Lets hope that the following response does not follow the same road as this little gem.  And has auDA adopted the Privacy Act provisions.  Someone mentioned that it had.  I think we need clarification on this point.



Dear Mr Guy,

I refer to your email below and respond as follows:-

1.  I am not aware of the existence of any 'Official Information Act'.
Please provide me with further information so that I may respond more
fully to you.

2.  auDA is a public company limited by guarantee, and is not
Commonwealth or State Government agency, nor a public sector
organisation. Neither the Information Privacy Act 2000, nor any of the
State or Federal Freedom of Information Acts apply to it.

3.  The only personal information held by auDA about you - James A.L.
Guy - is your name, address and telephone number, as is contained in
your recent email communication to us.  If you are a licensee of a .au
domain name, then the WHOIS data held by auDA may also contain contact
information for you.

4.  All information concerning the operation of the WHOIS database is
available in the public domain, including on auDA's web site.

Regards,

Chris Disspain
CEO - auDA
ceo§auda.org.au
www.auda.org.au


-----Original Message-----
From: jamesguy [mailto:jamesguy§guyassociates.com.au] 
Sent: Tuesday, 17 June 2003 14:49
To: Chris Disspain
Subject: FOI and Privacy Act request
Importance: High

Pursuant to the official information Act and/or the Information Privacy
Act I hereby request 

1.  a copy of all information held by auDA regarding information about
James A.L. Guy and any complaint lodged with auDA;  

2.  Further, I request a copy of information held about the operation of
the whois database and the nature of all information collected and
amended to the whois database.

My sole and only purpose under this request is to assist in the
development of submissions on the policy that is due by the end of the
month.  

I undertake not to apply for any of the domain names that I have made
complaints about to auda unless the domain names are made available in
the normal process of license revocation or allocation.

This should seperate any confusion as to my motives in applying for this
information and should not be contra to policies of openness and
accountability in the administration of the .au domain.

Kind regards

James Guy

Principal
Guy & Associates
      Solicitors & Trade Marks Agent

Level 25 Optus Centre
367 Collins Street
Melbourne
VIC 3000
AUSTRALIA

Phone: +61 3 9221 6151
Fax:   +61 3 9383 6161
Mobile:+61 0407085553
website:  guyassociates.com.au

This email (including any attachments) is intended only to be read or
used by the addressee. It contains information that may be confidential
and legally privileged. If you are not the addressee,or you have
received this email by mistake, you must not disclose,copy or distribute
it or use the information contained in it (or any attachments) in any
way.

If you have received this message in error please notify Guy &
Associates by return email or reverse charges telephone call to +61 3
9221 6151 and then delete this message and any copies of it. Please also
contact us if you have any doubts about the authenticity of this email.

Any legal professional privilege between solicitor and client, or any
other rights, are retained by Guy & Associates and are not lost or
waived because you have received this message in error. This email
(including any attachments) may also contain computer viruses or other
defects. Guy & Associates is not liable for any loss or damage that may
be caused by these viruses or defects.





Kind regards

James Guy

Principal
Guy & Associates
      Solicitors & Trade Marks Agent

Level 25 Optus Centre
367 Collins Street
Melbourne
VIC 3000
AUSTRALIA

Phone: +61 3 9221 6151
Fax:   +61 3 9383 6161
Mobile:+61 0407085553
website:  guyassociates.com.au

This email (including any attachments) is intended only to be read or used by the addressee. It contains information that may be confidential and legally privileged. If you are not the addressee,or you have received this email by mistake, you must not disclose,copy or distribute it or use the information contained in it (or any attachments) in any way.

If you have received this message in error please notify Guy & Associates by return email or reverse charges telephone call to +61 3 9221 6151 and then delete this message and any copies of it. Please also contact us if you have any doubts about the authenticity of this email.

Any legal professional privilege between solicitor and client, or any other rights, are retained by Guy & Associates and are not lost or waived because you have received this message in error. This email (including any attachments) may also contain computer viruses or other defects. Guy & Associates is not liable for any loss or damage that may be caused by these viruses or defects.