Request for OAIC Review, Department of Finance FOI 24-25/086 and FOI 24-25/097
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/d...
Yours faithfully,
MatureData
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Our reference: MR25/00329
Agency reference: FOI 24-25/086, FOI 24-25/097
Applicant: MatureData
Respondent: Department of Finance
By email: [FOI #12855 email]
Your Information Commissioner review application
Good afternoon MatureData,
On 20 February 2025, you applied for Information Commissioner review (IC review) about a Freedom of Information (FOI) decision made by the Department of Finance.
Why we are writing to you:
We have received, and are currently considering, your application for IC review.
Please note paragraph 2.7 the Direction as to certain procedures to be followed by applicants in Information Commissioner reviews advises:
‘An application for IC review must be made in writing and should be made online using the Information Commissioner Review Application form available on the OAIC website.’
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Please quote the reference MR25/00329 in all correspondence.
Kind regards
Will Martin (he/him)
Intake & Triage Officer
Intake and Eligibility Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [email address]
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Our reference: MR25/00329
Agency reference: FOI 24-25/086, FOI 24-25/097
FOI Contact Officer
Department of Finance
By email: [1][email address]
Mature Data
By email: [2][FOI #12855 email]
Information Commissioner review - Notice of commencement
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Please find attached notice of commencement for the above referenced
Information Commissioner review (IC review).
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narrow the issues in dispute. Applicants are encouraged to actively
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Kind regards,
[3][IMG] Ishraq Quashem
Casework Support Officer
FOI Case Management Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [4][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.
[5]Subscribe to Information Matters
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OFFICIAL
Good afternoon
OAIC ref: MR25/00329
Finance ref: FOI 24-25/086 and FOI 24-25/097
The Department of Finance (Finance) refers to the attached Notice of
Information Commissioner (IC) review and request for documents that we
received on 26 February 2025. Although the notice provides that
submissions are due to you on Wednesday 9 April 2025, Finance advises that
we are not in a position to provide you with submissions at this stage. As
such, we will be seeking an extension of time from the IC’s delegate to
Friday 9 May 2025.
Work undertaken to date and reasons for seeking an extension
Finance actioned the Notice of IC review at the end of February by
discussing your request for IC review with the relevant business area. It
was agreed to seek further particulars from the relevant agencies named in
your request to enable further consideration of the contentions you have
made.
Depending on the outcome of these processes, we may reach out to you and
invite you to discuss the scope of your request for IC review with us
directly.
We note that if we are to discuss the scope of your request directly we
ask that you provide a phone number. No contact details other than the
Right to Know generated email address has been provided either in your
original request, internal request or IC review request.
We will keep you updated as we continue through this process. Apologies
for not contacting you earlier to provide you an update on Finance’s
progress.
Grateful if you could advise if you have any objections to the suggested
approach as soon as practicable – we are intending to make the request to
the IC for an extension of time by 12 noon tomorrow.
Kind regards
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
Dear FOI Requests,
I have no objections to your suggested approach or extension for time, except I request that all correspondence be made through the Right To Know platform using my Right to Know generated email address.
Yours sincerely,
MatureData
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
OFFICIAL
Good morning
Thank you very much for your prompt response and agreeing to the approach
and extension of time. Much appreciated.
We confirm that the Office of the Australian Information Commissioner has
agreed to an extension of time until 9 May 2025. We will respond to your
Right to Know generated email address when we have an update.
Kind regards
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603