Dear Australian Taxation Office,

I request the following information under the Freedom of Information Act 1982:

1. Documents that show the names of software components ("libraries") that are:

a) used in the most recent public release, or expected to be used in upcoming
releases of the myGovID Android application, and

b) commercially licensed to the ATO

I exclude from the scope of this request any computer programs, whether in
source code or compiled form.

Yours faithfully,

Fraser Tweedale

Dear Australian Taxation Office,

On August 19, I lodged by email a FOI request with the subject
"myGovID Android application: commercially licensed components".
I received acknowledgement of your receipt of this request on August 20.

Having not received a request for extension of processing time,
nor notice from the Information Commissioner that they have extended
the time allowed, I note that a decision on this request is overdue.

Could you please advise me of the status of this request?

Yours sincerely,

Fraser Tweedale

Dear Australian Taxation Office,

I refer to my FOI request of 19 August 2021, reference 1-QQDQ46O, the scope of which was:

"""
1. Documents that show the names of software components ("libraries") that are:

a) used in the most recent public release, or expected to be used in upcoming
releases of the myGovID Android application, and

b) commercially licensed to the ATO

I exclude from the scope of this request any computer programs, whether in
source code or compiled form.
"""

On 18 October 2021 you made an access refusal decision on the grounds that the information is exempt under s 47(1)(b) of the FOI Act and that some of the information is publicly available.
I am applying for an internal review of this access refusal decision.

# Ground 1: misunderstanding of scope

The stated reasons (whether valid or not) specifically refer to and related to the source code of the application. But the scope of my request explicitly excluded source code. There appears to have been a significant misunderstanding of the scope of my request.

# Ground 2: Annexure insufficient

You provided a link to "Annexure A – Third Party Licenses and Software" (the "Annexure"), which is a public document that lists licenses for third party software components used in the myGovID system. However, my request pertains to particular releases of the myGovID Android application, and the Annexure does not identify which (if any) of the listed software components are used in (that is, form part of) the Android application specifically.

Furthermore, many of the components are licensed under free / open source software licenses,
on non-commercial terms. The only components in that Annexure that are licensed under non-free / non-open source terms are the ".NET" components, which are licensed under the "MICROSOFT SOFTWARE LICENSE TERMS". It is unclear from the available information whether those components are licensed on commercial terms, or on non-commercial terms. Furthermore, the Android platform is not a Microsoft platform and it is unlikely that the ".NET" components are used in the Android application.

For these reasons, the public Annexure does not satisfy my FOI request.

# Ground 3: documents in scope overlooked

In your access refusal decision on FOI request reference 1-Q1HU99Q, in which I requested access to source code for particular releases of the myGovID Android application, you stated:

"""
I further understand the source code contains or will contain
components commercially licensed to the ATO.
"""

It follows that there must be documents that identify what those components are. As discussed in Ground 2 above, I am not satisfied that the Annexure identifies any commercially licensed software components that are used in the Android application. Furthermore, if software components have been commercially licensed to the ATO, there must be documents (communications, contracts and other documents related to procurement and inventory, etc) that show the names of the components that the ATO has licensed. Such documents are within the scope of my request.

Yours faithfully,

Fraser Tweedale