OFFICIAL
FOI-2023-10048, MR23/00721
14 April 2025
James Douglass by email only: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Douglass,
Revised decision- 55G FOI Act
1. Your FOI application for information about Iain Anderson's appointment as the
Commonwealth Ombudsman is currently the subject of Freedom of Information
Commissioner review.
2. You wrote to the Commissioner stating:
“I would like a neutral decision maker, like the FOI Commissioner, to reconsider
the “at least 35” documents that were first identified and, in respect of the
remaining 29 or so documents, make a decision under the FOI Act."
3. In order for that to occur, I am making a revised decision on those documents. The
Commissioner can then consider this decision. The Office maintains that we were
justified in distinguishing the Ombudsman's commencement from his appointment,
however, in order to resolve this matter as efficiently as possible, I am proceeding as
if the scope of your application as drafted did capture documents relating to the
commencement of the Ombudsman.
4. I note that, based on your email to the Commissioner, I have not undertaken further
searches.
5. This letter constitutes notice of my decision on your request for access. I am
authorised to make decisions on behalf of our Office under s 23 of the FOI Act
Reasons for decision
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6. In making my decision I had regard to the following:
a) the terms of your request
b) the content of the documents to which you sought access
c) consultations with relevant Ombudsman staff members
d) the outcome of searches
e) the relevant provisions of the FOI Act
f) relevant case law, and
g) Guidelines issued by the Australian Information Commissioner under s 93A of
the FOI Act, available at www.oaic.gov.au (
FOI Guidelines)
Decision
7. Original searches revealed 33 documents. If you include duplicates, there are 37
documents. The duplicates are merely the same document saved in multiple
locations. I have not released multiple copies of the duplicates. Of the 33 documents,
6 were released to you. A summary of the documents and my decision is below:
Document(s)
Decision
1
Commonwealth Ombudsman appointment Already released
advertisement. Already released. (1 document)
2
Commonwealth Ombudsman Candidate Already released
Information Pack. Already released. (1
document)
3
An invoice regarding the Ombudsman’s Already released
appointment. Already released. (1 document)
4
An internal email about the new Already released
Commonwealth Ombudsman-
already
released (1 document)
5
Intranet post about new Commonwealth Already released
Ombudsman- already released (1 document)
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6-8 An email chain which includes internal emails
Document 6: Email chain - part access (staff
and correspondence with the Attorney-
names, email addresses, shared inboxes and
General's
department attaching the
phone numbers redacted)
instrument of appointment (already released)
and a letter from the remuneration tribunal Document 7: Instrument of appointment- already
regarding Mr Anderson’s superannuation released
salary. (3 documents)
Document 8: Letter from the remuneration
tribunal- part access (phone numbers redacted)
9
Letter from the remuneration tribunal referred Duplicate not released
to above- saved version (1 duplicate)
10
Instrument of appointment (already
Already released- Duplicate not released
released)- saved version (1 duplicate)
11-
Internal email chain- Human Resources-
Document 11: Internal email chain- part access
13
attaching letter from the remuneration tribunal
(staff names, shared inboxes and email addresses
and instrument of appointment (1 document, 2
redacted)
duplicates)
Duplicates not released
14-
An email chain with 10 attachments relating to
Document 14: Email chain- part access (staff
24
payroll information and general employment
names and email addresses redacted)
information. The email chain is from Human
Resources to the Attorney General’s
Documents 15-24: 10 forms- released in full Department and the attachments are blank
forms that employees complete on
commencing in the office. (11 documents)
25- An email chain with 7 attachments attaching
Documents 25-32: Access refused- unreasonable
32
the completed payroll information referred to
release of personal information (s 47F)
above. (8 documents)
33- An email chain which includes a broken link to
Document 33: Email chain- part access (staff
34
the internal file management system, referring
names and email addresses redacted)
to the job advertisement and candidate
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information pack (already released) and
Document 34: Internal file link-broken link- not
noting they had been saved. (2 documents)
released.
35
A link to a public feed containing the Attorney
Document 35: Link to feed - released in full
General’s Media Release about Mr Anderson’s
appointment. (1 document)
36- An email chain and attached letter from
Documents 36, 37: Outside of scope
37
Michael Manthorpe about his retirement (2
documents).
Documents relating to Michael Manthorpe's retirement
8. I have considered whether, even on the broad reading of the request which I have
now adopted, the documents relating to Michael Manthorpe's retirement are within
scope. I have determined they are not.
Conditional exemption– personal privacy: s 47F
9. Section 47F conditionally exempts a document to the extent that its disclosure would
involve the unreasonable disclosure of personal information about any person.
10. ‘Personal information’ is defined in section 4 of the FOI Act as:
Information or an opinion about an identified individual, or an individual who is
reasonably identifiable:
(a) whether the information is true or not, and
(b) whether the information is recorded in a material form or not.
11. The documents contain personal information in the form of the names, surnames,
email addresses and direct phone numbers of the Ombudsman's and Attorney-
General's Department staff members, as wel as the personal information of the
Ombudsman. I am satisfied that the relevant information is personal information: s 4
of the FOI Act. The individuals are identifiable or reasonably identifiable from the
relevant information.
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12. If information is personal information, it wil be conditional y exempt if its disclosure
would be ‘unreasonable.’ In considering whether disclosure would be unreasonable,
subsection 47F(2) of the FOI Act requires me to take into account:
• the extent to which the information is wel known
• whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt with in the document
• the availability of the information from publicly accessible sources
• any other matter I consider relevant.
13. In relation to staff names, email addresses and phone numbers of public servants,
the relevant information is not wel known. The individuals to whom the information
relates are not generally known to be associated with the relevant information and
the relevant information is not readily available from public sources.
14. In relation to the Ombudsman's personal information as contained in his completed
human resources forms (Documents 25-32), the information is not wel known.
Release of this information in particular would amount to a serious interference with
the Ombudsman's privacy.
15. I find that release of such personal information would therefore involve the
unreasonable disclosure of personal information under s 47F(1) of the FOI Act.
16. Section 11A(5) of the FOI Act provides that an agency must give a person access to a
document unless disclosure would, on balance, be contrary to the public interest.
17. In deciding whether or not access should be given to this information, I have taken
into account the public interest factors for and against disclosure set out in s 11B(3) of
the FOI Act and the FOI Guidelines at paragraphs [6.229 – 6.233], as wel as matters
specific to this agency’s functions and operating environment.
18. I do not identify any particular public interest in disclosing this personal information,
beyond providing access to government-held information. I have given this very little
weight.
19. The following factors weigh against disclosure:
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• the disclosure could reasonably be expected to prejudice the protection of a
person’s right to privacy, in particular in relation to sensitive information.
• the fact that such information is not on the public record or otherwise available
from publicly accessible sources;
• the disclosure could reasonably be expected to impede the Office’s work
health and safety obligations under the
Work Health and Safety Act 2011 (Cth),
as disclosure of names may result in unsolicited contact.
• The disclosure of internal email addresses and contact numbers may pose a
risk to efficiency- the Office has established contact points for the public to
communicate with the Office in order to maximise the effectiveness and
efficiency of the agencies' operations.
20. I have given considerable weight to the protection of an individual's right to privacy,
and relevant work, health, and safety obligations, and find disclosure of personal
information would be unreasonable. I have considered that any decision of mine will
be published on the internet through the Right to Know website, and therefore
disclosure is to the world at large. Pursuant to subsection 11A(5) of the FOI Act, I have
concluded that this material is not required to be disclosed because disclosure at this
time would be, on balance, contrary to the public interest.
Conditional exemption- certain operations of agencies (s 47E(d))
21. Section 47E(d) of the FOI Act conditionally exempts a document where disclosure
could reasonably be expected to “have a substantial adverse effect on the proper
and efficient conduct of the operations of an agency." I must give access unless
access would, on balance, be contrary to the public interest (s 11A(5)).
22. Where the documents contain internal email inboxes, those email addresses have
been redacted. The Office and other departments provide centralised points of
contact to the public to ensure efficient management of and response to
correspondence. This enables the Office and other departments to effectively
perform their statutory functions, for example the investigation of complaints and
processing of FOI requests. If direct contact details were to be released, this would
undermine the effectiveness of such established communication channels, and may
result in a diversion of resources to responding to unsolicited correspondence
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received through those points of contact. I am satisfied this would have a substantial
adverse effect on the proper and efficient conduct of the Office and other
departments.
23. In deciding whether access should be given to this information on the basis of public
interest, I have taken into account the public interest factors for and against
disclosure, s 11B(3) of the FOI Act, the FOI Guidelines at paragraphs 6.229 – 6.233, as
wel as matters specific to this agency’s functions and operating environment.
24. Only in the broadest terms could release promote the objects of the FOI Act
as it would
facilitate access to government-held information. Disclosure would not otherwise
increase scrutiny, discussion or comment around decision making or increase public
participation in Government processes.
25. The following factors weigh against disclosure:
a) if internal direct contact details were revealed, it may have a substantial
adverse impact on the Office’s functions by diverting staff from their roles to
respond to unsolicited and misdirected communication; and
b) staff may be exposed to potential harm if exposed to unsolicited
communication.
26. The factors against disclosure outweigh those for disclosure. Pursuant to s 11A(5) of
the FOI Act, I have concluded that this material is not required to be disclosed
because disclosure at this time would be, on balance, contrary to the public interest.
Redactions
27. Where I have released partially redacted documents, I have decided to release an
edited copy of the document, removing exempt information, rather than exempt the
document in full (s 22).
28. I have also redacted email print and forwarding headers as wel as information
irrelevant your request under s 22.
Next steps
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29. The Information Commissioner must now deal with this IC review application as if it
were an IC review application for the review of this varied decision.
Yours sincerely,
Amelia McCormick
Legal Director
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