OFFICIAL
TRIM Ref: D24/26726
Agency Ref: FOI no. 137
Mr Glenn Hamiltonshire
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
BY E-MAIL
Dear Mr Hamiltonshire,
Freedom of Information Request No. 137 – Notice of Decision on Access
I refer to your
Freedom of Information Act 1982 (Cth) (
FOI Act) request of 25 November
2024 to the Murray–Darling Basin Authority (
MDBA).
The Request
On 25 November 2024, the MDBA received your FOI Act request in the fol owing terms:
“
I request access to the Style Guides/Brand Guides/Writing Guides currently used for the
Murray-Darling Basin Authority.”
Fol owing receipt of the above request, I understand the MDBA’s FOI Officer (
FOI Officer)
has been in contact with you to better understand and refine the scope of your request. As a
result, the final scope of your request can be expressed as fol ows:
“
I request access to the Style Guides/Brand Guides/Writing Guides currently used for the
Murray-Darling Basin Authority. This Request excludes:
•
personal information of non-Senior Executive Service (SES) or equivalent staff; and
•
culturally sensitive information.”
(the
Request)
Timing
Under s 15(5)(b) of the FOI Act, the MDBA must have decided on the Request within 30 days
of its receipt.
1
Office locations
Adelaide, Albury-Wodonga, Canberra, Goondiwindi, Griffith, Mildura, Murray Bridge, Toowoomba
mdba.gov.au
1800 230 067
xxxxxxxxxx@xxxx.xxx.xx
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[9073397.001:35545599_1]
OFFICIAL
As the Request was received on 25 November 2024, the date 30 days after the date of the
request is 25 December 2025. Since that date fal s on a public holiday, the Decision Date is
the next business day, which is 26 December 2025.
However, the FOI Act contemplates that this time period can be extended in certain
circumstances. Relevantly in this case, the time period for deciding on the Request was
extended by 30 days by agreement under s 15AA of the FOI Act on 26 November 2024.
As such, the date by which the MDBA is required to decide on the Request is 27 January
2025. However, since that date falls on a public holiday, the MDBA has until the next
working day, 28 January 2025 to decide on the Request.
Authority
I am, pursuant to arrangements authorised by the Chief Executive of the MDBA under s 23 of
the FOI Act, authorised to make a decision in relation to the Request.
Decision I have identified 6 documents which fal within the scope of the Request and have decided
that:
1.
2 documents will be released in full; and
2.
4 documents (Documents 2, 3, 4 and 6) wil be released with out of scope/ irrelevant
information redacted (personal information of non-SES MDBA staff members).
My decision in relation to each document is set out in the Schedule of Documents
(
Attachment A).
I am also pleased to advise that I have decided to waive charges applicable to processing the
Request.
Access to the Documents
The documents are attached.
Statement of reasons
I am required under s 26 of the FOI Act to provide a statement of reasons for my decision.
My general comments and reasons for my decision are set out below.
General comments
Material considered in making the decision
In making my decision in relation to each document I have considered:
2
Office locations
Adelaide, Albury-Wodonga, Canberra, Goondiwindi, Griffith, Mildura, Murray Bridge, Toowoomba
[9073397.001:35545599
_1]mdba.gov.au
1800 230 067
xxxxxxxxxx@xxxx.xxx.xx
OFFICIAL
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• your original request dated 25 November 2024 and your revised request of 3
December 2024;
• the content of the documents that fal within the scope of the Request;
• the FOI Act;
• the
FOI Guidelines issued by the Information Commissioner under s 93A of the FOI
Act (the
Guidelines); and
• relevant case law.
I set out below the detailed reasons for my decision regarding the Request.
Access to documents under the FOI Act
Under s 11A of the FOI Act, the MDBA must give an FOI applicant access to documents which
are the subject of an FOI request except in the circumstances set out in the FOI Act under
Division 2 of Part IV where a document is exempt, conditional y exempt or both.
Reasons for my decision
Deletion of exempt and irrelevant material (section 22)
Section 22 of the FOI Act al ows for information that is exempt or irrelevant to be deleted.
Applying the scope of the Request, as refined fol owing your exchanges with the FOI Officer
(as outlined above), I have decided that of the documents containing information relevant to
the Request,
4 documents (Documents 2, 3, 4 and 6) contain irrelevant personal information
of non-SES MDBA staff members and, on this basis, I have prepared edited copies of those 4
documents with the irrelevant information deleted in accordance with s 22 of the FOI Act.
Australian Government Style Manual
You may notice that there are several references to the Australian Government Style Manual
in the documents being released to you. We have not provided this as it is not a MDBA
document, however, you can find the Manual
here.
Summary
In summary, my decision is to:
1. release
2 documents in full; and
2. release
4 documents (Documents 2, 3, 4 and 6) with out of scope/ irrelevant
information redacted (personal information of non-SES MDBA staff members).
3
Office locations
Adelaide, Albury-Wodonga, Canberra, Goondiwindi, Griffith, Mildura, Murray Bridge, Toowoomba
[9073397.001:35545599
_1]mdba.gov.au
1800 230 067
xxxxxxxxxx@xxxx.xxx.xx
OFFICIAL
OFFICIAL
Review Rights
Under the FOI Act there are two ways to seek a review of my decision:
1. an internal review that is conducted by the MDBA, or
2. a review by the Australian Information Commissioner.
You can find further information about both of these avenues of review at:
1. internal review by the MDBA at:
https://www.oaic.gov.au/freedom-of-
information/foi-guidelines/part-9-internal-agency-review-of-decisions/; and
2. review by the Australian Information Commissioner at:
https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-10-review-by-
the-information-commissioner/.
I note that the option to seek an internal review does not prevent you from seeking a review
by the Australian Information Commissioner at a later stage as the Australian Information
Commissioner can also review an internal review decision. No fees apply for either of these
review requests.
Kind Regards,
Katrina Tonkin
Chief Operating Officer
24 January 2025
Attachment A: Applicant Document Schedule
4
Office locations
Adelaide, Albury-Wodonga, Canberra, Goondiwindi, Griffith, Mildura, Murray Bridge, Toowoomba
[9073397.001:35545599
_1]mdba.gov.au
1800 230 067
xxxxxxxxxx@xxxx.xxx.xx
OFFICIAL
Document Outline