Uluru Statement from the Heart
Dear Attorney-General's Department,
Any email correspondence from January 2017 to July 2017 between the Attorney-General's Department and the Indigenous Affairs Group within PM&C (or whatever the relevant predecessor to the NIAA was called at that time), which attaches the Uluru Statement from the Heart (or draft versions of it).
In particular I would like to request access to any versions of the Uluru Statement that are longer than one page, or which contain the extracts of the Uluru Statement from the Heart set out in pages 16-32 of the Referendum Council Final Report, available online at the following address:
https://www.referendumcouncil.org.au/sit...
Yours faithfully,
Thomas
Your email has been received by the Freedom of Information and Privacy
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Freedom of Information Act 1982 (the FOI Act). For information on how to
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If your email relates to the FOI Act, we will contact you shortly to
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OFFICIAL
Dear Thomas
Freedom of Information Request FOI23/417
I refer to your request to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents.
The purpose of my email is to seek your agreement to extend the processing
period for your request. Further information about this, including my
reasons for requesting an extension from you, has been set out below for
your consideration and response.
Extension of Time Request
Under s 15AA of the FOI Act, an agency may extend the initial processing
period for dealing with a request by a further period of no more than 30
days if the applicant agrees in writing to the extension and the agency
gives written notice of the extension to the Information Commissioner as
soon as practicable after the agreement is made.
I would like to request your agreement to extend the processing period for
your request by 14 days. I am requesting this extension of time from you
to ensure the department has sufficient time to process and finalise your
request in accordance with the FOI Act. Please be assured that we are
working to process your request as quickly as possible and your request is
at an advanced stage of the process. However, consultation regarding
potential disclosure of documents to you is taking longer than originally
anticipated. I am also factoring in potential absences during the upcoming
school holiday period in the relevant line areas inside the department
undergoing consultations in relation to the request.
If you agree to the requested extension of up to 14 days, please let me
know in writing at your earliest convenience.
The department received your request on 9 August 2023 and the 30 day
statutory period for processing your request is currently 8 September
2023.
If you agree to the requested extension, the new due date will be 22
September 2023. However, the department will make every effort to provide
a decision to you as soon as possible.
Please note that if you agree to the extension, the department is required
to notify the Office of the Australian Information Commissioner, including
your name and contact details.
If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [1][AGD request email].
Kind regards
Alistair
Case Officer | Freedom of Information & Privacy | Strategy & Governance
Branch
Attorney-General’s Department
Phone (02) 6141 6666 | Email [AGD request email]
OFFICIAL
The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address].
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.
References
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1. mailto:[AGD request email]
Dear FOI Requests,
I refer to your correspondence of 4 September regarding Freedom of Information Request FOI23/417, seeking an extension of time.
I do not agree to your request. I ask that you comply with the statutory timeframe and make a decision by 8 September as required under the Act.
I note that your request for an extension of time was made approximately 26 days into the 30-day statutory timeframe for processing.
The only reasons given for seeking an extension are that "consultation regarding potential disclosure of documents to you is taking longer than originally anticipated" and "I am also factoring in potential absences during the upcoming school holiday period in the relevant line areas inside the department undergoing consultations in relation to the request".
There is no indication as to why this consultation could not have been done earlier. Potential absences for school holidays do not outweigh the public interest in the timely disclosure of information.
Yours sincerely,
Thomas
Dear FOI Requests,
The response to my request has not yet been received. By law, the AGD should normally have responded promptly and by September 08, 2023
Could you please action the request as soon as possible.
Yours sincerely,
Thomas
Our reference: RQ23/04829
Agency reference: FOI23/417
Mr Thomas RTK
Sent by email: [1][FOI #10542 email]
Extension of time application by the Attorney-general's Department
Dear Mr RTK
I write to advise that on 13 September 2023 the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Attorney-general's Department (the Department) for an extension of time,
to process your FOI request of 4 September 2023.
The Department has applied for an extension of time under s 15AC of the
Freedom of Information Act 1982 (Cth) because it requires further time to
process your request.
The Department has advised the OAIC that:
The Department has requested an extension to 9 October 2023. I will take
any comments you may have to make into account when deciding the
application.
Please respond to this email by close of business 20 September 2023. If I
do not hear from you by this date, the decision maker will make a decision
on the basis of the information provided to me by the Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Contact
If you have any questions regarding this email please contact me at
[3][email address]. Please quote OAIC reference: RQ23/04829 in all
correspondence.
Kind regards
Hannah
[4][IMG] Freedom of Information Branch
Office of the Australian Information
Commissioner
GPO Box 5288 Sydney NSW 2001 |
[5]oaic.gov.au
1300 363 992 | [6][email address]
[7][IMG] | [8][IMG] | [9][IMG] | [10]Subscribe to OAICnet
newsletter
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switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
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Dear OAIC - FOI DR,
I am writing to ask that you:
* decline AGD's request for an extension of time, and direct it to comply with the FOI request as soon as possible, noting the original due date was 8 September 2023;
* conduct an internal review of the decision; and
* treat this email as a complaint regarding AGD's internal FOI processes.
The original request was submitted on 9 August 2023.
On 4 September, after 26 days, AGD asked me for an extension of time, providing no reasons other than that they were planning on school holiday leave, and sought an extension to 22 September. I did not agree, and asked that they make a decision according to the statutory timeframe.
(I note that your email suggests my FOI request was made on 4 September - this is the date on which AGD first sought an extension of time, as set out below. It is not the date on which the FOI request was made.)
I followed up on 8 September, the statutory due date.
Five days after the statutory timeframe had expired, and without telling me or seeking my view, AGD sought a further extension - and now until 9 October.
No reasons have been given for the failure to comply with the law. No reasons have been given for seeking an extension beyond the 22 September deadline that was initially requested.
On its own, this should be enough to refuse the extension of time (as the OAIC recently did in relation to RQ23/04142 and RQ23/04237)
Further to the above, I note that, the FOI request relates to the Uluru Statement from the Heart, which goes directly to a matter in issue at the referendum scheduled for 14 October. if granted, AGD's failure to make a timely FOI decision may have a material impact on voting at the referendum - particularly in relation to pre-polling.
I note that AGD's conduct allows the perception that it is deliberately delaying timely compliance with law to avoid releasing information which will have an adverse impact on the campaign for a 'yes' vote in the Referendum. I have no strong views on that issue one way or the other; I simply seek the release of information according to law. However, government departments should not act in a way that allows the perception that they are being anything other than impartial and apolitical.
I ask that you direct AGD to respond to comply with timeframes in the FOI Act and make a decision as a matter of urgency.
I also ask that you take this email as a complaint about AGD's compliance with FOI laws, and conduct an internal review.
Yours sincerely,
Thomas
Dear OAIC - FOI DR,
Re: request RQ23/04829
I am seeking an update on the status of this extension of time. I was previously advised that if I did not respond by 20 September, the OAIC would finalise the request for an extension. I asked that you refuse any extension of time. However, I am yet to hear any answer.
Can you please advise where this is at - noting the request is now almost 3 weeks overdue, according to the deadlines in legislation, and that its request for an extension was only filed after it had already missed the deadline.
Yours sincerely,
Thomas
Our reference: RQ23/04829
Agency reference: FOI23/417
Thomas RTK
Sent by email: [FOI #10542 email]
CC: [1][AGD request email]
FOI Extension of Time decision
Dear FOI Applicant,
Please find attached an FOI Extension of time decision relating to your
FOI request with the Attorney-General’s Department. A copy of this
decision has been provided to the Department today.
Kind regards,
Thomas Hanaee
[2][IMG] Assistant Review Adviser
Freedom of Information Branch
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[3]oaic.gov.au
1300 363 992 | [4][email address]
[5][IMG] | [6][IMG] | [7][IMG] | [8]Subscribe to OAICnet newsletter
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
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Dear OAIC - FOI DR,
I note that the response to this request was due two weeks ago, despite your decision on 9 October 2023 which set an extended due date of 11 October 2023.
Could you please prompt the Attorney-General's Department to comply with your decision, and the law.
Yours sincerely,
Thomas
Dear Attorney-General's Department,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Attorney-General's Department's handling of my FOI request 'Uluru Statement from the Heart', and to complain about the handling of the request to date.
The initial request was submitted on 9 August and acknowledged by the Department as due on 8 September.
On 4 September the Department sought an extension of 14 days, which was not agreed.
On 11 September, I reminded the Department of the request, noting it was overdue, and requested it comply with the law.
On 13 September, 5 days after the statutory deadline had passed, the Department applied to the OAIC to extend the deadline to 9 October. I was not informed of the application to the OAIC.
On 15 September, the OAIC wrote to me seeking my views on the proposed OAIC extension, giving me a deadline of 20 September to make a submission. I made that submission on 18 September, setting out reasons why an extension should not be granted.
On 9 October – which incidentally was the date that AGD had asked the OAIC to set as an extended deadline, the OAIC granted an extension until 11 October.
It is now 25 October – well beyond the extended deadline set by AGD, but it has still not complied with the request.
This is an egregious delay and a flagrant attempt by AGD to frustrate the release of documents – by the Department which is responsible for FOI requests.
I request an internal review of the conduct of all parties involved, an immediate decision, and an outline of steps that may be taken to avoid similar abuses of the system going forward.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/u...
Yours faithfully,
Thomas
Dear OAIC - FOI DR,
Please see below a complete extract of my most recent request for an internal review just sent to AGD. I would be grateful if you could take this into account and review any of your own procedures as appropriate. I seek a decision as soon as possible - noting that the original due date passed on 8 September and that we are now well beyond the extended due date of 11 October (which was granted by the OAIC on 9 October).
Kind regards
Thomas
Dear Attorney-General's Department,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Attorney-General's Department's handling of my FOI request 'Uluru Statement from the Heart', and to complain about the handling of the request to date.
The initial request was submitted on 9 August and acknowledged by the Department as due on 8 September.
On 4 September the Department sought an extension of 14 days, which was not agreed.
On 11 September, I reminded the Department of the request, noting it was overdue, and requested it comply with the law.
On 13 September, 5 days after the statutory deadline had passed, the Department applied to the OAIC to extend the deadline to 9 October. I was not informed of the application to the OAIC.
On 15 September, the OAIC wrote to me seeking my views on the proposed OAIC extension, giving me a deadline of 20 September to make a submission. I made that submission on 18 September, setting out reasons why an extension should not be granted.
On 9 October – which incidentally was the date that AGD had asked the OAIC to set as an extended deadline, the OAIC granted an extension until 11 October.
It is now 25 October – well beyond the extended deadline set by AGD, but it has still not complied with the request.
This is an egregious delay and a flagrant attempt by AGD to frustrate the release of documents – by the Department which is responsible for FOI requests.
I request an internal review of the conduct of all parties involved, an immediate decision, and an outline of steps that may be taken to avoid similar abuses of the system going forward.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/u...
Yours faithfully,
Thomas
Our reference: RQ23/04829
Agency reference: FOI23/417
Thomas RTK
Sent by email: [1][FOI #10542 email]
FOI Extension of Time
Dear Thomas,
I write in regard to your correspondence dated 25 October 2023.
Please be advised that per the decision record issued to you on 9 October
2023, you may wish to seek IC review of the Attorney-General’s
Department’s deemed access refusal.
Further information on [2]applying for IC review is available on the
[3]OAIC website. Any application for IC review should be made within 60
days of the NDIA’s decision or deemed decision.
Kind Regards,
[4][IMG] Thomas Hanaee <he/him>
Assistant Review Adviser
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P +1300 363 992 E [email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people, cultures
and Elders past and present.
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Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #10542 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/
5. https://www.oaic.gov.au/engage-with-us/n...
OFFICIAL
Good afternoon Thomas,
I am writing to apologise for the ongoing delay in processing your FOI
request and to provide you with a further update, the consultation process
with other departments and agencies is taking longer than anticipated. We
are in the final stages of processing your request. To further assist us
in finalising the consultation process they are looking for further
clarification regarding the documents that you are seeking that fall in
line within the scope of your request.
On 9 August 2023 you submitted a Freedom of Information request seeking:
Any email correspondence from January 2017 to July 2017 between the
Attorney-General's Department and the Indigenous Affairs Group within PM&C
(or whatever the relevant predecessor to the NIAA was called at that
time), which attaches the Uluru Statement from the Heart (or draft
versions of it).
In particular I would like to request access to any versions of the Uluru
Statement that are longer than one page, or which contain the extracts of
the Uluru Statement from the Heart set out in pages 16-32 of the
Referendum Council Final Report, available online at the following
address:
[1]https://www.referendumcouncil.org.au/sit...
To assist us with the finalising the matter please can you confirm that
you are seeking documents with the following scope:
“Seeking copies of the Uluru Statement from the Heart that are over one
page.”
Please can you confirm by COB 5 December 2023 this is what you are
seeking, we will amend the scope of your request accordingly.
Kind regards
Alistair
Case Officer | Freedom of Information & Privacy | Strategy & Governance
Branch
Attorney-General’s Department
Phone (02) 6141 6666 | Email [AGD request email]
OFFICIAL
The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address].
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.
References
Visible links
1. https://www.referendumcouncil.org.au/sit...
OFFICIAL
Good afternoon Thomas,
I am just following up on the email I sent to you on 1 December 2023.
I will be grateful if you could review and respond as soon as possible or
by COB 12 December 2023.
Kind regards
Alistair
Case Officer | Freedom of Information & Privacy | Strategy & Governance
Branch
Attorney-General’s Department
Phone (02) 6141 6666 | Email [AGD request email]
OFFICIAL
From: FOI Requests <[AGD request email]>
Sent: Friday, 1 December 2023 4:35 PM
To: [FOI #10542 email]
Cc: FOI Requests <[AGD request email]>
Subject: FOI23/417 - Clarification of scope of your FOI request
[SEC=OFFICIAL]
OFFICIAL
Good afternoon Thomas,
I am writing to apologise for the ongoing delay in processing your FOI
request and to provide you with a further update, the consultation process
with other departments and agencies is taking longer than anticipated. We
are in the final stages of processing your request. To further assist us
in finalising the consultation process they are looking for further
clarification regarding the documents that you are seeking that fall in
line within the scope of your request.
On 9 August 2023 you submitted a Freedom of Information request seeking:
Any email correspondence from January 2017 to July 2017 between the
Attorney-General's Department and the Indigenous Affairs Group within PM&C
(or whatever the relevant predecessor to the NIAA was called at that
time), which attaches the Uluru Statement from the Heart (or draft
versions of it).
In particular I would like to request access to any versions of the Uluru
Statement that are longer than one page, or which contain the extracts of
the Uluru Statement from the Heart set out in pages 16-32 of the
Referendum Council Final Report, available online at the following
address:
[1]https://www.referendumcouncil.org.au/sit...
To assist us with the finalising the matter please can you confirm that
you are seeking documents with the following scope:
“Seeking copies of the Uluru Statement from the Heart that are over one
page.”
Please can you confirm by COB 5 December 2023 this is what you are
seeking, we will amend the scope of your request accordingly.
Kind regards
Alistair
Case Officer | Freedom of Information & Privacy | Strategy & Governance
Branch
Attorney-General’s Department
Phone (02) 6141 6666 | Email [2][AGD request email]
OFFICIAL
References
Visible links
1. https://www.referendumcouncil.org.au/sit...
2. mailto:[AGD request email]
CR left an annotation ()
The AGD seems to be handling FOI requests very poorly at the moment. I have an active FOI request with them that they are not fulfilling their obligations too.
For your request, since they did not make a decision in time, the FOI Act deems that the agency has refused your request (deemed access refusal decision). Unfortunately, you are unable to seek an internal review of this decision, and your only review option at this moment is to seek an IC Review.
Fortunately for you, even though the statutory timeframe has expired, they are still obligated to complete your request. In these circumstances, the agency cannot impose any charges, even if the OAIC later grants them an extension of time.