23 December 2024
Glenn Hamiltonshire
By ema
il: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Hamiltonshire
Freedom of Information Request - 10428
I am writing to advise you of my decision regarding your request under the
Freedom of
Information Act 1982 (Cth) (the FOI Act).
Summary
On 8 December 2024 you requested access to:
…the Style Guides/Brand Guides/Writing Guides currently used for IP Australia.
On 19 December 2024
I sent an email advising you that four (4) documents had been identified
as being within the scope of your request. I further advised that several of these documents
contained images of IP Australia staff as wel as internal email addresses and asked if you
would agree to remove these from the scope of your request.
On 19 December 2024
you replied:
Under the provisions of the FOI act, I am comfortable with the redaction/omitting of
any details or information relating to non-SES Staff, which would include members of
IP Australia.
Relevant documents
The fol owing documents are considered within scope of your FOI request:
• Document 1 - IP Australia brand guidelines;
• Document 2 - Multimedia Style Guide;
• Document 3 - Photography Style Guide; and
• Document 4 - Tone of Voice Guide.
Decision
I have decided:
• to grant access in ful to Document 4; and
• to grant access in part to Documents 1 to 3, with exempt matter deleted under
section 22 and exempt under section:
o 47E(d)
– certain operations of an agency; and
o 47F -
documents disclosing personal information.
Searches undertaken
The FOI Act requires that al reasonable steps be taken to locate documents within the scope
of an FOI request.
In response to your request the fol owing teams in IP Australia conducted searches for
documents relevant to your request:
• Web, Multimedia & Design;
• Communications; and
• Public Education & Awareness.
Having consulted with the relevant teams and undertaken a review of the records of the
various search and retrieval efforts, I am satisfied that a reasonable search has been
undertaken in response to your request and that al relevant documents have been found.
Material taken into account
In making my decision I have considered the fol owing material:
• your FOI application;
• the documents within the scope of your request;
• the FOI Act;
• guidelines released by the Office of the Australian Information Commissioner (OAIC)
issued under section 93A of the FOI Act (Guidelines); and
• relevant cases and decisions by the OAIC, including Information Commissioner
review decisions
Reasons for decision
Certain operations of agencies – section 47E of the FOI Act
Section 47E of the FOI Act conditional y exempts a document where disclosure would, or
could reasonably be expected to, prejudice or have a substantial adverse effect on certain
listed agency operations.
Section 47E(d) of the FOI Act provides that a document is conditionally exempt if disclosure
of the document under the Act would, or could reasonably be expected to, have a
substantial adverse effect on the proper and efficient conduct of the operations of an
agency. However, section 47E is a conditional exemption which means it is subject to the
public interest test (considered below)
.
Document 1, Document 2 and Document 3 contain an internal email address utilised only by
IP Australia staff. Disclosing this information publicly would al ow the public to contact this
email directly and risk destabilising the preferred channels of communication set in place by
IP Australia.
I therefore consider this information to be conditionally exempt under section 47E(d) as
release of this information would have a substantial adverse effect on the proper and
efficient conduct of the operations of an agency.
Section 11B of the FOI Act - Public Interest Test
Section 11B of the FOI Act outlines the Public Interest Test, which requires an agency to
provide access to a conditional y exempt document unless doing so would be contrary to the
public interest. While factors in favour of disclosure include promoting the Act's objectives,
such as transparency and public participation in government processes, and providing access
to government-held information, I consider that the factors against disclosure, particularly
the potential prejudice to the management function of IP Australia, outweigh these
considerations.
Section 47F - personal privacy
Section 47F of the FOI Act provides that 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). However, section 47F is also a conditional exemption
which means it is subject to the public interest test (considered below).
I am satisfied that IP Australia staff photos in Document 2 and Document 3 constitute
'personal information' as defined in section 4(1) of the FOI Act and section 6 of the
Privacy
Act 1988 (Cth).
The requested documents are style guides, and the staff photos are included as examples
within these guides. This inclusion is outside the usual work-related context for which these
photos were taken. The primary purpose of these photos is not to serve as public examples
but rather for internal use within the organization. Disclosing these photos would therefore
involve an unreasonable disclosure of personal information, as it would expose staff
members' images in a manner that is not aligned with their usual work duties and
expectations of privacy.
Section 11B of the FOI Act - Public Interest Test
In determining whether the disclosure of this information is contrary to the public interest, I
have weighed the objects of the FOI Act, including providing access to government-held
information, against the need to protect the personal information of IP Australia staff.
The public interest in accessing this information does not outweigh the potential harm
caused by the unreasonable disclosure of personal information. The staff photos are not
essential to understanding the content or purpose of the style guides, and their disclosure
would not significantly contribute to public debate or transparency. Therefore, I have
decided that the public interest factors in favour of disclosure do not outweigh the factors
against disclosure.
Accordingly, I am satisfied that disclosure of the personal information would be contrary to
the public interest.
Access to edited copies with exempt or irrelevant matter deleted (s22)
I consider it possible to prepare copies of Document 1, Document 2 and Document 3,
modified by deletions, ensuring that material I have found to be irrelevant, and exempt is
removed.
Your review rights
If you are dissatisfied with my decision, you may apply for internal review or review by the
Information Commissioner of this decision. We encourage you to seek internal review as a
first step as it may provide a more rapid resolution of your concerns.
Under section 54 of the FOI Act, you may apply in writing to IP Australia for an internal
review of my decision. The internal review application must be made within 30 days of the
date of this letter or 15 days from the date in which you receive access to the document,
whichever is the longest period (section 54B of the FOI Act refers).
Where possible please attach reasons for 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 have this decision reviewed. An application for review must be made in writing within 60
days of the date of this letter, and be lodged in one of the following ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_10
ema
il: xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney NSW 2001
More information about reviews by the Information Commissioner is available on the Office
of the Australian Information Commissioner website:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-
commissioner-review/FOI Complaints
If you are unhappy with the way we have handled your FOI request, please let us know. We
may be able to rectify the problem. However, if you are not satisfied with our response, you
can make a complaint to the Australian Information Commissioner. A complaint to the
Information Commissioner must be made in writing. Complaints can be lodged in one of the
fol owing ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICCA_1
ema
il: xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney 2001
More information about making a complaint is available on the Office of the Australian
Information Commissioner website:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-an-foi-
complaint/.
Publication of documents on disclosure log
I have decided to publish the documents on IP Australia’s disclosure log in accordance with
section 11C of the FOI Act.
Contact
If you have any questions regarding this notice, please do not hesitate to contact me in writing
by email a
t xxx@xxxxxxxxxxx.xxx.xx.
Yours sincerely
Simon Henkel
FOI Officer
Office of Legal Counsel
Document Outline
