Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020

Response to this request is long overdue. By law, under all circumstances, Attorney-General's Department should have responded by now (details). You can complain by requesting an internal review.

Dear Attorney-General's Department,

Under the FOI Act 1982 I request any and all documents relating to the Commonwealth's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020.

Yours faithfully,

Waldek

FOI Requests, Attorney-General's Department

Your email has been received by the Freedom of Information and Privacy
Section of the Attorney-General's Department. Please note that we will
only action and respond to FOI requests and other matters relating to the
Freedom of Information Act 1982 (the FOI Act). For information on how to
make an FOI request please refer to the FOI page on the department's
website at:
[1]https://www.ag.gov.au/rights-and-protect....

If your email relates to the FOI Act, we will contact you shortly to
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emails as this may cause delays in response time-frames.

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Waldek left an annotation ()

Justice Wigney's judgment:

https://www.judgments.fedcourt.gov.au/ju...

Dear Attorney-General's Department,

Also, to the extent that it is not covered by my original FOI request, under the FOI Act I request any and all documents setting out the cost to the Commonwealth of defending the matter in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020.

Yours faithfully,

Waldek

FOI Requests, Attorney-General's Department

OFFICIALOFFICIAL

 

Dear Waldek

 

Thank you for your email of 10:58am today, clarifying that your FOI
request is addressed to the Office of the Attorney-General, and not to the
Attorney-General's Department. I apologise for the confusion at my end
between your two separate requests.

 

I confirm the department has received:

 

o At 2pm on 30 August 2023, an FOI request to [1][AGD request email] addressed
to “Attorney-General's Department”, which we have numbered FOI23/463.
The request is for:

o any and all documents relating to the Commonwealth's involvement
in the false imprisonment of the applicant in Stradford (a
pseudonym) v Judge Vasta [2023] FCA 1020, and
o any and all documents setting out the cost to the Commonwealth of
defending the matter in Stradford (a pseudonym) v Judge Vasta
[2023] FCA 1020 (as per your follow up email of 2:14pm on 30
August 2023).

 

o At 5:45pm on 30 August 2023, you sent an FOI request to
[2][AGD request email] addressed to “Attorney-General”, which we have
numbered AGOFOI23/465. The request is for:

o any and all documents in your possession relating to the
Commonwealth’s involvement in the false imprisonment of the
applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA
1020, including documents setting out the cost to the
Commonwealth of defending the matter.

 

Next steps:

 

The department will forward AGOFOI23/465 to the Attorney-General’s Office
(AGO) for consideration of validity under s15(2)(b) and for appropriate
actioning.

 

In respect of FOI23/463, I reiterate the question I asked in my previous
email of 10:27am today:

 

The department understands you are seeking documents in possession of the
department created after Judge Vasta’s order to imprison the party to the
family law proceedings that relate to the subsequent false imprisonment
civil proceedings brought against Judge Vasta. This includes any documents
relating to the Commonwealth's role in the false imprisonment of the
party, and documents setting out the cost to the Commonwealth of defending
the matter.

 

Can you please confirm our understanding of FOI23/463 is correct so that
we are able to finalise registration and commence processing your request.

 

Kind regards

[Personal Information Redacted]

 

Freedom of Information & Privacy

Attorney-General’s Department

Phone: 02 6141 6666

 

 

show quoted sections

FOI Requests, Attorney-General's Department

OFFICIALOFFICIAL

 

Dear Waldek

 

Thank you for your email of 10:58am today, clarifying that your FOI
request is addressed to the Office of the Attorney-General, and not to the
Attorney-General's Department. I apologise for the confusion at my end
between your two separate requests.

 

I confirm the department has received:

 

o At 2pm on 30 August 2023, an FOI request to [1][AGD request email] addressed
to “Attorney-General's Department”, which we have numbered FOI23/463.
The request is for:

o any and all documents relating to the Commonwealth's involvement
in the false imprisonment of the applicant in Stradford (a
pseudonym) v Judge Vasta [2023] FCA 1020, and
o any and all documents setting out the cost to the Commonwealth of
defending the matter in Stradford (a pseudonym) v Judge Vasta
[2023] FCA 1020 (as per your follow up email of 2:14pm on 30
August 2023).

 

o At 5:45pm on 30 August 2023, you sent an FOI request to
[2][AGD request email] addressed to “Attorney-General”, which we have
numbered AGOFOI23/465. The request is for:

o any and all documents in your possession relating to the
Commonwealth’s involvement in the false imprisonment of the
applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA
1020, including documents setting out the cost to the
Commonwealth of defending the matter.

 

Next steps:

 

The department will forward AGOFOI23/465 to the Attorney-General’s Office
(AGO) for consideration of validity under s15(2)(b) and for appropriate
actioning.

 

In respect of FOI23/463, I reiterate the question I asked in my previous
email of 10:27am today:

 

The department understands you are seeking documents in possession of the
department created after Judge Vasta’s order to imprison the party to the
family law proceedings that relate to the subsequent false imprisonment
civil proceedings brought against Judge Vasta. This includes any documents
relating to the Commonwealth's role in the false imprisonment of the
party, and documents setting out the cost to the Commonwealth of defending
the matter.

 

Can you please confirm our understanding of FOI23/463 is correct so that
we are able to finalise registration and commence processing your request.

 

Kind regards

[Personal Information Redacted]

 

Freedom of Information & Privacy

Attorney-General’s Department

Phone: 02 6141 6666

 

 

show quoted sections

Dear [Personal Information Redacted],

Thank you for your email.

I requested any and all documents in the control of the AGD relating to the Commonwealth's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020. That request for any and all documents extends to any and all documents setting out the cost to the Commonwealth of defending the matter in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020.

I did not qualify my request to limit it to documents in possession of the department created after Judge Vasta’s order to imprison the party to the family law proceedings that relate to the subsequent false imprisonment civil proceedings brought against Judge Vasta. And with good reason. There may be documents in the possession of the AGD that, while falling within the scope of my request, as worded, were created BEFORE the orders to imprison issued by Judge Vasta. The scope of my FOI request is clear - it is for any and all document RELATING to the Commonwealth's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020.

If no documents exist that were created prior to the order to imprison made by Judge Vasta AND relate to the Commonwealth's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020, then you will not need to consider those document (on account of their non-existence). If there are documents in existence that relate to the Commonwealth's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020 and existed prior to Judge Vasta's order to imprison the applicant (e.g. any documents that demonstrate that instructions were issued to security guards before Judge Vasta made his orders), then those documents are within the scope of my FOI request.

I want to make it very clear that the words of my FOI request of 30 August 2023 have not changed. There has been no additional context added. I have merely drawn out the logical implications of what a request for "any and all documents relating to the Commonwealth's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020" means.

Please do not read words into my request that are not there. Please do not limit the scope of my request with words that are not there (e.g. any and all documents in the possession of the department CREATED AFTER Judge Vasta’s order to imprison the party to the family law proceedings that relate to the subsequent false imprisonment civil proceedings brought against Judge Vasta). Please give my FOI request the natural, reasonable and ample meaning that a reasonable speaker of the English language would give that request: 'BI’ and Professional Services Review [2014] AICmr 20; Re Anderson and AFP [1986] AATA 79.

Making an FOI request to the FOI section of the AGD should not be this difficult. What objections, if any, do you have to my valid FOI request? If you have concerns about the validity of my FOI request, please particularise them. Otherwise, I will assume, as any reasonable English speaker would (and for the reasons set out above) that my request is a valid FOI request, with all of its attendant implications.

Yours sincerely,

Waldek

FOI Requests, Attorney-General's Department

Dear Waldek,

 

Freedom of Information Request FOI23/463

 

I refer to your request to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents.

 

I have understood your request to be for:

 

any and all documents in the control of the AGD relating to the
Commonwealth's involvement in the false imprisonment of the applicant in
Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020. That request for
any and all documents extends to any and all documents setting out the
cost to the Commonwealth of defending the matter in Stradford (a
pseudonym) v Judge Vasta [2023] FCA 1020.

 

If you disagree with this interpretation of your request, please let me
know in writing as soon as possible.

 

The department received your initial inquiry on 30 August 2023. The
department contacted you to assist you make a valid request under the FOI
Act.

 

The department acknowledges a valid FOI request was received from you on 4
September 2023, and the 30 day statutory period for processing your
request commenced from the day after that date. You should therefore
expect a decision from us by 4 October 2023. However, the period of
30 days may be extended if the department needs to consult third parties
or for other reasons. We will advise you if this happens.

 

The department's practice is to not disclose personal information of staff
of the department and other government authorities, where that information
is not publicly known or routinely disclosed (e.g. names of junior
officers and contact information). The names of senior officers will
generally be disclosed. In addition, duplicates and incomplete email
chains within the scope of the FOI request will be excluded.

 

Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published online on the
department's disclosure log
[1]http://www.ag.gov.au/RightsAndProtection....

 

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [2][AGD request email].

 

[Personal Information Redacted]

Freedom of Information and Privacy | Strategy and Governance Branch

Attorney-General’s Department

T: 02 6141 6666 | E: [3][AGD request email]

 

 

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. http://www.ag.gov.au/RightsAndProtection...
2. mailto:[AGD request email]
3. mailto:[AGD request email]

Dear [Personal Information Redacted],

I your email you have stated "The department received your initial inquiry on 30 August 2023. The
department contacted you to assist you make a valid request under the FOI Act."

Both of those statements are false.

The AGD received a valid FOI request from me on 30 August 2023.

My FOI request is, as you have correctly noted, a request, under the FOI Act for "any and all documents in the control of the AGD relating to the Commonwealth's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020. That request for any and all documents extends to any and all documents setting out the cost to the Commonwealth of defending the matter in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020."

That was my request on 30 August 2023. It has not changed.

Your statement that "the department contacted you to assist you make a valid request under the FOI Act" is false. The AGD did no such thing. Your colleagues, [Personal Information Redacted] and [Personal Information Redacted], either made up facts about the Commonwealth's role in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta, or read words into my FOI request that were not there.

A valid FOI request was not made, as you falsely claim, on 4 September 2023.

The record speaks for itself and is available to the public.

Since a valid FOI request as made on 30 August 2023, I expect a decision within 30 days of that date. If you or the relevant officials in the AGS fail to provide me with a decision on the due date without lawful cause, I will apply for IC review on the basis of a deemed refusal decision.

Yours sincerely,

Waldek

FOI Requests, Attorney-General's Department

Dear Waldek

 

Freedom of Information Request FOI23/463

 

I refer to your request to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents. 

 

The purpose of this email is to advise you that the period for processing
your request has been extended by 30 days to allow the department to
undertake consultation with a third party. 

 

Transfer of FOI Request from the Attorney-General to the Department:
FOI23/500

 

Separately, your related request to the Attorney-General, the Hon Mark
Dreyfus KC MP, was registered to the Attorney-General’s Office (the
Office) on 4 September 2023.

 

On 15 September 2023, the Office transferred your request for:

 

any and all documents in your possession relating to the Commonwealth's
involvement in the false imprisonment of the applicant in Stradford (a
pseudonym) v Judge Vasta [2023] FCA 1020, including documents setting out
the cost to the Commonwealth of defending the matter

 

to the department pursuant to s16 of the FOI Act, on the grounds that the
subject matter of the request was more closely connected with the
functions of the department than the Office.

 

The transfer of your request does not affect the due date for completion
of your request but, like FOI23/463, the date for processing FOI23/500 has
also been extended by 30 days to facilitate third party consultation.

 

The new date for the completion of both your FOI requests is 3 November
2023.

 

More information is available on the Office of the Australian Information
Commissioner's Website. Information about extensions of time can be
accessed from: 
https://www.oaic.gov.au/freedom-of-infor...

 

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [1][AGD request email].

Kind regards,

 

[Personal Information Redacted]

Freedom of Information and Privacy | Strategy and Governance Branch

Attorney-General’s Department

T: 02 6141 6666 | E: [2][AGD request email]

 

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. mailto:[AGD request email]
2. mailto:[AGD request email]

FOI Requests, Attorney-General's Department

OFFICIALOFFICIAL

 

Dear Waldek

 

I am writing in reference to Freedom of Information requests FOI23/463 and
FOI23/500 to inform you that I am the caseworker who is now responsible
for processing these requests. I apologise for the delay experienced to
date but can confirm that the Attorney-General’s Department (the
department) is working to finalise these requests as soon as possible.

 

I note that on 4 October 2023, the department wrote to you at
[1][FOI #10637 email] to confirm that on 15
September 2023, the department accepted transfer of FOI request
AGOFOI23/463 from the Attorney-General’s Office. This request on transfer
from the Attorney-General’s Office to the department was issued with a new
FOI request number which is FOI23/500. Moving forward the department will
refer to this request as FOI23/500.

 

I have reviewed all the correspondence on file and consider that in both
FOI23/463 and FOI23/500 you are seeking access to:

 

….. any and all documents in your possession relating to the
Commonwealth's involvement in the false imprisonment of the applicant in
Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020, including documents
setting out the cost to the Commonwealth of defending the matter.

 

If you disagree with this interpretation please let me know. I also
consider that valid requests for FOI23/463 and FOI23/500 were received on
30 August 2023. As both FOI23/463 and FOI23/500 are identical requests I
am writing to ask whether you would agree to withdraw one of the requests?
If so, I would appreciate your agreement to this in writing by responding
this email.

 

If you elect not to withdraw one of the requests, the department will
process both requests simultaneously by emailing
[2][FOI #10637 email] and
[3][email address] referencing both
reference numbers and will also provide you with a single decision letter
referencing both FOI23/463 and FOI23/500.

 

If you have any questions about this email please contact me at
[4][AGD request email] or by calling 02 6141 6666.

 

[Personal Information Redacted]

Freedom of Information and Privacy
Attorney-General’s Department

T: 02 6141 6666 | E: [5][AGD request email]

 

 

OFFICIAL

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. mailto:[FOI #10637 email]
2. mailto:[FOI #10637 email]
3. mailto:[email address]
4. mailto:[AGD request email]
5. mailto:[AGD request email]

FOI Requests, Attorney-General's Department

OFFICIAL

 

Dear Applicant

 

I write further to our correspondence of 8 December 2023 and 14 December
2023 in relation to FOI requests FOI23/463 and FOI23/500, which are now
subject to Information Commission (IC) reviews. As outlined in our
correspondence of 8 December 2023, requests FOI23/463 and FOI23/500 are
identical requests and the department as such invites you to withdraw one
of these requests.

 

On 14 December 2023 we also wrote to you via the Right to Know contact
page [1]https://www.righttoknow.org.au/user/cont...
inviting you to email us directly to engage on your requests.

 

We have not received a response from you to this earlier correspondence.

 

We are writing to you now to confirm that after searching the department’s
holdings, the department has identified 176 documents, totalling over 3500
pages that are captured by the terms of your request. The department views
that processing these documents for your request in its current form
(current scope) would constitute a substantial and unreasonable diversion
of resources. Under the FOI Act, this is known as a practical refusal
reason. Under section 24 of the FOI Act, an access request may be refused
if a practical refusal reason exists. Where the department is of the view
that a practical refusal reasons exists we will engage in a request
consultation process with the applicant to request that the applicant
revises the scope of their request. The aim of this process is to remove
the practical refusal reason so the request can continue to be processed
by the department. Before we undertake the request consultation process,
the department requests that you respond as promptly as possible to this
message so we can identify the documents of interest to you and to confirm
you wish to proceed with these IC reviews.

 

Thank you

 

[Personal Information Redacted]

Freedom of Information and Privacy
Attorney-General’s Department

T: 02 6141 6666 | E: [2][AGD request email]

 

OFFICIAL

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. https://www.righttoknow.org.au/user/cont...
2. mailto:[AGD request email]

Dear [Personal Information Redacted],

In your email you have noted that you write to me in in furtherance of correspondence you sent on 8 December 2023 and 14 December 2023.

You stated:

“I write further to our correspondence of 8 December 2023 and 14 December 2023 in relation to FOI requests FOI23/463 and FOI23/500, which are now subject to Information Commission (IC) reviews. As outlined in our correspondence of 8 December 2023, requests FOI23/463 and FOI23/500 are identical requests and the department as such invites you to withdraw one
of these requests.

On 14 December 2023 we also wrote to you via the Right to Know contact page [1]https://www.righttoknow.org.au/user/cont... inviting you to email us directly to engage on your requests.

We have not received a response from you to this earlier correspondence.”

I will address your claims about the correspondence that you claim to have sent me on 8 December 2023 and 14 December 2023.

8 December 2023 correspondence

In your correspondence of 8 December 2023, you stated:

“I also consider that valid requests for FOI23/463 and FOI23/500 were received on 30 August 2023. As both FOI23/463 and FOI23/500 are identical requests I am writing to ask whether you would agree to withdraw one of the requests?

If so, I would appreciate your agreement to this in writing by responding this email.”

You further noted, “If you elect not to withdraw one of the requests, the department will process both requests simultaneously by … referencing both reference numbers and will also provide you with a single decision letter referencing both FOI23/463 and FOI23/500.”

You requested that, if I agreed to withdraw one of the requests, I respond to your email. You did not receive a response from me. Since it was not “so”, the natural conclusion to be drawn is that I have not agreed to withdraw one of the requests.

14 December 2023 correspondence

I have not received any correspondence from the AGD dated 14 December 2023. Any correspondence that you send to me should appear publicly on this website. As you can see, there is nothing published on this website. Therefore, you have failed to draw whatever correspondence you claim to have sent on 14 December 2023 to my attention.

All correspondence should be sent to me at the email address that was set out in my email of 30 August 2023.

Claim about a practical refusal decision

You can try to claim that a practical refusal ground exists but you will not succeed. It seems to me that you have not carefully read the Freedom of Information Act 1982 (Cth). Nor does it appear that you are familiar with the authorities and case law. If you were, you’d realise that such a decision would be beyond power.

You don’t actually think that a deemed refusal decision is without serious and binding legal consequences? Agencies don’t get to ignore the dictates of the FOI Act only to try to hide behind a practical refusal ground when it isn’t available to them under the law.

There is also the matter of your colleague [Personal Information Redacted] already having identified the documents within scope of my request in early October 2023, and having already engaged in consultation processes with a third party about the documents. The evidence suggests that the substantive work of processing my request has already been taken care of, which does beg the question how it is possible that your claim that there is a practical refusal ground has any merit.

It seems that the AGD has gone from claiming that “the Commonwealth was not involved in the false imprisonment of the applicant during the relevant family law proceedings” (see https://www.righttoknow.org.au/request/s...) to claiming that it has so many documents relating to the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020 that it wants to claim that it will bring the operations of the entire agency to a halt to process a request for access to the documents relating to that false imprisonment. Quite an about face.

It boggles the mind that the AGD would be sitting on so large a trove of documents that relate to the false imprisonment of an Australian citizen by the Commonwealth. Have you prepared a list of the 176 documents that you can provide me with? I’d like to see what I can get my hands on.

Yours sincerely,

Waldek

FOI Requests, Attorney-General's Department

Thank you for contacting the Freedom of Information (FOI) team at the
Attorney-General’s Department (the department). We get a high volume of
emails and FOI applications and work to respond as promptly as possible.

This email acknowledges your correspondence and provides some general
information in relation to FOI.  

Please note that we will only respond to emails about the Freedom of
Information Act 1982 (the FOI Act). For information on how to make a
request under the FOI Act please refer to:
https://www.ag.gov.au/rights-and-protect....
For enquiries about other matters, please refer to:
https://www.ag.gov.au/about-us/connect-u...

The statutory processing time for FOI requests is 30 days, however this
may be extended if the department needs to consult third parties or for
other reasons. If you have submitted an FOI request, the department will
write to you again within 30 days of receiving your request. This
correspondence may: 

* seek further information from you to help us process your request, 

* provide you with a decision on your FOI request, or 

* discuss whether an extension of time is needed to process your request.

Please do not send duplicate emails as this may cause delays to processing
times.

This FOI inbox is monitored business hours Monday to Friday, excluding
public holidays and the period from 23 December 2023 to 1 January 2024
inclusive. Your email will be responded to when staff resume their duties.

You can expect our team to provide a helpful, respectful service and we
expect respectful engagement in return.

Under s 89L of the FOI Act, disrespectful, threatening or abusive language
may be an abuse of the access action process. If this happens, we may not
be able to help you or we might take steps to manage how we communicate
with you. 

If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

FOI Requests, Attorney-General's Department

OFFICIAL

 

Dear Applicant

 

Thank you for your correspondence that confirms you do not wish to
withdraw one of the duplicate FOI requests.

 

I can confirm the department is continuing to process these requests and
will contact you again shortly to provide you with further information
about the categories of documents falling with the scope of your results.

 

Kind regards

 

[Personal Information Redacted]

Freedom of Information and Privacy
Attorney-General’s Department

T: 02 6141 6666 | E: [1][AGD request email]

 

 

OFFICIAL

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. mailto:[AGD request email]

FOI Requests, Attorney-General's Department

OFFICIAL

 

Dear Applicant

 

Thank you for your correspondence that confirms you do not wish to
withdraw one of the duplicate FOI requests.

 

I can confirm the department is continuing to process these requests and
will contact you again shortly to provide you with further information
about the categories of documents falling with the scope of your results.

 

Kind regards

 

[Personal Information Redacted]

Freedom of Information and Privacy
Attorney-General’s Department

T: 02 6141 6666 | E: [1][AGD request email]

 

 

OFFICIAL

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. mailto:[AGD request email]

FOI Requests, Attorney-General's Department

Dear Waldek

 

I’m writing in relation to FOI request FOI23/463 and FOI23/500 to advise
that the department requires your assistance in clarifying our
understanding of the documents you are seeking access to. We’d therefore
be grateful if you could please respond to this email to confirm that you
are seeking access to:

 

 1. Documents about the Commonwealth’s involvement, as a party, in the
false imprisonment claims made by the applicant in the Stradford (a
pseudonym) v Judge Vasta [2023] FCA 1020 case, and
 2. Documents that set out the total cost to the Commonwealth in defending
the matter.

 

Your response to this question will greatly assist the department in being
able to finalise the requests as soon as possible. As per our previous
correspondence a large number of documents was initially identified as
falling within the scope of your request. This has impacted our ability to
process these requests in a timely manner. I can confirm that the
department has sought an extension of time from the Office of the
Australian Information Commissioner to the 6 March 2024.

 

The department seeks your response to this email by 1 February 2024.

 

Kind regards

 

[Personal Information Redacted]

Freedom of Information and Privacy
Attorney-General’s Department

T: 02 6141 6666 | E: [1][AGD request email]

 

 

 

 

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. mailto:[AGD request email]

FOI Requests, Attorney-General's Department

Dear Waldek

 

I’m writing in relation to FOI request FOI23/463 and FOI23/500 to advise
that the department requires your assistance in clarifying our
understanding of the documents you are seeking access to. We’d therefore
be grateful if you could please respond to this email to confirm that you
are seeking access to:

 

 1. Documents about the Commonwealth’s involvement, as a party, in the
false imprisonment claims made by the applicant in the Stradford (a
pseudonym) v Judge Vasta [2023] FCA 1020 case, and
 2. Documents that set out the total cost to the Commonwealth in defending
the matter.

 

Your response to this question will greatly assist the department in being
able to finalise the requests as soon as possible. As per our previous
correspondence a large number of documents was initially identified as
falling within the scope of your request. This has impacted our ability to
process these requests in a timely manner. I can confirm that the
department has sought an extension of time from the Office of the
Australian Information Commissioner to the 6 March 2024.

 

The department seeks your response to this email by 1 February 2024.

 

Kind regards

 

[Personal Information Redacted]

Freedom of Information and Privacy
Attorney-General’s Department

T: 02 6141 6666 | E: [1][AGD request email]

 

 

 

 

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. mailto:[AGD request email]

Dear [Personal Information Redacted],

I submitted my FOI request more than five months ago.

I don’t understand why you have sent me an email claiming that the AGD requires my assistance in clarifying your understanding of the documents I am seeking access to when you or your colleagues have already stated that:

1. “after searching the department’s holdings, the department has identified 176 documents, totalling over 3500 pages that are captured by the terms of your request”: https://www.righttoknow.org.au/request/s...

2. the AGD entered into third party consultation processes in respect of the documents identified: https://www.righttoknow.org.au/request/s....

If officials were able to identify 176 documents falling within the scope of my request and entered into third party consultations in respect of those documents, then it follows that nobody in the AGD had any problems understanding the meaning of my FOI request. In fact, you promised, in your email of 22 January 2024, to contact me to provide me “with further information about the categories of documents falling with the scope of” my requests. Not only have you yet to do that, but contacting me to provide me “with further information about the categories of documents falling with the scope of” my requests demonstrates that you have had no problem whatsoever understanding my FOI request. It is, after all, as clear as day.

Your email of 25 January 2024, in which you now claim that officials in the AGD require me to clarify my request seems to me to be nothing more than another parlour trick to delay processing my request. This is not the first such trick. Your colleague [Personal Information Redacted] tried the very same thing on 1 September 2023 when she attempted to read words into my request: https://www.righttoknow.org.au/request/s.... I firmly rejected her attempts to do so: https://www.righttoknow.org.au/request/s....

In the same vein, I reject your attempts to read words into my request.

In your email of 25 January 2024, you asked me to confirm whether my request was for access to “Documents about the Commonwealth’s involvement, as a party, in the false imprisonment claims made by the applicant in the Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020 case”.

No – my access request is not for documents about the Commonwealth’s involvement, as a party, in the false imprisonment claims made by the applicant in the Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020 case. I have not limited my request to document about the Commonwealth’s involvement AS A PARTY to the false imprisonment claims MADE BY THE APPLICANT in the Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020 case. If I wanted to limit my request to document about the Commonwealth’s involvement AS A PARTY to the false imprisonment CLAIMS MADE BY THE APPLICANT in the Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020 case, I would have inspected the applicant’s PLEADINGS to first determine what claims the applicant made in respect of the Commonwealth’s involvement in his false imprisonment, and thus limited my request to what the applicant actually claimed in his pleadings.

My request was for any and all documents relating to the Commonwealth's involvement in the false imprisonment of the applicant in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020. It is either coextensive with what you have suggested or broader, but is not limited to that coextensive scope.

As I said to your colleague [Personal Information Redacted] on 2 September 2023, please do not read words into my request that are not there. As I said to your colleague [Personal Information Redacted] on 2 September 2023, please do not limit the scope of my request with words that are not there. As I said to your colleague on 2 September 2023, please give my FOI request the natural, reasonable and ample meaning that a reasonable speaker of the English language would give that request: https://www.righttoknow.org.au/request/s....

There has been neither rhyme nor rhythm to the correspondence I have received from the AGD over the last five months. To recap:

1. Your colleague [Personal Information Redacted] claimed, on 31 August 2023, that “the Commonwealth was not involved in the false imprisonment of the applicant during the relevant family law proceedings … because the Australian system of government is based on a separation of powers between the Legislature (the Parliament), the Executive (the Government), and the Judiciary (the Courts)”: https://www.righttoknow.org.au/request/s...

2. Your colleague [Personal Information Redacted] claimed, on 31 August 2023, in the light of her amateurish attempts to educate me on Australian constitutionalism, that I needed to clarify my request: https://www.righttoknow.org.au/request/s...

3. Your colleague [Personal Information Redacted] claimed, on 1 September 2023, that I had provided additional context in support of my request (https://www.righttoknow.org.au/request/s...), which I refuted: https://www.righttoknow.org.au/request/s...

4. Your colleague [Personal Information Redacted] claimed, on 7 September 2023, that I had made my FOI requests on 4 September 2023, when it is plain for everybody to see that I made my requests on 30 August 2023: https://www.righttoknow.org.au/request/s...

5. You acknowledged, on 8 December 2023, that the AGD received valid FOI requests on 30 August 2023, contrary to [Personal Information Redacted]’s false claims: https://www.righttoknow.org.au/request/s...

6. Your colleague [Personal Information Redacted] claimed, on 4 October 2023, that the period for processing my request “has been extended by 30 days to allow the department to undertake consultation with a third party”: https://www.righttoknow.org.au/request/s...

7. On 21 December 2023, you claimed that you had written to me on 14 December 2023, although it is clear that no such correspondence was sent to the email address with which the AGD was provided in respect of my FOI request: https://www.righttoknow.org.au/request/s...

8. On 21 December 2023, you claimed that the AGD proposed to raise enter into a formal consultation process with me on practical refusal grounds (https://www.righttoknow.org.au/request/s...), a point that I cut down to size on 23 December 2023: https://www.righttoknow.org.au/request/s...

9. Despite identifying the documents within the scope of my request, conducting third party consultations, raising the spectre of a practical refusal decision – all of which presuppose a perfectly clear FOI request capable of being understood by officials in the AGD – you now claim that you need assistance “clarifying” the scope of my request: https://www.righttoknow.org.au/request/s....

Please stop wasting my time with silly delay tactics. Please just process my FOI request according to law.

Shame on the AGD for its mishandling of my FOI request. The mishandling of my FOI request demonstrates just how “committed” the Attorney-General’s officials are to complying with an item of legislation that he is responsible for administering: www.legislation.gov.au/C2022Q00008/ - see Part 2 of the Governor-General’s Administrative Arrangements Order.

To be clear, my FOI request extends to any and all documents setting out the cost to the Commonwealth of defending the matter in Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020, as it has from 30 August 2023.

Yours sincerely,

Waldek

FOI Requests, Attorney-General's Department

Thank you for contacting the Freedom of Information (FOI) team at the
Attorney-General’s Department (the department). We get a high volume of
emails and FOI applications and work to respond as promptly as possible.
This email acknowledges your correspondence and provides some general
information in relation to FOI.  
Please note that we will only respond to emails about the Freedom of
Information Act 1982 (the FOI Act). For information on how to make a
request under the FOI Act please refer to:
https://www.ag.gov.au/rights-and-protect....
For enquiries about other matters, please refer to:
https://www.ag.gov.au/about-us/connect-u...
The statutory processing time for FOI requests is 30 days, however this
may be extended if the department needs to consult third parties or for
other reasons. If you have submitted an FOI request, the department will
write to you again within 30 days of receiving your request. This
correspondence may: 
* seek further information from you to help us process your request, 
* provide you with a decision on your FOI request, or 
* discuss whether an extension of time is needed to process your request.
Please do not send duplicate emails as this may cause delays to processing
times.
This FOI inbox is monitored business hours Monday to Friday, excluding
public holidays.
You can expect our team to provide a helpful, respectful service and we
expect respectful engagement in return.
Under s 89L of the FOI Act, disrespectful, threatening or abusive language
may be an abuse of the access action process. If this happens, we may not
be able to help you or we might take steps to manage how we communicate
with you. 
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

FOI Requests, Attorney-General's Department

OFFICIAL

 

Dear Waldek

 

I am writing further to FOI request FOI23/463 and FOI23/500 which as you
know are duplicate requests and the department is processing
simultaneously. The purpose of this email is to confirm that processing of
your request has progressed but is not yet finalised. I note you have
declined to narrow the scope of the request. Due to the voluminous nature
of the request, processing of the request is taking longer than usual. I
intend to provide you with fortnightly updates moving forward via the
Right to Know email address for FOI23/463 only. Correspondence for the
request will be processed against one email address given both requests
are identical and to assist both the department and the Information
Commissioner manage your reviews.

 

If at any time you would like to discuss your FOI request you are welcome
to call the number below. In this case please request to be transferred to
the Freedom of Information and Privacy Team and quote reference number
FOI23/463.

 

Kind regards

 

Freedom of Information and Privacy
Attorney-General’s Department

T: 02 6141 6666 | E: [1][AGD request email]

 

 

OFFICIAL

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. mailto:[AGD request email]

FOI Requests, Attorney-General's Department

OFFICIAL

 

Dear Waldek

 

I am writing further to FOI request FOI23/463 and FOI23/500 which as you
know are duplicate requests and the department is processing
simultaneously. The purpose of this email is to confirm that processing of
your request has progressed but is not yet finalised. I note you have
declined to narrow the scope of the request. Due to the voluminous nature
of the request, processing of the request is taking longer than usual. I
intend to provide you with fortnightly updates moving forward via the
Right to Know email address for FOI23/463 only. Correspondence for the
request will be processed against one email address given both requests
are identical and to assist both the department and the Information
Commissioner manage your reviews.

 

If at any time you would like to discuss your FOI request you are welcome
to call the number below. In this case please request to be transferred to
the Freedom of Information and Privacy Team and quote reference number
FOI23/463.

 

Kind regards

 

Freedom of Information and Privacy
Attorney-General’s Department

T: 02 6141 6666 | E: [1][AGD request email]

 

 

OFFICIAL

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

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1. mailto:[AGD request email]

[Personal Information Redacted],

The way that my FOI request has been processed to date is disgraceful. Please pass this email to your supervisor for consideration and response.

It has been more than half a year since I applied for access to documents. The same pathetic excuses have been advanced time after time by you and your colleagues. When will I be provided with the documents that I requested? When will I be provided with cogent reasons for decision? Why has it taken more than half a year to process my FOI request? Despite promising to do so on 22 January 2024, why have you not yet provided me with information about the categories of documents falling within the scope of my request? Despite [Personal Information Redacted] conducting third party consultations for the purposes of my FOI request in October 2023, why have you not finished processing my FOI request (spare me the nonsense about the matter being voluminous - you've had more than half a year to deal with this FOI request)?

Yours sincerely,

Waldek

[Personal Information Redacted],

Despite promising to do so on 22 January 2024, why have you not yet provided me with information about the categories of documents falling within the scope of my request? When will you provide me with the promised information?

I'd appreciate it if you would refrain from making passive-aggressive comments like this:

"I am writing further to FOI request FOI23/463 and FOI23/500 which as you know are duplicate requests and the department is processing simultaneously. The purpose of this email is to confirm that processing of your request has progressed but is not yet finalised. I note you have declined to narrow the scope of the request. Due to the voluminous nature of the request, processing of the request is taking longer than usual."

Please do not pretend like you are doing me a big favour. If anybody is entitled to make passive-aggressive comments, I am given the hopeless way in which you and your colleagues have handled my FOI request from the first day. Do I need to remind you about [Personal Information Redacted]'s duplicitous commentary?

Yours sincerely,

Waldek

[Personal Information Redacted],

I refer to my email of 7 March 2024. Today is 13 March 2024.

When can I expect to receive a response to my queries from your supervisor? It won't do you or your supervisor much good to ignore me.

Moreover, please do not think that you can dictate a timetable with respect to providing me with updates. Dictating that you will provide updates on a fortnightly basis, as you did in your correspondence of 6 March 2024, does not mean that you have based your dictate on law. You've just chosen an arbitrary timeframe.

I will not be dictated to by public servants who seem to think that the laws of Australia do not apply to them.

Yours sincerely,

Waldek

FOI Requests, Attorney-General's Department

Dear Waldek

 

I write in response to your messages posted on the Right to Know website
on 8 and 13 March 2024 which pertain to FOI requests FOI23/463 and
FOI23/500 made to the Attorney-General’s Department (the department). You
have requested an update on processing times for these FOI requests, and
have also requested that the correspondence is referred to a supervisor.

 

I am the Director of the Freedom of Information and Privacy section, and
have reviewed the correspondence in this matter. I confirm the advice
provided by the case officer – the department is working to finalise these
requests by 27 March 2024. As you are well aware, the voluminous nature of
this request has necessitated extensions of time. If further time is
required in order to process your request appropriately we will continue
to keep you informed.

 

Please note, in my view, elements of your correspondence may be construed
as harassing and intimidatory towards departmental officers. I encourage
you to consider the ‘[1]House Rules’ on the Right To Know website when you
correspond with the department.

 

If your correspondence continues to include harassing or intimidatory
language, we may take steps to manage how we communicate with you, or be
unable to assist further with your request. Should you wish to discuss
this further, please do not hesitate to contact me at [2][AGD request email].

 

Kind regards,

 

Jess

Director

Freedom of Information and Privacy, Strategy and Governance Branch   

 

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

Visible links
1. file:///tmp/House%20rules%20-%20Right%20to%20Know
2. mailto:[AGD request email]

AGD FOI Requests, Attorney-General's Department

2 Attachments

OFFICIAL

 

Dear Waldek

 

Freedom of Information Request FOI23/463 and FOI23/500

 

I refer to your requests to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents. 

 

The purpose of this email is to provide you with a decision in response to
those requests. 

Please find attached:

o decision letter, including:

o schedule of documents,
o statement of reasons, and

o documents.

 

If you have any questions, please contact us telephone on (02) 6141 6666
or by email to [1][AGD request email].

 

Freedom of Information and Privacy
Attorney-General’s Department

T: 02 6141 6666 | E: [2][AGD request email]

 

 

OFFICIAL

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

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1. mailto:[AGD request email]
2. mailto:[AGD request email]

AGD FOI Requests, Attorney-General's Department

Dear Waldek

 

I write further to the Attorney-General’s Department’s correspondence of
27 March 2024. In that correspondence we noted that the department
intended to finalise tranche 2 of this decision by the 15 April 2024. I
can confirm that the tranche 2 decision is at the final stages of
clearance however it has not been possible to finalise it today. As a
result the department intends to finalise the decision by Wednesday 17
April 2024.

 

Kind regards

 

FOI Officer, Freedom of Information and Privacy
Attorney-General’s Department

T: 02 6141 6666 | E: [1][AGD request email]

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

References

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1. mailto:[AGD request email]

AGD FOI Requests, Attorney-General's Department

1 Attachment

  • Attachment

    FOI23 463 and FOI23 500 Decision letter and Attachments A B and C Tranche 2.PDF.pdf

    9.5M Download View as HTML

OFFICIAL

 

Dear Waldek

 

Freedom of Information Request FOI23/463 and FOI23/500

 

I refer to your requests to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents. 

 

The purpose of this email is to provide you with a decision (tranche 2) in
response to those requests. 

 

Please find attached:

o Tranche 2 decision including:

o Attachment A - copy of tranche 1 access decision
o Attachment B - schedule of documents, and
o Attachment C - statement of reasons.

 

If you have any questions, please contact me by us on (02) 6141 6666 or by
email to [1][AGD request email].

 

Kind regards

 

Freedom of Information and Privacy Team
Attorney-General’s Department

T: 02 6141 6666 | E: [2][AGD request email]

 

 

OFFICIAL

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
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References

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2. mailto:[AGD request email]

Waldek left an annotation ()

Reasons for continuing with IC review application:

https://www.righttoknow.org.au/request/s...

OAIC - FOI DR,

5 Attachments

Our reference: MR23/01375
Agency reference: FOI23/500

  

Waldek Lupinski

By email: [1][FOI #10637 email]

 

Attorney-General's Department

By email: [2][AGD request email]

  

Waldek Lupinski IC review application about the Attorney-General's
Department

 

Good afternoon,

 

It has been brought to our attention that we closed this case in error.
Please refer to the attached email where we advised all parties that the
case had been closed.

 

Upon review, we located the email where the IC review applicant, Waldek
Lupinski, confirmed to proceed with this review.

 

We have now reinstated this case as an active case and will proceed with
the review. You will both hear from us in due course.

 

Apologies for any inconvenience casued.

 

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]
 
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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

 

 

 

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References

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OAIC - FOI DR,

3 Attachments

Our Reference: MR23/01375 

Agency’s Reference: FOI 23/500

 

Waldek Lupinski

By email: [1][FOI #10637 email]

 

Duplicate IC review application regarding decision by the Attorney
General’s Department 

 

Dear Mr Lupinski,  

 

We are writing to you regarding your IC review application which has been
assigned the OAIC reference number MR23/01375. 

 

This application relates to the decision made by the Attorney General’s
Department – Agency Reference FOI 23/500.

 

It appears that there are currently two IC reviews registered in relation
to the same decision: 

 

1.       MR23/01375 (this file); and  

2.       MR23/01376.  

 

From review of both files, the file MR23/01376 has progressed
significantly more compared to this file (MR23/01375).  

 

In the interest of continuing to progress MR23/01376, would you kindly
reply to this email and confirm you wish to withdraw this file,
MR23/01375. 

 

If we do not receive a response from you by close of business on Friday,
24 May 2024, this application will be declined under s 54W(a)(i) or 54W(c)
of the FOI Act.  

 

If you have any questions, please do not hesitate to contact me at this
email address.  

 

Kind regards,  

 

[2][IMG]   Omid Azizi

Assistant Review Adviser

Freedom of Information Branch

Office of the Australian Information Commissioner

Sydney | GPO Box 5288 Sydney NSW 2001

P 1300 363 992 E [3][email address]  
The OAIC acknowledges Traditional Custodians of Country across
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communities. We pay our respect to First Nations people,
cultures and Elders past and present.  

 

[4]Subscribe to Information Matters

 

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References

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3. mailto:[email address]
4. https://www.oaic.gov.au/engage-with-us/n...

Dear Mr Azizi,

I would like for my FOI request to the Attorney-General (which is distinct from my request to the Attorney-General’s Department) to travel together with my FOI request to the Attorney-General’s Department.

To be clear, the reference for my FOI request to the Attorney-General is MR23/01375, with and internal reference of AGOFOI23/463 (which, upon being “transferred” to the AGD, was given an internal reference of FOI23/500).

My reasons are as follows.

First, it is not clear whether the request that I made to the Attorney-General was transferred to the Attorney-General’s Department according to law. On 4 October 2023, an official in the AGD wrote to be and noted that the Attorney-General’s office transferred my request to the AGD “pursuant to s 16 of the FOI Act, on the grounds that the subject matter of the request was more closely connected with the functions of the department than the office.”

The mere fact that the request was more closely connected with thte functions of the AGD is not enough to transfer the request according to law (Bienstein v Attorney-General [2007] FCA 1174, [38]-[39]).

The AG must first determine whether or not he actually has the documents in question before transferring the request (Bienstein v Attorney-General [2007] FCA 1174, [38]). Failing to do so gives rise to an error of law (Bienstein v Attorney-General [2007] FCA 1174, [39]).

Second, in the light of Justice Charlesworth’s judgment in Patrick v Attorney-General (Cth) [2004] FCA 268, and the judgment in Bienstein, it would be open to me to question the lawfulness of the “decision” to “transfer” my request to the AG.

I would like to keep my options open, particularly because I may actually challenge the decision to transfer my request to the AG. Therefore, my IC review request for MR23/01375 should remain on foot, along with my IC review request MR23/01376, which is in respect of the refusal decision deemed to have been made by the Secretary of the AGD.

If MR23/01376 is lawfully processed, I may request a discontinuance of MR23/01375, but that remains to be seen.

Please let me know if you have any questions.

Yours sincerely,

Waldek