Our Ref LEX 1305
Jenny Bree
By email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Bree
Your Freedom of Information request - decision
I refer to your request, received by the Department of Employment and Workplace Relations
(department) on 4 December 2024, and revised on 22 January 2025, for access under the
Freedom of Information Act 1982 (FOI Act) to the fol owing documents:
“1. a full copy of document 17 of LEX 1114 (that appears on the Department's
Disclosure Log) including its attachment entitled 'working draft principles and short-
term options’
2. all notes taken from the meeting (at 2pm on 23 November 2023) to discuss draft
principles and short-term options (that is referred to in document 17) and
3. documents 18 to 39 of LEX 1114”.
My decision
The department holds 23 documents (totalling 44 pages) that fall within the scope of parts 1
and 3 of your revised request.
I have decided to:
• grant you
access in full to 3 documents (documents 13 – 15)
• grant you
access in part to 15 documents (documents 1 – 12 and 21 – 23) on the
basis that they contain deliberative material, operational material and/or personal
information, and
GPO Box 9880, Canberra ACT 2601 | Phone 1300 488 064 | www.dewr.gov.au | ABN 96 584 957 427
•
refuse access to 5 documents (documents 16 – 20) on the basis that they contain
deliberative material.
A schedule of the documents and the reasons for my decision are set out at
Attachment A.
I have decided to refuse part 2 of your request pursuant to section 24A of the FOI Act. This is
because I am informed that al reasonable steps have been taken by relevant departmental
officers within the relevant line areas to find ‘notes taken from the meeting (at 2pm on 23
November 2023) to discuss draft principles and short-term options (that is referred to in
document 17)’
and I am satisfied, based on consultations with relevant departmental
officers, that those documents do not exist.
How we wil send your documents
The documents being released are attached to my email to you.
You can ask for a review of my decision
If you disagree with any part of the decision, you can ask for a review. There are 2 ways you
can do this. You can ask for an internal review by the department or an external review by
the Australian Information Commissioner.
You can find information about your rights of review under the FOI Act, as well as
information about how to make a complaint at
Attachment B.
Further assistance
An extract of relevant legislation is available at
Attachment C.
If you have any questions, please email xxx@xxxx.xxx.xx.
Yours sincerely
MB
Marcus
Authorised decision maker
Department of Employment and Workplace Relations
10 February 2025
Attachment A
SCHEDULE OF DOCUMENTS – JENNY BREE – LEX 1305
Number
Pages
Date
Description
Decision
Exemptions and Comments
1.
1
23/11/2023 Departmental email to Minister
Grant access in
Operations of agencies material deleted
Burke's Office – subject: Working
part
under section 47E(d) of the FOI Act.
draft - principles and short term
options for discussion at 2pm
Personal information deleted under
section 47F(1) of the FOI Act.
(
Please be aware that documents 1 – 23
correspond to documents 17 – 39 in LEX
1114 on the department’s disclosure log
in exactly the same order)
2.
2 – 4
Undated
Attachment to document 1: Outline Grant access in
Operations of agencies material deleted
of options
part
under section 47E(d) of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
3.
5
08/02/2024 Departmental email to Minister
Grant access in
Operations of agencies material deleted
Burke's Office – subject: Regarding
part
under section 47E(d) of the FOI Act.
mutual obligations
Personal information deleted under
section 47F(1) of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
4.
6
Undated
Flowchart: Regarding payment
Grant access in
Deliberative material deleted under
suspensions
part
section 47C(1) of the FOI Act.
5.
7
Undated
Flowchart: Regarding payment
Grant access in
Deliberative material deleted under
suspensions
part
section 47C(1) of the FOI Act.
6.
8 – 13
Undated
Briefing document: Mutual
Grant access in
Operations of agencies material deleted
obligations and compliance options part
under section 47E(d) of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
7.
14
25/02/2024 Departmental email to Minister
Grant access in
Operations of agencies material deleted
Burke's Office: Regarding NPP
part
under section 47E(d) of the FOI Act.
Personal information deleted under
section 47F(1) of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
8.
15 – 16
Undated
Briefing document: Background
Grant access in
Operations of agencies material deleted
information
part
under section 47E(d) of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
9.
17
Undated
Briefing document: Mutual
Grant access in
Operations of agencies material deleted
Obligations policy options
part
under section 47E(d) of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
10.
18
25/02/2024 Departmental email to Minister
Grant access in
Operations of agencies material deleted
Burke's Office: Regarding provider
part
under section 47E(d) of the FOI Act.
appointments
Personal information deleted under
section 47F(1) of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
11.
19 – 26
Undated
Attachment to document 10:
Grant access in
Operations of agencies material deleted
Options for reducing clash of work
part
under section 47E(d) of the FOI Act.
and appointments
Deliberative material deleted under
section 47C(1) of the FOI Act.
12.
27 – 31
Undated
Briefing document: Options for
Grant access in
Operations of agencies material deleted
reducing clash of work and
part
under section 47E(d) of the FOI Act.
appointments
Deliberative material deleted under
section 47C(1) of the FOI Act.
13.
32
Undated
Flowchart: what happens if a person Grant access in
N/A
fails to meet a mutual obligation
full
14.
33
Undated
Flowchart: what happens if a person Grant access in
N/A
fails to meet a mutual obligation
full
15.
34
Undated
Flowchart: what happens if a person Grant access in
N/A
fails to meet a mutual obligation
full
16.
35
Undated
Briefing document: Regarding
Refuse access
Deliberative material deleted under
mutual obligations
section 47C(1) of the FOI Act.
17.
36
Undated
Briefing document: Regarding
Refuse access
Deliberative material deleted under
mutual obligations
section 47C(1) of the FOI Act.
18.
37
Undated
Briefing document: Future Targeted Refuse access
Deliberative material deleted under
Compliance Framework flowchart
section 47C(1) of the FOI Act.
19.
38
Undated
Briefing document: Regarding
Refuse access
Deliberative material deleted under
penalties
section 47C(1) of the FOI Act.
20.
39
Undated
Briefing document: Regarding
Refuse access
Deliberative material deleted under
mutual obligations
section 47C(1) of the FOI Act.
21.
40
05/03/2024 Departmental email to Minister
Grant access in
Operations of agencies material deleted
Burke's Office: Regarding penalties
part
under section 47E(d) of the FOI Act.
Personal information deleted under
section 47F(1) of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
22.
41 – 42
28/02/2024 Departmental email to Minister
Grant access in
Operations of agencies material deleted
Burke's Office: Regarding NPP
part
under section 47E(d) of the FOI Act.
Personal information deleted under
section 47F(1) of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
23.
43 – 44
17/10/2023 Departmental email to Minister
Grant access in
Operations of agencies material deleted
Burke's Office: Regarding mutual
part
under section 47E(d) of the FOI Act.
obligations
Personal information deleted under
section 47F(1) of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
REASONS FOR DECISION
What you requested
1. On 4 December 2024, the department received your request, seeking access to:
“… a full unredacted copy of Document 17 of LEX 1114 that appears on the Department's
disclosure Log including the attachments [and]
… all briefings, emails and other
communications between your Department and the Minister between 20 November
2023 to 30 April 2024 relating to draft principles, short term options and possible future
directions around mutual obligations and compliance.”
2. On 13 December 2024, the department informed you that it would treat the following as
falling outside of scope of your request, unless you told us otherwise:
• duplicates
• drafts where there is a final version available
• email chains other than the final versions of the chains
• documents that are publicly available.
3. Also in that same correspondence, the department informally notified you that the work
involved in processing your request in its original form was likely to substantially and
unreasonably divert the resources of the department from its other operations due to the
large number of sensitive documents that appear to be relevant.
4. Additionally, in that same correspondence, the department sought your agreement to a 30
day extension of time to process your request, pursuant to section 15AA of the FOI Act.
5. On 17 December 2024, the department received your revised request seeking access to:
“all briefings and emails between the Department of Employment and Workplace Relations
and the Minister of Employment and Workplace Relations from 31 January 2024 to 30 April
2024 relating to draft principles, short term options and possible future directions of changes
to mutual obligations and compliance policy settings.”
6. In that same correspondence, you informed the department that you agreed to treat the
following as falling outside of the scope of your revised request:
• duplicates
• drafts where there is a final version available
• email chains other than the final versions of the chains.
7. Also in that same correspondence, you confirmed your agreement to a 30 day extension of
time.
GPO Box 9880, Canberra ACT 2601 | Phone 1300 488 064 | www.dewr.gov.au | ABN 96 584 957 427
Request consultation process
8. On 16 January 2025, the department sent you a consultation notice under section 24AB of the
FOI Act. The department notified you that 948 pages were relevant to your revised request
and that it would take approximately 120 hours to process your revised request.
9. On 22 January 2025, you further revised your request as follows:
“my original request … for document 17 of LEX 1144 [including]
its attachment entitled
'working draft principles and short term options …
… al notes taken from the meeting [at 2pm on 23 November 2023]
to discuss drat (sic)
principles and short term options that is referred to in document 17 …
[and]
documents 18 to 39 of LEX 1114 …”
10. On 24 January 2025 the department informed you that it had interpreted your further revised
request to be seeking access under the FOI Act to:
“1. a full copy of document 17 of LEX 1114 (that appears on the Department's disclosure Log)
including its attachment entitled 'working draft principles and short-term options’
2. all notes taken from the meeting (at 2pm on 23 November 2023) to discuss draft
principles and short-term options (that is referred to in document 17) and
3. documents 18 to 39 of LEX 1114”.
11. In that same correspondence, the department informed you that the 6-day consultation
period (from 16 January 2025 to 22 January 2025) during which the department worked with
you to resolve the practical refusal reason is disregarded for the purposes of calculating the
statutory period for processing your request (as per section 24AB(8) of the FOI Act).
12. Also in that same correspondence, the department requested your agreement to treat the
fol owing as irrelevant to the scope of the request under section 22 of the FOI Act:
• the names, signatures, identification numbers and direct contact details of
Commonwealth staff and Ministerial Office staff
• internal group emails of Commonwealth agencies and Minister’s Offices
• security classifications (dissemination limiting markers) that are no longer applicable
or potentially misleading.
13. As you did not confirm that you agreed to have this information excluded from the
scope of your further revised request, I have considered the above information to fall
within the scope of your further revised request.
What I took into account
14. In reaching my decision, I took into account:
• your original request dated 4 December 2024
• your revised request dated 17 December 2024
• your further revised request dated 22 January 2025
• other discussions and correspondence with you
• the documents that fall within the scope of your request
• consultation with other Commonwealth Government agencies and the Office of
Minister Burke about documents which contain information concerning them
• consultations with departmental officers about the nature of the documents and the
operating environment and functions of the department
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (FOI Guidelines)
• the FOI Act.
Reasons for my decision
15. I am authorised to make decisions under section 23(1) of the FOI Act.
16. I have decided to:
• grant you access in
full to 3 documents (documents 13 – 15)
• grant you access in
part to 15 documents (documents 1 – 12 and 21 – 23) on the
basis that they contain irrelevant material and/or personal information, and
•
refuse access to 5 documents (documents 16 – 20) on the basis that they contain
deliberative material.
17. My findings of fact and reasons for deciding that exemptions apply to those documents
are discussed below.
Section 47C of the FOI Act: deliberative processes
18. I have applied the conditional exemption in section 47C of the FOI Act to all, or parts of,
documents 2 – 12 and 16 – 23.
19. Section 47C(1) of the FOI Act conditional y exempts documents containing deliberative
matter. Deliberative matter is content that is in the nature of, or relating to, either:
• an opinion, advice or recommendation that has been obtained, prepared or
recorded, or
• a consultation or deliberation that has taken place, in the course of, or for the
purposes of, the deliberative processes of the government, an agency, or minister.
20. The FOI Guidelines provide at paragraph 6.54 that ‘…
a deliberative process involves the
exercise of judgement in developing and making a selection from different options:
The action of deliberating, in common understanding, involves the weighing up or
evaluation of the competing arguments or considerations that may have a bearing
upon one's course of action. In short, the deliberative processes involved in the
functions of an agency are its thinking processes – the processes of reflection, for
example, upon the wisdom and expediency of a proposal, a particular decision or a
course of action.’
21. Paragraphs 6.55 and 6.56 of the FOI Guidelines further provides that a deliberative
process must relate, relevantly, to the functions of an agency, such as functions under
the instrument or Act that establish an agency.
22. I have reviewed the relevant parts of the aforementioned documents and have
consulted with the relevant line area within the department, the Employment Strategy
and Policy Division about the documents. I am satisfied that the relevant parts of these
documents are opinions and recommendations that were created for the purpose of
assisting the department, and the Office of Minister Burke (in the Ministers previous role
as Minister for Employment and Workplace relations), in their consultations and
deliberations regarding reform options for the mutual obligation system.
23. In my view, it is an integral function of the department to advise the government on
participation and compliance policies for participation payment recipients, which
includes providing policy advice on the mutual obligation system.
24. I consider that the exceptions in sections 47C(2) and 47C(3) of the FOI Act do not apply,
as any purely factual information contained within the relevant parts of the documents
is intertwined with, or forms an integral part of, the deliberative content.
25. Accordingly, I have decided that the conditional exemption under section 47C(1) of the
FOI Act applies to relevant parts of the aforementioned documents. As I have found the
relevant material is conditionally exempt, I am required to consider whether it would be
contrary to the public interest to grant access to the conditionally exempt material at
this time.
Public interest
26. Section 11A(5) of the FOI Act provides:
The agency or Minister must give the person access to the document if it is
conditionally exempt at a particular time unless (in the circumstances) access to the
document at that time would, on balance, be contrary to the public interest.
27. When weighing the public interest for and against disclosure under section 11A(5) of the
FOI Act, I have taken into account relevant factors in favour of disclosure. In particular, I
have considered the extent to which disclosure would:
• promote the objects of the FOI Act
• inform debate on a matter of public importance, being the government’s
consideration of reform options for the mutual obligation system, and
• enhance scrutiny on government decision-making.
28. I have also considered the relevant factors weighing against disclosure, indicating that
access would be contrary to the public interest. In particular, I have considered the
following factors:
• the disclosure of internal, deliberative considerations regarding the benefits and
drawbacks associated with the adoption of policy options for the reform of the
mutual obligation system would adversely affect the department’s ability to provide
the government with frank and candid advice on the mutual obligation system in the
future
• the dissemination of deliberative material about alternative or supplementary policy
options, which is intertwined with material about early versions of the mutual
obligation system reforms which have been subsequently announced, could
negatively impact the government’s ongoing, or future, consideration of those
options
• the premature release of material about policy proposals that the Government may
still be considering could reasonably be expected to adversely affect the
department’s ability to provide advice to the Government on the pros and cons of
those policy proposal
• that the divulgence of particular material, which is intertwined with, or forms an
integral part of, advice or opinions about the mutual obligation system, could
potentially be used to circumvent mutual obligation requirements in a manner
which could reduce the effectiveness and efficiency of the mutual obligation system
as a whole
• the public interest in maintaining the integrity of the mutual obligation system, and
• that the release of some parts of the deliberative material could potentially reveal
the substance of matters considered, or to be considered, by Cabinet.
29. In balancing the factors for and against disclosure of the above information, I consider
that the factors against disclosure outweigh those in favour of disclosure at this time.
30. I have not taken into account any of the irrelevant factors set out in section 11B(4) of the
FOI Act in making this decision.
31. I am therefore satisfied that all, or parts, of the aforementioned documents are
conditionally exempt from release under section 47C(1) the FOI Act.
Section 47E of the FOI Act: certain operations of agencies
32. I have applied the conditional exemption in section 47E(d) of the FOI Act to parts of
documents 1 – 3, 6 – 12, and 21 - 23.
33. Section 47E of the FOI Act provides that:
A document is conditionally exempt if its disclosure under this Act would, or could
reasonably be expected to, do any of the fol owing:
…
(d) have a substantial adverse effect on the proper and efficient conduct of the
operations of an agency.
34. A subset of the aforementioned documents contains departmental and ministerial
internal email addresses which are not publicly available. The department and the Office
of Minister Burke provide and administer services to a significant number of members of
the public. The department and the Office of Minister Burke also receive a significant
volume of correspondence from members of the public each day.
35. To ensure the department and the Office of Minister Burke can respond to and manage
correspondence with the public effectively, it has established designated contact points
for members of the public to use when communicating with the department or the
Office of Minister Burke. These established channels are monitored to ensure quality of
service, and that the department and the Office of Minister Burke are able to respond to
increased demand in a particular service as required.
36. Noting that the FOI Act does not control or restrict any subsequent use or dissemination
of information released under the FOI Act, in my view, disclosure of those internal email
addresses could reasonably be expected to result in additional or misdirected
communications with those email addresses. This would result in correspondence being
mishandled, misdirected, lost, duplicated or double-handled on account of it not being
directed to the most appropriate teams through the established channels of
communication.
37. Moreover, with the view of attempting to obtain a faster or preferential service,
members of the public may contact specific internal email addresses rather than
directing their query to the dedicated channel for contacting the department. This
practice would unfairly prejudice other members of the public who use the appropriate
channels.
38. I consider that disclosure would have a substantial adverse effect on the proper and
efficient conduct of the operations of the department within the meaning of section
47E(d) of the FOI Act, as I am satisfied disclosure would impede the department’s ability
to direct and respond to incoming correspondence. I have considered the public interest
test below.
39. The aforementioned documents also contain dissemination limiting markers, which are
not publicly available. These markers are designed for internal use by the agency to
indicate the level of information security required for a particular document or
communication. Over time these markers may become less relevant or incorrect as
information increases or decreases in sensitivity.
40. As discussed above, the FOI Act does not control or restrict any subsequent use or
dissemination of information released under the FOI Act. Release of department
documents with incorrect or out of date markers interfere with the ability of the
department to operate its information management procedures.
41. Accordingly, I consider that the relevant parts of documents 1 – 3, 6 – 12, and 21 – 23
are conditional y exempt under section 47E(d) of the FOI Act.
42. I have discussed the public interest considerations below.
Public Interest
43. When weighing the public interest factors for and against disclosure under subsection
11A(5) of the FOI Act, I have taken into account relevant factors in favour of disclosure.
In particular, I have considered the extent to which disclosure would promote the
objects of the FOI Act, increase scrutiny of the Government’s activities and inform public
debate on a matter of public importance.
44. I have considered the factors that weigh against disclosure by considering the extent to
which disclosure could reasonably be expected to harm the interests of an individual or
a group of individuals.
45. As discussed above, I consider that disclosure of this material could reasonably be
expected to result in harm to the interests of individuals who receive services from the
department or the Office of Minister Burke, and the broader public, given the adverse
operational impact of disclosure which could be reasonably expected.
46. In assessing the factors for and against disclosure of the relevant information, I consider
that the factors against disclosure outweigh those in favour of disclosure at this time. I
have not taken into account any of the irrelevant factors pursuant to subsection 11B(4)
of the FOI Act in making this decision.
47. Accordingly, I am satisfied that parts of documents 1 – 3, 6 – 12, and 21 – 23 are
conditionally exempt from release under section 47E(d) of the FOI Act.
Section 47F of the FOI Act: personal privacy
48. I have applied the conditional exemption in subsection 47F(1) of the FOI Act to
documents 1, 3, 7, 10, and 21 – 23.
49. Section 47F(1) of the FOI Act relevantly provides that a document is conditional y
exempt if disclosure would involve the unreasonable disclosure of personal information
about any person (including a deceased person). In determining whether disclosure
involves the ‘unreasonable disclosure of personal information’, I must have regard to the
matters under section 47F(2).
50. I am satisfied the document contains ‘personal information’ noting ‘personal
information’ under the FOI Act has the same meaning as in the
Privacy Act 1988. This is
because the document contains the names and direct contact details of identified
individuals and individuals who are reasonably identifiable.
51. In addition to the factors specified in section 47F(2) of the FOI Act, paragraph 6.133 of
the FOI Guidelines provides:
The personal privacy conditional exemption is designed to prevent the unreasonable
invasion of third parties’ privacy. The test of ‘unreasonableness’ implies a need to
balance the public interest in disclosure of government-held information and the
private interest in the privacy of individuals.
52. I am satisfied that the disclosure of the personal information would be unreasonable for
the following reasons:
• the information is not wel known
• the individuals to whom the information relates are not known to be (or to have
been) associated with the matters dealt with in the document
• the information is not available from publicly accessible sources
• the FOI Act does not control or restrict any subsequent use or dissemination of
information released under the FOI Act
• the individuals concerned have not consented to the release of their personal
information.
53. On this basis, I have decided that parts of the aforementioned documents contain
personal information which is conditionally exempt under section 47F(1) of the FOI Act.
54. I have discussed the public interest considerations below.
Public interest
55. When weighing the public interest for and against disclosure under subsection 11A(5) of
the FOI Act, I have taken into account relevant factors in favour of disclosure. In
particular, I have considered that the disclosure would, to an extent, promote the
objects of the FOI Act.
56. I have also considered the relevant factors weighing against disclosure, indicating that
access would be contrary to the public interest. In particular, I have considered the
prejudice to the right of an individual to privacy.
57. Based on these factors, I have decided that, in this instance, the public interest in
disclosing the information in the abovementioned documents is outweighed by the
public interest against disclosure. I have not taken into account any of the irrelevant
factors set out in subsection 11B(4) of the FOI Act in making this decision.
58. For the reasons set out above, I am satisfied that parts of documents 1, 3, 7, 10, and 21 –
23 are conditionally exempt under section 47F(1) of the FOI Act.
Section 24A(1) of the FOI Act: documents do not exist
59. I have decided to refuse the following part of your request pursuant to section 24A of
the FOI Act:
“2. all notes taken from the meeting (at 2pm on 23 November 2023) to discuss draft
principles and short-term options (that is referred to in document 17) …”
60. Under section 24A(1) of the FOI Act, the department may refuse a request for access if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
…
(i) does not exist.
61. This is because I am informed that al reasonable steps have been taken by relevant
departmental officers within the relevant line areas to find documents falling within the
scope of your request and I am satisfied, based on those consultations, that those
documents do not exist.
62. I have consulted with officers from the relevant line area within the department, the
Employment Strategy and Policy Division. They have informed me that the departmental
officers who attended this meeting, that are stil employed by the department, have
searched for relevant documents in the places where such records would ordinarily be
stored including: in their personal and shared email inboxes, records management
systems, SharePoint, the intranet, shared computer drives, as well as physical folders,
diaries, and notebooks, and they have not been able to locate copies of any notes taken
from the relevant meeting.
63. I also understand that departmental officers from the department’s IT Forensics Team
undertook extensive searches of the department’s digital systems and did not discover
any notes from the relevant meeting.
64. Based on the above, I am satisfied that reasonable searches have been conducted to find
documents relevant to your request and that notes taken from the meeting (at 2pm on
23 November 2023) to discuss draft principles and short-term options are not on the
department’s systems and they do not exist.
65. As such, I have decided to refuse access under section 24A(1)(b)(i ) of the FOI Act.
Conclusion
66. In summary, I am satisfied that the documents, or parts of documents, as set out in the
Schedule of Documents, contain irrelevant material, or are otherwise conditional y
exempt under sections 47C, 47E(d) and/or 47F of the FOI Act.
67. Furthermore, with respect to material which is conditionally exempt under sections 47C,
47E(d) and/or 47F of the FOI Act, I have decided that access would, on balance, be
contrary to the public interest. Accordingly, I have decided not to release parts of certain
documents to you.
68. I have deleted the exempt material from the documents and have released the
remaining material to you in accordance with section 22 of the FOI Act.
Attachment B
YOUR RIGHTS OF REVIEW
Asking for an explanation of an FOI decision
Before you ask for a formal review of an FOI decision, you can contact us and we will explain
the decision to you.
Asking for a formal review of an FOI decision
If you still believe the decision is incorrect, the FOI Act gives you the right to apply for a
review of the decision. Under sections 54 and 54L of the FOI Act, you can apply for a review
of an FOI decision by:
• an internal review officer in the department and/or
• the Australian Information Commissioner.
Applying for an internal review by an internal review officer
If you apply for internal review, a different decision maker to the one who made the original
decision will review your request. The internal review decision maker will consider all
aspects of the original decision afresh and decide whether the decision should change.
An application for internal review must be made in writing within 30 days of receiving this
letter. You can lodge your application by either:
Post:
Information Law Team
Legal and Assurance Division
Department of Employment and Workplace Relations
Location Code: C50MA1
GPO BOX 9880
CANBERRA ACT 2601
or
Email:
xxx@xxxx.xxx.xx
Applying for external review by the Australian Information Commissioner
If you do not agree with this decision, you can ask the Australian Information Commissioner
to review the decision.
You have 60 days to apply in writing for a review by the Australian Information
Commissioner
You can lodge your application in one of the following ways:
Online:
https://webform.oaic.gov.au/prod?entitytype=ICReview&layoutcode=ICReviewWF
Email:
xxxxx@xxxx.xxx.xx
Post:
Australian Information Commissioner
GPO Box 5288
SYDNEY NSW 2001
Complaints to the Australian Information Commissioner
Australian Information Commissioner
You may complain to the Australian Information Commissioner about action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act.
A complaint to the Australian Information Commissioner must be made in writing and can be
lodged in one of the following ways:
Online:
https://webform.oaic.gov.au/prod?entitytype=Complaint&layoutcode=FOIComplaintWF
Email:
xxxxx@xxxx.xxx.xx
Post:
Australian Information Commissioner
GPO Box 5288
SYDNEY NSW 2001
Attachment C
RELEVANT LEGISLATION
22 Access to edited copies with exempt or irrelevant matter deleted
Scope
(1) This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(ii) that to give access to a document would disclose information that would
reasonably be regarded as irrelevant to the request for access; and
(b) it is possible for the agency or Minister to prepare a copy (an
edited copy) of
the document, modified by deletions, ensuring that:
(i) access to the edited copy would be required to be given under
section 11A (access to documents on request); and
(ii) the edited copy would not disclose any information that would
reasonably be regarded as irrelevant to the request; and
(c) it is reasonably practicable for the agency or Minister to prepare the edited
copy, having regard to:
(i) the nature and extent of the modification; and
(ii) the resources available to modify the document; and
(d) it is not apparent (from the request or from consultation with the applicant)
that the applicant would decline access to the edited copy.
24A Requests may be refused if documents cannot be found, do not exist or have not been
received
Document lost or non-existent
(1) An agency or Minister may refuse a request for access to a document if:
(a) al 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.
47C Public interest conditional exemptions—deliberative processes
General rule
(1) A document is conditionally exempt if its disclosure under this Act would
disclose matter (
deliberative matter) in the nature of, or relating to,
opinion, advice or recommendation obtained, prepared or recorded, or
consultation or deliberation that has taken place, in the course of, or for
the purposes of, the deliberative processes involved in the functions of:
(a) an agency; or
(b) a Minister; or
(c) the Government of the Commonwealth.
Exceptions
(2) Deliberative matter does not include either of the following:
(a) operational information (see section 8A);
(b) purely factual material.
Note: An agency must publish its operational information (see
section 8).
(3) This section does not apply to any of the fol owing:
(a) reports (including reports concerning the results of studies, surveys or
tests) of scientific or technical experts, whether employed
within an agency or not, including reports expressing the
opinions of such experts on scientific or technical matters;
(b) reports of a body or organisation, prescribed by the regulations, that is
established within an agency;
(c) the record of, or a formal statement of the reasons for, a final decision
given in the exercise of a power or of an adjudicative
function.
Note: Access must generally be given to a conditionally exempt document
unless it would be contrary to the to the public interest (see section 11A).
47E Public interest conditional exemptions—certain operations of agencies
A document is conditional y exempt if its disclosure under this Act would, or could
reasonably be expected to, do any of the fol owing:
…
(a) have a substantial adverse effect on the proper and efficient conduct of the operations
of an agency.
47F Public interest conditional exemptions—personal privacy
General rule
(1) A document is conditional y exempt if its disclosure under this Act would involve
the unreasonable disclosure of personal information about any person
(including a deceased person).
(2) In determining whether the disclosure of the document would involve the
unreasonable disclosure of personal information, an agency or Minister must
have regard to the following matters:
(a) the extent to which the information is well known;
(b) whether the person to whom the information relates is known to be
(or to have been) associated with the matters dealt with in the document;
(c) the availability of the information from publicly accessible sources;
(d) any other matters that the agency or Minister considers relevant.
Document Outline
