC) it has now provided decisions, dated 27
March 2024 and 18 April 2024 by email.
As a decision has now been issued, the reason for the IC review
application appears to be resolved.
Action required by you before 7 May 2024:
1. If the decision has satisfied your request and you no longer
require an IC review, please reply to this email stating “I no longer
require an IC review”.
2. If you wish to proceed with your IC review application, you must
tell us which parts of the decision you disagree with and why,
including:
· which documents you consider were not provided or should have
been provided, or
· which exemptions you consider should not have been applied.
Intention not to continue to undertake the IC review
The Commissioner’s written [2]direction to IC review applicants provides
that:
· where an applicant wishes to proceed with a review of a revised
decision they must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review [1.33], and
· applicants must respond to enquiries from the OAIC within the
period provided unless there are circumstances warranting a longer period
to respond [1.22].
Section 54W(c) of the Freedom of Information Act 1982 provides that the IC
may decide not to continue to undertake a review where an applicant fails
to comply with a direction of the IC.
As such, if we do not hear from you by 7 May 2024, we intend to exercise
the discretion to finalise your IC review application.
Assistance
If you are unable to respond 7 May 2024, please respond to this email and
request an extension of time to provide your response.
If you require an interpreter, please call the Translating and
Interpreting Service on 131 450, and ask for help speaking with the Office
of the Australian Information Commissioner. Alternatively, you may wish to
be supported by a person of your choosing anytime throughout this
process.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference MR23/01375 in all correspondence.
Kind regards,
[4][IMG] Sussan J
Review Adviser
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P: 1300 363 992 E: [5][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[6]Subscribe to 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. mailto:[FOI #10636 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://www.oaic.gov.au/
5. mailto:[email address]
6. https://www.oaic.gov.au/engage-with-us/n...
Our reference: MR23/01376
Agency reference: FOI23/463
Waldek Lupinski
By email: [1][FOI #10636 email]
Your review application about the Attorney-General's Department
Good afternoon Mr Lupinski,
A Freedom of Information (FOI) request was made by you to the
Attorney-General's Department (the Agency).
On 14 November 2023, an application to the Information Commissioner (IC)
was lodged to review the Freedom of Information request to the Agency
because a decision was not made by the due date.
On 18 April 2024, the Agency notified the Office of the Australian
Information Commissioner (OAIC) it has now provided decisions, dated 27
March 2024 and 18 April 2024 by email.
As a decision has now been issued, the reason for the IC review
application appears to be resolved.
Action required by you before 7 May 2024:
1. If the decision has satisfied your request and you no longer
require an IC review, please reply to this email stating “I no longer
require an IC review”.
2. If you wish to proceed with your IC review application, you must
tell us which parts of the decision you disagree with and why,
including:
· which documents you consider were not provided or should have
been provided, or
· which exemptions you consider should not have been applied.
Intention not to continue to undertake the IC review
The Commissioner’s written [2]direction to IC review applicants provides
that:
· where an applicant wishes to proceed with a review of a revised
decision they must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review [1.33], and
· applicants must respond to enquiries from the OAIC within the
period provided unless there are circumstances warranting a longer period
to respond [1.22].
Section 54W(c) of the Freedom of Information Act 1982 provides that the IC
may decide not to continue to undertake a review where an applicant fails
to comply with a direction of the IC.
As such, if we do not hear from you by 7 May 2024, we intend to exercise
the discretion to finalise your IC review application.
Assistance
If you are unable to respond 7 May 2024, please respond to this email and
request an extension of time to provide your response.
If you require an interpreter, please call the Translating and
Interpreting Service on 131 450, and ask for help speaking with the Office
of the Australian Information Commissioner. Alternatively, you may wish to
be supported by a person of your choosing anytime throughout this
process.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference MR23/01376 in all correspondence.
Kind regards,
[4][IMG] Sussan J
Review Adviser
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P: 1300 363 992 E: [5][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[6]Subscribe to 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. mailto:[FOI #10636 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://www.oaic.gov.au/
5. mailto:[email address]
6. https://www.oaic.gov.au/engage-with-us/n...
Waldek left an annotation ()
Justice Wigney's judgment:
https://www.judgments.fedcourt.gov.au/ju...