FOI 23 209 Decision on access June 2023.pdf

Our reference: FOI 23-209
WantedWombat
Via email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear WantedWombat
Decision on your Freedom of Information Request
I refer to your request of 20 March 2023, to the Classification Board (the Board), seeking access to documents
under the Freedom of Information Act 1982 (FOI Act).
1
Your request
You requested access to:

“documentation relating to the classification of the following Titles published by Rockstar Games
- Grand Theft Auto III (File Number T01/2716)
- Grand Theft Auto: San Andreas (File Number T04/3701)
- Bonaire (Classification Number 102341867)”
1.1  Clarification/Modification of scope of request
On  31  April  2023,  following  consultation  with  you,  you  agreed  to  modify  the  scope  of  your  request  to  the
following:
“-  Grand  Theft  Auto  III  (File  Number  T01/2716)  :  Classification  Board  Decision  Record  (Including
Applications,  Board  Reports  and  Certificates),  Classifier  Blues/Censor  Notes  and  Authorised  Assessor
Recommendation Reports regarding the refusal of Classification between November 1st and December
31st 2001, along with the same nature of documents regarding the Title's subsequent reclassification in
January  2002.  Furthermore,  I  am  also  requesting  any  correspondence  between  the  Classification
Board/OFLC and the Publisher (Rockstar Games/Take 2 Interactive Software) during this time that was
influential to the Classification’s Board decision making.
- Grand Theft Auto: San Andreas (File Number T04/3701) : Classification Board Decision Record,
(Including Application, Board Reports and Certificates), Classifier Blues/Censor Notes and Authorised
Assessor Recommendation Reports regarding the revoked/refused classification of the title in August
2005, along with the same nature of documents regarding the Title's subsequent reclassification in
September 2005. Furthermore, I am requesting any correspondence between the Classification
Board/OFLC and the Publisher (Rockstar Games/Take 2 Interactive Software) during this time that was
influential to the Classification’s Board decision making.
- Bonaire (Classification Number 102341867) : All Documents relevant and relating to this Title’s
refusal of Classification.”
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2
Authority to make decision
I am authorised to make decisions in relation to Freedom of Information requests under section 23(1) of the
FOI Act.
3
Material taken into consideration
In making my decision, I had regard to the following:
•  the terms of your request
•  the content of the documents captured by your request
•  the provisions of the FOI Act
•  the guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
(the FOI Guidelines)
•  advice  from  departmental  officers  with  responsibility  for  the  subject  matter  contained  in  the
documents captured by your request
•  submissions  from  third  parties  consulted  about  documents  which  contain  information  concerning
them
4
Decision
I have identified 73 documents that are relevant to your request. These documents were in the possession of
the Board when your request was received.
I have decided to:
•  grant access in full to relevant information in 41 documents
•  grant partial access to 32 documents
A  schedule  setting  out  the  documents  relevant  to  your  request,  with  my  decision  in  relation  to  those
documents, is at ATTACHMENT A.
My reasons for refusing access to information that is relevant to your request are set out below.
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Finding of facts and reasons for decision
My findings of fact and reasons for deciding that the exemptions identified in the schedule of documents apply
to the parts of documents are set out below.
5.1  Section 47F – Documents affecting personal privacy
Section 47F of the FOI Act provides that a document is conditionally exempt if its disclosure would involve the
unreasonable disclosure of personal information about any person (including a deceased person).
Personal Information
Personal  information  has  the  same  meaning  as  in  the  Privacy  Act.  Specifically,  section  6  of  the  Privacy  Act
provides  that  personal  information  means  information  or  an  opinion  about  an  identified  individual,  or  an
individual who is reasonably identifiable whether the information or opinion is true or not; and whether the
information or opinion is recorded in a material form or not.
Paragraph  6.131 of the  FOI  Guidelines  states  that  for  particular  information  to be  personal  information,  an
individual must be identified or reasonably identifiable.
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Paragraph 6.130 of the FOI Guidelines states that personal information can include a person’s name, address,
telephone number, date of birth, medical records, bank account details, taxation information and signature.
An individual is a natural person rather than a corporation, trust, body politic or incorporated association.
I  am  satisfied  that  parts  of  the  documents marked  ‘s47F’  includes  personal  information  about  a  number  of
individuals.
Unreasonable Disclosure of Personal Information
Section  47F(2)  of  the  FOI  Act  provides  that,  in  determining  whether  the  disclosure  would  involve  the
unreasonable disclosure of personal information, I must have regard to the following matters:
(a)
the extent to which the information is well known
(b)
whether the person to whom the information relates is known to be (or to have been) associated
with the matters dealt with in the document
(c)
the availability of the information from publicly accessible sources
(d)
any other matters that the agency or Minister considers relevant.
Paragraph 6.138 of the FOI Guidelines states that:
The  personal  privacy  exemption  is  designed  to  prevent  the  unreasonable  invasion  of  third  parties’
privacy. The  test  of  ‘unreasonableness’  implies  a  need  to  balance  the  public  interest  in  disclosure  of
government-held information and the private interest in the privacy of individuals. The test does not,
however,  amount  to  the  public  interest  test  of  s  11A(5),  which  follows  later  in  the  decision  making
process. It is possible that the decision maker may need to consider one or more factors twice, once to
determine if a projected effect is unreasonable and again when assessing the public interest balance.
I note that the AAT, in Re Chandra and Minister for Immigration and Ethnic Affairs [1984] AATA 437 at paragraph
259, stated that:
... whether a disclosure is ‘unreasonable’ requires … a consideration of all the circumstances, including
the nature of the information that would be disclosed, the circumstances in which the information was
obtained, the likelihood of the information being information that the person concerned would not wish
to have disclosed without consent, and whether the information has any current relevance … it is also
necessary in my view to take into consideration the public interest recognised by the Act in the disclosure
of information … and to weigh that interest in the balance against the public interest in protecting the
personal privacy of a third party ...
Paragraphs 6.142 and 6.143 of the FOI Guidelines state:
6.142
Key factors for determining whether disclosure is unreasonable include:
•  the author of the document is identifiable
•  the documents contain third party personal information
•  release of the documents would cause stress on the third party
•  no public purpose would be achieved through release
6.143
As discussed in the leading s 47F IC review decision of ‘FG’ and National Archives of Australia
[2015] AICmr 26, other factors considered to be relevant include:
•  the nature, age and current relevance of the information
•  any detriment that disclosure may cause to the person to whom the information relates
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•  any opposition to disclosure expressed or likely to be held by that person
•  the circumstances of an agency’s collection and use of the information
•  the fact that the FOI Act does not control or restrict any subsequent use or dissemination
of information released under the FOI Act
•  any submission an FOI applicant chooses to make in support of their application as to their
reasons  for  seeking  access  and  their  intended  or  likely  use  or  dissemination  of  the
information, and
•  whether disclosure of the information might advance the public interest in government
transparency and integrity
I  am  satisfied  that  the  disclosure  of  personal  information  contained  within  the  documents  would,  in  the
circumstances, constitute an unreasonable disclosure of personal information for the following reasons:
•  the individuals whose personal information is contained in the documents are identifiable
•  release of this information would cause anxiety to the individuals concerned
•  no further public purpose would be achieved through the release of the personal information
•  the information is current and has not lost its sensitivity through the passage of time
•  the individuals would not expect the information to be placed in the public domain, and detriment
may be caused to the individuals to whom the information relates, and
•  the FOI Act does not control or restrict any subsequent use or dissemination of information released
under the FOI Act.
I have consulted with affected third parties regarding the disclosure of their personal information, and I have
considered any concerns raised by those individuals during the course of making my decision.
For  the  reasons  outlined  above,  I  decided  that  the  parts  of  the  documents  marked  ‘s47F’  are  conditionally
exempt from disclosure under section 47F of the FOI Act.
Where information is found to be conditionally exempt, I must give access to that information unless access at
this  time  would,  on  balance,  be  contrary  to  the  public  interest.  I  have  addressed  the  public  interest
considerations below.
5.2  Public interest considerations
Pursuant to section 11A(5) of the FOI Act, I must give access to conditionally exempt information unless access
to  that  information  at  that  time  would,  on  balance,  be  contrary  to  the  public  interest.  I  have  therefore
considered whether disclosure of the conditionally exempt information would be contrary to the public interest.
I note that paragraph 6.5 of the FOI Guidelines states that the public interest test is considered to be:
•  something that is of serious concern or benefit to the public, not merely of individual interest
•  not something of interest to the public, but in the interest of the public
•  not a static concept, where it lies in a particular matter will often depend on a balancing of interests
•  necessarily broad and non-specific and
•  relates  to matters of common concern or relevance to all members of the public, or a substantial
section of the public.
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Factors favouring disclosure
Section 11B of the FOI Act provides that factors favouring access to conditionally exempt information in the
public interest include whether access to that information would do any of the following:
•  promote the objects of the FOI Act (including all matters set out in sections 3 and 3A)
•  inform debate on a matter of public importance
•  promote effective oversight of public expenditure
•  allow a person to access his or her own personal information.
Having regard to the above, I consider that disclosure of the conditionally exempt information at this time:
•  would provide access to documents held by an agency of the Commonwealth which would promote
the objects of the FOI Act by providing the Australian community with access to information held by
the Australian Government.
•  would not inform debate on a matter of public importance
•  would not promote effective oversight of public expenditure
•  would not allow you access to your own personal information.
Factors weighing against disclosure
I consider that the following factors weigh against disclosure of the conditionally exempt information at this
time, on the basis that disclosure:
•  could reasonably be expected to prejudice the protection of a number of individuals’ right to personal
privacy
o  I note that the substance of the information that is relevant to your request has been released to
you and disclosure of the personal information would not provide you with any further insight into
the workings of government beyond that substantive information
In making my decision, I have not taken into account any of the irrelevant factors set out in section 11B(4) of
the FOI Act, which are:
(a)
access  to  the  conditionally  exempt  information  could  result  in  embarrassment  to  the
Commonwealth Government, or cause a loss of confidence in the Commonwealth Government
(b)
access  to  the  conditionally  exempt  information  could  result  in  any  person  misinterpreting  or
misunderstanding that information
(c)
the author of the document was (or is) of high seniority in the agency to which the request for
access to the document was made
(d)
access to the conditionally exempt information could result in confusion or unnecessary debate.
Conclusion – disclosure is not in the public interest
For the reasons set out above, after weighing all public interest factors for and against disclosure, I decided
that, on balance, disclosure of the conditionally exempt information would be contrary to the public interest. I
am satisfied that the benefit to the public resulting from disclosure of the conditionally exempt information is
outweighed by the benefit to the public of withholding that information.
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5.3  Section 22 – deletion of irrelevant and/or exempt material
Section 22 of the FOI Act applies to documents containing irrelevant and/or exempt material and allows an
agency to delete such material from a document.
I decided that the documents captured by your request contain material which can reasonably be regarded as
irrelevant to your request. As such, an edited copy of those documents has been prepared in accordance with
section 22(1)(a)(ii) of the FOI Act. This information is marked ‘s22’ in the documents released to you.
The  documents  contain  personal  identifiers  of  public  servants.  When  your  request  was  acknowledged,  we
notified you that personal information of public servants below the SES level and all email addresses, signatures
and direct telephone numbers would be considered irrelevant to the scope of your request unless you told us
that you were expressly seeking access to that information. On the basis that you did not notify us otherwise,
I decided this information is irrelevant to your request and it has been deleted under section 22 of the FOI Act
as outlined above.
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Legislative provisions
The  FOI  Act,  including  the  provisions  referred  to  in  my  decision,  are  available  on  the  Federal  Register  of
Legislation website: www.legislation.gov.au/Series/C2004A02562.
7
Your review rights
Your review rights in relation to this decision are set out at ATTACHMENT B.
8
Publication of material released under the FOI Act
Where I have decided to release documents to you, the Department may also publish the released material on
its Disclosure Log. The Department will not publish personal or business affairs information where it would be
unreasonable to do so.
For  your  reference  the  Department’s  Disclosure  Log  can  be  found  here:  www.infrastructure.gov.au/about-
us/freedom-information/freedom-information-disclosure-log.
Further information
If  you  require  further  information  regarding  this  decision,  please  contact  the  Department’s  FOI  Section
at xxx@xxxxxxxxxxxxxx.xxx.xx.
Yours sincerely

Fiona Jolly
Authorised Decision Maker
Classification Board
2 June 2023

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ATTACHMENT A.
SCHEDULE OF DOCUMENTS FOI 23-209
Doc  Num
Date of
Description of document
Decision on access
Provision
No.  of
document
of FOI
Pages
Act
1.
  4
24/09/2004
Grand Theft Auto San Andreas Board
Access granted to
s22
Blues 1
relevant information
in full
2.
  4
24/09/2004
Grand Theft Auto San Andreas Board
Access granted to
s22
Blues 2
relevant information
in full
3.
  2
24/09/2004
Grand Theft Auto San Andreas Board
Access granted to
s22
Blues 3
relevant information
in full
4.
  5
24/09/2004
Grand Theft Auto San Andreas Board
Access granted to
s22
Blues 2
relevant information
in full
5.
  4
24/09/2004
Grand Theft Auto San Andreas Board
Access granted to
s22
Report
relevant information
in full
6.
  2
01/10/2004
Grand Theft Auto San Andreas
Access granted in part
s22
Classification Certificate
s47F
7.
  2
29/07/2005
Grand Theft Auto San Andreas
Access granted in part   s22
Classification Certificate
s47F
8.
  4
09/08/2005
Grand Theft Auto San Andreas Board
Access granted to
s22
Report 2
relevant information
in full
9.
  2
16/08/2005
Grand Theft Auto San Andreas
Access granted to
s22
Revocation Certificate
relevant information
in full
10.
  4
12/09/2005
Grand Theft Auto San Andreas Board
Access granted to
s22
Report 3
relevant information
in full
11.
  2
12/09/2005
Grand Theft Auto San Andreas
Access granted in part   s22
Classification Certificate 2
s47F
12.
  6
05/10/2014
GTA San Andreas Blues 5
Access granted to
s22
relevant information
in full
13.
  8
05/10/2014
GTA San Andreas Blues 6
Access granted to
s22
relevant information
in full
14.
  6
06/10/2014
GTA San Andreas Board Report 4
Access granted to
s22
relevant information
in full
15.
  2
06/10/2014
Grand Theft Auto San Andreas
Access granted in part   s22
Classification Certificate 3
s47F
16.
  1
24/09/2004
GTA San Andreas Classification Board
Access granted to
s22
Decision Report
relevant information
in full
17.
  1
05/09/2005
GTA San Andreas Classification Board
Access granted to
s22
Decision Report 2
relevant information
in full
7

Doc  Num
Date of
Description of document
Decision on access
Provision
No.  of
document
of FOI
Pages
Act
18.
  1
12/09/2005
GTA San Andreas Classification Board
Access granted to
s22
Decision Report 3
relevant information
in full
19.
  1
18/09/2001
GTA III Review Certificate
Access granted in part   s22
s47F
20.
  3
24/10/2001
GTA III Blues 1
Access granted to
s22
relevant information
in full
21.
  2
24/10/2001
GTA III Blues 2
Access granted to
s22
relevant information
in full
22.
  1
24/10/2001
GTA III Blues 3
Access granted to
s22
relevant information
in full
23.
  1
24/10/2001
GTA III Blues 4
Access granted to
s22
relevant information
in full
24.
  3
24/10/2001
GTA III Board report 1
Access granted to
s22
relevant information
in full
25.
  3
22/10/2001
GTA III Board report 2
Access granted to
s22
relevant information
in full
26.
  2
28/11/2001
GTA III Class Cert 1
Access granted in part
s22
s47F
27.
  2
16/01/2002
GTA III Blues 5
Access granted to
s22
relevant information
in full
28.
  3
16/01/2002
GTA III Blues 6
Access granted to
s22
relevant information
in full
29.
  1
16/01/2002
GTA III Blues 7
Access granted to
s22
relevant information
in full
30.
  1
16/01/2002
GTA III Blues 8
Access granted to
s22
relevant information
in full
31.
  1
15/01/2002
GTA III Blues 9
Access granted to
s22
relevant information
in full
32.
  1
16/01/2002
GTA III Blues 10
Access granted to
s22
relevant information
in full
33.
  1
16/01/2002
GTA III Blues 11
Access granted to
s22
relevant information
in full
34.
  3
16/01/2002
GTA III Board report 3
Access granted to
s22
relevant information
in full
35.
  3
17/01/2002
GTA III Class Cert 2
Access granted in part   s22
s47F
8

Doc  Num
Date of
Description of document
Decision on access
Provision
No.  of
document
of FOI
Pages
Act
36.
  6
25/09/2019
GTA III Blues 12
Access granted to
s22
relevant information
in full
37.
  4
25/09/2019
GTA III Blues 13
Access granted to
s22
relevant information
in full
38.
  6
25/09/2019
38 - GTA III Blues 14
Access granted to
s22
relevant information
in full
39.
  4
26/09/2019
GTA III Board report 4
Access granted to
s22
relevant information
in full
40.
  1
28/10/2001
GTA III Decision report 1
Access granted to
s22
relevant information
in full
41.
  1
17/01/2002
GTA III Decision report 2
Access granted to
s22
relevant information
in full
42.
  3
25/08/2021
GTA III Board report 5
Access granted to
s22
relevant information
in full
43.
  2
25/08/2021
GTA III Class Cert 3
Access granted in part   s22
s47F
44.
  2
26/09/2019
GTA III Class Cert 4
Access granted in part
s22
s47F
45.
  3
23/08/2021
GTA III Blues 15
Access granted to
s22
relevant information
in full
46.
  5
23/08/2021
GTA III Blues 16
Access granted to
s22
relevant information
in full
47.
  4
23/08/2021
GTA III Blues 17
Access granted to
s22
relevant information
in full
48.
  1
23/08/2021
Bonaire - classification information
Access granted to
s22
notified by International Age Rating
relevant information
Coalition
in full
49.
  2
29/07/2005
Notification of revocation of GTA San
Access granted in part   s22
Andreas
s47F
50.
21
29/07/2005
Distributor response to intent to
Access granted in part
s47F
revoke  GTA San Andreas
51.
  2
12/07/2005
Letter to distributor regarding
Access granted in part   s22
investigation of GTA San Andreas
s47F
52.
  2
26/07/2005
Email to Board from investigator
Access granted in part
s22
regarding content of GTA San Andreas
s47F
53.
  5
22/07/2005
Later Email to Board from investigator
Access granted in part   s22
regarding content of GTA San Andreas
s47F
; letter from Board to distributor
54.
  4
22/07/2005
Draft letter from Board to distributor
Access granted in part
s22
re GTA San Andreas
s47F
9

Doc  Num
Date of
Description of document
Decision on access
Provision
No.  of
document
of FOI
Pages
Act
55.
  3
22/07/2005
Earlier Email to Board from
Access granted in part   s22
investigator regarding content of GTA
s47F
San Andreas
56.
  1
13/07/2005
Letter from distributor to Board
Access granted in part
s47F
regarding content of GTA San Andreas
57.
  1
13/07/2005
Faxed copy of letter from distributor
Access granted in part   s47F
to Board regarding content of GTA San
Andreas
58.
  2
12/07/2005
Distributor response to initial
Access granted in part
s22
notification of investigation of GTA
s47F
San Andreas
59.
10
12/07/2005
Initial notification to distributor of
Access granted in part   s22
investigation of GTA San Andreas
s47F
60.
  9
22/08/2004
GTA San Andreas application 1
Access granted in part
s47F
61.
  5
24/10/2014
GTA San Andreas application 2
Access granted in part   s47F
62.
  6
29/10/2014
GTA San Andreas application 2
Access granted in part
s22
supporting info
s47F
63.
43
24/10/2014
GTA San Andreas application 2 game
Access granted in full
N/A
details
64.
15
18/08/2005
GTA San Andreas application 3
Access granted in part
s47F
65.
  3
11/10/2001
GTA III Application 1
Access granted in part   s47F
66.
  4
11/10/2001
GTA III Application 1 gameplay
Access granted in full
N/A
67.
  4
29/11/2001
GTA III Review Application
Access granted in part   s22
s47F
68.
  6
11/12/2001
GTA III applicant submission to review
Access granted in part
s47F
69.
  2
18/12/2001
GTA III draft review decision
Access granted in part   s22
s47F
70.
  2
12/12/2001
GTA III applicant objection to review
Access granted in part
s22
decision
s47F
71.
11
11/11/2001
GTA III review decision reasons
Access granted in part   s22
s47F
72.
  3
10/01/2002
GTA III Application 2
Access granted in part
s22
s47F
73.
10
18/09/2019
GTA III Application 3
Access granted in part   s22
s47F
10

ATTACHMENT B.
YOUR REVIEW RIGHTS
If you are dissatisfied with my decision, you may apply for a review of it.
Information Commissioner review or complaint
You have the right to seek a review by the Information Commissioner of this decision.
An application for IC review must be made in writing to the Office of the Australian Information Commissioner
(OAIC) within 60 days of the decision.
If you are not satisfied with the way we have handled your FOI request, you can lodge a complaint with the
OAIC. However, the OAIC suggests that complaints are made to the agency in the first instance.
While there is no particular form required to make a complaint to the OAIC, the complaint should be in writing
and set out the reasons for why you are dissatisfied with the way your request was processed. It should also
identify the Department of Infrastructure, Transport, Regional Development, Communications and the Arts as
the agency about which you are complaining.
You can make an IC review application or make an FOI complaint in one of the following ways:
•  online at www.oaic.gov.au/freedom-of-information/reviews-and-complaints/
•  via email to xxxxx@xxxx.xxx.xx
•  by mail to GPO Box 5218 Sydney NSW 2001, or
•  by fax to 02 9284 9666.
More information about the Information Commissioner reviews and complaints is available on the OAIC website
here: www.oaic.gov.au/freedom-of-information/foi-review-process.

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