We don't know whether the most recent response to this request contains information or not – if you are Joseph Semmens please sign in and let everyone know.

Tolerances on ACT mobile speed cameras

We're waiting for Joseph Semmens to read a recent response and update the status.

Good evening

I am writing to make a request under the Freedom of Information Act 2016 (the Act).

I request any document that confirms that the tolerance on mobile speed cameras operating in the ACT is 8km/h for speed zones 90km/h or less, and 11km/h for 100km/h speed zones.

I suggest that the relevant factors favouring public disclosure in this request are found in s2(a)(iii) and s2(a)(vii) of Schedule 2 of the Act. That is, disclosing the documents in my request would enable members of the public to know that a consistent standard of discretion has been applied to speed camera offences detected by mobile vans.

In your decision, I request that you do not rely on sections of the Act that permit you to refuse access if “disclosure of the information would... prejudice law enforcement”, or similar. Making this request has, by its nature, confirmed that this information is in fact already public.

Yours faithfully,

Joseph Semmens

JACS FOI, ACT Justice And Community Safety Directorate

Thank you for contacting the ACT Justice and Community Safety Directorate
FOI team.

 

Please note that this is an automated response to confirm that your email
has been received.

 

If you wish to lodge a request for access to documents under the Freedom
of Information Act 2016 (FOI Act) please ensure that your request is in
writing, stating that it is an application for the purposes of the FOI
Act, and providing sufficient details for describing the documents you
wish to access. If you are requesting personal information about yourself
then please ensure you enclose a copy of your photographic identification.

 

The JACS FOI will acknowledge your request in accordance with the
legislative requirements of the Act.

 

The FOI team can be contacted on 02 6207 2167

 

show quoted sections

TCCS_FreedomOfInformation, ACT Justice And Community Safety Directorate

2 Attachments

OFFICIAL
Dear Mr Semmens
 
FREEDOM OF INFORMATION (FOI) REQUEST – 21-032. 
 
I refer to your application received and accepted by Transport Canberra
and City Services (TCCS) from Justice and Community Services (JACS) on 24
March 2021 in which you sought access to information under the Freedom of
Information Act 2016 (the FOI Act).
 
In your application you have requested information relating to the
following documents which may be in possession of the Transport Canberra
and City Services directorate:
 
“I request any document that confirms that the tolerance on mobile speed
cameras operating in the ACT is 8km/h for speed zones 90km/h or less,, and
11km/h  for 100km/h speed zones.  I suggest that the relevant factors
favouring public disclosure in this request are found in s2(a)(iii) and
s2(a)(vii) of Schedule 2 of the Act.  That is, disclosing the documents in
my request would enable members of the public know what a consistent
standard of discretion has been applied to speed camera offences detected
by mobile vans.  In your decision, I request that you do not rely on
sections of the Act that permit you to refuse access if “disclosure of the
information would….prejudice law enforcement”, or similar.  Making this
request has, by its nature, confirmed that this information is in fact
already public.”
 
TCCS is now processing your request and in accordance with section 40 of
the FOI Act, we are required to provide you with a decision on access to
records within the terms of the request within 20 working days of receipt,
being 23 April 2021.
 
Third Party Consultation
 
In processing your application, consultation with relevant third parties
may be required.  If this is the case, you will be notified to this effect
and advised of a revised decision due date in respect of your
application.  In line with the Act, if third party consultation is
required, the due date may be extended by 15 working days.
 
Charges
 
Please be aware that processing charges may be payable in relation to your
request.  Should you be liable to pay a processing charge, you will be
notified in writing of the preliminary assessment and given an opportunity
to make an application that the charge should be remitted in whole or in
part.  This may affect the time within which your application is
processed.
 
TCCS Disclosure Log
 
The FOI Act requires that details regarding your request such as your
application, decision notices, and information released to you, must be
recorded in the agency disclosure log and be made publicly available three
working days after a decision on access has been given to you.  Please be
aware that while no personal information will be included in the published
information all other information will be published on
[1]https://www.cityservices.act.gov.au/abou....
 
TCCS is not required to  publish  applications on its disclosure log where
it relates to a request to access personal information.
 
 
Should you have any queries about the processing of your access
application, please contact the FOI and subpoena team at
[2][email address]  or by telephone on 6207 2987.
 
Yours sincerely,
 
 
Alexandra Martyniak |Administrative Officer 
Phone 62072987 | Email:[email address
Freedom of Information and Subpoenas
Legal and Contracts | Transport Canberra and City Services Directorate
ACT Government | Level 4, 480 Northbourne Avenue, Canberra
GPO Box 158 Canberra ACT 2601 | [3]www.tccs.act.gov.au   
 
 
 

show quoted sections

References

Visible links
1. https://www.cityservices.act.gov.au/abou...
2. mailto:[email address]
3. http://www.act.gov.au/

TCCS_FreedomOfInformation, ACT Justice And Community Safety Directorate

1 Attachment

OFFICIAL: Sensitive - Personal Privacy

Dear Mr Semmens,

 

Please see the attached correspondence in relation to your application
under the Freedom of Information Act 2016.

 

Kind regards,

 

Samantha | Assistant Director

Phone: 62072987   | Email: [email address]

Freedom of Information and Subpoenas | TCCS Legal & Contracts  | Transport
Canberra and City Services Directorate | ACT Government

Level 4, 480 Northbourne Avenue, Dickson 2602 |

 

This email, and any attachments, may be confidential and also privileged. 
If you are not the intended recipient:

o Please notify the sender and delete all copies of this email along
with any attachments immediately.
o Do not copy or use any part of this email for any purpose, nor
disclose its contents to any other person.

 

Dear Transport Canberra and City Services,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an review of TCCS’ handling of my FOI request 'Tolerances on ACT mobile speed cameras'.

I note that my original request was for ‘any document that confirms that the tolerance on mobile speed cameras operating in the ACT is 8km/h for speed zones 90km/h or less, and 11km/h for 100km/h speed zones.’

In her letter refusing my access to documents, the decision maker confirmed that “A search of records held by TCCS has been completed to identify any document that confirms that the tolerance on mobile speed cameras operating in the ACT. This search identified one record as relevant to your request.”

I note that the stated scope of the search was different to the scope specified in my request. I requested documents that confirm the tolerance of mobile speed cameras operating in the ACT is 8km/h for speed zones 90km/h or less, and 11km/h for 100km/h speed zones, not “any document that confirms the tolerance on mobile speed cameras operating in the ACT.”

If a search was undertaken in accordance with the requested scope and no documents were found (i.e. no documents found that confirm the tolerances specified in my request), then I submit that the correct access decision would have been to refuse access on the grounds that the documents do not exist.

If a search was undertaken in accordance with the requested scope and one document was found (i.e. one document that confirms the tolerances specified in my request), then the access decision letter is incorrect as it specifies that a different scope was used for the request.

If a search was not undertaken in accordance with the requested scope, then the decision maker has not actioned my request, and I would request that a search be undertaken in accordance with that scope and the decision letter re-issued.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/t...

Regards,

Joseph Semmens

JACS FOI, ACT Justice And Community Safety Directorate

Thank you for contacting the ACT Justice and Community Safety Directorate
FOI team.

 

Please note that this is an automated response to confirm that your email
has been received.

 

If you wish to lodge a request for access to documents under the Freedom
of Information Act 2016 (FOI Act) please ensure that your request is in
writing, stating that it is an application for the purposes of the FOI
Act, and providing sufficient details for describing the documents you
wish to access. If you are requesting personal information about yourself
then please ensure you enclose a copy of your photographic identification.

 

The JACS FOI will acknowledge your request in accordance with the
legislative requirements of the Act.

 

The FOI team can be contacted on 02 6207 2167

 

show quoted sections

JACS FOI, ACT Justice And Community Safety Directorate

OFFICIAL

Good morning team

I believe this email was intended for you. I have copied the applicant into this email for his information.

Kind regards

Angelique Delahaye I Senior FOI Coordinator
Governance, Coordination and Reporting I Justice and Community Safety Directorate
G 6205 9975 I 6 [email address] | GPO Box 158, Canberra ACT 2601

show quoted sections

TCCS_FreedomOfInformation, ACT Justice And Community Safety Directorate

OFFICIAL

Dear Mr Semmens,

Thank you for contacting Transport Canberra and City Services in relation to your recent FOI access application, reference 21-032.
I understand that you hold concerns relating to the interpretation of your access application, and feel that the decision is not reflective of the your intended scope. Under the FOI Act, we do not have the opportunity to conduct an internal review of a decision or to amend a decision. Should you wish to make a request for a review, you may make an application through the ACT Ombudsman via the below methods:

The ACT Ombudsman
GPO Box 442
CANBERRA ACT 2601
Via email: [email address]

I apologies that I am unable to be of further assistance in relation to your below concerns.

Should you wish to discuss the processing of your application further, please do not hesitate to contact me on (02) 62072987.

Kind regards,

Samantha | Assistant Director
Phone: 62072987 | Email: [email address]
Freedom of Information and Subpoenas | TCCS Legal & Contracts | Transport Canberra and City Services Directorate | ACT Government
Level 4, 480 Northbourne Avenue, Dickson 2602 |

This email, and any attachments, may be confidential and also privileged.  If you are not the intended recipient:
- Please notify the sender and delete all copies of this email along with any attachments immediately.
- Do not copy or use any part of this email for any purpose, nor disclose its contents to any other person.

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Joseph Semmens please sign in and let everyone know.