Mr Squiggle

By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Our reference: LEX 1366
Dear Applicant
  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 8 February 2025 for access to documents held by
the  Australian Public Service Commission (Commission).
  2.  The FOI Act is publicly available from www.legislation.gov.au.

Scope of your request
  3.  You requested access to documents on the following terms:

I would also like to request, under the FOI Act, all documents created by the APSC as a
result of my request dated 4 January 2024, including all documents created during your
‘request consultation process’.
  Decision on your FOI request
  4.  I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
  5.  I am satisfied that all reasonable steps have been taken to locate documents relevant to
your request.
  6.  I have identified twenty-eight (28) documents in scope of your request.
  7.  The documents within scope are as follows:
•  Document 1: Acknowledgement and request for clarification on FOI request
•  Document 2: Notification of allocation of matter
•  Document 3: Document search request to line area
•  Document 4: Document search request to line area
•  Document 5:  Draft acknowledgement of receipt and request for clarification on FOI
request
•  Document 6: Draft Request Consultation Decision for practical refusal

•  Document 7: Correspondence on draft Request Consultation Notice
•  Document 8: Correspondence regarding Request Consult Notice
•  Document 9: Correspondence regarding practical refusal decision notice for LEX 1320
•  Document 10: Correspondence on the creation filing for the matter
•  Document 11: Correspondence with decision maker regarding LEX 1320
•  Document 12: Notification of creation of matter
•  Document 13: Correspondence on the review of request consult decision for LEX 1320
•  Document 14: Correspondence regarding document searches undertaken for LEX 1320
•  Document 15: Correspondence regarding document searches undertaken for LEX 1320
•  Document 16: Correspondence on the draft document search requests
•  Document 17: Correspondence on draft acknowledgement and request for clarification
email sent to the Applicant
•  Document 18: Correspondence on Request Consultation Notice for LEX 1320
•  Document 19: Correspondence regarding Request Consult Notice
•  Document 20: Applicant response to Request Consultation Notice for LEX 1320
•  Document 21: Correspondence regarding Request Consult Notice
•  Document 22: MS Teams correspondence
•  Document 23: Draft Request Consultation Notice
•  Document 24: Draft Request Consultation Notice
•  Document 25: Draft Request Consultation Notice
•  Document 26: Request Consultation Notice
•  Document 27: Draft Practical Refusal Decision Notice
•  Document 28: Practical Refusal Decision Notice
  8.  I have decided to grant full access to Documents 1, 19, 20, 23, 26 and 28.
  9.  I have decided to grant you partial access to Documents 2-18 and 21, 22, 24, 25 and 27. I
have also removed irrelevant information under section 22 of the FOI Act.
  10. Attachment A provides a description of the documents in scope and sets out the grounds
on which the documents are partially exempt.
  11. My reasons are set out in Attachment B to this notice.

Review rights

12. You are entitled to seek review of this decision. Your review rights are set out at
Attachment C.

Deletion of exempt matter or irrelevant material
  13. Section 22 of the FOI Act allows an agency to provide access to an edited version of a
document where it is reasonably practicable to edit the document to remove material that is
exempt or irrelevant to the scope of a request.

14. Documents being provided to you have been edited to remove material that is irrelevant to
the scope of your request. For example, attachments that were not created as a result of your
FOI request LEX 1320. We have removed such information under section 22 of the FOI Act.
  Contacts

15. If  you  require  clarification  on  matters  contained  in  this  letter  please  contact  the
Commission’s FOI  Officer by email at xxx@xxxx.xxx.xx.
  Yours sincerely
  Sue Mahony
Authorised FOI decision maker
7 March 2025

ATTACHMENT A

SCHEDULE OF DOCUMENTS

Document Description
Exemption grounds

Full release
1
Email dated 14 January 2025
Acknowledgement and request for clarification on FOI request

Section 47F (personal privacy)
2
Email dated 6 January 2025
Notification of allocation of matter

Email dated 9 January 2025
Section 47F (personal privacy)
3
Document search request to line area

Email dated 9 January 2025
Section 47F (personal privacy)

4
Document search request to line area

Email dated 10 January 2025
Section 47F (personal privacy)
5
Draft acknowledgement of receipt and request for clarification on FOI request

Email dated 29 January 2025
Section 47F (personal privacy)
6
Draft Request Consultation Decision for practical refusal

Email chain dated between 14 January 2025 to 21 January 2025
Section 47F (personal privacy)
7
Correspondence on draft Request Consultation Notice

Email chain dated 23 January 2025
Section 47F (personal privacy)
8
Correspondence regarding Request Consult Notice

Email chain dated between 31 January 2025 and 3 February 2025
Section 47F (personal privacy)
9
Correspondence regarding practical refusal decision notice for LEX 1320

Email chain dated between 4 January 2025 and 6 January 2025
Section 47F (personal privacy)
10
Correspondence on the creation of filing for the matter

Email chain dated between 14 January 2025 and 6 February 2025
Section 47F (personal privacy)
11
Correspondence with decision maker regarding LEX 1320

Email dated 6 January 2025
Section 47F (personal privacy)
12
Notification of creation of matter

Email chain dated between 28 January 2025 and 30 January 2025
Section 47F (personal privacy)
13
Correspondence on the review of request consult decision for LEX 1320

Email chain dated 9 January 2025
Section 47F (personal privacy)
14
Correspondence regarding document searches undertaken for LEX 1320

Email chain dated 9 January 2025 to 10 January 2025
Section 47F (personal privacy)
15
Correspondence regarding document searches undertaken for LEX 1320

Email chain dated 8 January 2025 to 9 January 2025
Section 47F (personal privacy)
16
Correspondence on the draft document search requests

Email chain dated 10 January 2025 to 14 January 2025
Section 47F (personal privacy)
17
Correspondence on draft acknowledgement and request for clarification email
sent to the Applicant

Email chain dated 14 January 2025 to 23 January 2025
Section 47F (personal privacy)
18
Correspondence on Request Consultation Notice for LEX 1320

Email chain dated 14 January 2025 and 23 January 2025
Full release
19
Correspondence regarding Request Consult Notice

Email chain dated 14 January 2025 and 28 January 2025
Full release
20
Applicant response to Request Consultation Notice for LEX 1320

Email chain dated 23 January 2025
Section 47F (personal privacy)
21
Correspondence regarding Request Consult Notice

22
MS Teams correspondence
Section 47F (personal privacy)
23
Draft Request Consultation Notice
Full release
24
Draft Request Consultation Notice
Section 47F (personal privacy)
25
Draft Request Consultation Notice
Section 47F (personal privacy)

26
Request Consultation Notice dated 23 January 2025
Full release
27
Draft Practical Refusal Decision Notice
Section 47F (personal privacy)
28
Practical Refusal Decision Notice
Full release

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ATTACHMENT B

Reasons for decision
  1.  I have decided to grant you partial access to Documents 2-18 and 21, 22, 24, 25 and 27 as
I consider some content in the scope of your request is exempt from release under section
47F of the FOI Act.

2.  I have decided to grant full access to Documents 1, 19, 20, 23, 26 and 28.

3.  In making my decision I have had regard to:
•  the terms of your request;
•  the content of the documents;
•  the results of consultation with third parties;
•  the FOI Act; and
•  the FOI Guidelines issued by the Australian Information Commissioner.
Exemptions
  Section 47F – Personal privacy
4.  Section 47F(1) of the FOI Act provides that:
(1) A document is conditionally exempt if its disclosure under this Act would involve the
unreasonable disclosure of personal information about any person (including a
deceased person).
  5.  For the purposes of the FOI Act, “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 2-18 and 21, 22, 24, 25 and 27 contain such matter; specifically,
the names and contact information of APS staff.

7.  Subsection 47F(2) of the FOI Act provides:

(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.
  8.  I have had regard to the matters I must consider under subsection 47F(2) of the FOI Act in

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determining whether the disclosure of the personal information would involve the
unreasonable disclosure of personal information.
  9.  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  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…
  10. 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]).
  11. Under paragraph 6.137 of the FOI Guidelines, key factors in determining whether
disclosure is unreasonable include:
•  the author of the document is identifiable;
•  the document contains third party personal information;
•  release of the document would cause stress to the third party;
•  no public purpose would be achieved through release.

12. Under paragraph 6.138 of the FOI Guidelines, other factors include:
•  the nature, age and current relevance of the information;
•  any detriment that disclosure may cause to the person to whom the information
relates;
•  any opposition to disclosure expressed or likely to be held by that person;
•  the circumstances of an agency’s or minister’s collection and use of the information;
•  the fact that the FOI Act does not control or restrict any subsequent use or
dissemination of information released under the FOI Act;
•  any submissions an FOI applicant chooses to make in support of their request as to
their reasons for seeking access and their intended or likely use or dissemination of the
information;
•  whether disclosure of the information might advance the public interest in government
transparency and integrity.
  13. I also 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

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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.

14. 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].
  15. 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 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.
16. I have therefore decided to the extent that Documents 2-18 and 21, 22, 24, 25 and 27 include
the names and contact information of APS staff, 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
  17. 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.

18. 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.

19. 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;
•  disclosure would prejudice individuals’ right to privacy;
•  disclosure could lead to unwarranted approaches to the individual which would
adversely impact their ability to perform their role and functions, noting that general
enquiry phone numbers and email addresses are available;
  20. Subsection 11B(4) of the FOI Act lists factors that are irrelevant to determining whether

- 11

access would be in the public interest. I have not considered these factors.

21. On balance, I find disclosure of some parts of Documents 2-18 and 21, 22, 24, 25 and 27
would be contrary to the public interest. To the extent that the material contained in these
documents are conditionally exempt under sections 47F, those parts are exempt from
disclosure.

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:
1.  an internal review by an different officer of the Australian Public Service
Commission; and/or
2.  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 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

Document Outline