RBoT NGR Inquiry RTI applications.

[ozbob]

I will be working on our initial RTI applications to support the Inquiry over the next few days.

Initial strategy will be to request documents, memos, letters, emails, meeting minutes, briefings and any attached post it notes, or other attachments (hand written or other) to said documents,  at DTMR and between DTMR, Transport Minister's Office (Minister and/or Staff), Queensland Rail, Bombardier, and Qtectic, and which in some way relate to or refer to New Generation Rollingstock over 3 key periods.

Period 1: January 2010 > July 2012.

Period 2. August 2012 > December 2014

Period 3. January 2015 > May 2018.

Additionally a RTI to Queensland Rail for Meeting Minutes of the Queensland Rail Board January 2015 through to April 2018.

[ozbob]

http://www.rti.qld.gov.au/right-to-information-act/rti-ip-agency-contacts

Transport and Main Roads (inc Translink) www.tmr.qld.gov.au
Right to Information, Privacy and Complaints Management
Department of Transport and Main Roads
GPO Box 1549, Brisbane QLD 4001
Ph: (07) 306 67108 Fax: (07) 306 67022
Email: contactrti@tmr.qld.gov.au

====================

Right to information

Administrative Review Unit
Queensland Treasury
GPO Box 611
BRISBANE QLD 4001 Australia
Phone: +61 7 3035 1863
Email: rti@treasury.qld.gov.au

====================

https://www.queenslandrail.com.au/aboutus/rti/accessinformation

Senior Adviser RTI and Privacy
Queensland Rail
Legal
GPO Box 1429
Brisbane Qld 4001

Fax: 07 3072 8389
Email: rti@qr.com.au

=================

RAIL Back On Track has financial hardship status under the RTI act (Application number 220095), this means all access and processing fees must be waived. This is valid until 22nd May 2019.

[ozbob]

Two RTIs submitted.

1. DTMR - New Generation Rollingstock (NGR): Documents, memos, letters, emails, meeting minutes, briefings and any attached post it notes, or other attachments (hand written or other) at TMR and between TMR, Transport Minister's Office (Minister and/or Staff), Queensland Rail, Bombardier, Qtectic. 1st January 2010 to 30th April 2018.

2. Queensland Rail - Minutes and associated documents of Queensland Rail Board Meetings 1st January 2015 - 30th April 2018

[ozbob]

3. Transport Minister Transport and Main Roads (Inc TransLink)
Communications ( Documents, memos, letters, emails, meeting minutes, briefings and any attached post it notes, or other attachments (hand written or other)) between Transport Ministers office (Minister and Ministerial Staff) and NGR Project team, QR legal team, QR accessibility team and DG level of TMR and CEO of QR regarding approval of New Generation Rollingstock (NGR) for first revenue service.
1st July 2017 - 31st December 2017

[ozbob]

Letters of acknowledgement have been received for our RTI applications 1 and 3 above.

[ozbob]

Two RTIs submitted.

1. DTMR - New Generation Rollingstock (NGR): Documents, memos, letters, emails, meeting minutes, briefings and any attached post it notes, or other attachments (hand written or other) at TMR and between TMR, Transport Minister's Office (Minister and/or Staff), Queensland Rail, Bombardier, Qtectic. 1st January 2010 to 30th April 2018.

2. Queensland Rail - Minutes and associated documents of Queensland Rail Board Meetings 1st January 2015 - 30th April 2018

As expected RTI, application 1. has been queried as to volume. I will be negotiating next week with RTI officer for a modification.

Nothing heard re RTI application 2.  to Queensland Rail.  (Not surprising is it?  ).

[ozbob]

4.  Treasurer (DP Trad was Minister for Transport for period of interest).

Communications ( Documents, memos, letters, emails, meeting minutes, briefings and any attached post it notes, or other attachments (hand written or other)) between the then Transport Minister and NGR Project team, QR legal team, QR accessibility team and DG level of TMR and CEO of QR regarding approval of New Generation Rollingstock (NGR) for first revenue service.
1st July 2017 - 31st December 2017.

[ozbob]

Two RTIs submitted.

1. DTMR - New Generation Rollingstock (NGR): Documents, memos, letters, emails, meeting minutes, briefings and any attached post it notes, or other attachments (hand written or other) at TMR and between TMR, Transport Minister's Office (Minister and/or Staff), Queensland Rail, Bombardier, Qtectic. 1st January 2010 to 30th April 2018.

2. Queensland Rail - Minutes and associated documents of Queensland Rail Board Meetings 1st January 2015 - 30th April 2018

As expected RTI, application 1. has been queried as to volume. I will be negotiating next week with RTI officer for a modification.

Following negotiation with RTI Principal Adviser the scope of application 1. has now been ammended to:

"All final version Briefing Notes in relation to and referencing the DDA and/or DSAPT
compliance and rectification of New Generation Rollingstock.
Timeframe: 1 Jan 2017 - 31 May 2018.
Excluding Cabinet matter, Commercial-in-Confidence or Legal Professional Privilege, duplicate documents or any draft versions."

[ozbob]

4.  Treasurer (DP Trad was Minister for Transport for period of interest).

Communications ( Documents, memos, letters, emails, meeting minutes, briefings and any attached post it notes, or other attachments (hand written or other)) between the then Transport Minister and NGR Project team, QR legal team, QR accessibility team and DG level of TMR and CEO of QR regarding approval of New Generation Rollingstock (NGR) for first revenue service.
1st July 2017 - 31st December 2017.

A letter of acknowledgement for this RTI has been received.

[ozbob]

3. Transport Minister Transport and Main Roads (Inc TransLink)
Communications ( Documents, memos, letters, emails, meeting minutes, briefings and any attached post it notes, or other attachments (hand written or other)) between Transport Ministers office (Minister and Ministerial Staff) and NGR Project team, QR legal team, QR accessibility team and DG level of TMR and CEO of QR regarding approval of New Generation Rollingstock (NGR) for first revenue service.
1st July 2017 - 31st December 2017

Advice has been received that no documents were located.  That is why RTI number 4 was submitted.

... Search Results
I have met with officers from the Minister's Office to discuss this application and the
searches that were undertaken to locate documents relevant to the scope of the application.
I was advised that after conducting searches for documents relevant to the scope of the
request, no documents were located.
In addition, and as advised in my correspondence dated 5 June 2018, it was confirmed that
Minister Bailey, the current Minister for Transport and Main Roads was not the relevant
Minister at the time of first revenue service for the NGR, which occurred on
11 December 2017. ...

[ozbob]

2. Queensland Rail - Minutes and associated documents of Queensland Rail Board Meetings 1st January 2015 - 30th April 2018

Advice has been received that RTI number 2 is too voluminous (~ 22,000 pages).  Under the act a modified application can be made.
Will submit for items (minutes and associated documents) concerning NGR and their introduction to service, period July 2017 - January 2018.

[ozbob]

2. Queensland Rail - Minutes and associated documents of Queensland Rail Board Meetings 1st January 2015 - 30th April 2018

Advice has been received that RTI number 2 is too voluminous (~ 22,000 pages).  Under the act a modified application can be made.
Will submit for items (minutes and associated documents) concerning NGR and their introduction to service, period July 2017 - January 2018.

Made application to narrow the scope:

Thank you for the response to our RTI application (RTI-450).

I accept it is not reasonable.  I would like to therefore narrow the scope as follows:

Queensland Rail Board Meeting minutes and associated documents concerning NGR and their introduction to service, period 1 July 2017 to 31st January 2018.

Thank you.

Regards
Robert

[red dragin]

Seems you've either burnt out the previous one or created a new position at QR Ozbob

Manger - RTI @ QR
http://careers.pageuppeople.com/mob/544/caw/en/job/673579/manager-right-to-information-and-information-privacy

[ozbob]

[Stillwater]

Maybe Ozbob should apply -- reply to himself. 

[ozbob]

Submitted 14th July 2018

5.  Subject matter of the documents you are seeking:

The date of introduction to revenue service for each New Generation Rollingstock (NGR) train
presently in revenue service. The number of delays and the number of cancellations that has
occurred with NGR trains due to faults in revenue service, and the number of times another train
was substituted for a faulty NGR. The number and exact nature of faults of NGR trains in revenue
service e.g. door fault, control fault, communication fault, brake fault.

The type of documents:

NGR records.

The time period / date range you would like us to search within:

11th December 2017 to 13th July 2018

[ozbob]

Submitted 14th July 2018

5.  Subject matter of the documents you are seeking:

The date of introduction to revenue service for each New Generation Rollingstock (NGR) train
presently in revenue service. The number of delays and the number of cancellations that has
occurred with NGR trains due to faults in revenue service, and the number of times another train
was substituted for a faulty NGR. The number and exact nature of faults of NGR trains in revenue
service e.g. door fault, control fault, communication fault, brake fault.

The type of documents:

NGR records.

The time period / date range you would like us to search within:

11th December 2017 to 13th July 2018

I have been advised the NGR Team is happy to administratively release the information sought.  I have accepted that offer.

[ozbob]

4.  Treasurer (DP Trad was Minister for Transport for period of interest).

Communications ( Documents, memos, letters, emails, meeting minutes, briefings and any attached post it notes, or other attachments (hand written or other)) between the then Transport Minister and NGR Project team, QR legal team, QR accessibility team and DG level of TMR and CEO of QR regarding approval of New Generation Rollingstock (NGR) for first revenue service.
1st July 2017 - 31st December 2017.

A letter of acknowledgement for this RTI has been received.

A response has been received for this RTI.  Documents (two email chains) were identifed but will not be released because they are confidential.

Extract from the decision letter:

The documents responsive to the scope of the RTI application comprise two email chains.
These documents contain confidential information concerning contractual arrangements
between the State/Queensland Rail and Qtectic/Bombardier.

Queensland Rail is a statutory authority established under the Queensland Rail Transit
Authority Act 2013 (Qld) (QRTA Act) and is a statutory body for the purposes of the
Financial Accountability Act 2009 (Qld) and the Statutory Bodies Financial Arrangements
Act 1982 (Qld). Queensland Rail discharges its statutory functions through its whollyowned subsidiary Queensland Rail Limited (QRL).
Qtectic is the trading identity for the NGR Project Company Pty Ltd established in January
2014 to deliver the New Generation Rollingstock (NGR) Project by a consortium of
Bombardier Transportation, John Laing, ITOCHU and Aberdeen Asset Management.

The State's confidentiality obligations in relation to the NGR Project are governed by a
Project Deed between the State and Qtectic. Under the Project Deed, the State is required
to keep confidential and not disclose any confidential information without Qtectic's prior
written consent. Confidential information is defined to include information in relation to or
in connection with the Project Documents. The information contained in the emails falls
within that definition.

The information in the emails satisfy the requirements for an equitable breach of
confidence because:
• the information in relation to the requirements for approval is secret and not known to
anyone outside the NGR project, and is not in the public domain; -
• the information has the necessary quality of confidentiality – it is not trivial and relates
to matters of significant importance, particularly to Qtectic/Bombardier who would not
want the information disclosed to competitors;
• the information was communicated in the emails in circumstances importing an
obligation of confidence – the State was at all times aware that it was confidential
information, disclosure of which to third parties is not permitted under the confidentiality
provisions of the project deed;
• disclosure of the information would constitute an unauthorised use of confidential
information, in breach of the confidentiality provisions of the project deed; and
• the disclosure of the information would cause a detriment to the State as it is a breach
of the confidentiality provisions of the project deed and would erode the trust between
the State and Qtectic.

I am satisfied that the parties to the above leases and deeds of variations are identifiable
individuals who would have standing to bring an action for breach of confidence, and that
the information claimed to be confidential information can be identified with specificity.
I am therefore satisfied that all of the requisite elements necessary for exemption under
Schedule 3 (8) are made out in respect of the information recorded in the document.
None of the defences to an action for breach of confidence, as discussed in the Information
Commissioner's decision in Re "B" are applicable in the circumstances.
I have considered the pro-disclosure bias is section 44 of the RTI Act and I believe the
confidentiality aspect attached to these documents supports the considerations of
Parliament in setting out in schedule 3 (8) of the RTI Act that documents that would found
an equitable action for breach of confidence are exempt information. I therefore consider
that disclosure would be contrary to the public interest.
Accordingly, the documents identified qualify for exemption under schedule 3 (8) of the
RTI Act and therefore access is refused.

Well we tried ... 

Hopefully Justice Forde will have better luck!

[ozbob]

2. Queensland Rail - Minutes and associated documents of Queensland Rail Board Meetings 1st January 2015 - 30th April 2018

Advice has been received that RTI number 2 is too voluminous (~ 22,000 pages).  Under the act a modified application can be made.
Will submit for items (minutes and associated documents) concerning NGR and their introduction to service, period July 2017 - January 2018.

Made application to narrow the scope:

Thank you for the response to our RTI application (RTI-450).

I accept it is not reasonable.  I would like to therefore narrow the scope as follows:

Queensland Rail Board Meeting minutes and associated documents concerning NGR and their introduction to service, period 1 July 2017 to 31st January 2018.

Thank you.

Regards
Robert

A response has been received from Queensland Rail RTI.  As expected it is a complicated RTI reponse:

... Decision
I have on 7 August 2018 decided to give you:
• part access to 55 pages; and
• refuse access to 284 pages on the basis that the pages are comprised of
exempt and contrary to the public interest information.
Deletion of Irrelevant Information
Additionally, I have deleted information which is irrelevant to your access application.1

Additionally it is further subject to breach of confidence provisions.  So will not be published here ( I will wait to see if it is published on the QR RTI Log ).  It will however inform our submission to the Forde Commission of Inquiry.

The RTI has helped to clarify the key question " Who decided that new non compliant trains could be used on the network without the protection of an exemption? Did the Queensland Rail Board approve of this action? ".  It does appear that decision was taken out of QR's hands.

[ozbob]

Don't intend putting in any more RTIs related to NGRs now that the Commission of Inquiry is running.

The RTI process is really a considerable hurdle to transparency and truth, particularly when there is a lot to hide.

The RTI officers I have dealt with have all been very good.  Not their problem the act as it is, and I well understand that. 
I have learned a lot.

If anyone thinks we have a transparent democracy then you are rather deluded in my opinion.

[ozbob]

Submitted 14th July 2018

5.  Subject matter of the documents you are seeking:

The date of introduction to revenue service for each New Generation Rollingstock (NGR) train
presently in revenue service. The number of delays and the number of cancellations that has
occurred with NGR trains due to faults in revenue service, and the number of times another train
was substituted for a faulty NGR. The number and exact nature of faults of NGR trains in revenue
service e.g. door fault, control fault, communication fault, brake fault.

The type of documents:

NGR records.

The time period / date range you would like us to search within:

11th December 2017 to 13th July 2018

I have been advised the NGR Team is happy to administratively release the information sought.  I have accepted that offer.

This now available as an administrative release. See > https://railbotforum.org/mbs/index.php?topic=3706.msg213169#msg213169

[ozbob]

Two RTIs submitted.

1. DTMR - New Generation Rollingstock (NGR): Documents, memos, letters, emails, meeting minutes, briefings and any attached post it notes, or other attachments (hand written or other) at TMR and between TMR, Transport Minister's Office (Minister and/or Staff), Queensland Rail, Bombardier, Qtectic. 1st January 2010 to 30th April 2018.

2. Queensland Rail - Minutes and associated documents of Queensland Rail Board Meetings 1st January 2015 - 30th April 2018

As expected RTI, application 1. has been queried as to volume. I will be negotiating next week with RTI officer for a modification.

Following negotiation with RTI Principal Adviser the scope of application 1. has now been ammended to:

"All final version Briefing Notes in relation to and referencing the DDA and/or DSAPT
compliance and rectification of New Generation Rollingstock.
Timeframe: 1 Jan 2017 - 31 May 2018.
Excluding Cabinet matter, Commercial-in-Confidence or Legal Professional Privilege, duplicate documents or any draft versions."

Now finalised.  Most of the information has been withheld, no great surprise as it would be very damning no doubt.



For interest >  RTI-135-05799 PDF 0.2 MB

[ozbob]

Don't intend putting in any more RTIs related to NGRs now that the Commission of Inquiry is running.

The RTI process is really a considerable hurdle to transparency and truth, particularly when there is a lot to hide.

The RTI officers I have dealt with have all been very good.  Not their problem the act as it is, and I well understand that. 
I have learned a lot.

If anyone thinks we have a transparent democracy then you are rather deluded in my opinion.