From: Sent: To: Subject:

Dear Mr

Miller, Kirsten [Kirsten.Miller@dcita.gov.au] Monday, 4 September 2006 4:00 PM ; Ross, Jodi FW: FOI request - clarification of scope of request [SEC=IN-CONFIDENCE:LEGAL]

I am writing in relation to your letter to the Department of Communications, Information Technology and the Arts (DCITA) of 28 April 2006 requesting access to various documents under the FOI Act. I am writing now to clarify further the scope of the request for documents you are seeking. I note that in your original request for access to documents (dated 28 July) you requested certain documents relating to an independent commercial loss assessment for a number of small business people which was agreed to by Minister Coonan during negotiations on the full privatisation of Telstra last September. As you will be aware DCITA undertook an independent assessment of certain claims against Telstra, earlier this year, and reported on this to the Minister in April 2006. This assessment was the process agreed to by the Minister for Communications, IT and the Arts with Senator Barnaby Joyce and was not a commercial loss assessment. The Department has interpreted your request for access to documents as meaning access to those documents relating to that Departmental process, which is referred to by the Department as the independent assessment of claims against Telstra. I note that in a letter from Mr Cason to you dated 24 August 2006 Mr Cason referred to your request to documents concerning the independent assessment of claims against Telstra. As your initial request for advice refers to an independent commercial loss assessment I wanted to clarify that you are seeking access to documents relating to what we in the Department have referred to as the independent assessment of claims against Telstra (ie the process undertaken by the Department earlier this year, and reported on in April). I also note that the documents identified include a couple of letters between yourself and DCITA. Could you please confirm if you would like these included in your request for documents. If you decide that it is not necessary for these three documents to be included then we will clearly not take these into consideration for the final costing for your request.

Please feel free to contact me to discuss this. I work part time and am in the office on Mondays to Wednesdays. If you wish to discuss this request on Thursday or Friday you can contact Mr Adam Cason on 6271 1887 Yours sincerely

Kirsten Miller Senior Lawyer, Infrastructure & Access Department of Communications, IT & the Arts GPO Box 2154 CANBERRA ACT 2601 Ph: (02) 6271 1011 Fax: (02) 6271 1965 kirsten.miller@dcita.gov.au Note: Do not send this [email / minute], or disclose its contents, outside the Department without first consulting the Legal Group. _________________________________________________________________________________________ The information transmitted is for the use of the intended recipient only and may contain confidential and/or legally privileged material. Any review, re-transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited and may result in severe penalties. If you have received this e-mail in error please notify the Security Advisor of the Department of Communications, Information Technology and the Arts, telephone (02) 6271-1880 and delete all copies of this transmission together with 1 any attachments. For all other enquiries please ring (02) 6271-1000. ______________________________________________________________________________________________

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