OFFICIAL
Reference:
FOI 22-23/051
Contact:
FOI Team
E-mail:
xxx@xxxxxxx.xxx.xx
Watson Norwood
via Right to Know website
By email only: xxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Norwood,
Freedom of Information Request – FOI 22-23/051
On 6 May 2023, the Department of Finance (Finance) received your email, in which you sought
access under the Commonwealth
Freedom of Information Act 1982 (FOI Act) to the following:
For a complete copy of the departments' Freedom of Information (FOI) logs for the period 2013-2023, including
any secondary departments controlled by the agency.
Conditions: I request that this is provided as a document and not a simple redirect to the agency website as I am of
the view that your online disclosure logs do not actively reflect your FOI requests that you have received in this
period.
On 17 May 2023, Finance wrote to you with the following information and sought your assistance
in responding to your request:
Background information
The FOI Act requires that agencies and ministers must publish details of information that has been released in
response to each FOI access request, subject to certain exceptions (subsection 11C(6) of the FOI Act). This
publication is known as a ‘disclosure log’. The purpose of the disclosure log is to make available to the world at
large information that has been released under the FOI Act.
If publication in a disclosure log would be unreasonable, an agency or minister is not required to publish.
Subsection 11C(1) of the FOI Act sets out that publication is not required in the following circumstances, where the
information in the documents released are exempt:
(a) personal information about any person, if it would be unreasonable to publish the information;
(b) information about the business, commercial, financial or professional affairs of any person, if it would be
unreasonable to publish the information;
(c) other information of a kind determined by the Information Commissioner under subsection (2), if it would
be unreasonable to publish the information;
(d) any information, if it is not reasonably practicable to publish the information under this section because of
the extent of any modifications to a document (or documents) necessary to delete information mentioned in
paragraphs (a) to (c).
If Finance has determined that an exemption to publication does not apply, and the document/s released to the
applicant are required to be published on Finance’s disclosure log, then they will be published.
Documents to which one or more of the above exemptions apply do not form part of the disclosure log.
One Canberra Avenue, Forrest ACT 2603 • Internet www.finance.gov.au
OFFICIAL
While we note you are not seeking to be redirected to the agency website, Finance’s disclosure log on the website
is the only log Finance produces, as required by the FOI Act.
As set out above, the purpose of the disclosure log is to make available the documents that have been released
under the FOI Act, and not simply the requests that have been received. For example, where a request has been
made, and the decision maker has made a decision to refuse access to a document, the request would not be
available on the disclosure log.
Request for assistance
As Finance does not hold any additional FOI ‘log’ document, we kindly invite you to withdraw your FOI request.
Alternatively, you can:
• revise your request, which can include explaining in more detail the documents you seek to access; or
• advise us that you seek to proceed with your original request.
Finance did not receive a response from you and therefore were unable to undertake any further
efforts to find documents as set out in your request.
The purpose of this letter is to provide you with notice of my decision under the FOI Act.
Authorised decision-maker
I am authorised by the Secretary of Finance to grant or refuse access to documents.
Decision
Section 24A of the FOI Act provides that an agency may refuse a request for access to a document
if after taking reasonable steps to find the document, the agency is satisfied that the document does
not exist. In line with this provision, I have decided to refuse your request.
In making my decision, I have had regard to the following:
• the terms of your FOI request;
• the FOI Act;
• the FOI Guidelines issued by the Office of the Australian Information Commissioner (FOI
Guidelines).
I am satisfied that all reasonable steps have been taken to find any a document that may fall within
the scope of your request. As no such document exists, I have decided to refuse your request.
Review and appeal rights
You are entitled to request an internal review or an external review by the Office of the Australian
Information Commissioner (OAIC) of my decision. The process for review and appeal rights is set
out at
Attachment A.
If you have any questions in regard to this request, please contact the FOI Team on the above
contact details.
Yours sincerely,
Kelly Hoffmeister
Kelly Hoffmeister
Assistant Secretary
Business Enabling Services
Department of Finance
1 June 2023
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ATTACHMENT A
[Freedom of Information – Your Review Rights
If you disagree with a decision made by the Department of Finance (Finance) or the
Minister for Finance (Minister) under the
Freedom of Information Act 1982 (the FOI Act)
you can have the decision reviewed. You may want to seek review if you sought certain
documents and were not given full access, if you have been informed that there will be a
charge for processing your request, if you have made a contention against the release of
the documents that has not been agreed to by Finance or the Minister, or if your
application to have your personal information amended was not accepted. There are two
ways you can seek a review of our decision: an internal review (IR) by Finance or the
Minister, or an external review (ER) by the Australian Information Commissioner (IC).
Internal Review (IR)
must apply in writing to the IC within 60
If, Finance or the Minister (we/our), makes a
calendar days of receiving our decision.
Freedom of Information (FOI) decision that
Third parties
you disagree with, you can seek a review of
If you are a third party objecting to a decision
the original decision. The review will carried
to grant someone else access to your
out by a different decision maker, usually
information, you must apply to the IC within
someone at a more senior level.
30 calendar days of being notified of our
decision to release your information.
You must apply for an IR within 30 calendar
Further assistance is located
here.
days of being notified of the decision or
charge, unless we agree to extend your time.
Do I have to go through the internal
You should contact us if you wish to seek an
review process?
extension.
No. You may apply directly to the OAIC for
an ER by the IC.
We are required to make an IR decision
within 30 calendar days of receiving your
application. If we do not make an IR decision
If I apply for an internal review, do I
within this timeframe, then the original
lose the opportunity to apply for an
decision stands.
external review?
No. You have the same ER rights of our IR
Review by the Australian
decision as you do with our original decision.
Information Commissioner (IC)
This means you can apply for an ER of the
original decision or of the IR decision.
The Office of the Australian Information
Commissioner (OAIC) is an independent
Do I have to pay for an internal review
office who can undertake an ER of our
or external review?
decision under the FOI Act. The IC can
review access refusal decisions, access grant
No. Both the IR and ER are free.
decisions, refusals to extend the period for
applying for an IR, and IR decisions.
If you are objecting to a decision to refuse
access to a document, impose a charge, or a
refusal to amend personal information, you
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How do I apply?
Can I appeal the Information
Commissioner’s external review
Internal review
decision?
To apply for an IR of the decision of either
Yes. You can appeal the Information
Finance or the Minister, you must send your
Commissioner’s ER decision to the
review in writing. We both use the same
Administrative Appeals Tribunal (AAT).
contact details, and you must send your
review request in writing.
There is a fee for lodging an AAT application
(as at 17 February 2023 it is $1,011).
In your written correspondence, please
include the following:
Further information is accessible
here.
• a statement that you are seeking a review
The AAT’s number is 1800 228 333.
of our decision;
• attach a copy of the decision you are
Complaints
seeking a review of; and
• state the reasons why you consider the
Making a complaint to the Office of the
original decision maker made the wrong
Australian Information Commissioner
decision.
You may make a written complaint to the
Email: xxx@xxxxxxx.xxx.xx
OAIC about actions taken by us in relation to
your application.
Post: The FOI Coordinator
Legal and Assurance Branch
Further information on lodging a complaint is
Department of Finance
accessible
here.
One Canberra Avenue
FORREST ACT 2603
Investigation by the Commonwealth
Ombudsman
External review (Information
The Ombudsman can also investigate
Commissioner Review)
complaints about action taken by agencies
For an ER, you must apply to the OAIC in
under the FOI Act. However, if the issue
writing. The OAIC ask that you commence a
complained about either could be, or has been,
review by completing their online form
here.
investigated by the IC, the Ombudsman will
consult with the IC to avoid the same matter
Your application must include a copy of the
being investigated twice. If the Ombudsman
notice of our decision that you are objecting
decides not to investigate the complaint, then
to, and your contact details. You should also
they are to transfer all relevant documents and
set out why you are objecting to the decision.
information to the IC.
Email: xxxxx@xxxx.xxx.xx
The IC can also transfer a complaint to the
Ombudsman where appropriate. This could
Post: Office of the Australian Information
occur where the FOI complaint is only one
Commissioner
part of a wider grievance about an agency’s
GPO Box 5218
actions. You will be notified in writing if your
Sydney NSW 2001
complaint is transferred.
The IC’s enquiries phone line is
Complaints to the Ombudsman should be
1300 363 992.
made online
here.
The Ombudsman’s number is 1300 362 072.
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Document Outline
