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Reference:
FOI 23-24/127
Contact:
FOI Team
E-mail:
xxx@xxxxxxx.xxx.xx
Ben Fairless
Via Right to Know
By email only:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Fairless,
Freedom of Information Request – FOI 23-24/127
On 27 March 2024, the Department of Finance (Finance) received your request seeking
access under the Commonwealth
Freedom of Information Act 1982 (FOI Act) to the
following:
This is a request for all documents created as a result of FOI 23-24/072.
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
I have identified eight (8) documents falling within the scope of your request. I have decided
to release all 8 documents with irrelevant information redacted.
In making my decision, I have had regard to the following:
• the terms of your FOI request;
• the content of the documents that fall within the scope of your request;
• consultations with third parties in accordance with the FOI Act;
• the relevant provisions of the FOI Act; and
• the FOI Guidelines issued by the Office of the Australian Information Commissioner
(FOI Guidelines).
Locating and identifying relevant documents Finance located documents by reviewing the digital file for FOI 23-24/072, as well as other
Finance share drives and document management systems, extracting the relevant documents
One Canberra Avenue, Forrest ACT 2603 • Internet www.finance.gov.au
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which were created by Finance between the date of your request and the date of the
notification of the decision to you and removing duplicates.
Relevant staff within the ICT Division, including the decision maker in respect of your
previous request, were also consulted to determine if there were any documents captured by
your request that were not saved within the FOI file, such as emails within the ICT Division,
handwritten notes or OneNote documents. The ICT Division confirmed that there were no
handwritten notes or OneNote documents, and additional emails were identified as falling
within the scope of your request.
The documents are identified in the Schedule at
Attachment A.
Reasons
Irrelevant information removed from the documents – section 22
Section 22 of the FOI Act provides that (relevantly):
(1) This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(ii) that to give access to a document would disclose information that would reasonably be
regarded as irrelevant to the request for access; and
(b) it is possible for the agency or Minister to prepare a copy (an edited copy) of the document,
modified by deletions, ensuring that:
(i) access to the edited copy would be required to be given under section 11A (access to
documents on request); and
(ii) the edited copy would not disclose any information that would reasonably be regarded as
irrelevant to the request…
On 12 April 2024, Finance advised that subject to any objections raised by you, the names
and contact details of junior staff (non-SES officers) and staff employed under the
Members
of Parliament (Staff) Act 1984 (adviser level and below) would be redacted under
section 22(a)(ii) of the FOI Act on the basis that these details are irrelevant to the request.
Accordingly, I have redacted irrelevant information from the documents and released the
edited form of the documents to you.
Charges
I have decided that a charge is not payable in this matter.
Third party consultation
Finance consulted with a third party and provided them with a copy of the documents with
our proposed redactions. We did not receive any objections to the release of the documents.
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 B.
Publication
Finance will publish the documents released to you on our
Disclosure Log. Finance’s policy
is to publish the documents the working day after they are released to you.
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If you have any questions in regards to this request, please contact the FOI Team on the
above contact details.
Yours sincerely,
Kelly Hoffmeister
Assistant Secretary
Legal and Assurance Branch | Corporate Strategy and Operations Division
Department of Finance
May 2024
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ATTACHMENT A
SCHEDULE OF DOCUMENTS RELEVANT TO FOI 23-24/127
Document
Date of
No. of
Description of Document
Decision
No.
Document
Pages
1
21/12/2023
3
Email allocating a decision maker
Release in part
Irrelevant material redacted under section 22
2
21/12/2023
3
Internal ICT Division email relating to previous Release in part
similar FOI requests
Irrelevant material redacted under section 22
3
22/12/2023
3
Email confirming decision maker to FOI team
Release in part
Irrelevant material redacted under section 22
4
22/12/2023
2
Formal notification to decision maker
Release in part
Irrelevant material redacted under section 22
5
04/01/2024
1
Scoping meeting email
Release in part
Irrelevant material redacted under section 22
6
19/01/2024
5
Emails relating to the decision letter
Release in part
Irrelevant material redacted under section 22
7
19/01/2024
2
Email notification to Deputy Secretary
Release in part
Irrelevant material redacted under section 22
8
Undated
5
Draft version of decision letter
Release in full
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ATTACHMENT B
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)
If you are a third party objecting to a decision
to grant someone else access to your
If, Finance or the Minister (we/our), makes a
information, you must apply to the IC within
Freedom of Information (FOI) decision that
30 calendar days of being notified of our
you disagree with, you can seek a review of
decision to release your information.
the original decision. The review will carried
Further assistance is locate
d here.
out by a different decision maker, usually
someone at a more senior level.
Do I have to go through the internal
review process?
You must apply for an IR within 30 calendar
days of being notified of the decision or
No. You may apply directly to the OAIC for
charge, unless we agree to extend your time.
an ER by the IC.
You should contact us if you wish to seek an
extension.
If I apply for an internal review, do I
lose the opportunity to apply for an
We are required to make an IR decision
external review?
within 30 calendar days of receiving your
No. You have the same ER rights of our IR
application. If we do not make an IR decision
decision as you do with our original decision.
within this timeframe, then the original
This means you can apply for an ER of the
decision stands.
original decision or of the IR decision.
Review by the Australian
Do I have to pay for an internal review
Information Commissioner (IC)
or external review?
The Office of the Australian Information
No. Both the IR and ER are free.
Commissioner (OAIC) is an independent
office who can undertake an ER of our
decision under the FOI Act. The IC can
review access refusal decisions, access grant
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
must apply in writing to the IC within 60
calendar days of receiving our decision.
Third parties
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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
OAIC about actions taken by us in relation to
Email: xxx@xxxxxxx.xxx.xx
your application.
Post: The FOI Coordinator
Legal and Assurance Branch
Further information on lodging a complaint is
accessibl
e here.
Department of Finance
One Canberra Avenue
Investigation by the Commonwealth
FORREST ACT 2603
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
complained about either could be, or has been,
writing. The OAIC ask that you commence a
investigated by the IC, the Ombudsman will
review by completing their online form
here.
consult with the IC to avoid the same matter
being investigated twice. If the Ombudsman
Your application must include a copy of the
decides not to investigate the complaint, then
notice of our decision that you are objecting
they are to transfer all relevant documents and
to, and your contact details. You should also
set out why you are objecting to the decision.
information to the IC.
The IC can also transfer a complaint to the
Email: xxxxx@xxxx.xxx.xx
Ombudsman where appropriate. This could
Post: Office of the Australian Information
occur where the FOI complaint is only one
part of a wider grievance about an agency’s
Commissioner
actions. You will be notified in writing if your
GPO Box 5218
complaint is transferred.
Sydney NSW 2001
The IC’s enquiries phone line is
Complaints to the Ombudsman should be
made online
here.
1300 363 992.
The Ombudsman’s number is 1300 362 072.
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Document Outline
