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Document the ATO Trick #840

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pinkforest opened this issue Jul 24, 2024 · 0 comments
Open

Document the ATO Trick #840

pinkforest opened this issue Jul 24, 2024 · 0 comments

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@pinkforest
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I know that in 2016/2017 ATO pulled the shenanigans with blocking Right To Know - Hey Ben 🤩

https://www.oaf.org.au/2017/05/11/a-great-win-for-right-to-know-foi-and-transparency/

ATO capitulation:
https://archive.org/details/OAICDecision-FairlessV.AustralianTaxationOffice

Current state as of 24 July 2024 Part 3.48 Guideline does not exist anymore - S93A FOI Act does exist

Part 3.48 of the Guidelines issued by the Australian Information Commissioner under s 93A of the FOI Act (the FOI Guidelines), to which regard must be had in performing a function or exercising a power under the FOI Act, provide that a request can be posted on a public website and forwarded to a specified electronic address of the agency or the Minister. The FOI Guidelines reference the RTK website in the footnote, as an example of such a website.

Also S88 does not exist anymore

Under s 88 of the FOI Act, I recommend that the ATO process valid FOI requests made through the RTK website.

Can we perhaps keep some sort of documentation how agencies cannot try to pull that trick anymore?

And update based on the current guidelines and statutes they just love re-writing and fudging this soup of acts and statutes.

I'm also having to deal with various state acts e.g. GIPA (NSW) and Right To Information (QLD, TAS) and localised authority and/or statutes references could be somewhere in "wiki" form perhaps ?

My main issue is that can we document this somehow and keep it crowd-maintained e.g. a wiki ?

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