TPP and Related Documents (AG)

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:

1) 12/17985 CJD - BILB - TPP - E-commerce chapter - privacy issues
2) 12/12277 BILB - Trans-Pacific Partnership negotiations - Leesburg Round (September 2012)
3) 12/16402 BILB - Trans-Pacific Partnership negotiations - Auckland Round (December 2012)
4) 12/16722 Trans Pacific Partnership - Intellectual Property
5) 12/17275 Trans Pacific Partnership 15th round general file

I also make the application that all costs for 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.

--
Regards,

Brendan Molloy
Secretary
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.

 

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From: Eisenberg, Andra
Attorney-General's Department

UNCLASSIFIED
Dear Mr Molloy

I refer to your FOI request of 10 May 2013 below.

Your request states that it is for documents but in fact, the numbers given are file numbers not document numbers. We therefore cannot process your request as currently worded. This is because, section 11(1) of the Act provides only that you have a legally enforceable right to obtain access to the documents of an agency and furthermore, this request would be huge and would constitute an unreasonable and substantial diversion of this agency's resources (section 24A(1).

If you wish to pursue this request, you will need to lodge a new request which we would be able to process. If you require assistance in doing so, you may contact me to discuss the terms of your request.

Regards

Andra Eisenberg | Senior Legal Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel Australian Government Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
T: +61 (2) 6141 3274  E: [email address]   

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From: Brendan Molloy

Delivered

Dear Ms Eisenberg,

I am quite surprised by this response.

I have sent similarly worded requests to both DFAT[1] and IP Australia[2], which are currently in the process of either having their ambit redefined or in consultation with third parties, but neither attempted to reject my request under s 11(1).

I suppose then, as you requested, I will resubmit my request with the following wording:

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

1) Documents relating to the Intellectual Property or E-Commerce chapters of the Trans-Pacific Partnership Agreement, from within the following files:
a) 12/17985 CJD - BILB - TPP - E-commerce chapter - privacy issues
b) 12/12277 BILB - Trans-Pacific Partnership negotiations -
Leesburg Round (September 2012)
c) 12/16402 BILB - Trans-Pacific Partnership negotiations -
Auckland Round (December 2012)
d) 12/16722 Trans Pacific Partnership - Intellectual Property
e) 12/17275 Trans Pacific Partnership 15th round general file

I also make the application that all costs for 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.

[1] https://www.righttoknow.org.au/request/t...
[2] https://www.righttoknow.org.au/request/t...

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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Brendan Molloy left an annotation ()

Always remember that if they ask you to re-submit a request or modify it substantially that you must re-include the paragraph about public interest.

Often they will consider a scope change a new request and ignore your public interest waiver request, leading to not so fun cost arguments.

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From: Brendan Molloy

Delivered

Dear Ms Eisenberg,

I am enquiring regarding whether or not you have received my amended freedom of information request.

Please let me know if there are any issues.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Eisenberg, Andra
Attorney-General's Department

UNCLASSIFIED
Dear Mr Molloy

Yes - I received your amended request of 17 May and am processing your request. Hopefully it won't be too much longer.

Regards

Andra Eisenberg | Senior Legal Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel Australian Government Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
T: +61 (2) 6141 3274  E: [email address]   

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From: Eisenberg, Andra
Attorney-General's Department

UNCLASSIFIED

Dear Mr Molloy

 

Freedom of Information Request  No. FOI 13/051

 

I refer to your request under the Freedom of Information Act 1982 (FOI
Act) for access to:

 

Documents relating to the Intellectual Property or E-Commerce chapters of
the Trans-Pacific Partnership Agreement, from within the following files:

 

a) 12/17985 CJD - BILB - TPP - E-commerce chapter - privacy issues

b) 12/12277 BILB - Trans-Pacific Partnership negotiations -

Leesburg Round (September 2012)

c) 12/16402 BILB - Trans-Pacific Partnership negotiations -

Auckland Round (December 2012)

d) 12/16722 Trans Pacific Partnership - Intellectual Property

e) 12/17275 Trans Pacific Partnership 15th round general file

 

A decision on your request is due today, 17 June 2013.  Unfortunately, due
to staff absences in the department, I have not yet been able to finalise
the processing of your request.  I would be grateful if you would agree to
a short extension of time under s 15AA of the FOI Act (extension of time
with agreement) that would give me until Friday 21 June 2013 to complete
the processing. 

 

Regards

 

 

 

Andra Eisenberg | Senior Legal Officer

Freedom of Information and Privacy Section | Office of Corporate Counsel
Australian Government Attorney-General's Department | 3 - 5 National
Circuit, Barton ACT 2600

T: +61 (2) 6141 3274  E: [1][email address]   

 

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From: Brendan Molloy

Delivered

Dear Ms Eisenberg,

I will not consent to an extension to Friday, but I will consent to an extension to Wednesday, 19 June 2013.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Brendan Molloy

Delivered

Dear Ms Eisenberg,

I note that it seems that this request is now overdue.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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From: Eisenberg, Andra
Attorney-General's Department

UNCLASSIFIED
Dear Mr Molloy

Thank you for your e-mail. I apologise for the delay in completing your request. As I mentioned in my e-mail of 17 June 2013, staff absences have meant that processing your request is taking a little longer than planned. Because your request involves consideration of more than 90 documents and a significant amount of consultation, I have applied to the Office of the Information Commissioner under s15AB of the FOI Act (extension of time for complex or voluminous requests) for an extension of time to process the request.

I hope to be able to provide you with a decision on your request in the next few days.

Regards

Andra Eisenberg | Senior Legal Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel Australian Government Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
T: +61 (2) 6141 3274  E: [email address]   

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From: Brendan Molloy

Delivered

Dear Ms Eisenberg,

Thank for you for the update.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

Link to this

From: FOI Requests
Attorney-General's Department

UNCLASSIFIED

Dear Mr Molloy

 

Freedom of information request number FOI13/051

 

I am writing in regards to your request under the Freedom of Information
Act 1982 for documents in relation to the Trans-Pacific Partnership. As
Andra Eisenberg is now on leave, I have taken over as case officer of this
request.

 

The Office of the Australian Information Commissioner has granted the
Department an extension of time under s 15AC of the FOI Act to process
your request. The OAIC has decided to allow the Department to Monday 1
July 2013 to make a decision on your request and I anticipate that the
decision on your request will be made by this date. Please see below for
the OAIC’s decision.

 

Please feel free to contact me if you have any questions on this.

 

Kind regards

 

Ken Menz | FOI Officer

Office of Corporate Counsel

Attorney-General's Department

3-5 National Circuit | Barton ACT 2600
Tel + 61 2 6141 2674

[1][AGD request email]

 

From: Elizabeth Zatschler [mailto:[email address]]
Sent: Thursday, 27 June 2013 10:20 AM
To: FOI Requests
Subject: TRIM: Brendan Molloy - Extension of time request under s 15AC
[SEC=UNCLASSIFIED]

 

Dear Mr Menz

 

Extension of time request under s 15AC

Thank you for your correspondence of 23 June 2013, in which you requested
further time for the Attorney-General’s Department to process Mr Brendan
Molloy’s request of 17 May 2013 under the Freedom of Information Act 1982
(Cth) (the Act).

You advised that Attorney-General’s Department has received an agreement
under s15AA of the Act for an extension of time from the applicant to 19
June 2013 and that this period is not sufficient to process this request.

Mr Molloy’s request is currently subjected to a deemed refusal decision,
as no decision has been made by Attorney-General’s Department within the
statutory timeframe. You have sought further time, until 1 July 2013,
under s 15AC of the Act to process the request.

Decision

As a delegate of the Information Commissioner, I am authorised to make
decisions on requests for further time under s 15AC of the FOI Act.

Subject to the below conditions I have decided to allow further time under
s 15AC(5) of the FOI Act until close of business 1 July 2013. By allowing
further time it is anticipated that Attorney-General’s Department will
provide a well-reasoned and better managed decision.

Condition

Under s 15AC (6) of the FOI Act, the Information Commissioner may impose
any condition considered appropriate. I advise that it is a condition of
granting this request that the Attorney-General’s Department  notify Mr
Molloy of the OAIC’s decision.

I note that this allowance under s 15AC of the FOI Act will mean that the
deemed refusal is taken never to have applied if Attorney-General’s
Department complies with the conditions and makes its final decision by
close of business 1 July 2013. Such an extension can only be granted once
and cannot be extended by a variation. Please note that an extension under
s 15AC of the FOI Act means that charges cannot be reimposed.

Contact

If you have any questions about this email, please contact me on (02) 6239
9121 or by email at [2][email address]. In all
correspondence please include reference number RQ13/01084.

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

 

 

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From: FOI Requests
Attorney-General's Department


Attachment R 4 TPP copyright meetings.pdf
923K Download View as HTML

Attachment R 7 TPP exceptions article.pdf
971K Download View as HTML

Attachment R 8 Media Talking Points TMO TPP IP Limitations and Exceptions 6 August 2012.pdf
662K Download View as HTML

Attachment R 11 TPP US provisions analysis.pdf
935K Download View as HTML

Attachment R 12 TPP Copyright analysis K Wetherall.pdf
1.4M Download View as HTML

Attachment R 15 Questions for Leesburg.pdf
961K Download View as HTML

Attachment R 18 Questions for Leesburg.pdf
522K Download View as HTML

Attachment R 22 Questions for Leesburg.pdf
960K Download View as HTML

Attachment R 28 IP suggested text.pdf
961K Download View as HTML

Attachment R 29 TPP enquiry draft response.pdf
662K Download View as HTML

Attachment Decision letter.pdf
3.5M Download View as HTML


UNCLASSIFIED

Dear Mr Molloy

 

Your freedom of information request no. FOI13/051 – Part 1 of 2

 

Please find attached the Attorney-General’s Department’s decision on your
request for documents in relation to the Trans-Pacific Partnership. This
includes the decision letter and documents 4 to 29.

 

Yours sincerely

 

FOI and Privacy Section

Office of Corporate Counsel

Attorney-General's Department

3-5 National Circuit | Barton ACT 2600
[1][AGD request email]

 

 

 

 

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Attorney-General's Department


Attachment R 32 Attachment Media Inquiry.pdf
956K Download View as HTML

Attachment R 33 Statement on US proposal.pdf
937K Download View as HTML

Attachment R 35 Questions for Leesburg.pdf
932K Download View as HTML

Attachment R 60 Advising FAQs are OK.pdf
952K Download View as HTML

Attachment R 61 Attaching revised FAQs.pdf
961K Download View as HTML

Attachment R 62 TPP FAQ.pdf
1020K Download View as HTML

Attachment R 63 FAQs can be retained.pdf
965K Download View as HTML

Attachment R 64 Suggested changes to draft FAQs.pdf
953K Download View as HTML


UNCLASSIFIED

Dear Mr Molloy

 

Your freedom of information request no. FOI13/051 – Part 2 of 3

 

Please find attached the Attorney-General’s Department’s decision on your
request for documents in relation to the Trans-Pacific Partnership. This
includes the decision letter and documents 32 to 64.

 

Yours sincerely

 

FOI and Privacy Section

Office of Corporate Counsel

Attorney-General's Department

3-5 National Circuit | Barton ACT 2600
[1][AGD request email]

 

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Attorney-General's Department


Attachment R 66 Aukland round.pdf
931K Download View as HTML

Attachment R 75 Travel completion report.pdf
909K Download View as HTML

Attachment R 76 Travel completion report.pdf
1.0M Download View as HTML

Attachment R 78 Tasks arising from 15th round.pdf
888K Download View as HTML

Attachment R 79 Signed Travel Minute.pdf
7.8M Download View as HTML

Attachment R 80 Travel minute Aukland.pdf
888K Download View as HTML


UNCLASSIFIED

Dear Mr Molloy

 

Your freedom of information request no. FOI13/051 – Part 3 of 3

 

Please find attached the Attorney-General’s Department’s decision on your
request for documents in relation to the Trans-Pacific Partnership. This
includes the decision letter and documents 66 to 80.

 

Yours sincerely

 

FOI and Privacy Section

Office of Corporate Counsel

Attorney-General's Department

3-5 National Circuit | Barton ACT 2600
[1][AGD request email]

 

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From: FOI Requests
Attorney-General's Department

UNCLASSIFIED

Dear Mr Molloy

 

Your freedom of information request no. FOI13/051

 

I am writing in regards tothe Attorney-General’s Department’s decision on
your request for documents in relation to the Trans-Pacific Partnership.
The decision letter and documents were sent via email to you yesterday but
there have been technical difficulties and we are not sure whether you
have received all three parts.

 

Could you please advise whether you have received three emails from AGD
and if not, which parts you have not received? Could you also please
advise (if you are aware) what the limit for the size of emails you can
receive is?

 

Yours sincerely

 

FOI and Privacy Section

Office of Corporate Counsel

Attorney-General's Department

3-5 National Circuit | Barton ACT 2600
[1][AGD request email]

 

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From: Brendan Molloy

Delivered

It seems that all the documents are present and downloadable.

I will get back to you on the attachment size limit.

--
Regards,

Brendan Molloy
Secretary
Pirate Party Australia

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Things to do with this request

Anyone:
Attorney-General's Department only: