Yellowtail kingfish farming records for Fitzgerald Bay aquaculture zones

Dan Monceaux made this Freedom of Information request to Primary Industries and Regions SA

The request was partially successful.

From: Dan Monceaux

Delivered

Dear Primary Industries and Regions SA FoI Officers,

I am writing to request electronic copies (scans) of all records and reports which quantify the volume of yellowtail kingfish held, tonnes harvested and/or fish mortalities from Fitzgerald Bay finfish aquaculture zones during the period 1998 through 2012.

I am making this request under the Freedom of Information Act 1991.

Yours sincerely,

Dan Monceaux

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From: PIRSA:FOI
Primary Industries and Regions SA

Dear Mr Monceaux,

I refer to your email below seeking access to documents under the Freedom of Information Act 1991 (the Act).

Pursuant to Section 13(c) of the Act, to enable your application to be valid, an application fee of $33.50 is required. The fee will be waived if you are the holder of a concession card (copy of the card is required) or provide written reasons why the payment of this fee would cause you financial hardship.

It would be appreciated if you could provide a telephone contact number should such contact be required.

Processing of your application will not commence until the fee has been received.

Should you have any queries concerning this matter, please contact me on (08) 8429 0422.

Kind regards

Lisa Farley | Freedom of Information and Privacy Officer | Records and Information Management
Corporate Services Division
Primary Industries and Regions SA - PIRSA | Government of South Australia
Level 16, 25 Grenfell Street, Adelaide SA 5000 | GPO Box 1671, Adelaide SA 5001 | DX 667
P: (08) 8429 0422 | E: [email address] | W: www.pir.sa.gov.au
W: www.aginsight.sa.gov.au | T: @SA_PIRSA

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From: Dan Monceaux

Delivered

Dear Ms Farley,

Thanks for your email yesterday. I will provide some additional details for your records via an email from my personal account, and will make arrangements to pay the lodgement fee over the phone today, if that suits.

Yours sincerely,

Dan Monceaux

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From: PIRSA:FOI
Primary Industries and Regions SA


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You are welcome to arrange payment of the lodgement fee of $33.50 over the phone today. VISA and Mastercard is accepted.

Please contact me on 8429 0422 when you are available.

If I am not available, please contact Ms Candy Brookes direct on 8226 0995 who will arrange the receipt of payment.

Kind regards

Lisa Farley | Freedom of Information and Privacy Officer | Records and Information Management
Corporate Services Division
Primary Industries and Regions SA - PIRSA | Government of South Australia
Level 16, 25 Grenfell Street, Adelaide SA 5000 | GPO Box 1671, Adelaide SA 5001 | DX 667
P: (08) 8429 0422 | E: [email address] | W: www.pir.sa.gov.au
W: www.aginsight.sa.gov.au | T: @SA_PIRSA

Service l Professionalism l Trust l Respect l Collaboration & Engagement l Honesty & Integrity l Courage & Tenacity l Sustainability

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Dan Monceaux left an annotation ()

The payment of the required fee was made over the phone today, as directed by PIRSA staff.

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From: PIRSA:FOI
Primary Industries and Regions SA


Attachment Receipt for FOI Application fee CORP F2016 000757.pdf
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Dear Mr Monceaux,

Thank you for your telephone call this afternoon to arrange payment of the application fee. Attached is a copy of the receipt.

Pursuant with the Freedom of Information Act 1991, and subject to any Section 14A extension, a determination regarding access is scheduled to be made on or by 19 January 2017.

If you do not receive a response by the above date, you are entitled to apply for an internal review in accordance with Section 29 of the Act. An internal review application must be lodged within 30 calendar days after the date the determination should have been made. An application form can be downloaded from the following address:
http://archives.sa.gov.au/sites/default/...

Should you have any queries concerning your application, please contact me on 8429 0422.

Kind regards

Lisa Farley | Freedom of Information and Privacy Officer | Records and Information Management
Corporate Services Division
Primary Industries and Regions SA - PIRSA | Government of South Australia
Level 16, 25 Grenfell Street, Adelaide SA 5000 | GPO Box 1671, Adelaide SA 5001 | DX 667
P: (08) 8429 0422 | E: [email address] | W: www.pir.sa.gov.au
W: www.aginsight.sa.gov.au | T: @SA_PIRSA

Service l Professionalism l Trust l Respect l Collaboration & Engagement l Honesty & Integrity l Courage & Tenacity l Sustainability

Disclaimer: The information in this e-mail may be confidential and/or legally privileged. Use or disclosure of the information by anyone other than the intended recipient is prohibited and may be unlawful.

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From: Dan Monceaux

Delivered

Many thanks, Lisa. I have received the receipt for my payment to my personal email address. I'm already impressed by your team's prompt and professional service.

Yours sincerely,

Dan Monceaux

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From: PIRSA:FOI
Primary Industries and Regions SA

Thank you.

Lisa Farley | Freedom of Information and Privacy Officer | Records and Information Management
Corporate Services Division
Primary Industries and Regions SA - PIRSA | Government of South Australia
Level 16, 25 Grenfell Street, Adelaide SA 5000 | GPO Box 1671, Adelaide SA 5001 | DX 667
P: (08) 8429 0422 | E: [email address] | W: www.pir.sa.gov.au
W: www.aginsight.sa.gov.au | T: @SA_PIRSA

Service l Professionalism l Trust l Respect l Collaboration & Engagement l Honesty & Integrity l Courage & Tenacity l Sustainability

Disclaimer: The information in this e-mail may be confidential and/or legally privileged. Use or disclosure of the information by anyone other than the intended recipient is prohibited and may be unlawful.

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From: Childs, Steve (PIRSA)
Primary Industries and Regions SA


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Mr Dan Monceaux
3/15 Myall Avenue
Kensington Gardens SA  5068
 
Dear Mr Monceaux
 
I refer to your application made under the Freedom of Information Act 1991
(the Act) received by Primary Industries and Regions SA on 16 December
2016, requesting access to the following:
 
“All records and reports which quantify the volume of yellowtail kingfish
held, tonnes harvested and/or fish mortalities from Fitzgerald Bay finfish
aquaculture zones during the period 1998 through 2012”
 
Pursuant with the Act, a determination regarding access was scheduled to
be made by 19 January 2017.  A response to our internal FOI document
discovery process has been received from one PIRSA business division and
we are just waiting on a second division to provide the information
requested.
 
I apologise that a determination has not yet been made due to the
Christmas/New Year holiday period.  I wish to reassure you that your
application is receiving attention and will be finalised as soon as
possible.
 
Should you have any queries concerning your application, please contact
myself or Lisa Farley, PIRSA FOI and Privacy Officer, via email:
[1][email address]; or phone: 8429 0407 (myself) or 8429 0422 (Lisa
Farley after 30 January 2017).
 
Kind regards
 
Steve Childs
(for Lisa Farley, PIRSA FOI and Privacy Officer)
 

Steve Childs | Information Management and Policy Strategist | Records and
Information Management Unit
Corporate Services | Primary Industries and Regions SA - PIRSA
Government of South Australia | Level 16, 25 Grenfell Street Adelaide SA
5000
GPO Box 1671 Adelaide SA 5001 | DX 1667
P: (08) 8429 0407 | E: [2]mailto:[email address] | W:
[3]www.pir.sa.gov.au
[4][IMG] [5][IMG] [6][IMG]

Disclaimer: The information in this e-mail may be confidential and/or
legally privileged. Use or disclosure of the information by anyone other
than the intended recipient is prohibited and may be unlawful.
 
 
 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.pir.sa.gov.au/
4. https://twitter.com/SA_PIRSA
5. https://www.youtube.com/channel/UCyicJZz...
6. https://www.linkedin.com/company-beta/10...

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From: Dan Monceaux

Delivered

Dear Steve & Lisa,

Thank you for updating me on the status of this FoI request. I realise that my request was lodged at an awkward time in the calendar year and am not surprised to learn that a little extra time is needed by the Department to respond to my request.

Yours sincerely,

Dan Monceaux

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From: Dan Monceaux

Delivered

Dear Steve and Lisa,

Could you please update me on the status of this request?

Yours sincerely,

Dan Monceaux

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From: Dan Monceaux

Delivered

Dear Steve and Lisa,

If a determination is not yet ready to be issued, I wish to request an internal review (assuming that the absence of a determination means that my request has been refused).

Yours sincerely,

Dan Monceaux

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From: PIRSA:FOI
Primary Industries and Regions SA

Dear Mr Monceaux,

I refer to your email below, in addition to your separate email of today's date seeking an update on the status of your request.

On 18 January 2017, PIRSA forwarded an email to you apologising that a determination was unable to be made by the legislative due date of 19 January 2017. I apologise for the subsequent delay that has occurred in processing your application.

The documents you are seeking contain information that could reveal the identification of third parties. Accordingly, considerable work and time is required to assess the documents you are seeking over the period 1998 to 2012. Pursuant to the Freedom of Information Act 1991, third party consultation may also be required which may potentially further impact on the timeframe.

Please be reassured that your request has not been refused and PIRSA is endeavouring to finalise your application as soon as possible.

Kind regards

Lisa Farley | Freedom of Information and Privacy Officer
Corporate Services Division | Primary Industries and Regions SA - PIRSA
Government of South Australia | Level 16, 25 Grenfell Street, Adelaide SA 5000
GPO Box 1671 Adelaide SA 5001 | DX 667
P: (08) 8429 0422 | W: www.pir.sa.gov.au

Service l Professionalism l Trust l Respect l Collaboration & Engagement l Honesty & Integrity l Courage & Tenacity l Sustainability

Disclaimer: The information in this e-mail may be confidential and/or legally privileged. Use or disclosure of the information by
anyone other than the intended recipient is prohibited and may be unlawful.

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From: Dan Monceaux

Delivered

Dear Lisa,

Thank you for updating me on this request. Advance notice of any further delays, and ideally a rough ETA for a determination/notice of charges would be greatly appreciated.

Yours sincerely,

Dan Monceaux

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From: PIRSA:FOI
Primary Industries and Regions SA

Hi Dan,

I am hoping that a determination will be able to be made within the next couple of weeks, however, if third party consultation is to be undertaken, further time will be required.

I will keep you informed of the progress.

Kind regards

Lisa Farley | Freedom of Information and Privacy Officer
Corporate Services Division | Primary Industries and Regions SA - PIRSA
Government of South Australia | Level 16, 25 Grenfell Street, Adelaide SA 5000
GPO Box 1671 Adelaide SA 5001 | DX 667
P: (08) 8429 0422 | W: www.pir.sa.gov.au

Service l Professionalism l Trust l Respect l Collaboration & Engagement l Honesty & Integrity l Courage & Tenacity l Sustainability

Disclaimer: The information in this e-mail may be confidential and/or legally privileged. Use or disclosure of the information by
anyone other than the intended recipient is prohibited and may be unlawful.

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From: Dan Monceaux

Delivered

Dear Lisa and fellow PIRSA FOI Officers,

I have a question regarding due process in the handling of this request.

My understanding is that under the FoI Act 1991, an "Extension of time" notice should have been sent to me, quantifying the expected delay (in number of days). While I appreciate your informal explanation of reasons and apology, these are not equivalent to an Extension of time notice.

Section 14A of the Freedom of Information Act 1991 reads as follows:

"14A—Extension of time limit

(1) The principal officer of an agency that is dealing with an application may extend the
period within which the application would otherwise have to be dealt with under
section 14 if satisfied that—
(a) the application is for access to a large number of documents or necessitates a
search through a large quantity of information and dealing with the
application within that period would unreasonably divert the agency's
resources from their use by the agency in the exercise of its functions; or
(b) the application is for access to a document in relation to which consultation is
required under Division 2 and it will not be reasonably practicable to comply
withDivision 2 within that period.

(2) An extension under subsection (1) must be for a reasonable period of time having
regard to the circumstances.

(3) The extension must be effected by giving written notice of the extension to the
applicant within 20 days after the application is received.

(4) Such a notice must specify—
(a) the period of the extension; and
(b) the reasons for the extension; and
(c) the rights of review conferred by this Act.
(5) An extension under subsection (1) is a determination for the purposes of this Act."

In my past experiences lodging requests with DPC, I have received formal Extension of time notices. In this case, making a request of PIRSA, I have not. The 20 day period during which I should have received an Extension of time notice has long since lapsed.

I lodged my request on 16 December 2016. Over two months have transpired since that time. Please specify the date by which I can expect a determination, notice of charges etc. as soon as possible.

Yours sincerely,

Dan Monceaux

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From: PIRSA:FOI
Primary Industries and Regions SA

Hi Dan,

Thank you for your email of 21 February 2017.

Your application is seeking documents over a period of fifteen years and it is regrettable that PIRSA was unable to seek an extension under Section 14A of the Freedom of Information Act 1991 within the 20-day legislative timeframe. As you have noted, on 18 January 2017, prior to the legislative due date, PIRSA provided you with an update on the progress of your application and apologised for the delay.

Although a definitive timeframe cannot be provided, please be reassured that every endeavour is being undertaken to ensure the determination is finalised shortly.

Kind regards

Lisa Farley | Freedom of Information and Privacy Officer
Corporate Services Division | Primary Industries and Regions SA - PIRSA
Government of South Australia | Level 16, 25 Grenfell Street, Adelaide SA 5000
GPO Box 1671 Adelaide SA 5001 | DX 667
P: (08) 8429 0422 | W: www.pir.sa.gov.au

Service l Professionalism l Trust l Respect l Collaboration & Engagement l Honesty & Integrity l Courage & Tenacity l Sustainability

Disclaimer: The information in this e-mail may be confidential and/or legally privileged. Use or disclosure of the information by
anyone other than the intended recipient is prohibited and may be unlawful.

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From: PIRSA:FOI
Primary Industries and Regions SA


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Attachment Signed determination letter 9 3 17 Mr D Monceaux CORP F2016 000757.pdf
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Attachment Doc 38 CORP F2016 000757.pdf
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Attachment Doc 39 CORP F2016 000757.pdf
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Attachment Summary document CORP F2016 000757.pdf
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Mr Dan Monceaux

3/15 Myall Avenue

KENSINGTON GARDENS  SA  5068

 

 

Dear Mr Monceaux,

 

Please refer to the attached determination made under the Freedom of
Information Act 1991.  I sincerely apologise for the delay in responding.

 

The documents for release are attached.  Document 41 can be accessed from
the following link:

 

[1]http://www.seafoodcrc.com/components/com...

 

The original signed letter will follow in the post.

 

Kind regards

 

 

 

Lisa Farley | Freedom of Information and Privacy Officer

Corporate Services Division | Primary Industries and Regions SA - PIRSA

Government of South Australia | Level 16, 25 Grenfell Street, Adelaide SA
5000

GPO Box 1671 Adelaide SA 5001 | DX 667

[2]cid:image007.jpg@01D26810.5FFBF940[3]cid:image009.jpg@01D26810.5FFBF940[4]cid:image008.jpg@01D26810.5FFBF940P:
(08) 8429 0422 | W: [5]www.pir.sa.gov.au

 

 

Service l Professionalism l Trust l Respect l Collaboration & Engagement l
Honesty & Integrity l Courage & Tenacity l Sustainability

 

Disclaimer: The information in this e-mail may be confidential and/or
legally privileged. Use or disclosure of the information by
anyone other than the intended recipient is prohibited and may be
unlawful.

 

References

Visible links
1. http://www.seafoodcrc.com/components/com...
2. https://twitter.com/SA_PIRSA
3. https://www.linkedin.com/company-beta/10...
4. https://www.youtube.com/channel/UCyicJZz...
5. http://www.pir.sa.gov.au/

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From: Dan Monceaux

Delivered

Dear Primary Industries and Regions SA,

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

I am writing to request an internal review of Primary Industries and Regions SA's handling of my FOI request 'Yellowtail kingfish farming records for Fitzgerald Bay aquaculture zones'.

I am making this request owing to the withholding of numerous documents listed in the determination notice. My request was for "electronic copies (scans) of all records and reports which quantify the volume of yellowtail kingfish held, tonnes harvested and/or fish mortalities from Fitzgerald Bay finfish aquaculture zones during the period 1998 through 2012."

What I received was a novel summary document, and several documents which were already publicly available online. The majority of the documents discovered during the search process were not released. I am seeking the reconsideration of the release of all of the documents listed in the determination notice.

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

Yours faithfully,

Dan Monceaux

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From: PIRSA:FOI
Primary Industries and Regions SA

Dear Mr Monceaux,
 
I acknowledge receipt of your application for Internal Review made under
the Freedom of Information Act 1991 (the Act) which was received by
Primary Industries and Regions SA (PIRSA) on 22 March 2017.
 
Your initial request sought access to the following:
 
“electronic copies (scans) of all records and reports which quantify the
volume of yellowtail kingfish held, tonnes harvested and/or fish
mortalities from Fitzgerald Bay finfish aquaculture zones during the
period 1998 through 2012.”
 
Pursuant to Section 29(2)(b) of the Act, to enable your application to be
valid, an application fee of $33.50 is required. 
 
If you wish to pay by credit card (VISA and Mastercard is accepted),
please contact Ms Candy Brookes, Business Services Officer, PIRSA on 8226
0995 who will arrange the receipt of payment.
 
Following the receipt of the fee, your application will be valid and will
be forwarded to the review officer for processing.
 
Should you have any queries concerning this matter, please contact me on
8429 0422 or email [1][email address].
 
Kind regards
 
 
 
 
Lisa Farley | Freedom of Information and Privacy Officer
Corporate Services Division | Primary Industries and Regions SA - PIRSA
Government of South Australia | Level 16, 25 Grenfell Street, Adelaide SA
5000
GPO Box 1671 Adelaide SA 5001 | DX 667
 
 
 
P: (08) 8429 0422 | W: [2]www.pir.sa.gov.au
 
 
Service l Professionalism l Trust l Respect l Collaboration & Engagement l
Honesty & Integrity l Courage & Tenacity l Sustainability
 
Disclaimer: The information in this e-mail may be confidential and/or
legally privileged. Use or disclosure of the information by
anyone other than the intended recipient is prohibited and may be
unlawful.
 
 

References

Visible links
1. mailto:[email address]
2. http://www.pir.sa.gov.au/

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Locutus Sum left an annotation ()

Note to the applicant: The Freedom of Information Act in South Australia is different than the Commonwealth Act. Secion 29(2) of the South Australian FOI Act says that "An application for review of a determination—
(a) must be in writing; and
(b) must be accompanied by such application fee as may be prescribed."

In more words, you must pay a fee for the application and then, if the application is refused, you must pay another fee for the review. The good news is that subsection (4) says "If on a review the agency varies or reverses a determination so that access to a document is to be given (either immediately or subject to deferral), the agency must refund any application fee paid in respect of the review." But then there is more bad news because subsection 5 allows the agency to be lazy and to keep the money ... It says, "An agency that fails to determine an application made under this section within 14 days after it is received by the agency is, for the purposes of this Act, to be taken to have confirmed the determination in respect of which a review is sought."

A person must trust that the agency will behave properly and determine the review correctly within the statutory period.

The short version of everything is that your application for review is not valid until you pay the application fee. However, it is now late for you to lodge a valid application for review. If you still want the review, you should write and ask whether the agency will allow you another 30 days (from 8 April) to lodge the application and then pay your fee ($33.50)

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