Mr Squiggle
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our reference: LEX 1321
Dear Mr Squiggle
Decision regarding your Freedom of Information request
1. I am writing about your Freedom of Information (FOI) request under the
Freedom of
Information Act 1982 (FOI Act) made on
4 January 2025 for access to documents held by
the Australian Public Service Commission (the Commission).
2. The FOI Act is publicly available from
www.legislation.gov.au.
Documents relevant to your request 3. You requested access to documents on the following terms:
1. A document that shows the role you were in when first invited to join the Chairman's lounge.
(Was it an APS role?)
2. A breakdown of your flights and expenditure with Qantas and Virgin for the most recent 12 month
period (calendar year 2024 if available, otherwise most recent financial year if more convenient).
3. Any policy applicable to the booking of your work-related air travel (for example, are you
required to book the 'cheapest available' airfare?)
4. And documents that touch on anything related to conflicts of interest (real or perceived) with
regard to your Chairman's lounge membership
5. Any documents created as a result of media attention in relation to Qantas Chairman's
lounge/Virgin Beyond lounge memberships of APS Agency heads and SES, in the last 2 years
4. On 31 January 2025, you were notified that the Commission was conducting a third party
consultation pursuant to section 27 of the FOI Act and that the due date had, therefore, been
extended by 30 days by virtue of section 15(6) of the FOI Act.
5. A decision on your FOI request is due to you by
5 March 2025.
Decision on your FOI request
6. I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
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7. I am satisfied that all reasonable steps have been taken to locate documents relevant to your
request.
8. I have identified (
13)
documents in scope of your request, being:
a. Document 1: PQON Minister for the Public Service - Senate Parliamentary Question;
b. Document 2: Senate Finance and Public Administration Legislation Committee -
Answer to Questions on Notice, Supplementary Budget Estimates 2024-25 (Question
ref no. 0078);
c. Document 3: Senate Finance and Public Administration Legislation Committee -
Answer to Questions on Notice, Supplementary Budget Estimates 2024-25 (Question
ref no. 0075);
d. Document 4: APSC - Travel Guide (February 2024);
e. Document 5: Breakdown of APS Commissioner flights;
f. Document 6: Letter from Ms Kylie Barber dated 17 February 2025;
g. Document 7: Gifts and Benefits and the Advice to Agency Heads (QB24-000046);
h. Document 8: Gifts and Benefits and the Advice to Agency Heads (QB25-000010);
i. Document 9: Supplementary Budget Estimates - Exec Brief - Gifts and Benefits;
j. Document 10: Estimates Brief - Hot Issue (Nov 2024);
k. Document 11: Email from Departmental Liaison Officer to APSC dated 29 October
2024;
l. Document 12: Additional Estimates - Gifts and Benefits (Feb 2025);
m. Document 13: Conflict of interest form dated 5 April 2024.
9. I have decided to grant you:
a. partial access to Document 13 with irrelevant information deleted under s 22 of the FOI
Act;
b. partial access to Documents 6, 7, 8, 11, 12 and 13 with irrelevant personal information
removed under s 47F of the FOI Act;
c. full access to Documents 1, 2, 3, 4, 5, 9 and 10.
10.
Attachment A sets out the document to be released and reasons for it are in
Attachment
B.
Review rights
11. You are entitled to seek review of this decision. Your review rights are set out at
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Attachment C.
Contacts 12. If you require clarification on matters in this letter please contact the Commission’s FOI
Officer by email at
xxx@xxxx.xxx.xx.
Yours Sincerely
Meeghan Webster
Authorised FOI decision maker
Australian Public Service Commission
3 March 2025
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ATTACHMENT A
SCHEDULE OF DOCUMENTS
Document Description
Exemption grounds
1
PQON Minister for the Public Service -
Release in full
Senate Parliamentary Question
2
Senate Finance and Public Administration
Release in full
Legislation Committee - Answer to Questions
on Notice, Supplementary Budget Estimates
2024-25 (Question ref no. 0078)
3
Senate Finance and Public Administration
Release in full
Legislation Committee - Answer to Questions
on Notice, Supplementary Budget Estimates
2024-25 (Question ref no. 0075)
4
APSC - Travel Guide (February 2024)
Release in full
5
Breakdown of APS Commissioner flights
Release in full
6
Letter from Ms Kylie Barber dated 17
Section 47F (Personal privacy)
February 2025
4
7
Gifts and Benefits and the Advice to Agency Section 47F (Personal privacy)
Heads (QB24-000046)
8
Gifts and Benefits and the Advice to Agency Section 47F (Personal privacy)
Heads (QB25-000010)
9
Supplementary Budget Estimates - Exec Brief Release in full
- Gifts and Benefits
10
Estimates Brief - Hot Issue (Nov 2024)
Release in full
11
Email from Departmental Liaison Officer to Section 47F (Personal privacy)
APSC dated 29 October 2024
12
Additional Estimates - Gifts and Benefits (Feb Section 47F (Personal privacy)
2025)
13
Conflict of interest form dated 5 April 2024
Section 22 (Access to edited copies with exempt or irrelevant matter deleted)
Section 47F (Personal privacy)
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ATTACHMENT B
Reasons for decision 1. In making my decision I have had regard to the:
• terms of your request;
• content of the documents;
• FOI Act;
• FOI Guidelines issued by the Australian Information Commissioner
(FOI
Guidelines); and
• third party consultation undertaken.
Exemptions
Section 22 – Access to edited copies with exempt or irrelevant matter deleted
2. Section 22 of the FOI Act requires an agency to provide access to an edited version of
a document where it is reasonably practicable to edit the document to remove exempt
material or material that is irrelevant to the scope of the request.
3. I consider that
Document 13 contains information that is irrelevant to the scope of your
request and is therefore exempt under section 22 of the FOI Act.
Section 47F – Personal privacy
4. Section 47F of the FOI Act provides that a document is conditionally exempt if it would
involve the unreasonable disclosure of personal information about any person.
5. Personal information means information or an opinion about an identified individual,
or an individual who is reasonably identifiable whether:
• the information or opinion is true or not; and
• the information or opinion is recorded in a material form or not.
6. I consider that
Documents 6, 7, 8, 11, 12 and 13 contains parts that are conditionally
exempt. Specifically, the names of non-SES APS employees and the personal
information of members of the public.
7. I have had regard to the matters I must consider under subsection 47F(2) of the FOI Act
in determining whether the disclosure of the personal information would involve the
unreasonable disclosure of personal information.
8. In considering what is unreasonable, the Administrative Appeals Tribunal in
Re
Chandra and Minister for Immigration and Ethnic Affairs [1984] AATA 437 at [51]
stated:.
…whether a disclosure is ‘unreasonable’ requires… a consideration of all the
circumstances, including the nature of the information that would be disclosed, the
circumstances in which the information was obtained, the likelihood of the information
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being information that the person concerned would not wish to have disclosed without
consent, and whether the information has any current relevance… and to weigh that
interest in the balance against the public interest in protecting the personal privacy of a
third party…
9. Other factors to be considered include the nature, age and current relevance of the
information, any opposition to disclosure held by the person that the personal
information relates to, and the circumstances of an agency’s collection and use of the
information (‘
FG’ and
National Archives of Australia [2015] AICmr 26 at [47]).
10. I note that in
Warren; Chief Executive Officer, Services Australia and (Freedom of
information) [2020] AATA 4557 (9 November 2020), Deputy President S A Forgie
found (at [130]):
An individual may include his or her direct telephone number in correspondence
directed to other persons. Unless published on an agency’s website or made public
in some other way, such as on a pamphlet or report available to the public, I
consider that disclosure of an individual’s telephone number in his or her place of
employment is unreasonable. Its disclosure will provide an avenue by which others
may choose to express their displeasure with the individual or with that for which
he or she is responsible but its disclosure does not make any positive contribution to
increasing public participation in Government processes or in increasing scrutiny,
discussion, comment and review of the Government’s activities.
11. In relation to the question of whether disclosure would be unreasonable, the FOI
Guidelines provide, at paragraph [6.144]:
For example, in Colakovski v Australian Telecommunications Corp, Heerey J considered that
‘... if the information disclosure were of no demonstrable relevance to the affairs of
government and was likely to do no more than excite or satisfy the curiosity of people about
the person whose personal affairs were disclosed ... disclosure would be unreasonable’. This
illustrates how the object of the FOI Act of promoting transparency in government processes
and activities needs to be balanced with the purpose of s 47F to protect personal privacy,
although care is needed to ensure that an FOI applicant is not expected to explain their reason
for access to contrary to s 11(2).
12. Relevant to personal information of certain public servants, under the FOI Act there is
no presumption that agencies and ministers should start from the position that the
inclusion of the full names of staff in documents increases transparency and the objects
of the FOI Act:
Warren; Chief Executive Officer, Services Australia and (Freedom of
information) [2020] AATA 4557 at [83].
13. I have identified the following factors that, in my view, do not support the release of
this personal information under section 47F of the FOI Act:
• the individuals’ personal information, in particular their name, will identify them;
• the personal information is unique and relates specifically to the individuals, and
is generally not well known or publicly available; the FOI Act does not control or
restrict the subsequent use or dissemination of information released under the FOI
Act;
• the disclosure of this information will not advance scrutiny of any decisions
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falling within scope of your FOI request;
• the disclosure of this information could expose concerned individuals to unsolicited
and inappropriate approaches by external parties;
• release of the individuals’ personal information may cause stress for them or
other detriment; and
• disclosure would prejudice the individuals’ right to privacy.
14. I have therefore decided to the extent that
Documents 6, 7, 8, 11, 12 and 13 includes
personal information of non-SES APS employees and members of the public, those
parts are conditionally exempt from disclosure under section 47F of the FOI Act because
disclosure would involve the unreasonable disclosure of their personal information.
Section 11A – Public interest test
15. Subsection 11A(5) of the FOI Act provides that an agency must give access to a
document if it is conditionally exempt unless access to the document would, on balance,
be contrary to the public interest.
16. I have considered the public interest exemption factors in favour of disclosure at
subsection 11B(3) of the FOI Act, including the extent to which access to the documents
would promote the objects of the FOI Act and inform debate on a matter of public
importance.
17. I have identified the following factors as weighing against disclosure:
• disclosure of individuals’ personal information will not advance any scrutiny of any
decisions falling within the scope of your FOI request; and
• disclosure would prejudice individuals’ right to privacy.
18. Subsection 11B(4) of the FOI Act lists factors that are irrelevant to determining
whether access would be in the public interest. I have not considered these factors.
19. On balance, I find disclosure of some parts of the
Documents 6, 7, 8, 11, 12 and 13
referred to above would be contrary to the public interest. To the extent that the material
contained in
6, 7, 8, 11, 12 and 13 are conditionally exempt under sections 47F of the
FOI Act.
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ATTACHMENT C
Rights of Review
Asking for a full explanation of a Freedom of Information decision
If you are dissatisfied with this decision, you may seek review. Before you seek review of
a Freedom of Information (FOI) decision, you may contact us to discuss your request and
we will explain the decision to you.
Seeking review of a Freedom of Information decision If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (the FOI Act)
may give 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 seeking:
a. an internal review by an different officer of the Australian Public
Service Commission; and/or
b. external review by the Australian Information Commissioner.
There are no fees applied to either review option.
Applying for a review by an Internal Review Officer If you apply for internal review, a different decision maker to the departmental delegate
who made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be made in writing within 30 days of receiving this
letter to:
Email:
xxx@xxxx.xxx.xx
Post:
The FOI Officer
Australian Public Service
Commission B Block, Treasury
Building
GPO Box 3176
Parkes Place West
PARKES ACT 2600
You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your
reasons for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner If you do not agree with the original FOI decision or the internal review decision, you can
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ask the Australian Information Commissioner to review the decision. You have 60 days to
apply in writing for a review by the Office of the Australian Information Commissioner
(the OAIC) from the date you received this letter or any subsequent internal review
decision.
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information
Commissioner GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
The OAIC encourage applicants to apply online. Where possible, to assist the OAIC you
should include your contact information, a copy of the related FOI decision and provide
details of your reasons for objecting to the decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman Information Commissioner You may complain to the Information Commissioner concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act. There is no fee
for making a complaint. A complaint to the Information Commissioner must be made in
writing. The Information Commissioner's contact details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman You may complain to the Ombudsman concerning action taken by an agency in the exercise
of powers or the performance of functions under the FOI Act. There is no fee for making a
complaint. A complaint to the Ombudsman may be made in person, by telephone or in
writing. The Ombudsman's contact details are:
Phone:
1300 362 072
Website:
www.ombudsman.gov.au
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Document Outline
