Our ref: FOI-2024- 10052
12 June 2024
AJB
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear AJB
Freedom of Information Request- Access Decision
1. I refer to your request of 13 May 2024 to this Office under the
Freedom of Information
Act 1982 (FOI Act) for access to documents in the fol owing terms:
"According to the Commonwealth Ombudsman Disclosure Log, on 3 November
2023, the Ombudsman granted access to emails or other communications
directed at all staff about the Royal Commission on the Robo-debt Scheme. The
Commonwealth Ombudsman reference is FOI-2023-10082. A full disclosure was
made of 3 documents and a partial disclosure was made of 10 documents.
Please grant access to the UNREDACTED VERSIONS of disclosed documents under
the FOI Act by reply email."
Decision
2. 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.
3. Our Office has identified 13 documents relevant to your request. Our Office identified
the documents by searching our electronic records management system and
electronic documents saved on shared or network drives. A schedule setting out the
relevant documents is at
Attachment A. I have included copies with this email.
4. I have decided:
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• to grant full access to 3 documents
• to grant access to 9 documents in part.
• to refuse access to 1 document
Reasons for decision
Material taken into account
5. In making my decision I had regard to the following:
• the terms of your request
• the content of the documents to which you sought access
• consultations with relevant Ombudsman staff members
• consultation responses from the Commonwealth Ombudsman
• the relevant provisions of the FOI Act
• Guidelines issued by the Australian Information Commissioner under s 93A of
the FOI Act, available at www.oaic.gov.au (
FOI Guidelines)
• Relevant Office of the Australian Information Commissioner (OAIC)
determinations, Administrative Appeals Tribunal (AAT) decisions and court
decisions.
Conditional exemption– personal privacy: s 47F
6. Section 47F conditionally exempts a document to the extent that its disclosure would
involve the unreasonable disclosure of personal information about any person.
Personal information
7. ‘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
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(b) whether the information is recorded in a material form or not.
8. The documents contain personal information in the form of Ombudsman staff full
names and contact information, including phone numbers and direct email
addresses. I am satisfied that the relevant information is personal information: s 4 of
the FOI Act.
Disclosure unreasonable
9. 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:
a. the extent to which the information is wel known
b. 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
c. the availability of the information from publicly accessible sources
d. any other matter I consider relevant.
10. With regards to staff names and direct contact information, the relevant information
is not well 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. Our Office has generic contact numbers
and email contact points. Therefore, members of the public do not require knowledge
of ful staff names or direct phone numbers and email addresses in order to
communicate with our Office.
11. I understand that the name and contact information of one of the affected staff
members is publicly available in connection with other material (for example the
Australian Government directory). However, I am of the view that it is stil
unreasonable to disclose this information in response to this request. There individual
concerned is not publicly associated with these documents.
12. Previous decisions of the IC support that where there is no need for an applicant to
contact a particular public servant in the future, disclosure of a public servant’s name
may be unreasonable. This includes where an individual may already have records
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which reveal the names of the relevant staff. Additionally, the documents wil be
published publicly on the 'Right to Know' website which further increases the risk of
inappropriate contact. I find that it would be unreasonable in this case as, in my view,
disclosure of the staff names could subject the individuals to inappropriate contact
and be to their detriment -
Warren; Chief Executive Officer, Services Australia and
(Freedom of Information) [2020] AATA 467, [83]..
Disclosure not in the public interest
13. Section 11A (5) of the FOI Act provides that while an agency must give a person access
to a document if it is conditionally exempt, access may be refused if the document’s
disclosure would, on balance, be contrary to the public interest.
14. In deciding whether or not access should be given to this information, on the basis
that it is in the public interest to do so, 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 [6.17 – 6.22], as wel as matters specific to this agency’s functions and
operating environment.
15. I am not of the view that in this instance access to the personal information of public
servants would increase public participation in Government processes or contribute
to scrutiny and discussion around government decisions and investigations.
16. The following factors mitigate against disclosure:
a. Release of the information could reasonably be expected to prejudice the
protection of a person’s right to privacy.
b. Release of the information could reasonably be expected to impede the
Office’s work health and safety obligations under the Work Health and Safety
Act 2011 (Cth).
c. Disclosure of the relevant personal information could reasonably be expected
to result in inappropriate contact resulting in inefficiencies or impediments to
the Office’s operations.
17. Pursuant to subsection 11A(5) of the FOI Act, I have concluded that this disclosure at
this time would be, on balance, contrary to the public interest.
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Conditional exemption – Certain operations of agencies: s 47E
18. Subsection 47E(d) of the FOI Act relevantly provides that:
A document is conditionally exempt if its disclosure under this Act would, or could
reasonably be expected to, do any of the following:
…
(d) have a substantial adverse effect on the proper and efficient conduct of the
operations of the agency.
19. The documents contain an automatically generated transcript of a ‘Q and A’ style
session with the Ombudsman.
20. The automatical y generated transcript of the meeting is low quality and
misrepresents what occurred at the meeting. These errors are more than merely
typographical, and at some points impact or even reverse the meaning of what was
said during the meeting. In these circumstances, disclosing the transcript would
amount to publishing incorrect information about the views of the Ombudsman and
staff on this topic.
21. In my view, this would have a detrimental effect on confidence in the agency. As a
complaint handling body, that must persuade agencies to adopt our
recommendations, this would have a real and substantial adverse effect on the
conduct of our operations.
22. I note that I am prohibited from taking into account that access to the document
could result in a person misinterpreting or misunderstanding the
document. However, in my view, this does not prevent me from considering that the
document is not a true record of what was said in the meeting, and circulating an
inaccurate record of our views could compromise confidence in the Office. This
would be reasonably likely to inhibit wil ingness to share complaints with our Office
and the persuasiveness of our conclusions.
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Disclosure not in the public interest
23. Section 11A (5) of the FOI Act provides an agency must give a person access to a
document that is conditionally exempt at a particular time, unless, in the
circumstances, disclosure would, on balance, be contrary to the public interest.
24. In considering whether access would, on balance, be contrary to the public interest, I
have considered the factors for and against disclosure, including the factors
identified in s 11B (3) of the FOI Act. I have also considered the public interest factors
favouring and against disclosure in the FOI Guidelines [6.17 –6.22], as well as matters
particular to the Ombudsman’s functions and operating environment.
25. In my view, factors favouring disclosure include that disclosure would:
a. promote the objects of the FOI Act, including to inform the community of the
Government’s operations, including, in particular the practices fol owed by the
Government in its dealings with external agencies, and enhance the scrutiny
of government decision making; and
b. inform debate on a matter of public importance, including to allow or assist
inquiry into possible deficiencies in the conduct or administration of an agency
or official.
c. however, noting that the transcript would also materially misinform about
these matters of importance, I have moderated the weight given to these
factors.
26. I have also considered factors against disclosure, particularly that the purpose of the
meeting was to facilitate a candid discussion of the outcomes of the Royal
Commission among staff, and for staff to ask questions of the executive about the
topic.
27. The disclosure of internal candid discussion could reasonably be expected to stifle
such discussions in future. The ability to speak candidly and frankly when discussing
administration of the Ombudsman’s functions ensures the Office remains robust and
dynamic. If officers do not feel they can candidly and frankly communicate with each
other to discuss, question, suggest and workshop ideas, this could reasonably be
expected to stifle such future discussion.
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28. Additional y, information in the transcript includes content that relates to completed
and ongoing Ombudsman investigations. This information is exempt from production
under s 47E(d) of the FOI Act. Ombudsman investigations are dealt with in private
pursuant to s 8(2) of the
Ombudsman Act 1976, and Ombudsman officers are to
observe confidentiality with respect to information disclosed under the Act.
29. I have considered the factors for and against disclosure and find, on balance, that the
factors against disclosure outweigh the factors in favour of disclosure. Therefore, I
have concluded that this disclosure at this time would be, on balance, contrary to the
public interest.
Deletion of exempt/irrelevant matter – s 22
30. Section 22 of the FOI Act allows an agency to delete irrelevant matters from a
document which is otherwise irrelevant to an applicant’s FOI request and to provide
an applicant with access to an edited copy.
31. Office updates contained in document 12 that have no correlation to the Robodebt
Royal Commission have been deleted as this material is out of scope. Additional y,
the Microsoft Teams meeting links in documents 8 and 9 as wel as internal file links
in document 10 have been deleted as they are irrelevant to the request.
Review rights
Internal review
32. You can request internal review within 30 days of you receiving this decision. An
internal review wil be conducted by a different officer from the original decision-
maker.
33. No particular form is required to apply for review although it wil assist your case to
set out the grounds on which you believe that the original decision should be
changed. Applications for internal review can be made:
• via email t
o xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx
• by mail to Commonwealth Ombudsman GPO Box 442 Canberra ACT 2601
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34. If you choose to seek an internal review, you wil afterward have a right to apply for
Information Commissioner review (IC review) of the internal review decision.
Information Commissioner review or complaint
35. You also have the right to seek IC review of this decision. For FOI applicants, an
application for IC review must be made in writing within 60 days of the decision. For
third parties who object to disclosure of their information, an application for IC review
must be made in writing within 30 days of the decision.
36. If you are not satisfied with the way we have handled your FOI request, you can lodge
a complaint with the OAIC. However, the OAIC suggests that complaints are made to
the agency in the first instance.
37. While there is no particular form required to make a complaint to the OAIC, the
complaint should be in writing and set out the reasons for why you are dissatisfied
with the way your request was processed. It should also identify the Ombudsman’s
Office as the agency about which you are complaining.
38. You can make an IC review application or make an FOI complaint in one of the
following ways:
• online at
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-
information-rights/freedom-of-information-complaints/make-an-foi-
complaint
• via email t
o xxxxx@xxxx.xxx.xx
• by mail to GPO Box 5218 Sydney NSW 2001, or
• by fax to 02 9284 9666.
39. More information about the Information Commissioner reviews and complaints is
available at its website:
www.oaic.gov.au/freedom-of-information/foi-review-
process.
Contact
40. You may contact me via email at
xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx or via
telephone on 1300 362 072.
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Yours sincerely
Laura Mackenzie
Legal Officer
Legal Team
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OFFICIAL: Sensitive
Attachment A
Schedule of documents- Freedom of Information Request FOI-2024-10052
Doc
Description of Document
Decision of Access
Exempt or irrelevant
Information redacted
No.
material
1.
Robodebt Royal Commission – Analysis of
Full access
Recommendations – Paper from July Executive
Committee Meeting
2.
Commonwealth Ombudsman Corporate Plan
Full access
2023-2024. Senior Executive Staff reviewed this
document in July and August. Contained in the
Ombudsman’s foreword and pg. 13 are references
to Robodebt Royal Commission
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OFFICIAL: Sensitive
3.
Robodebt Royal Commission Report Guidelines.
Part access
Conditional y exempt
Surnames of Ombudsman
This Guidance document sets out instructions for
under s 47F of the FOI Act
staff redacted
Complaints Officers on how to respond to
(unreasonable disclosure
contacts, or other enquiries/complaints in relation
of personal information)
to the Report of the Royal Commission into the
Robodebt Scheme
4.
Transcript All-Staff Town Hal Royal Commission
Exempt in full
Conditional y exempt
Internal staff 'Q and A'
into the Robodebt Royal Commission Report
under s 47E(d) –
meeting with the
(substantial adverse effect Ombudsman
on agency operations)
5.
Intranet Post – A Message from the Ombudsman
Full access
– Robodebt Royal Commission Report
6.
Intranet post - Release to VOLT of Guidance for
Part access
Conditional y exempt
Surnames of Ombudsman
Complaint Officers on responding to contacts
under s 47F of the FOI Act
staff redacted
about the RRC report
(unreasonable disclosure
of personal information)
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OFFICIAL: Sensitive
Conditional y exempt
Online link to Guidance
under s 47E(d) –
document redacted
(substantial adverse effect
on agency operations)
7.
Guidance document in VOLT – Robodebt Royal
Part access
Conditional y exempt
Surnames of Ombudsman
Commission Report
under s 47F of the FOI Act
staff redacted
(unreasonable disclosure
of personal information)
8.
Weekly Exec meeting – possible discussion
Part access
Conditional y exempt
Direct contact information of
between Ombudsman, Deputy Ombudsman and
under s 47F of the FOI Act
Ombudsman staff redacted
Senior Assistant Ombudsmans about the report
(unreasonable disclosure
of personal information)
9.
All staff town hall invite - Royal Commission into
Part access
Conditional y exempt
Surnames of Ombudsman
the Robodebt scheme report
under s 47F of the FOI Act
staff redacted
(unreasonable disclosure
of personal information)
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OFFICIAL: Sensitive
10.
Intranet post – Recording available – All-staff
Part access
Conditional y exempt
Surnames of Ombudsman
town hall about Robodebt Royal Commission
under s 47F of the FOI Act
staff redacted.
(unreasonable disclosure
of personal information)
11.
Email chain between HR and Execs about staff
Part access
Conditional y exempt
Surnames and direct
support strategies post RRC Report release
under s 47F of the FOI Act
contact information of
(unreasonable disclosure
Ombudsman staff redacted
of personal information)
12.
Intranet post – A message from the Ombudsman
Part access
Conditional y exempt
Surnames of Ombudsman
under s 47F of the FOI Act
staff redacted
(unreasonable disclosure
of personal information)
Exempt under s 22 of the
Irrelevant information –
FOI Act (Access to edited
Office updates from
copies with exempt or
Ombudsman to Officers
irrelevant matter deleted)
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OFFICIAL: Sensitive
13.
Email to SLG
Part access
Conditional y exempt
Surnames and direct
under s 47F of the FOI Act
contact information of
(unreasonable disclosure
Ombudsman staff redacted
of personal information)
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