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FOI requests to the OAIC

Please note that this email address is only used for making requests to
obtain access to a document held by the OAIC pursuant to the Freedom of
Information Act 1982 (Cth) (FOI Act). We will only action and respond to
emails making FOI requests to the OAIC. For information on how to make an
FOI request to the OAIC, and to ensure that your request complies with the
requirements of the FOI Act, please refer to the FOI page on the OAIC’s
website at:
[1]https://www.oaic.gov.au/about-us/access-...
Once your request has been assessed by the OAIC, and registered on our
system, a separate acknowledgement email will be sent to you with a
reference number.

The OAIC does not hold all documents of other Commonwealth government
agencies, other state government agencies, or private organisations.

Accordingly:

1)       if you are seeking to access documents of a particular
Commonwealth agency, you will need to make your request directly to the
relevant agency. For example, if you are requesting a copy of your visa
records, please make an FOI request and send it to the Department of Home
Affairs.

2)       if you are seeking to access documents of a state or local
government agency, as each Australian state and territory also have
separate FOI legislation that governs information held by state government
agencies, please contact the relevant agency as to how to make an
application to access the documents. For example, if you are seeking
access to police report from NSW Police Force, it is governed by the
Government Information (Public Access) Act 2009 (NSW) (GIPA Act), and you
will need to contact NSW police to find out how to make a GIPA application
for the police report.

3)       if you are seeking to access documents of a private organization,
which the FOI Act does not apply to, please contact the organization
directly to find out how to access the documents you are seeking. For
example, if you are seeking to access to hospital records or your medical
centre records, please contact these organisations directly. 

Enquiries and other matters

If your email relates to any of the following, please utilise our online
forms instead, which are available at
[2]https://www.oaic.gov.au/about-us/contact...

-               Enquiry

-               Privacy Complaint

-               Notifiable Data Breach

-               Consumer Data Right Complaint

-               FOI Complaint

-               Freedom of Information Review

-               Agency FOI Extension of Time Requests

-               Speech requests.

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.oaic.gov.au/about-us/access-...
2. https://www.oaic.gov.au/about-us/contact...

OAIC reference: FOIREQ25/00085

Dear SQ

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act) and to your email below.

You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 17 February 2025. This means that a decision on
your FOI request is currently due on 19 March 2025.

Scope of request

In your FOI request, you sought:

1) The SES and Principal/Executive Director positions (job titles; staff
names not required) that were in the final organisation structure approved
by the OAIC's Governance Board and/or the Information Commissioner in
2024, following the organisational restructure project conducted by Nous
Group.

2) The SES and Principal/Executive Director positions (job titles; staff
names not required) that are in the OAIC's organisation structure as at 17
February 2025 (whether the role is filled or vacant, ongoing or
non-ongoing).

3) Documentation that outlines the justification for any changes between
these two organisation structures.

Consultation on scope of request

I understand your request to mean access to documents relating to:

1) SES and Principal/Executive Director position titles (excluding
occupant names) in the final organisation structure, approved by the
OAIC's Governance Board and/or Australian Information Commissioner in
2024, following the organisational restructure project conducted by Nous
Group

2) SES and Principal/Executive Director position titles (excluding
occupant names) in the OAIC's organisation structure as of 17 February
2025

a.        whether each position is filled or vacant (as of 17 February
2025)

b.        whether each position is ongoing or non-ongoing (as of 17
February 2025)

3) Documentation outlining the justification for any change between the
organisation structures (as per items 1 & 2).

Action required
Would you please provide your confirmation that my understanding is
correct?  I would appreciate your response to my questions above by close
of business, 28 February 2025.

Timeframes for dealing with your request
Section 15 of the FOI Act requires the OAIC 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.

As noted above, the current decision due date for your request is 19 March
2025. We will advise you if this timeframe is otherwise extended.

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 your FOI request, please contact me on my
contact details set out below.

Kind regards

[1]O A I C logo   Karen Tulloch | Assistant Director

Governance, Risk and Compliance (FOI)
Office of the Australian Information Commissioner

GPO Box 5288 Sydney NSW 2001  |  [2]oaic.gov.au

E: [3][email address]  

The OAIC acknowledges Traditional Custodians of Country across Australia
and their continuing connection to land, waters and communities. We pay
our respect to First Nations people, cultures and Elders past and present.

show quoted sections

Dear SQ

I refer to your FOI request FOIREQ25/000085.

Deemed refusal

I have been reallocated your FOI request and in the process of finalising
my decision, I have realised that the OAIC neglected to send you a notice
advising that the time for processing your request had been extended by 30
days (in accordance with ss 27 and 27A of the FOI Act), as the documents
identified contained business and personal information of third parties.

I apologise for this oversight. This means that your FOI request was due
19 March 2025. As this time has passed, the decision is deemed to be
refused pursuant to the operation of section 15AC(3) of the FOI Act
(deemed decision). I have outlined your review rights in relation to this
matter below.

Documents for release

However, in the meantime, I have continued to process and finalise your
request, and collate the documents that you requested. I have attached
them above, and have decided to release them to you in full under the
administrative access scheme, bar the mobile number of an OAIC staff
member which I have blanked out in light of your request that personal
information not be included. The email trail in the documents go to part 3
of your request.

You are still entitled to seek review of the deemed decision, but I hope
that the documents attached otherwise assist.

Right to Review

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

You may apply to the Information Commissioner for a review of the deemed
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.

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 (including a deemed 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 the
deemed decision, and the Information Commissioner is satisfied that in the
interests of administration of the Act it is desirable that the deemed
decision be considered by the ART, 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 ART
for review of an FOI decision, you must first have applied for IC review.

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

Alternatively, you can submit your application to:

Office of the Australian Information Commissioner
GPO Box 5228
SYDNEY NSW 2001

Or by email to [2][email address], or by fax on 02 9284 9666.

Regards,

[3][IMG]   Fiona Annetts  (she/her)

Director, Governance, Risk &
Compliance (FOI and Privacy)

Office of the Australian Information
Commissioner

E: [4][OAIC request email]  
 [5][IMG] | [6][IMG] | [7][IMG] |   [8]Subscribe to Information
Matters

The OAIC acknowledges Traditional Custodians of Country across Australia
and their continuing connection to land, waters and communities. We pay
our respect to First Nations people, cultures and Elders past and present.

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

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1. https://forms.business.gov.au/smartforms...
2. mailto:[email address]
3. https://aus01.safelinks.protection.outlo...
4. mailto:[OAIC request email]
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
8. https://www.oaic.gov.au/media-and-speech...