[AusNOG] From the AGD - Data Retention - Starts October 15 2015

[Paul Wilkins]

*Similarly, if AGD knocks back your DRIP, your lawyer should be challenging
their judgement, and expecting justification for their position in the text
of the legislation, and appealing their decisions via the AAT or the courts
if their position appears untenable. They are legally compelled to accept
your DRIP if it meets the law’s minimum requirements, so don’t let them
reject it arbitrarily, and don’t let them talk you into taking a maximal
approach.*
Mark,
You know how I hate to be pedantic, but the correct line of appeal is not
the AAT, but ACMA, under section 187KA of the bill.

Paul Wilkins

On 20 July 2015 at 12:20, Mark Newton <newton at atdot.dotat.org> wrote:

> On Jul 20, 2015, at 10:10 AM, Joseph Goldman <joe at apcs.com.au> wrote:
>
> (Again, I do plan to ask directly, but at this rate AusNOG may be a
> quicker answer if someone has already got the answer from the horses mouth).
>
>
> "The horse’s mouth” is not AGD. They have never dealt with data retention
> in good faith; and now they’re too confused about the legislation they
> wrote to be able to deal in good faith anyway.
>
> You will not get a good answer by asking them.
>
> “The horse’s mouth” is a discussion with AGD conducted in the presence of
> your lawyer, who has been briefed to assume they are wrong, and to filter
> anything AGD says through the actual text of the legislation, with the
> intention of minimizing the extent of the obligations and costs imposed on
> you. Then you do what your lawyer says, rather than what AGD says.
>
> Similarly, if AGD knocks back your DRIP, your lawyer should be challenging
> their judgement, and expecting justification for their position in the text
> of the legislation, and appealing their decisions via the AAT or the courts
> if their position appears untenable. They are *legally compelled* to
> accept your DRIP if it meets the law’s minimum requirements, so don’t let
> them reject it arbitrarily, and don’t let them talk you into taking a
> maximal approach.
>
> Summary: Talk to a lawyer.
>
>   - mark
>
>
>
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