24 January 2025
R
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear R,
Freedom of Information Request – WA28112024
I refer to your request in accordance with the
Freedom of Information Act 1982
(Cth)
(
FOI Act) of 28 November 2024 for “a list of company names of al wine
producers in Australia” (
FOI Request).
This letter sets out my decision in relation to your FOI Request. I am an authorised
decision-maker under section 23 of the FOI Act.
I sent you the following correspondence in chronological order during the
processing period of your FOI Request:
• on 29 November 2024, I acknowledged receipt of your FOI Request and
confirmed its scope;
• on 17 December 2024, I advised that we considered your FOI Request to
be more closely connected with the functions of the Department of
Agriculture, Fisheries and Forestry (
Department);
• on 23 December 2024, I advised you that we had applied to the Office of
the Australian Information Commissioner (
OAIC) for an extension of the
processing period for dealing with your FOI Request (
OAIC Extension
Application). On 23 December 2024, I separately sought your consent to
extend the original deadline;
• on 24 December 2024, I provided you with the OAIC’s response in relation
to the OAIC Extension Application which extended the deadline for
responding to the FOI Request until 29 January 2025.
Aside from our receipt of the FOI Request, at no time did I receive any
correspondence or response from you.
Decision
In reaching my decision, I referred to the following:
• the terms of the FOI Request;
• documents relevant to the FOI Request;
• the FOI Act;
• guidelines published by the OAIC Guidelines under section 93A of the FOI
Act; and
• consultation responses from third parties consulted in accordance with
section 27 of the FOI Act.
As set out at
Annexure A, I have identified documents that fall within the scope of
the FOI Request. My decision in relation to each of the documents is summarised
in the table contained in
Annexure A.
As explained in further detail below,
of the documents/part documents to which
access has not been granted, such decision has been reached on the grounds that
the documents/part documents are either:
• exempt because disclosure under this Act would disclose information having a
commercial value that would be, or could reasonably be expected to be,
destroyed or diminished if the information were disclosed (section 47 of the
FOI Act); and/or
• conditionally exempt because disclosure under would disclose information
concerning a person in respect of his or her business or professional affairs or
concerning the business, commercial or financial affairs of an organisation or
undertaking, in a case in which the disclosure of the information would, or
could reasonably be expected to, unreasonably affect that person adversely in
respect of his or her lawful business or professional affairs or that organisation
or undertaking in respect of its lawful business, commercial or financial affairs
(section 47G of the FOI Act).
Reasons for Decision
The documents identified in Annexure A can be broadly categorised into the
following categories:
• documents numbered 1–4 are databases of Australian wine producers
from 2018 and 2020 (collectively the
Databases); and
• documents numbered 5–7 are printed versions of the Databases,
manipulated to form a printed directory for the years 2021, 2023 and 2024
(collectively the
Directories).
Section 47 Exemption – commercially valuable information
I am of the view that all documents (documents numbered 1–7 in Annexure A)
contain commercially valuable information.
Under section 47 of the FOI Act, a document is an exempt document if its release
would disclose information having a commercial value that would be, or could
reasonably be expected to be, destroyed or diminished if the information were
disclosed:
(1) A document is an exempt document if its disclosure under this Act
would disclose:
link to page 3
…
(b) any other information having a commercial value that would be, or
could reasonably be expected to be, destroyed or diminished if the
information were disclosed.
The FOI Guidelines provide it is a question of fact whether information has
commercial value and whether disclosure would destroy or diminish that value. The
commercial value may relate, for example, to the profitability or viability of a
continuing business operation or commercial activity in which an agency or person
is involved. The information need not necessarily have ‘exchange value’, in the
sense that it can be sold as a trade secret or intellectual property. The FOI
Guidelines also provide a list of factors that may assist in deciding whether
information has commercial value. I have taken these into account in reaching my
decision.
Wine Australia obtained the Databases and Directories (documents numbered 1–
7) from Ryan Media Pty Ltd (ABN 85 085 551 980) trading as Winetitles Media
(
Winetitles).
In accordance with section 27 of the FOI Act, Wine Australia consulted with
Winetitles. I am persuaded by Winetitles’ argument that ‘public disclosure of the
[Databases and Directories] would undermine [their] ability to maintain and sell the
data [they] collate and manage. This would compromise [their] business operations
and [their] capacity to invest in the ongoing maintenance and development of the
[Databases and Directories]’.
The FOI Request is in relation to a list of company names of all wine producers in
Australia. The Directories, which (as above) are available to the general public for
purchasing, includes an alphabetical list of Australian wine producers in addition to
a directory of Australian wine producers.
I understand from Winetitles that the Directories are available to the general public
for purchasing
.1
I therefore consider that the Databases and Directories contain commercially
valuable information, the nature of which would be, or could reasonably be
expected to be, destroyed or diminished if the information were disclosed.
Accordingly, I am satisfied that all of the documents identified in Annexure A
(documents numbered 1–7) are exempt under section 47(1)(b) of the FOI Act.
1 As a result of consultation with Winetitles. See further
https://winetitles.com.au/industry-directory/.
Section 47G Public Interest Conditional Exemption
Section 47G of the FOI Act conditionally exempts documents containing business
information where disclosure of that information would, or could reasonably be
expected to, unreasonably affect the organisation adversely in respect of its lawful
business, commercial or financial affairs.
I have also considered that documents numbered 1–4 contain information
concerning the business, commercial or financial affairs of numerous third party
organisation. For example, the Databases include information concerning
personnel, the amount of grapes crushed, target export markets, the number of
cases produced, distributors, vineyard area and location of numerous third party
organisations.
Most of the information contained within documents numbered 1–4 is not otherwise
in the public domain and is not available from publicly accessible sources such as
the third party organisations’ website.
I am therefore satisfied that the disclosure of the information would, or could
reasonably be expected to, unreasonably affect those third party organisations in
respect of its lawful business, commercial or financial affairs.
Documents numbered 1–4 identified contain business information and if the
documents were disclosed there would be an unreasonable adverse effect on the
business, commercial or financial affairs of the third party organisations.
As a conditional exemption, section 47G of the FOI Act provides that documents
containing business information may only be released where the balance of public
interest is in favour of release. In making this determination, I have considered the
balance between the public interest in the disclosure of the information and the
private interest in the protection of the business information of numerous third party
organisation. The information identified is business information and provides no
explanation of government decision-making or practices.
I consider that the balance of public interest is against release and documents
identified in Annexure A and numbered 1–4 are therefore exempt under subsection
47G of the FOI Act.
Your review rights
If you are dissatisfied with my decision, you may apply for an internal review, or for
a review by the Information Commissioner as set out below.
Internal review
Under section 54 of the FOI Act, you may apply in writing to Wine Australia for an
internal review of my decision. The internal review application must be made within
30 days of the date of this letter. Where possible, please attach reasons why you
believe review of the decision is necessary. The internal review will be carried out
by another officer within 30 days.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information
Commissioner to review my decision. An application for review by the Information
Commissioner must be made in writing within 60 days of the date of this letter, and
be lodged in one of the following ways:
• online:
oaic.gov.au
• email:
xxxxx@xxxx.xxx.xx
• post:
GPO Box 5218 Sydney 2001
More information about the Information Commissioner review is available on the
OAIC website.
FOI Complaints
If you are unhappy with the way we have handled your FOI Request or wish to
discuss the decision with me, please do not hesitate to contact me.
Yours sincerely,
Ned Hewitson
Authorised Decision Maker under the FOI Act
Wine Australia
xxx.xxxxxxxx@xxxxxxxxxxxxx.xxx
0499 742 851
Encl. Annexure A (as above).
Annexure A
Document
Date
Description
Decision on access
Exemption
no.
1.
1 June
Winetitles Wine Industry database 2020 –
Access is refused on the basis of
• FOI Act Section 47(1)(b) exemption
2021
Australian Wine Producers – curated list for
one or more specific exemptions
applies to the entire document
Anita
and / or conditional exemptions
•
FOI Act Section 47G(1)(a) public
interest conditional exemptions -
business
2.
9 July
Winetitles Wine Industry database 2020 -
Access is refused on the basis of
• FOI Act Section 47(1)(b) exemption
2020
Australian Wine Producers
one or more specific exemptions
applies to the entire document
and / or conditional exemptions
• FOI Act Section 47G(1)(a) public
interest conditional exemptions -
business
3.
1 June
Winetitles Wine Industry database 2020 –
Access is refused on the basis of
• FOI Act Section 47(1)(b) exemption
2021
Australian Wine Producers
one or more specific exemptions
applies to the entire document
and / or conditional exemptions
• FOI Act Section 47G(1)(a) public
interest conditional exemptions -
business
4.
26 July
Winetitles Wine Industry database table –
Access is refused on the basis of
• FOI Act Section 47(1)(b) exemption
2018
Wine Producers and Vineyard area
one or more specific exemptions
applies to the entire document
and / or conditional exemptions
• FOI Act Section 47G(1)(a) public
interest conditional exemptions -
business
5.
2021
Winetitles Media 39th Annual Edition The
Access is refused on the basis of
FOI Act Section 47(1)(b) exemption
Australian and New Zealand Wine Industry
one or more specific exemptions
applies to the entire document
Directory 2021
6.
2023
Winetitles Media 41st Annual Edition The
Access is refused on the basis of
FOI Act Section 47(1)(b) exemption
Australian and New Zealand Wine Industry
one or more specific exemptions
applies to the entire document
Directory 2023
7.
2024
Winetitles Media 42nd Annual Edition The
Access is refused on the basis of
FOI Act Section 47(1)(b) exemption
Australian and New Zealand Wine Industry
one or more specific exemptions
applies to the entire document
Directory 2024
