Request For Raw Marks Denied (1 Viewer)

[Captain pi]

when he first made the thread about it last year

Sorry, I've totally missed your point.

 

[Xayma]

Your results, including your UAI if you are eligible, will also be held on similar archives at tertiary admissions centres in other states in Australia.

I am thinking that is raw marks since that is the only marks with which UAC is provided.

Wouldn't the information contained in other states hence fall under their own FOI act? Although VTAC isn't listed as an agency for Victoria, I can't find any refrence protecting the University of Tasmania's records (granted I can't currently find more than an information sheet, at the moment) also of interest would be the other states, which also serves as the admission centre. Charles Darwin University (NT's admission centre) won't work because it isn't accessible through the state in which we got it.

The main problem is that it might all be similar to NT's. In that as the information can't be gotten through NSW jurisdiction it might become exempt under their acts due to it originating here.

 

[withoutaface]

I'm surprised to see Nelson criticising the BOS so publicly, perhaps if there's pressure from higher up the chain they might buckle.

 

[Xayma]

I am thinking that is raw marks since that is the only marks with which UAC is provided.

Wouldn't the information contained in other states hence fall under their own FOI act? Although VTAC isn't listed as an agency for Victoria, I can't find any refrence protecting the University of Tasmania's records (granted I can't currently find more than an information sheet, at the moment) also of interest would be the other states, which also serves as the admission centre. Charles Darwin University (NT's admission centre) won't work because it isn't accessible through the state in which we got it.

The main problem is that it might all be similar to NT's. In that as the information can't be gotten through NSW jurisdiction it might become exempt under their acts due to it originating here.

Nevermind it is also exempt in Tasmania, as Im assuming it is transmitted in confidence. Might be worth a shot anyway since you dont get charged the fee if it can't be provided in Tasmania (they will give you an estimate of costings first).

 

[Slidey]

You know, the TAC you might have the most (or least) luck with is the QTAC - since they use the OP method instead, they may just care a whole lot less about this UAI business.

 

[Xayma]

It isn't that, it is whether information from other states is confidential. In Tasmania it must have been sent in confidence, or they must have been notified that it isn't accessible in the Law in NSW.

QTAC is most likely similar.

 

[Lazarus]

The UAC is not a university though.

The only thing is that it's primary function is directly related to unversities.

The Universities Admissions Centre (NSW & ACT) Pty Ltd is a private company (ASIC listing) that is owned by another company, UniProjects Pty Ltd, which is in turn jointly owned by all or most NSW universities: Nature and Scope of UAC.

This makes UAC an independent legal entity and places it outside the scope of FOI (which only applies to government agencies).

Wouldn't the information contained in other states hence fall under their own FOI act?

Yes, but each FOI Act includes an exemption for documents that could potentially prejudice relations between States or that were communicated in confidence between States.

Since the database they talk about is a national database.

I didn't receive this impression - my interpretation was that rather than there being a single national database that is administered by the Commonwealth, there is a series of consistent and near-identical State databases.

I think James has tried to just get more scaling data, and failed. I think UAC are even more unwilling than the Board of Studies.

I actually haven't approached UAC or the universities in relation to any of this yet, because we just haven't discovered any viable avenues. There are a couple of ideas that I am currently working on, but I doubt any action will be taken there for at least a few months. There's no point wasting time and effort in pursuing an avenue that has only a remote chance of success.

You could always write to them, of course. I am guessing they would allow you to view your name and sex, for instance. (I don't know whether they'd spend so much money to bother, though.)

One of the avenues I have been considering is a request for all "personal information" (including scaled HSC marks) under the Privacy and Personal Information Protection Act 1998 (NSW). There are a number of obstacles that would need to be surmounted in order for this to be successful, but it seems to be worth investigating at least.

 

[Xayma]

I didn't receive this impression - my interpretation was that rather than there being a single national database that is administered by the Commonwealth, there is a series of consistent and near-identical State databases.

That was the impression I got off the VTAC site but after posting, the other sites confirmed what you were saying.

 

[cholly]

1) The Board has realised that we can accurately estimate raw band cut-offs by splicing together raw and aligned marks from different students. As a result, they have simply put a blanket ban on all future disclosures of raw marks. [Edit: This now appears to be the case.]

are they actually able to do that with freedom of information and stuff?

 

[Lazarus]

Well.

It's arguable.

And it seems that it's going to be argued.

 

[Tommy_69]

If i send a FOI form at the end of the year, will I definetly get it rejected Laz?

 

[Lazarus]

Well, it's not definite, but the current state of affairs does make it seem likely.

Things might change before then though.

 

[Tommy_69]

well ill take the risk and let u know haha

 

[~ ReNcH ~]

So what exactly do we have to do to get an FOI application through successfully?

 

[kami]

So what exactly do we have to do to get an FOI application through successfully?

I agree with Captain pi.

The legal costs would (roughly) be:

$30 initial application fee (BOS)
$40 internal review fee (BOS)
$55 external review fee (ADT)

= $125

But once that was done, if successful, any student would be able to obtain their marks with just the initial fee of $30.

If they reject your initial application, you would just need to write to them requesting an internal review ("I write to request an internal review of the decision made on X December 2005 by Joe Bloggs ..."), with the internal review fee attached. They're obliged to give you instructions and assistance if you need it.

If the outcome of the internal review reaffirms the original decision, you just need to fill out the ADT's application form and send it off (again with the fee). Although an appeal to the ADT will require you to make appearances and so on... might be worth finding a friend who does law at that stage.

And here's the foi form.
http://www.boredofstudies.org/other/foi_application_form.pdf

 

[Captain pi]

ReNcH: The tricky part is the external review: going to court and arguing your case. It's a bit more difficult than printing off a form (or so I am to believe). Still, if enough people collaborate, it might be worthwhile.

[comment] See me after Chem.[/comment]

 

[~ ReNcH ~]

And so the process that kami outlined is likely to occur or will occur if someone makes an FOI application?

 

[Lazarus]

Well, it won't just 'occur', it's a process that you'll have to pursue.

But making the application is the first step.

:uhhuh:[comment] One that might have been rendered unnecessary by the time you're due to apply... [/comment]:uhhuh:

 

[Tommy_69]

well when i get my results back im guna send the FOI form asap, i hope i dont get it rejected first off, cuz i couldnt be bothered going through the rest of the process!!

 

[AreYouAlright?]

I too think i will apply for my results, i'm wondering if i got my solicitor to draft the request and mail it to BOS from his office it would have a better chance of not being rejected?

If not, i wonder if there are any law students willing to take up the Bored of Studies cause for free and represent someone in the ADT.