Submissions to Consultation on Amendments to the Racial Discrimination Act

Brendan Molloy made this Freedom of Information request to Attorney-General's Department

The request was partially successful.

From: Brendan Molloy

Delivered

Dear Attorney-General's Department,

I hereby request, under the Freedom of Information Act 1982, copies of the following documents:

a) All submissions to the consultation into Amendments to the Racial Discrimination Act 1975.

The consultation referenced can be found here: http://www.ag.gov.au/consultations/Pages...

I also make the application that all costs for all aspects of the processing of this request be waived on the grounds that the release of this information is in the public interest, will enhance the transparency of the process and the public debate surrounding potential legislative changes.

It is a significant norm or convention that submissions to consultations or inquiries are only withheld upon request, not made confidential by default.

It honestly goes without saying that an inquiry being censored, that is purported to be into free speech, is ironic in the extreme.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: FOI Requests
Attorney-General's Department

Thank you for your email. This is an automated response to advise you that
your email has been received by the Attorney-General's Department's FOI
Coordinator.

 

If you wish to lodge a request for access to documents under the Freedom
of Information Act 1982 (FOI Act), please ensure that your request is in
writing, states that it is an application for the purposes of the FOI Act
and provides sufficient detail describing the documents you wish to
access. The FOI Coordinator will acknowledge your request within 14 days.

 

 

Kind Regards

 

Freedom of Information and Privacy Section.

 

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Privacy Collection Notice

When you make a request for documents or an inquiry about privacy matters,
the Attorney-General’s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
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From: FOI Requests
Attorney-General's Department


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UNCLASSIFIED

14/8456

 

26 June 2014

 

 

Mr Brendan Molloy

Email: [1][FOI #656 email]

 

Dear Mr Molloy

Freedom of Information Request no. FOI14/123

 

I refer to your request for access to documents relating to amendments to
the Racial Discrimination Act 1975 under the Freedom of Information Act
1982. I have taken your request to be for:

all submissions to the consultation into Amendments to the Racial
Discrimination Act 1975.

 

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

We received your request on 20 June 2014 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 20 July 2014. The period of
30 days may be extended if we need to consult third parties or for other
reasons. We will advise you if this happens.

It is the usual practice of the Department to not release the names and
contact details of junior officers of the Department and other government
agencies, where that personal information is contained in documents within
scope of a request.  The names and contact details of senior officers will
generally be released.  We will take it that you agree to the removal of
junior officers’ personal information unless you advise that you would
like us to consider releasing that information as part of the documents
you have requested.

Please note that information released under the FOI Act may later be
published online on our disclosure log
[2]http://www.ag.gov.au/RightsAndProtection...,
subject to certain exceptions. (For example, personal information will not
be published where this would be unreasonable.)

We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact. If you have
any questions, please contact the FOI Section by email [3][AGD request email].

 

Kind Regards

 

FOI Contact Officer

 

Freedom of Information and Privacy Section | Office of Corporate Counsel

Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
*: [4][AGD request email]

 

[5]2586 Indigenous signature block NEW

 

 

 

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From: FOI Requests
Attorney-General's Department


Attachment Signed S24AB Notice 14 123.pdf
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UNCLASSIFIED
Good afternoon Mr Molloy

Please find attached the Department s24AB Notice for your consideration.

Kind regards

FOI Case Manager
FOI and Privacy Section

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From: Brendan Molloy

Delivered

Dear FOI Requests,

Instead, would it be possible to get a list of which organisations or persons made submissions to this inquiry in place of my original request?

If a list that would include individuals would be too onerous, just a list of organisations who made submissions would be excellent.

It would be even better if this could be considered an administrative access request instead of a formal FOI request, however if administrative access is not possible, please consider this a formal FOI request.

My original arguments regarding processing fees and the public interest remain valid for this request.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: Wilson, Meagan
Attorney-General's Department

UNCLASSIFIED
Dear Mr Molloy

Thank you for reconsidering your scope.

I understand your reduced scope to be either

" a list of organisations and individual who made submission regarding the proposed changes to the Racial Discrimination Act"
Or

" a list of organisation who made submission to the proposed changes to the Racial Discrimination Act"

Whichever is the least onerous. I will consult with the line area to seek their views as to complexity and size of either scope.

It may be that both suggested scope will remain to voluminous due to the amount of consultation which would be required to be undertaken.

I should also draw your attention to the Department Disclosure Log, as this may assist you with the information you are trying to locate. http://www.ag.gov.au//RightsAndProtectio... .

Kind regards

Meagan Wilson
Attorney General’s Department
Office of Corporate Counsel
Tel: 02 6141 4311
Email: [email address]

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From: Brendan Molloy

Delivered

Dear Ms Wilson,

Thanks for your reply.

It would be much appreciated if you could forward me the documents referred to in the link you provided, as attachments.

--
Regards,

Brendan Molloy
Councillor
Pirate Party Australia

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From: FOI Requests
Attorney-General's Department


Attachment FOI14 069 redacted document final 2 Doc 1.pdf
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Attachment Copy of Document 2 Redacted Final 1.pdf
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UNCLASSIFIED
Good afternoon Mr Molloy

As request please find attached information released following FOI request FOI 14/069 as mentioned on the Departments disclosure log.

Kind regards

FOI Case Manager
FOI and Privacy Section

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From: Brendan Molloy

Delivered

Dear FOI Requests,

Can I have an update on the ambit change?

--
Regards,

Brendan Molloy
President
Pirate Party Australia

Link to this

From: FOI Requests
Attorney-General's Department

Thank you for your email. This is an automated response to advise you that
your email has been received by the Attorney-General's Department's FOI
Coordinator.

 

If you wish to lodge a request for access to documents under the Freedom
of Information Act 1982 (FOI Act), please ensure that your request is in
writing, states that it is an application for the purposes of the FOI Act
and provides sufficient detail describing the documents you wish to
access. The FOI Coordinator will acknowledge your request within 14 days.

 

 

Kind Regards

 

Freedom of Information and Privacy Section.

 

show quoted sections

Privacy Collection Notice

When you make a request for documents or an inquiry about privacy matters,
the Attorney-General’s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

--------------------------------------------------------------------------

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From: FOI Requests
Attorney-General's Department

UNCLASSIFIED
Good afternoon Mr Molloy

Could you please clarify what you mean by 'Can I have an update on the ambit change?'?

Kind Regards

FOI Contact Officer

Freedom of Information and Privacy Section | Office of Corporate Counsel Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
Email: [AGD request email]

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From: Brendan Molloy

Delivered

Dear FOI Requests,

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

I am waiting for the checking with the line area. My informal request to receive the other documents from the disclosure log, that should already have been published in the disclosure log, was not a withdrawal of my FOI request.

Apologies for any confusion.

--
Regards,

Brendan Molloy
President
Pirate Party Australia

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From: FOI Requests
Attorney-General's Department

UNCLASSIFIED
Good afternoon Mr Molloy

I have consulted the line area to seek the view on the possibility of processing the two options you had suggested. It both situations the line area felt that both options would not be feasible given the amount of consultation that would be involved, and would therefore not remove the practical refusal reason.

They have however suggested the following scope which would be able to be processed as consultation would not be so onerous.

"A list of organisations who made substantive submissions and who have agreed to publication"

My apologies for the delay in responding to you, this has been partly due to lack of resources as various staff have been away from work sick.

Please don't hesitate to contact me should you wish to discuss this matter further.

Kind regards

Meagan Wilson
Attorney General’s Department
Office of Corporate Counsel
Tel: 02 6141 4311
Email: [email address]

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From: Brendan Molloy

Delivered

Dear Ms Wilson,

The proposed scope seems acceptable given the other documents already provided from a previous applicant.

I entirely understand the impact the seasonal flu can have on productivity. Hope you're lucky enough to avoid getting sick!

--
Regards,

Brendan Molloy
President
Pirate Party Australia

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From: FOI Requests
Attorney-General's Department


Attachment FOI 14 123 request for extension of time.pdf
194K Download View as HTML


UNCLASSIFIED
Good morning Mr Molloy

Thank you for your email and agreeing the proposed scope. I have attached to this email a letter requesting a five day extension of time due to staff illness. I hope this will be acceptable to you.

Kind regards

Meagan Wilson
Attorney General’s Department
Office of Corporate Counsel
Tel: 02 6141 4311
Email: [email address]

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From: Brendan Molloy

Delivered

Dear Ms Wilson,

I consent to the 5 day extension.

--
Regards,

Brendan Molloy
President
Pirate Party Australia

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From: FOI Requests
Attorney-General's Department

UNCLASSIFIED
Dear Mr Molloy

Thank you very much for your understanding in this matter.

Kind regards

Meagan Wilson
Attorney General’s Department
Office of Corporate Counsel
Tel: 02 6141 4311
Email: [email address]

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From: Wilson, Meagan
Attorney-General's Department


Attachment FOI 14123 Molloy 2.pdf
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Attachment FOI 14123 Schedule of Documents 2.docx
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UNCLASSIFIED
Good afternoon Mr Molloy

Please find attached the Department's Statement of Reasons together with schedule of documents. Due to the volume of documents approved for release, they are being copied onto a CD and will be sent to you in the normal postal service.

Kind regards

Meagan Wilson
Attorney General’s Department
Office of Corporate Counsel
Tel: 02 6141 4311
Email: [email address]

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From: Brendan Molloy

Delivered

Dear Ms Wilson,

Thank you for actioning this request. If possible, I would much prefer it if the documents could be sent as an attachment in a zip file (or several if required).

Saves me having to find a computer with a CD drive, haha.

--
Regards,

Brendan Molloy
President
Pirate Party Australia

Link to this

From: Wilson, Meagan
Attorney-General's Department


Attachment Doc 1 2.zip
13.1M Download


UNCLASSIFIED
Good afternoon Mr Molloy

I will now try and send the documents to you via email. Please note that there will be a few emails.

Email 1

Kind regards

Meagan Wilson
Attorney General’s Department
Office of Corporate Counsel
Tel: 02 6141 4311
Email: [email address]

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From: Wilson, Meagan
Attorney-General's Department


Attachment Doc 3 4.zip
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UNCLASSIFIED

Mr Molloy

 

Email 2

 

 

Meagan Wilson

Attorney General’s Department

Office of Corporate Counsel

Tel: 02 6141 4311

Email: [1][email address]

 

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From: Wilson, Meagan
Attorney-General's Department


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UNCLASSIFIED

Mr Molloy

 

Email three

 

Meagan Wilson

Attorney General’s Department

Office of Corporate Counsel

Tel: 02 6141 4311

Email: [1][email address]

 

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From: Wilson, Meagan
Attorney-General's Department


Attachment Doc 6 7.zip
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UNCLASSIFIED

Mr Molloy

 

Email four

 

Meagan Wilson

Attorney General’s Department

Office of Corporate Counsel

Tel: 02 6141 4311

Email: [1][email address]

 

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From: Wilson, Meagan
Attorney-General's Department


Attachment Doc 8 9.zip
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UNCLASSIFIED

Mr Molloy

 

Email five

 

Meagan Wilson

Attorney General’s Department

Office of Corporate Counsel

Tel: 02 6141 4311

Email: [1][email address]

 

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From: Wilson, Meagan
Attorney-General's Department


Attachment Doc 10 11.zip
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UNCLASSIFIED

Mr Molloy

 

Email six

 

Meagan Wilson

Attorney General’s Department

Office of Corporate Counsel

Tel: 02 6141 4311

Email: [1][email address]

 

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1. mailto:[email address]

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From: Wilson, Meagan
Attorney-General's Department


Attachment Doc 10 11.zip
6.1M Download


UNCLASSIFIED

Mr Molloy

 

Email seven

 

Meagan Wilson

Attorney General’s Department

Office of Corporate Counsel

Tel: 02 6141 4311

Email: [1][email address]

 

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From: Wilson, Meagan
Attorney-General's Department


Attachment Doc 12 13.zip
7.0M Download


UNCLASSIFIED

Mr Molloy

 

Email eight

 

Meagan Wilson

Attorney General’s Department

Office of Corporate Counsel

Tel: 02 6141 4311

Email: [1][email address]

 

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References

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1. mailto:[email address]

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From: Wilson, Meagan
Attorney-General's Department


Attachment Doc 14 15.zip
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UNCLASSIFIED

Mr Molloy

 

This is the final email.

 

Can you let me know that you have received all 15 documents.

 

Kind regards

 

Meagan Wilson

Attorney General’s Department

Office of Corporate Counsel

Tel: 02 6141 4311

Email: [1][email address]

 

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From: Brendan Molloy

Delivered

Dear Ms Wilson,

It seems I have received the documents, but I do have a remaining question.

None of these documents required being redacted and most (if not all) were provided to the AGD in digital form, either by email or uploaded to a website, in a digital format that allows text to be selected and otherwise interacted with in a partially computer processable way.

Printing and scanning these documents unnecessarily destroys the utility of receiving these documents in discrete form in the following ways:

* The filesize of these documents becomes immensely high. Some of these 5-10MB files would only have been 100KB at most to begin with.
* It destroys all accessibility as screen readers cannot detect the text in the files.
* It makes it impossible to highlight text and therefore use them in the manner that discrete formats provide that paper-based formats cannot.

I note that Adobe provides redaction tools that can also remove metadata as part of their PDF suite, and this has been used on previous requests where I have received documents.

Was this effort to provide scans of these documents as opposed to their partially processable discrete formats (ie PDF) intentional AGD process, and if so, why?

--
Regards,

Brendan Molloy
President
Pirate Party Australia

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From: Brendan Molloy

Delivered

Dear Attorney-General's Department,

Ten days ago, I asked a question as a result of documents I received regarding an FOI request: https://www.righttoknow.org.au/request/s...

It would be much appreciated if this question could be answered.

--
Regards,

Brendan Molloy
President
Pirate Party Australia

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Brendan Molloy left an annotation ()

As per usual, AGD opacity rues.

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Matthew Landauer left an annotation ()

This request is referenced in http://www.zdnet.com/au/attorney-general...

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Things to do with this request

Anyone:
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