VIC Privacy - FOI question regarding the AEC

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Mike Love

Well-Known Member
25 June 2014
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To make a long story short - I requested some info from the AEC (Aust Electoral Commission) as we believe they have done something dodgy and we need info to prove this.

We requested certain documents and our request was ignored, so the Information Commissioner has now directed them to give us a decision:

Their response is below, but what I do not understand, is how the AEC can "bargain" with me over providing FOI documents? They have essentially stated that if we don't accept their offer of redacted documents, they will withdraw their offer and give us no documents!!! The OAIC think this is bizarre too!

OFFER OF ACCESS TO EDITED COPIES
92 In paragraph 11 of this letter I indicated that I would offer you access to edited
copies of Document Nos 2-24, and 26-28 from which exempt and irrelevant matter
had been redacted. The terms of that offer are as follows:
(a) the offer remains open for 60 days from the date of this letter;
(b) the offer is conditional upon acceptance of the edited copies being taken as
satisfaction of your FOI Request for the relevant documents;
(c) acceptance must be in writing by you (this may then be sent by email to me).
93 If this offer is not accepted within the 60-day period, my decision to refuse access to
Document Nos 2-24, and 26-28 will stand.


Is this even legal for the AEC lawyer to make such an offer? This is while the OAIC is already involved.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,128
957
2,894
Yes. Doesn't mean you have to accept it.