Our reference: FOIREQ20/00138

Dear John Smith

Your Freedom of Information request

I refer to your request for access to documents made under the Freedom of Information Act 1982 (Cth) (the FOI Act) and received by the Office of the Australian Information Commissioner (OAIC) on 31 July 2020.

Scope of your request

In your email you seek access to the following:

" A document that contains a list of all the position/job titles of every non-APS contractor working within your department.

e.g. a position title may be: 'security guard', or 'consultant', or 'APS3 FOI officer', etc.

You may omit repeating a position title when there exist multiple contractors who have that position title. Additionally, if it would not be too onerous, please indicate the number of contractors that hold each position title.

If no such document exists please produce a document containing the information under s17."

Timeframes for dealing with your request

Section 15 of the FOI Act requires this office to process your request no later than 30 days after the day we receive it. However, section 15(6) of the FOI Act allows us a further 30 days in situations where we need to consult with third parties about certain information, such as business documents or documents affecting their personal privacy. We will notify you separately if we need to consult a third party.

As we received your request on 31 July 2020, we must process your request by Monday 31 August 2020.

Disclosure Log

Documents released under the FOI Act may be published online on our disclosure log, unless they contain personal or business information that would be unreasonable to publish.
If you would like to discuss this matter, please contact me on my contact details set out below.

Yours sincerely

John Molloy | Senior Lawyer
Legal Services
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | oaic.gov.au
+61 437 362 560 | [email address]

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Our reference: FOIREQ20/00138

Dear John Smith

I refer to your request for access to documents made under the Freedom of Information Act 1982 (Cth) (the FOI Act) and received by the Office of the Australian Information Commissioner (OAIC) on 31 July 2020.

In your request you seek access to the following:

“A document that contains a list of all the position/job titles of every non-APS contractor working within your department.

e.g. a position title may be: 'security guard', or 'consultant', or 'APS3 FOI officer', etc.

You may omit repeating a position title when there exist multiple contractors who have that position title. Additionally, if it would not be too onerous, please indicate the number of contractors that hold each position title.

If no such document exists please produce a document containing the information under s17."

Decision

I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to FOI requests.

I have identified one document within the scope of your request. I have decided to grant you access to the document in full.

Your review rights are set out below.

Yours sincerely,

John Molloy

If you disagree with my decision
Internal review
You have the right to apply for an internal review of my decision under Part VI of the FOI Act. An internal review will be conducted, to the extent possible, by an officer of the OAIC who was not involved in or consulted in the making of my decision. If you wish to apply for an internal review, you must do so in writing within 30 days. There is no application fee for internal review.

If you wish to apply for an internal review, please mark your application for the attention of the FOI Coordinator and state the grounds on which you consider that my decision should be reviewed.

Applications for internal reviews can be submitted to:
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001

Alternatively, you can submit your application by email to [OAIC request email], or by fax on 02 9284 9666.

Further Review
You have the right to seek review of this decision by the Information Commissioner and the Administrative Appeals Tribunal (AAT).

You may apply to the Information Commissioner for a review of my decision (IC review). If you wish to apply for IC review, you must do so in writing within 60 days. Your application must provide an address (which can be an email address or fax number) that we can send notices to, and include a copy of this letter. A request for IC review can be made in relation to my decision, or an internal review decision.
It is the Information Commissioner’s view that it will usually not be in the interests of the administration of the FOI Act to conduct an IC review of a decision, or an internal review decision, made by the agency that the Information Commissioner heads: the OAIC. For this reason, if you make an application for IC review of my decision, and the Information Commissioner is satisfied that in the interests of administration of the Act it is desirable that my decision be considered by the AAT, the Information Commissioner may decide not to undertake an IC review.

Section 57A of the FOI Act provides that, before you can apply to the AAT for review of an FOI decision, you must first have applied for IC review.

Applications for IC review can be submitted online at: https://forms.business.gov.au/smartforms...

Alternatively, you can submit your application to:

Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001

Or by email to [email address], or by fax on 02 9284 9666.

Accessing your information
If you would like access to the information that we hold about you, please contact [email address]. More information is available on the Access our information page on our website.

Disclosure log
Section 11C of the FOI Act requires agencies to publish online documents released to members of the public within 10 days of release, except if they contain personal or business information that it would be unreasonable to publish. The documents I have decided to release to you do not contain business or personal information that would be unreasonable to publish. As a result, the documents will be published on our disclosure log shortly after being released to you.

John Molloy | Senior Lawyer
Legal Services
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | oaic.gov.au
+61 437 362 560 | [email address]

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