1 April 2025
FOI ref: 2025/0039
Archibald Andrews
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Andrews,
Notice of Decision for Freedom of Information Request no. 2025/0039
The purpose of this letter is to give you a decision about access to documents that you have
requested under the
Freedom of Information Act 1982 (
FOI Act).
Summary
I am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to
FOI requests.
You lodged an FOI request on 29 January 2025 for access to:
‘I request access to documents setting out the number of decisions made by each
member of the ART in each respective jurisdictional area between 14 October 2024
and 24 January 2025.
The information can be provided in an Excel spreadsheet if that would make provision
easier.’
Whilst such case related data is stored in the Tribunal’s case management systems, there is
no document which currently exists which contains the information you require. For that
reason, in order to process your request I reached out to the Tribunal’s Information Data and
Management team (the Reporting team) about whether such a document could be produced
into a discreet form without having a substantial and unreasonable effect on the Tribunal
conducting its normal operations (as required by section 17 of the FOI Act).
The Reporting team advised that there is no existing report that captures the scope of your
request. I wrote to you on 20 February 2025 and advised that there are existing reports which
capture the finalisation counts by jurisdictional area and the finalisation count by member. You
responded on 25 February 2025 confirming the revision of the scope of your request.
Revised scope
‘1.
The finalisation count for the jurisdictional area between 14 October 2024 to 24
January 2025; and
2.
The finalisation count by member between 14 October 2024 to January 2025.’
Accordingly, the Reporting team produced two documents for the period 14 October to 24
January 2025 which lists the finalisation count per the revised request.
Decision
I have decided to release these documents to you in full.
I have taken the following into account in making my decision:
• your FOI request received via email on 29 January 2025
• the FOI Act, specifically section 17; and
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act.
Please note the following when interpreting the disclosed information in relation to the
finalisation count by member report:
a) The data does not take into account member appointment start/finish dates, periods of
absence, full or part time status, or any non-adjudicatory responsibilities that members
may have.
b) The data does not reflect the complexity of the individual cases, caseloads or the
jurisdictional areas across which members may work. Complexity and composition of
caseloads may impact decision numbers.
Your review rights
Information about how you can apply for a review of this decision or complain about how we
have dealt with this matter is set out in the attached fact sheet, FOI 2.
If you have any questions about this decision, please contact me
at xxx@xxx.xxx.xx. Yours sincerely,
April W
Authorised FOI Of icer (acting EL 1)
Attachments
FOI 2 – Information about reviews and complaints under the Freedom of Information Act
Level 6, 83 Clarence Street
T 1800 228 333
Sydney NSW 2000
E xxx@xxx.xxx.xx
www.art.gov.au
GPO Box 9955 Sydney NSW 2001
Information about reviews and complaints under the
Freedom of Information Act
What should I do prior to applying for internal review or contacting the Office of
the Australian Information Commissioner?
Before you apply for an internal review or contact the Office of the Australian Information
Commissioner, we recommend that you telephone the officer who made the FOI decision. It is
often possible to resolve concerns or answer your questions using this approach and, if not,
the officer wil be able to assist you in applying for review.
How do I apply for internal review to the AAT?
You can apply to us for an internal review of the FOI decision. The application for internal
review must be made within 30 days or such further period as we allow, after the day the
decision is notified to you. To apply for an internal review you must do so in writing. You may
also wish to explain why you are not satisfied with the decision. A different and more senior
officer authorised under the
Freedom of Information Act 1982 (the FOI Act) wil conduct the
internal review and make a new decision within 30 days after receipt of your application.
If you have already applied for internal review and want to seek a further review of that
decision, you wil need to apply to the Australian Information Commissioner.
How do I apply for review to the Australian Information Commissioner?
You may also apply directly to the Australian Information Commissioner for review of the FOI
decision. The application for review must be made within 60 days after the day notice of the
decision was given. An application for review must be in writing, include details of how notices
in relation to the review are to be sent to you and include a copy of the decision. You may also
wish to explain why you are not satisfied with the decision. An online application form is
available on the Office of the Australian Information Commissioner’s website found here:
Information Commissioner Review Application form.
What if I want to make a complaint about the handling of a Freedom of
Information request?
If you have a complaint about the way in which we have processed your request for access
under the FOI Act you can ask the Australian Information Commissioner to investigate. An
online complaint form is available on the Office of the Australian Information Commissioner’s
website, found her
e FOI Complaint Form.
Where can I find further information or contact details for the Office of the
Australian Information Commissioner?
Further information is available on the Office of the Australian Information Commissioner’s
website at
www.oaic.gov.au and you can contact the office on 1300 363 992 or by email at
xxxxxxxxx@xxxx.xxx.xx..
FOI 2 (April 2024)
