Date: Thu, 20 Feb 2025 10:38:40 +0000 Subject: Freedom of Information request - Request for OAIC Review, Department of Finance FOI 24-25/086 and FOI 24-25/097 From: MatureData <[FOI #12855 email]> To: OAIC - FOI <[email address]> ************************************************************************** CAUTION: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe. ************************************************************************** Dear Office of the Australian Information Commissioner, I am seeking an Information Commissioner review of the Department of Finance's Decision relating to my FOI request to them 24-25/086 and their internal review FOI 24-25/097. My FOI request seeks access to documents containing detailed agency ratings and individual responses for 9 specified Australian government agencies that participated in the Department of Finance's Data Maturity Assessment Tool (DMAT). The DMAT is a self-assessment tool used to measure data maturity across the Australian Public Service (APS). The Department of Finance refused access to these documents, citing exemptions under section 47E(a) and (b) of the FOI Act. The Department of Finance's argument that the DMAT is an "examination" for the purposes of s 47E (a) and (b) rests on a broad interpretation of the dictionary definition. While the Macquarie Dictionary definitions do include general concepts like "inspection" and "inquiry," relying solely on these general definitions fails to capture the specific context and nuances of how "examination" is used in the FOI Act. I contend that Sections 47E(a) and (b) of the act are designed to protect the integrity of formal evaluations conducted by agencies, ensuring that procedures, methods, and objectives are not compromised. The primary focus is on external scrutiny and accountability. The DMAT is an internal self-assessment tool completed by agencies themselves. This inherent lack of independence distinguishes it from the typical "examination" envisaged in s 47E(a) and (b) (which I contend require an external and objective evaluation). The DMAT's goal is to encourage agencies to reflect on their data maturity and identify areas for improvement. It's a tool for internal development and learning, not primarily for external scrutiny, therefore, I ask the OAIC to find the documents I have requested cannot be exempt under 47E(a) nor (b) In the context of s 47E, "examination" is more readily understood as a formal process conducted by an independent body to assess compliance, performance, or proficiency. Examples include financial audits, regulatory inspections, or academic examinations. The Department of Finance's interpretation stretches the definition of "examination" beyond its ordinary and intended meaning in the FOI Act. This broad interpretation undermines the purpose of s 47E and could lead to an overly restrictive approach to information access. If the Department of Finance's interpretation of an internal self-assessment as an "examination" exempt under s47E(a) and (b) is upheld, it could significantly limit access to a wide range of internal government documents. This interpretation could be applied to any document that includes an assessment of an agency's activities, even if it's not a formal external audit or examination. For example, it could be used to exempt internal program evaluations including documents assessing the effectiveness of a government program or policy and risk assessments including reports identifying and evaluating potential risks associated with a particular activity or project. I ask the OAIC to review the Department's use of this exemption. I also note that the DMAT questions are publicly available on the Finance website, and the Department dropped their original objection under 47E(d). If the OAIC finds this exemption is valid, I further request a critical examination of the public interest test applied by the Department. Thank you for your consideration You may find my original request to Department of Finance at https://www.righttoknow.org.au/request/detailed_results_of_entity_data Yours faithfully, MatureData ------------------------------------------------------------------- Please use this email address for all replies to this request: [FOI #12855 email] Is [OAIC request email] the wrong address for Freedom of Information requests to Office of the Australian Information Commissioner? If so, please contact us using this form: https://www.righttoknow.org.au/change_request/new?body=oaic This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at: https://www.righttoknow.org.au/help/officers Please note that in some cases publication of requests and responses will be delayed. 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