FOIREQ24/00397 549
Data
Condition?
No
Yes
Process
Process
FOIREQ24/00397 551
b. Correspondence, emails, file notes relating to the [[agency]]’s request
for an extension of time under s 15AA of the FOI Act
c. The [[agency]’s request to the OAIC for an extension of time under s
15AB of the FOI Act
d. The OAIC’s decision under s 15AB(2) to extend the processing period
e. The [agency]’s decision
f. Any other document you consider relevant to the complaint
Practical Refusal decisions
a. The request under s 15 of the FOI Act
b. The practical refusal notice pursuant to s 24AB(2) of the FOI Act
c. Evidence of sampling undertaken by the [agency]
d. Evidence of the request consultation process with the complainant
e. The decision of [insert date] under s 24(1)(b) of the FOI Act
f. Any other document you consider relevant to the complaint
Charges decisions
a. The request under s 15 of the FOI Act
b. The notice under s 29(1) of a preliminary estimate of charge
c. Evidence of sampling undertaken by the [agency]
d. Evidence which forms the basis of how the charge was calculated
e. The complainant’s response to the notice under s 29(1) of the FOI ACT
f. The decision of [insert date] under s 29(4) of the FOI Act
g. Any other document you consider relevant to the complaint
If there was an internal review
h. The request for an internal review
i. The internal review decision of [insert date].
Procedural manuals
j. Any relevant procedural manual, guidelines, policies, or training
materials used by [[agency]]
to assist its FOI officers to make decisions
both:
a. at the time this FOI complaint was made, and
b. any current versions
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3. Whether the complainant has or had:
(i)
a right to cause the action to be reviewed by the respondent agency
(ii)
the complainant has not exercised, or did not exercise the right, and
(iii)
it would have been reasonable for the complainant to exercise that
right
4. Whether the complainant made a complaint to the [agency] directly and, if so:
a. please provide copies of relevant correspondence with the
complainant regarding the complaint, and
b. please confirm whether the agency has:
(i)
dealt with, or is dealing with the complaint and any outcome,
or
(ii)
not yet had an opportunity to dealt with the complaint.
5. Information in response to the following [delete if not applicable to complaint
issues}
[e.g. the following may apply where decision notified outside of statutory timeframe]
i. The number of FOI requests the[agency] has completed within the
statutory timeframe in the 2023-24 financial year to date.
ii. Is the [agency] currently utilising the extension of time provisions in s 15
of the
Freedom of Information Act 1982 (FOI Act) where a request may not
be processed within the statutory timeframe? Can the [agency] provide
data to support this?
iii. Has the [agency] implemented any process changes to ensure that that
FOI requests are completed within the statutory timeframe or an
extension of time under s 15 of the FOI Act is sought?
[include below where complaint relates to unsatisfactory customer service (i.e. lack
of communication)]
iv. Has the agency received any complaints about from FOI applicants about
unsatisfactory customer service (i.e. lack of communication) since
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origination of this complaint? Can the [agency] provide data to support
this?
6. Brief submissions about changes made to [agency] practices and procedures
relevant to the complaint issues, since the FOI complaint was received, and
7. Brief submissions in response to this FOI complaint including,
a. [for example - if relevant, reasons for delay, information regarding
changes to practices/procedures etc.]
NOTE: Your substantive response may be shared with the complainant.
Next steps
I would be grateful for your response on or before
[date: two weeks].
The ICON alert 15 March 2024 outlines the OAIC’s approach and expectations for
agencies to meet timeframes when information is requested and any extension of
time requests.
If you have any questions about this request, I can be contacted via
xxxxx@xxxx.xxx.xx.
Yours sincerely,
[
complaint officer]
[title]
[Date]
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FOIREQ24/00397 555
• whether you have previously complained to the agency about the issue and any
response received
• your complaint issues (i.e. the function or power exercised by the agency under the
FOI Act)
• the outcomes you seek from the complaints process, and
• any documents you wish to provide in support of your complaint.
In the absence of any further particulars, the OAIC is unable to properly understand the
substance of your FOI complaint and the Information Commissioner may decide not to
investigate your FOI complaint under s 73 of the FOI Act.
[Delete if not relevant]
The outcome/s you have sought where IC review may be a
better option
Complaints usually focus on how an agency has handled your FOI request or complied with
other obligations under the FOI Act, rather than the decision itself. The Information
Commissioner can only make non-binding recommendations as a result of a complaint
which may address the issues that you have complained about, or suggestions or
recommendations that the agency should implement. Therefore, you will not receive a
decision and/or the documents as the outcome of a complaint.
I would be grateful if you could clarify the outcome you are seeking from the FOI complaints
process. For examples of outcomes and recommendations, please see our website at
Freedom of information investigation outcomes which outlines the types of
recommendations the OAIC has previously made in relation to the investigation of
complaints.
Next steps
Information about the FOI complaints process is available on the OAIC website at How we
handle a freedom of information complaint | OAIC.
A response is required by
[Date: two weeks].
Please note, your response may be provided to the agency for their consideration.
If you have any questions about this email, I can be contacted via xxxxx@xxxx.xxx.xx.
Kind regards
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FOIREQ24/00397 572
3. A copy of the relevant extracts of any FOI guidance, policies or procedures
relating to [insert details].
a. in place at the time of the initial complaint ([date]), and
b. any documents presently in place.
Our investigation
[
if not requesting information] [On [date] the OAIC made preliminary inquiries with
the [agency] under s 72 of the FOI Act.
The OAIC confirms receipt of the [agency]’s response of [date]. A copy of the
[agency]’ response has been provided to the complainant for a response. Once a
response is received, the OAIC will proceed to completing its investigation.
We presently do not require any further information from the Department.]
On completing an investigation, the Information Commissioner will provide a ‘Notice
on completion’ to the Department and to the complainant pursuant to s 86 of the FOI
Act. The Information Commissioner’s notice must include the investigation results,
the investigation recommendations (if any), the reasons for those results and any
recommendations (s 86(2)). The ‘investigation results’ under s 87 are:
• the matters that the Information Commissioner has investigated
• any opinion that the Information Commissioner has formed in relation to
those matters
• any conclusions that the Information Commissioner has reached
• any suggestions that the Information Commissioner believes might improve
the agency’s processes
• any other information of which the Information Commissioner believes the
agency should be aware.
The [agency]’s submissions may be provided to the complainant for their review
and comment or referred to in the Notice on completion.
The outcome of the investigation will be published on the OAIC's website with any
comments that the Department wishes to give under s 86(3) of the FOI Act.
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FOIREQ24/00397 573
Further information about the process in a FOI complaint can be found in Part 11 of
the FOI Guidelines. The OAIC may seek further information once the Department’s
response to this notice is received.
If you would like to discuss this matter, please contact [name] on [phone number] or
email xxxxx@xxxx.xxx.xx. Please quote the reference number above.
Yours sincerely
[name]
Director
Freedom of Information
20 August 2024
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FOIREQ24/00397 575
Summary of investigation results, suggestions and recommendations
6. I have concluded that:
1. [conclusions], and
2. [conclusions]
7. Pursuant to s 87(d) of the FOI Act, I make the following suggestion to the
Agency where I believe that implementation of the suggestion might improve
the processes:
1. [suggestions]
2. [suggestions]
8. Pursuant to s 88 of the FOI Act, I make the following formal recommendations
to the Agency, that I believe the Agency ought to implement
by @ [date] is:
1. [recommendations]
2. [recommendations]
Background
9. The background to this FOI complaint is set out at
Attachment B.
Investigation results
10. Section 87 of the FOI Act provides for my investigation results to set out the
matter that I have investigated and my opinion and conclusions about this
matter. I have considered all the material provided by the Agency and the
complainant in this matter.
The matter for investigation
The matter raised by the complainant
11. [summary of complaint]
Legislation and Guidelines1
1 References to the FOI Act and the FOI Guidelines are to the Act and Guidelines as in force in the period 18 August
2020, when the complainant made her FOI request, to 20 August 2020, when the Agency released the requested
documents. In this case, the material part of the FOI Guidelines is Part 14. The relevant version of that part is 1.6
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FOIREQ24/00397 576
12. [outline relevant legislation and references in the guidelines].
The Agency’s submissions
13. On [date], the OAIC issued a notice to the Agency under s 75 of the FOI Act
advising it of the commencement of an investigation into the FOI complaint
and requested information from the Agency.
14. On [date], the Agency provide a response to the OAIC’s notice and request for
information. Relevantly, the Agency submitted:
[summarise or quote]
My opinions in relation to the matter
15. [insert opinions]
My conclusion in relation to the matter investigated
16. For these reasons, I am of the view that, [eg. at the time of processing the
complainant's request, the Agency has complied with its obligations under s
11C of the FOI Act. However, more generally, I have found that the Agency's
practices regarding the publishing of information on the disclosure log could
be improved.]
My suggestions and recommendations
17. In considering whether to make formal recommendations in relation to my
opinions and conclusions above, I have considered submissions made by the
Agency during the course of this investigation.
18. Pursuant to s 87(d) of the FOI Act, I make the following suggestions to the
Agency where I believe that implementation of the suggestions might improve
the processes:
1. [suggestions]
2. [suggestions]
19. Pursuant to s 88 of the FOI Act, I make the following formal recommendation to
the Agency that I believe the Agency ought to implement by
[date] is:
which was in force from 18 January 2019 to 10 March 2022 (see summary of version changes to s 93A guidelines:
https://www.oaic.gov.au/freedom-of-information/foi-guidelines/summary-of-version-changes-to-s-93a-guidelines).
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1. [recommendations]
2. [recommendations]
20. When considering the suggestions and recommendations made above, the
Agency should consider referring to relevant OAIC FOI resources which can be
found on the OAIC website.
Yours sincerely
[name]
[Assistant Commissioner/Freedom of Information Commissioner/Australian
Information Commissioner]
[date]
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FOIREQ24/00397 580
My conclusions
I have concluded that:
[copy from s 86 notice]
My recommendations
In considering whether to make any investigation recommendations, I have taken
into account all of the information provided by the Agency in relation to its current
FOI processes and resources.
Pursuant to s 88 of the FOI Act, I make the following recommendations to the Agency
that I believe the Agency ought to implement:
a. [copy from s 86 notice]
Next steps
Comments under s 86(3) of the FOI Act
Under s 86(3) of the FOI Act, the Agency may provide any comments about the Notice
on completion that the Agency wishes to make. If the Agency wishes to make any
comments, please do so by XX XXX 2023.
A copy of the Notice with the Agency's comments will be provided to the
complainant pursuant to s 86(4) of the FOI Act. If I do not receive any comment from
the Agency by [date],
I will proceed to provide a copy of the Notice to the
complainant at that time.
I do not consider that this Notice contains matters of the kind mentioned in s 89C(2)
of the FOI Act and I will therefore provide the complainant with a copy of this Notice
pursuant to
s 86(4) of the FOI Act on or after [date].
I propose to publish a summary of this Notice and any comments from the Agency on
the OAIC's website.
If you would like to discuss this matter, please contact [name and position] on (02)
[phone number] or email [email]. Please quote the OAIC reference number above in
any correspondence.
Yours sincerely
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FOIREQ24/00397 581
[name]
[
Freedom of Information Commissioner/Assistant Commissioner, Freedom of
Information Commissioner]
[date]
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FOIREQ24/00397 583
Information Commissioner]
[date]
Enc: Attachment A – s 86 Notice
2
