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.’
In future, and to avoid any delays with manual registration, please use our online webform, available at https://webform.oaic.gov.au/prod?entityt....
Assistance
Please note: You can withdraw an IC review application at any time. There is no penalty if you do this. You can also lodge a new FOI request to the Department of Finance at any time.
If you require assistance regarding this email, please contact us at [email address].
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]
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.
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-----Original Message-----
From: MatureData <[FOI #12855 email]>
Sent: Thursday, 20 February 2025 9:39 PM
To: OAIC - FOI <[email address]>
Subject: Freedom of Information request - Request for OAIC Review, Department of Finance FOI 24-25/086 and FOI 24-25/097
**************************************************************************
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.
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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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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 Local time) and delete all copies of this transmission together with any attachments.