OFFICIAL
Reference:
FOI 24-25/018
Contact:
FOI Team
E-mail:
xxx@xxxxxxx.xxx.xx
By email only: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear FOI Applicant,
Freedom of Information Request – FOI 24-25/018
On 30 July 2024, 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:
On the tenders.gov.au website you have a "contact us" form
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.tenders.gov.au%2Fcontactus
%2Fshow&data=05%7C02%7CFOIA%40finance.gov.au%7Cff034d29d7eb4665837808dcb0369c6f%7C
08954cee47824ff69ad51997dccef4b0%7C0%7C0%7C638578995809671419%7CUnknown%7CTWFpb
GZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0
%7C%7C%7C&sdata=Up%2BWWL2HCRc%2FGS%2BT7U8iUqqAAPnsHb1B4X5JuZcv4X0%3D&res
erved=0 and a help desk email address "xxxxxxx@xxxxxxx.xxx.xx"
The form looks to have been live since late 2019, and I assume the helpdesk email has been around even
longer.
I seek access to all queries received through this form and to the helpdesk email for the past 5 years, and
the responses provided by Finance.
Specifically, the dates of query receipt and Query Priority: Urgent or Non-Urgent, Query Type, Query
Summary.
I do not seek any Personally Identifiable Information such as the name, phone number, email address of
the person raising the query.
On 5 August 2024, Finance emailed you and advised that the current scope of your request
captures a large volume of documents. Finance noted the AusTender helpdesk receives
approximately 10,000 queries per calendar year. Assuming there is only one response to
each query, there would be an estimated 20,000 records per year within the scope of your
request. Processing your request would therefore substantially and unreasonably divert the
resources of Finance from its other operations, which could give rise to a practical refusal
reason in relation to your request. This means that Finance would have grounds to refuse
your request on the basis it is unreasonable to process.
One Canberra Avenue, Forrest ACT 2603 • Internet www.finance.gov.au
OFFICIAL
Finance sought your assistance to narrow the scope of your request to enable it to be
processed.
On 8 August 2024, you amended the scope of your request by the following:
Could I modify my request as follows - instead of the individual feedback received by the department, I
would like any analysis that assesses the effectiveness of the AusTender system.
For example, I would be interested in documents that relate to the following four categories of analysis
that relate to the effectiveness of the system, although if there are other documents that have been
produced by the department, or for the department, that relate to the effectiveness of the AusTender
system, but do not fall under the examples I provide below, they should not be excluded because of they
do not fit the example categories I provide below.
Identified Issues: What are the most common or recurring issues identified through helpdesk inquiries or
departmental analysis, and are there any ongoing efforts to address these issues? What are those efforts?
User Satisfaction: Are there any metrics or feedback mechanisms that gauge user satisfaction with
AusTender? If so, what are the findings?
System Performance: Has the department conducted any internal assessments or audits on the
functionality, reliability, and user-friendliness of the AusTender system?
Improvements: Have any changes or enhancements been made to the AusTender system in response to
user feedback or identified issues? If so, what are they specifically, and what impact have these changes
had?
On 9 August 2024, Finance emailed you to request that you limit the scope of your request
to documents produced or received by Finance in the 24 months before your request (that is,
between 30 July 2022 and 30 July 2024).
On the same day you agreed to limit the scope of my request as proposed by Finance.
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 decided to produce one (1) document that contains the information you have
requested.
I have decided to release that one document to you in full.
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;
• the content of the document that was produced;
• the relevant provisions of the FOI Act; and
• the FOI Guidelines issued by the Office of the Australian Information Commissioner
(FOI Guidelines).
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OFFICIAL
Produced a document
You sought any documents produced or received by Finance that contains analysis that
assesses the effectiveness of the AusTender system, during the period 30 July 2022 and 30
July 2024.
We undertook a search for this information and were unable to locate any document relevant
to the scope of your request. However, I have decided under section 17 of the FOI Act to
produce a document that contains the above information, as the information did not exist in
a discrete form in a written document. The document was created using Helpdesk tool,
which collates all queries logged through the AusTender Helpdesk.
Charges
I have decided that a charge is not payable in this matter.
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.
Publication
Finance will publish the document released to you on our
Disclosure Log. Finance’s policy
is to publish the document the working day after they are released to you.
If you have any questions about this request, please contact the FOI Team on the above
contact details.
Yours sincerely,
Anush Avakian
Assistant Secretary
Procurement Policy and Systems Branch | Procurement Division
Department of Finance
August 2024
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OFFICIAL
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)
Third parties
If, Finance or the Minister (we/our), makes a
If you are a third party objecting to a decision
Freedom of Information (FOI) decision that
to grant someone else access to your
you disagree with, you can seek a review of
information, you must apply to the IC within
the original decision. The review will carried
30 calendar days of being notified of our
out by a different decision maker, usually
decision to release your information.
someone at a more senior level.
Further assistance is located
here.
You must apply for an IR within 30 calendar
Do I have to go through the internal
days of being notified of the decision or
review process?
charge, unless we agree to extend your time.
No. You may apply directly to the OAIC for
You should contact us if you wish to seek an
an ER by the IC.
extension.
We are required to make an IR decision
If I apply for an internal review, do I
within 30 calendar days of receiving your
lose the opportunity to apply for an
application. If we do not make an IR decision
external review?
within this timeframe, then the original
No. You have the same ER rights of our IR
decision stands.
decision as you do with our original decision.
This means you can apply for an ER of the
Review by the Australian
original decision or of the IR decision.
Information Commissioner (IC)
Do I have to pay for an internal review
The Office of the Australian Information
or external review?
Commissioner (OAIC) is an independent
office who can undertake an ER of our
No. Both the IR and ER are free.
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.
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OFFICIAL
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
