Telecommunications records between Regional Incubator Facilitator Daniel Smith and the Department

Witherspoon made this Freedom of Information request to Department of Industry, Innovation and Science

The request was refused by Department of Industry, Innovation and Science.

From: Witherspoon

Delivered

Dear FOI Team,

I would like to see:

1) date, time, caller number, destination number, call duration and (where available) geographical origin of all telephone calls made between Regional Incubator Facilitator Daniel Smith and any Department telephone number (or Department officer) from 1/11/2018 until 1/12/2018 inclusively and from 28/10/2019 until 15/12/2019 inclusively;

and

2) date, time, sender number, destination number, content and (where available) geographical origin of all SMS messages exchanged between Regional Incubator Facilitator Daniel Smith and any Department telephone number (or Department officer) from 1/11/2018 until 1/12/2018 inclusively and from 28/10/2019 until 15/12/2019 inclusively;

Yours faithfully,

Harry Witherspoon

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From: Witherspoon

Delivered

Dear FOI Team,

Can you please confirm receipt of this FOI request?

Yours faithfully,

Harry Witherspoon

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From: Freedom of Information
Department of Industry, Innovation and Science

Dear Harry

We acknowledge receipt of the Freedom of Information request (email below).

Your request was received by the Department of Industry, Innovation and Science (the department) on 29 July 2020.

Your request will be processed in accordance with the FOI Act.

The department will notify you of any charges or of a decision as soon as practicable.

If you have any questions, please contact the FOI team.

Regards

FOI Team
Legal, Audit and Assurance | Corporate & Digital
GPO Box 2013, Canberra ACT 2601

Department of Industry, Science, Energy and Resources | www.industry.gov.au

Supporting economic growth and job creation for all Australians

Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this communication is strictly prohibited. If you have received this transmission in error, please notify me immediately by telephone and delete copies of this transmission together with any attachments.

OFFICIAL

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Denis Jakota left an annotation ()

Note to all:
I have also lodged applications having taken an interest. If you have any information and wish to collaborate on this, you may reach me via:
d (dot) jakota74 (at) gmail (dot) com.

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From: Freedom of Information
Department of Industry, Innovation and Science


Attachment LEX 66692 FOI Template 24AB Notice of intention to refuse.pdf
323K Download View as HTML


Dear Harry

 

Please find attached correspondence in relation to your Freedom of
Information request received on 29 July 2020.

 

Should you have any queries in relation to this matter, please contact the
FOI team.

 

Regards

 

Sasha

 

FOI Team

Legal, Audit and Assurance | Corporate & Digital

GPO Box 2013, Canberra ACT 2601

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From: Witherspoon

Delivered

Dear Sasha,

To constrain the request such that it may be more manageable, please treat the request as follows:

- date, time, caller number, destination number, call duration and (where available) geographical origin of all telephone calls made by Regional Incubator Facilitator Daniel Smith to any Department telephone number (or Department officer) from 1/11/2018 until 22/11/2018 inclusively and from 28/10/2019 until 15/12/2019 inclusively.

This will reduce the request drastically by limiting the query to calls made by Daniel Smith exclusively.

Yours sincerely,

Witherspoon

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From: Witherspoon

Delivered

Dear Sasha,

For each call, please also include (and do not redact) the name of the APS employee whose telephone number was dialed irrespective of SES level.

If the department redacts telephone numbers, please do not redact the 3 digits of each.

Yours sincerely,

Witherspoon

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Alby P. left an annotation ()

Re Denis Jakota msg, FYI there is a private messaging function.

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From: Freedom of Information
Department of Industry, Innovation and Science


Attachment LEX 66692 Notice of Decision.pdf
1019K Download View as HTML


Dear Harry

 

Please find attached correspondence in relation to your FOI request of 29
July 2020.

 

Regards

 

FOI Team

Legal, Audit and Assurance | Corporate & Digital

GPO Box 2013, Canberra ACT 2601

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From: Witherspoon

Delivered

Dear Andrew,

Please note that the request (1) had been extensively constrained to calls only made by Daniel Smith - I had emphasised this point.

The search and processing time for this request should not exceed 30 minutes.

Please also note that you have failed to respond, let alone make a decision for, this FOI request within the legislated timeframes.

I will keep an open mind as to motives and circumstances, and should you fail to disclose all phonecalls as requested by end of day on Monday I will file a formal complaint with your department and the OAIC.

Yours sincerely,

Harry Witherspoon

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From: Freedom of Information
Department of Industry, Innovation and Science


Attachment LEX 66692 Notice of Decision.pdf
1019K Download View as HTML


Dear Mr Witherspoon

Thank you for your below email.

I have attached a copy of the decision relating to your FOI request. This decision was made within the statutory timeframes.

Please note that Attachment A of the decision sets out your review rights. You may wish to refer to that attachment if you are dissatisfied with the decision.

I also note your email dated 1 September at 4.34pm in relation to FOI request 66782. Again I refer you to your review rights set out in Attachment A of the relevant decision letter.

Regards

Erin

FOI team
Legal, Audit and Assurance Branch
[Department of Industry, Innovation and Science request email]
OFFICIAL

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From: Witherspoon

Delivered

Dear Freedom of Information,

I am requesting a decision review pursuant to s. 54 of the FOI Act.

Please note that the department's claim that I did not ‘introduce any limiting factors’ to item 1 is blatantly false; I did so with clear emphasis [1].

Further, the department's claim that the FOI decision was ‘made within the statutory timeframes’ [2] is also false as the department is in breach of ss. 15(5)(a) & 15(5)(b) of the FOI Act [3-4].

Please release the information as requested.

Yours faithfully,

Harry Witherspoon

REFERENCES

[1] Amendment of FOI 66692 item 1 - https://www.righttoknow.org.au/request/t...

[2] Quote 'decision was made within the statutory timeframes' - https://www.righttoknow.org.au/request/t...

[3] Section 24AB(8) of the FOI Act - 'The period starting on the day an applicant is given a notice under subsection (2) and ending on the day the applicant does one of the things mentioned in paragraph (6)(b) or (c) is to be disregarded in working out the 30 day period mentioned in paragraph 15(5)(b)'.

[4] Appropriate application of s. 24AB(8) of the Act by ASIC under 'Timeframe' - https://www.righttoknow.org.au/request/5...

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From: Freedom of Information
Department of Industry, Innovation and Science

Harry,

 

I confirm receipt of your internal review request received 14 September
2020.

 

A different decision maker will be appointed for your FOI matter.

 

The current due date for the internal review decision is on or before 13
October 2020.

 

Regards

 

 

FOI Team

Legal, Audit and Assurance | Corporate & Digital

GPO Box 2013, Canberra ACT 2601

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From: Freedom of Information
Department of Industry, Innovation and Science


Attachment LEX 67061 Notice of decision..pdf
5.5M Download View as HTML


Dear Harry

 

Please find attached correspondence in relation to your internal review
request of 14 September 2020.

 

Should you have any queries regarding this matter, please contact the FOI
team.

 

Regards

 

Sasha Pesic
Senior FOI Officer
(02) 6102 8423

 

FOI Team

Legal, Audit and Assurance | Corporate & Digital

GPO Box 2013, Canberra ACT 2601

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Witherspoon left an annotation ()

RE: Information Commissioner review

My email address is: harry [dot] witherspoon79 [at] gmail [dot] com

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Things to do with this request

Anyone:
Department of Industry, Innovation and Science only: