24 June 2024
Our reference: EACTFOI-20240509-01
Vanessa Teague
Via email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Vanessa Teague
Freedom of Information Access Application – Decision to remove eVACS
source code from easy public access
I refer to your access application made under the Freedom of Information Act 2016 (FOI
Act), received by Elections ACT on 9 May 2024.
Your application requested access to:
“…all documents, including email and meeting minutes, related to the decision in
April 2024 to withdraw the EVACS voting and counting code from the easily-
accessible public disclosure that had previously been made.”
Authority
I am an information officer appointed by the ACT Electoral Commissioner to make
decisions about access to government information held by Elections ACT, in accordance
with section 18 of the FOI Act.
Under section 40(1) of the FOI Act, we must respond to your application within 30
working days of receipt, not 20 working days as advised in our acknowledgement email
dated 23 May 2024. Therefore a decision on your access application must be made on or
by 24 June 2024.
Decision
I have identified five documents containing information within the scope of your access
application. These are outlined in the attached Schedule of documents.
I have decided to:
grant full access to two documents
grant part access to three documents.
— 2 —
Under section 35(1)(c) of the FOI Act, I have refused access to some of the information
that you have requested. This is because it is contrary to the public interest information.
The reasons are outlined in the attached Reasons for decision.
Copies of the documents are attached, with redactions applied to information that is
contrary to the public interest to disclose.
The eVACS code was temporarily removed from the Elections ACT website when an error
in the counting code was identified by Elections ACT staff during ongoing operational
testing. The error has been resolved and the code has been re-certified and re-published
for public comment.
Online publishing – Disclosure Log
Under section 28 of the FOI Act, Elections ACT maintains an online record of access
applications called a disclosure log. Your original access application and my decision will
be published on our disclosure log at
www.elections.act.gov.au/about_us/freedom_of_information
Your personal details will not be published.
Ombudsman review
Decisions on access requests are reviewable decisions as identified in schedule 3 of the
FOI Act. You have the right to seek Ombudsman review of this outcome under section 73
of the FOI Act within 20 working days from the day that a decision is provided to you, or
a longer period allowed by the Ombudsman.
For more information and the application form for Ombudsman review, please visit:
https://www.ombudsman.act.gov.au/accountability-and-oversight/freedom-of-
information/foi-complaints-and-reviews
Alternatively, you may write to the Ombudsman at:
The ACT Ombudsman
GPO Box 442
CANBERRA ACT 2601
Via email: xxxxxx@xxxxxxxxx.xxx.xx
Under section 84 of the FOI Act, if a decision is made under section 82(1) on an
Ombudsman review, you may apply to the ACT Civil and Administrative Tribunal (ACAT)
for review of the Ombudsman decision.
Further information may be obtained from the ACAT at:
ACT Civil and Administrative Tribunal
GPO Box 370
CANBERRA CITY ACT 2601
Telephone: (02) 6207 1740
www.acat.act.gov.au/
— 3 —
Further information
If you have any queries concerning our processing of your request, or would like further
information, please contact xxxxxxxxx@xxx.xxx.xx or call (02) 6205 0033.
Yours sincerely
Ro Spence
Information Officer
Deputy Electoral Commissioner
ACT Electoral Commission
— 4 —
Reasons for decision
What you requested
“…all documents, including email and meeting minutes, related to the decision in April
2024 to withdraw the EVACS voting and counting code from the easily-accessible public
disclosure that had previously been made.”
Summary of my decision
I have decided to:
grant you full access to two documents (documents 1 and 2)
grant you part access to three documents (documents 3, 4, 5).
What I took into account
In reaching my decision, I took into account:
your access application dated 9 May 2024
the documents containing the information that falls within the scope of your access
application
consultation with a third party about information concerning them
the Human Rights Act 2004
the FOI Act
the ACT Ombudsman FOI Guidelines.
Reasons for my decision
I am authorised to make decisions under section 18 of the FOI Act. As a decision maker, I
am required to determine whether the information within scope is in the public interest to
release. To make this decision, I am required to:
assess whether the information would be contrary to public interest to disclose as per
Schedule 1 of the FOI Act
perform the public interest test as set out in section 17 of the FOI Act by balancing
the factors favouring disclosure and factors favouring non-disclosure in Schedule 2 of
the Act.
There were no Schedule 1 factors identified and therefore this has not been a relevant
factor in my decision.
I have decided that some parts of documents that contain the information you requested
contain information that would, on balance, be contrary to the public interest to disclose
under the test set out in section 17 of the FOI Act.
I have identified that the following factors are relevant to determine if release of the
information contained within these documents is within the public interest.
— 5 —
Factors favouring disclosure under Schedule 2 of the FOI Act
Schedule 2, 2.1(a)(i) – promote open discussion of public affairs and enhance the
government’s accountability;
Schedule 2, 2.1(a)(viii) – reveal the reason for a government decision and any
background or contextual information that informed the decision.
Factors favouring nondisclosure under Schedule 2 of the FOI Act
Schedule 2, 2.2(a)(ii) – prejudice the protection of an individual’s right to privacy or
any other right under the Human Rights Act 2004.
Documents relevant to your application contain personal information of individuals,
including names, mobile phone numbers, and email addresses. I have considered how the
public interest would be advanced by releasing this information in part or in whole. It is
my view that the information if disclosed, could reasonably be expected to prejudice the
protection of an individual’s right to privacy under the Human Rights Act 2004.
Considering the type of information to be withheld from release, I am satisfied that the
factors in favour of release can still be met while protecting the personal information of
the individuals involved. On balance, and the information available to me, I am satisfied
that the disclosure of this personal information is not in the public interest.
Having applied the test outlined in section 17 of the FOI Act and deciding that release of
personal information contained in the documents is not in the public interest to release, I
have chosen to redact this specific information in accordance with section 50(2). Noting
the pro-disclosure intent of the FOI Act, I am satisfied that redacting only the information
that I believe is not in the public interest to release will ensure that the intent of the Act is
met.
