Our reference: CB 25-049
Email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear applicant
Decision on your Freedom of Information Request
On 29 July 2024, you submitted a request to the Department of Infrastructure, Transport, Regional
Development, Communications and the Arts (the Department), seeking access to documents under the
Freedom of Information Act 1982 (FOI Act).
On 6 August 2024, the Department notified you that the subject matter of your request is more closely
related to the functions of the Classification Board (the Board), and as such, on 5 August 2024, your request
was transferred to the Board under section 16 of the FOI Act.
1
Your request
You requested access to:
Audio/video recorded by the board during classification and contained in the application to classify
for the computer game 'EA Sports UFC 5'.
2
Authority to make decision
I am authorised to make decisions in relation to Freedom of Information requests under section 23(1) of the
FOI Act.
3
Decision
3.1 Audio/video recorded by the Board
The right of access under the FOI Act is limited to a ‘document of an agency’, being a document in the
possession of the Board, whether created by the Board or received by the Board (section 4 of the FOI Act
refers).
Section 24A of the FOI Act provides that an agency may refuse a request for access to a document if:
(a)
all reasonable steps have been taken to find the document, and
(b)
the agency or Minister is satisfied that the document:
(i)
is in the agency's or Minister's possession but cannot be found, or
(ii)
does not exist.
Staff assisting the Board conducted searches of the Board’s case files for documents relating to ‘EA Sports
UFC 5’. No recordings made by members of the Board or by staff assisting the Board were identified as being
in the possession of the Board. In addition, I note that it is not usual practice for members of the Board to
create such recordings.
I am satisfied that all reasonable steps have been taken to find documents which would be relevant to your
request and that the documents do not exist in the possession of the Board.
I have therefore decided, in accordance with section 24A of the FOI Act, that the Board does not hold a
document in its possession that meets the terms of this part of your request.
3.2 Audio/video contained in the application to classify
I have identified one document that I consider contains information that is relevant to the second part of
your request. This document was in the possession of the Board when your request was received and consists
of video footage which accompanied the application to classify the computer game 'EA Sports UFC 5'.
I have decided to grant access in full to this document.
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Material taken into consideration
In making my decision, I had regard to the following:
• the terms of your request
• the content of the documents captured by your request
• the provisions of the FOI Act
• the guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
(the FOI Guidelines)
• advice from departmental officers assisting the Board with responsibility for the subject matter
contained in the documents captured by your request.
5
Legislative provisions
The FOI Act, including the provisions referred to in my decision, are available on the Federal Register of
Legislation website:
www.legislation.gov.au/Series/C2004A02562.
6
Your review rights
If you are dissatisfied with my decision, you may apply for a review of it.
6.1 Information Commissioner review or complaint
An application for IC review must be made in writing to the Office of the Australian Information Commissioner
(OAIC) within 60 days of the decision.
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.
More information about the Information Commissioner reviews and complaints is available on the OAIC
website here:
www.oaic.gov.au/freedom-of-information/foi-review-process.
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Publication of material released under the FOI Act
Where I have decided to release documents to you, we may also publish the released material on our
Disclosure Log. We will not publish personal or business affairs information where it would be unreasonable
to do so.
For your reference our Disclosure Log can be found here
: www.infrastructure.gov.au/about-us/freedom-
information/freedom-information-disclosure-log.
Further information
The Department of Infrastructure, Transport, Regional Development, Communications and the Arts provides
administrative assistance to the Classification Board in relation to FOI matters. If you require further
information about this decision, please contact the Department’s FOI Section at
xxx@xxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Tristan Sharp
Acting Director
Classification Board
26 August 2024
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