DPS ref: 13/3187
Ms Margot Kingston
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Kingston
I refer to your email dated 1 May 2013, in which you made the following request under the
Freedom of Information Act:
‘I recently published an article on the press gallery
(http://australiansforhonestpolitics.wordpress.com/2013/04/30/your-guide-to-the-
press-gallery-and-its-gatekeeper/), and several readers have asked for a list of present members and who they work for.
I understand you have that list because you are responsible for maintaining the
security pass database. I request a copy.’
I am an authorised decision-maker under section 23 of the FOI Act.
Consultation with third parties
You seek access to the list of present members of the Press Gallery and who they work for.
The FOI guidelines provide:
3.96 An agency or minister may need to consult a third party where documents
subject to a request affect Commonwealth–State relations (s 26A) or Norfolk Island
intergovernmental relations (s 26AA), are business documents (s 27) or are
documents affecting another person's privacy (s 27A).
3.97 Where an agency or minister is required to consult with a third party:
• the timeframe for making a decision is extended by 30 days
• any submissions by the third party must be considered
• the third party must be given notice of the decision and their review rights, and
• the applicant will only be given access to a document when the third party's
opportunities for review have run out.
I am satisfied that, for the purposes of section 27A (2) of the FOI Act, the names and
organisation details contained in the list are personal information. I have also determined
that the people listed in the document, as third parties to your request, might reasonably
wish to make an exemption contention.
Extension period
I am notifying you under section 15 (6) of the Act that I have determined that the
requirements of section 27A make it appropriate to extend the period for dealing with this
request by a further period of 30 days. The extension period ends on 30 June 2013.
Consideration of third party submissions and decision
The following FOI guidelines refer to the Act’s requirements relating to the consideration of
third party submissions in making a decision and the requirement that access to the
document cannot be given until third party review opportunities have run out.
Parliament House ● PO Box 6000 ACT 2600 Australia ● T: +61 2 6277 7111 ● ABN: 52 997 141 147
6.150 An agency or minister must have regard for any submissions made before
deciding whether to give access to the document (ss 27A(3) and 27A(4)). The third
party does not, however, have the right to veto access and agencies should take care
that the third party is not under such a misapprehension.
6.151 Where an agency or minister decides to give the applicant access to
documents, after a third party has provided a submission, they must give the third
party written notice (s 27A(5)). Access to a document must not be given to the
applicant until the third party’s opportunities for review have run out, or if review did
occur, the decision still stands (s 27A(6)).
If you wish to discuss the matter further, I may be contacted o
n xxxxxx.xxxxxx@xxx.xxx.xx Yours sincerely
D. M. Heriot
Parliamentary Librarian
29 May 2013
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