Subcontract details between Transfield Services and Wilson Security for Manus Island and Nauru Regional Processing Centers
Dear Department of Immigration and Border Protection,
I write to you under the FOI act to request any and all details of subcontracts between Transfield Services and Wilson Security as per the "Heads of Agreement" for services rendered on Nauru and Manus Island Regional Processing Centers.
Yours faithfully,
DT
UNCLASSIFIED
Our references: FA 14/03/00149; ADF2014/7556
Dear DT
I am writing to you in response to your email dated 27 February 2014,
purportedly under the Freedom of Information Act 1982 (FOI Act) and asking
that the Department of Immigration and Border Protection provide you with
a copy of the following document:
All details of subcontracts between Transfield Services and Wilson
Security as per the "Heads of Agreement" for services rendered on Nauru
and Manus Island Regional Processing Centers.
The purpose of this email is to advise you that I consider the request may
be invalid under the FOI Act. I will explain my reasons in full below.
Requirements of the FOI Act
The requirements for a valid FOI request are set out in section 15(2) of
the FOI Act, which provides that:
The request must:
(a) be in writing; and
(aa) state that the request is an application for the purposes of this
Act; and
(b) provide such information concerning the document as is reasonably
necessary to enable a responsible officer of the agency, or the Minister,
to identify it; and
(c) give details of how notices under this Act may be sent to the
applicant (for example, by providing an electronic address to which
notices may be sent by electronic communication).
The FOI Act envisages that an agency and the applicant will, where
necessary and appropriate, engage in dialogue about the request. The FOI
Act also envisages that there may be instances when an agency will wish to
send a formal legal notice to an applicant, for example, when the agency
believes that it would be a substantial and unreasonable diversion of
resources to process the request or intends to charge the applicant for
processing the request. In addition, the FOI Act provides applicants with
review rights which are activated by the act of the agency ‘notifying’ the
applicant of the decision.
In order to engage in this dialogue, the applicant must provide an address
through which the applicant intends to be contactable. It should be an
address through which the agency will be able to write to the applicant
and receive a response to the communication. It must also be an address
through which the agency can reasonably assume that legal notices will be
received, read and responded to by the applicant. This requirement has
been an element of a valid FOI request since the FOI Act was first enacted
in 1982.
Issues regarding your request
I am not satisfied that the email address you have provided meets the
requirement of ‘details of how notices under this Act may be sent to the
applicant’ (s.15(2)(c) of the Act). In particular, it does not appear to
be an address to which the agency could send a ‘notice’. The address you
have provided appears to be an address for publication of correspondence
on the internet.
Next steps
Please confirm by writing to [1][email address] that the email address you
have provided is an address to which the department can send you notices,
by close of business Wednesday 12 March 2014.
The request will then be validated.
If you have not provided confirmation by that time, the request will be
closed as invalid.
Yours sincerely
Janelle
__________________________________
Janelle Raineri
FOI Inbox Manager
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Email: [2][email address]
UNCLASSIFIED
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
Dear Janelle Raineri
FOI Inbox Manager,
Thank you for your correspondence dated March 5, 2014.
Please note that the 'righttoknow.org.au' email address I have provided is a valid email address that the Department can send notices to for the purposes of the FOI Act 1982.
Yours sincerely,
DT
UNCLASSIFIED
Our references: FA 14/03/00149; ADF2014/7556
Dear DT
Thank you for your prompt response. All correspondence and notices in
relation to your FOI request will be sent to the Right to Know contact
email address.
Your request has now been validated and you will receive an
acknowledgement shortly.
Your Sincerely
Janelle
__________________________________
Janelle Raineri
FOI Inbox Manager
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Email: [1][email address]
UNCLASSIFIED
Our references: FA 14/03/00149; ADF2014/7556
Dear DT,
Please find attached the acknowledgement of receipt for your recent FOI
Request.
Yours sincerely,
Isheeka Goswami
Privacy Administrative Officer
FOI and Privacy Policy
Department of Immigration and Border Protection
Telephone: (02) 6198 7525
Email: [1][email address]
UNCLASSIFIED
References
Visible links
1. mailto:[email address]
UNCLASSIFIED
Our references: FA 14/03/00149; ADF2014/7556
Good afternoon DT,
I refer to your request for access to documents relating to:
any and all details of subcontracts between Transfield Services and Wilson
Security as per the "Heads of Agreement" for services rendered on Nauru
and Manus Island Regional Processing Centers.
The current due date for your request is 4 April 2014. Due to the number
of requests currently being processed by our office, I anticipate I won’t
reasonably be able to finalise your request by the original due date.
The Department seeks your agreement (under s.15AA of the FOI Act) to
extend the timeframe for the processing of your request by 14 days. This
would extend the due date for your request to 18 April 2014. The reason
for this extension is due to the complexity of this request and the time
it is anticipated it will take to make a decision on the documents you’ve
requested.
Please provide a response to this request by close of business Tuesday 1
April 2014.
Please do not hesitate to contact me should you wish to discuss.
Yours sincerely
Ashley Smith
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6225 8037
UNCLASSIFIED
Dear FOI,
I do not consent to your request to extend the due date.
Yours sincerely,
deepthought
UNCLASSIFIED
Our references: FA 13/03/00149; ADF2014/7556
Dear DT
I am writing in regards to your FOI request seeking:
All details of subcontracts between Transfield Services and Wilson
Security as per the "Heads of Agreement" for services rendered on Nauru
and Manus Island Regional Processing Centers.
This email is to advise you of my decision that you are liable to pay a
charge in respect of the processing of your FOI request in accordance with
s 29 of the FOI Act.
Please see the attached letter for further information.
How to pay:
Include your FA Reference number and advise whether you wish to pay the
deposit or the full amount.
The deposit or full payment can be paid by cheque, money order or credit
card.
Cheques and money orders should be made payable to "Collector of Public
Monies" and sent to
FOI & Privacy Policy Section
Department of Immigration and Border Protection
PO Box 25
BELCONNEN ACT 2616
AUSTRALIA
Should you choose to pay by credit card, please fill out the attached
credit card authorisation form and forward to FOI & Privacy Policy Section
at the above address, or email to [1][email address].
Regards,
Ashley Smith
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6225 8037
UNCLASSIFIED
References
Visible links
1. mailto:[email address]
Dear FOI,
Thank you for notifying me of the charges.
I agree to pay these charges in full.
I have forwarded a credit card authorisation form to the above address.
I look forward to this FOI request proceeding.
I also note you use the reference FA 13/03/00149; ADF2014/7556 in the above correspondence.
Please note that this FOI request reference numbers are instead FA 14/03/00149; ADF2014/7556
Yours sincerely,
deepthought
UNCLASSIFIED
Good morning DT,
In terms of forwarding the credit card authorisation form to 'the above address', can you confirm if you intended to send the form to my email address or are you sending the form to the postal address I specified in my letter.
Thank you.
Ashley Smith
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6225 8037
Dear FOI,
I forwarded the credit card authorisation to the quoted postal address specified in your letter.
Yours sincerely,
deepthought
Dear FOI,
I note that the fee of $245.10 has now been processed. What is the wait time for this FOI request from this point forward? I note the initial date of 4/4/14 has now passed.
Yours sincerely,
deepthought
UNCLASSIFIED
Good afternoon Deep Thought,
Thank you for your email, I was just about to send you the attached letter in a separate email.
The processing time of your FOI request had stopped when the department issued you the charges notice. There is an ongoing business consultation process with Transfield Services pursuant to Section 27 of the FOI Act 1982. The new due date of your request is currently 12 May 2014 (subject to section 15(6)(a)(b) of the FOI Act 1982).
Thank you.
Ashley Smith
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6225 8037
Our reference: RQ14/00902
Agency reference: FA14/03/00149
Deep Thought
By email: [1][FOI #545 email]
Dear Deep Thought
Extension of time request under s15AB
On 29 April 2014, the Department of Immigration and Border Protection
requested further time to make a decision on your FOI request of 5 March
2014.
This request was on the basis that the processing period is insufficient
to deal adequately with your request, because it is complex.
The Information Commissioner has decided to grant Department Of
Immigration And Border Protection an extension of time of 14 days for this
request, to 26 May 2014. This decision has been made under s15AB(2) of the
Freedom of Information Act 1982 (Cth) (the Act). A copy of the decision is
attached.
Review rights
If you are unhappy with the way we have handled this matter, you may
complain to the Commonwealth Ombudsman. This service is free, and you can
contact the office on 1300 362 072 or visit [2]www.ombudsman.gov.au.
If you would like to discuss this matter you may contact me on (02) 6239
9121 or via email [email address].
Yours sincerely
Elizabeth Zatschler | Investigations Officer
Office of the Australian Information Commissioner
4 National Circuit, BARTON ACT 2600
GPO Box 2999 CANBERRA ACT 2601 |www.oaic.gov.au
Phone: +61 2 6239 9121
Fax: +61 2 6239 9187
Email: [3][email address]
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References
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Elizabeth Zatschler would like to recall the message, "Extension of time request under s15AB [SEC=UNCLASSIFIED]".
Our reference: RQ14/00902
Agency reference: FA14/03/00149
Deep Thought
By email: [1][FOI #545 email]
Dear Deep Thought
Extension of time request under s15AB
On 29 April 2014, the Department of Immigration and Border Protection
requested further time to make a decision on your FOI request of 5 March
2014.
This request was on the basis that the processing period is insufficient
to deal adequately with your request, because it is complex.
The Information Commissioner has decided to grant Department Of
Immigration And Border Protection an extension of time of 14 days for this
request, to 26 May 2014. This decision has been made under s15AB(2) of the
Freedom of Information Act 1982 (Cth) (the Act). A copy of the decision is
attached.
Review rights
If you are unhappy with the way we have handled this matter, you may
complain to the Commonwealth Ombudsman. This service is free, and you can
contact the office on 1300 362 072 or visit [2]www.ombudsman.gov.au.
If you would like to discuss this matter you may contact me on (02) 6239
9121 or via email [email address].
Yours sincerely
Elizabeth Zatschler | Investigations Officer
Office of the Australian Information Commissioner
4 National Circuit, BARTON ACT 2600
GPO Box 2999 CANBERRA ACT 2601 |www.oaic.gov.au
Phone: +61 2 6239 9121
Fax: +61 2 6239 9187
Email: [3][email address]
Protecting information rights – advancing information policy
P Please consider the environment before printing this email
[4]Description: Description: Description: Title: Image: Privacy Awareness
Week banner 2014 - Description: web banner with border
Show your commitment to privacy during Privacy Awareness Week 2014.
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References
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1. mailto:[FOI #545 email]
2. http://www.ombudsman.gov.au/
3. mailto:[email address]
5. http://www.oaic.gov.au/news-and-events/p...
Dear Elizabeth Zatschler,
Thank you for your correspondence regarding the 14 day extension of this FOI request.
I look forward to reading the requested documents on 26 May 2014.
Yours sincerely,
deepthought
Dear Department of Immigration and Border Protection,
Will this FOI request be fulfilled today 26 May 2014?
Yours faithfully,
deepthought
UNCLASSIFIED
Our references: FA 14/03/00149; ADF2014/7556
Dear Deep Thought,
I refer to your FOI request received on 5 March 2014 seeking access to
the following:
All details of subcontracts between Transfield Services and Wilson
Security as per the "Heads of Agreement" for services rendered on Nauru
and Manus Island Regional Processing Centers.
I have made a decision on this request.
Please see attached my signed Decision Letter, Decision Record, Schedule
of Documents and documents released under the FOI Act.
The department will be in contact with you in future once there’s an
outcome to Transfield Services exercising their review rights. You can
read more about this within my decision letter.
Regards
Ashley Smith
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6225 8037
UNCLASSIFIED
Dear FOI,
Thank you for your decision regarding this FOI request. The documents supplied thus far make interesting reading.
I note that:
"The department will be in contact with you in future once there’s an outcome to Transfield Services exercising their review rights. You can read more about this within my decision letter."
Has Transfield Services exercised their review rights on the entire Manus Island Subcontract with Wilson Security?
What is the time period remaining for this 'review rights' period that Transfield Services has excercised?
Thank you once again for fulfilling this request thus far.
Yours sincerely,
deepthought
UNCLASSIFIED
Good morning Deep Thought,
The decision letter explains the statement you've highlighted below. If you read my decision letter the statement below will make more sense.
In essence, all information subject to Section 27 consultation (5 pages in total) which is detailed in the decision letter attachment and gives you the exact page numbers, is information Transfield Services has formally objected to being released. Transfield Services now have 30 days to lodge a formal review of my decision (and 60 days to lodge a review to the Office of the Australian Information Commissioner) to release this information to you.
If you have any further questions feel free to ask, thank you.
Ashley Smith
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6225 8037
Dear FOI,
Thank you for your prompt reply.
I understand that Transfield Services has formally objected to the release of 5 pages under Section 27, as is their right under the FOI act.
As I understand it, this relates to the Subcontract between 'Transfield Services and Wilson Security for Nauru Regional Processing Center' only.
My FOI request was also for the Subcontract between Transfield Services and Wilson Security for the 'Manus Island Regional Processing center', yet it appears this document was not even considered in this FOI request decision.
Will I need to lodge a seperate FOI request to access this document regarding Transfield Services, Wilson Security and the Manus Island Regional Processing Center?
Yours sincerely,
deepthought
UNCLASSIFIED
Good afternoon Mr Deep Thought,
That's correct in terms of the review rights.
Thank you for pointing out only one document has been provided and no explanation surrounding Manus Island, I regret I haven't provided enough context on this matter in my decision letter. The short answer is I've provided you all the documents in scope of your request.
G4S was the entity responsible for providing services on Manus Island at the time of your request, Transfield Services weren't contracted to provide any services on Manus Island. Therefore any document relating to subcontracts between Transfield Services and Wilson Security for services on Manus Island is a document that doesn't exist. I'm happy to reissue you a revised decision explaining this however you do have all the documents within the scope you provided.
The new decision letter I'll issue you in the next few days will be exactly the same as the one I sent you dated 26 May 2014, just with this matter above documented more fully.
Regards,
Ashley Smith
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6225 8037
Dear FOI,
Thank you for clarifying this point re: Manus Island Subcontracts.
As details of Transfield/Wilson Subcontracts were made public in the press on 25 Feb 2014 (http://www.smh.com.au/business/transfiel...) I thought I may have had both documents within the scope of this request.
Either way, I am still interested in this Subcontract between Transfield Service and Wilson Security for Manus Island and will lodge a new FOI request for it in the near future.
Thanks once again for your professionalism and prompt service of this FOI request.
Yours sincerely,
deepthought
UNCLASSIFIED
Good afternoon Deep Thought,
I will address this matter within my revised decision letter more fully.
If you are interested in subcontracts between Transfield Services and Wilson Security for Manus Island you're welcome to lodge a new FOI request for the documents you seek.
Thank you.
Ashley Smith
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6225 8037
UNCLASSIFIED
Good afternoon Deep Thought,
Please see attached my revised decision letter. The only alteration has been the use of Section 24A to address the matter you've raised below. Thank you.
Regards,
Ashley Smith
FOI & Privacy Policy Section
Department of Immigration and Border Protection
Telephone: (02) 6225 8037
Ben Fairless left an annotation ()
Hi DT,
I would simply suggest saying that the Right to Know email address is valid for the purposes of the Act. You don't need to give your personal email address as Right to Know will alert you and allow you to respond to any notices you might receive.
Thanks,
Ben