FOI 24 02 Decision Letter.PDF.pdf

OFFICIAL

Ref: FOI 24/02

1 August 2023

Alex Pentland
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Alex,
Decision in relation to your Freedom of Information (FOI) Request – FOI 24/02
I refer to your FOI request dated 13/07/2023 requesting access to National Anti-Corruption
Commission (Commission) documents under the Freedom of Information Act 1982 (Cth) (FOI
Act).
I am an authorised decision maker under s 23(1) of the FOI Act. This letter sets out my
decision.
Scope of request
You requested documents possessed by the Commission as fol ows:
This is a Freedom of Information Request for the purposes of the Freedom of
Information Act 1982.
I seek access to the Style Guide for the National Anti-Corruption Commission.
On 26/07/2023, a FOI officer wrote to you acknowledging receipt of your request.
I confirm that I have interpreted your request broadly in searching for documents and
assessing whether they are in the scope of your request.
Summary of decision
I am satisfied al  reasonable steps have been undertaken to find the documents you have
requested.
Searches were conducted in accordance with the information you provided  – for example,
searches were conducted on the Commission’s record management system and internal
intranet using terms such as “Style Guide”, “Style Guidelines” and “Style Manual”.
I have identified 1 document within the scope of your request.
I have decided to grant ful  access to this document and a short set of reasons for this
decision is at Attachment A.

GPO Box 605
P. (02) 6141 2300
CANBERRA ACT 2601
F. (02) 6141 2351
ABN 47 446 409 542
E. xxxxxxx@xxxx.xxx.xx
nacc.gov.au

OFFICIAL

OFFICIAL


A schedule of documents is at Attachment B.
Review rights
If you are dissatisfied with my decision, you may seek a review of it. Your review rights are
outlined in Attachment C.
Relevant provisions
I have outlined relevant provisions of the FOI Act at Attachment D.
A ful  version is available online at https://www.legislation.gov.au/Series/C2004A02562.
Further information
If you have any questions or would like to discuss this decision, please respond in one of the
fol owing ways:
Email  xxx@xxxx.xxx.xx
Post  FOI Coordinator

National Anti-Corruption Commission

GPO Box 605

CANBERRA ACT  2601
Phone  (02) 6141 2300 (request to speak with an FOI Officer)

Yours sincerely

Zephyr
FOI Officer

Page 2 / 13

OFFICIAL

OFFICIAL


ATTACHMENT A – REASONS FOR DECISION
Material considered
I have considered the fol owing material in making this decision:
•
Your request
•
the FOI Act, and
•
the FOI Guidelines issued by the Information Commissioner under s 93A of the FOI Act
(https://www.oaic.gov.au/freedom-of-information/foi-guidelines/).
Findings of fact and reasons for decision
I have interpreted your request for the ‘Style Guide for the National Anti-Corruption
Commission’ as being a request for any document used by the Commission to establish
standards for writing, formatting and designing Commission products.
The schedule at Attachment B outlines documents within the scope of this request. This
schedule contains one document, the NACC Branding Guidelines.
I have decided to grant access in ful  to this document, in line with the objectives of the FOI
Act which are to give the Australian community access to information held by the Government
in order to:
•
increase public participation in Government processes, with a view to promoting
better-informed decision-making
•
increase scrutiny, discussion, comment and review of the Government’s activities
•
increase recognition that information held by the Government is to be managed for
public purposes, and is a national resource, and
•
facilitate and promote public access to information, promptly and at the lowest
reasonable cost.
In this regard, I also confirm that the Commission uses the Government Style Manual which
can be found online at: https://www.stylemanual.gov.au.

Page 3 / 13

OFFICIAL

OFF
ICIAL
ATTACHMENT B – SCHEDULE OF DOCUMENTS
Doc  Description
Decision
Exemptions
01  NACC Branding  Guidelines
Access granted
N/A
4
OFFICIAL

OFFICIAL

ATTACHMENT C: REVIEW RIGHTS
You are entitled to:
•  apply for an internal review of the decision
•  apply to the Information Commissioner for a review of the decision, and
•  make a complaint to the Information Commissioner about the conduct of an agency
under the FOI Act.
If you intend to seek review, you are encouraged to apply for an internal review first as this
may be quicker than an Information Commissioner review. You would stil  be able to
subsequently seek an Information Commissioner review.
Internal review
Under s 54 of the FOI Act, you may apply to the Commission for an internal review of this
decision.
An application must be made in writing within 30 days of receiving this notice. No particular
form is required to apply although it wil  assist your case if you set out your reasons for
seeking a review.
If you intend to seek an internal review of this decision, please email your application to
xxx@xxxx.xxx.xx.
Information Commissioner review
Under s 54L of the FOI Act, you may apply to the Information Commissioner for a review of
this decision.
An application for Information Commissioner review must be made in writing within 60 days
of receiving this notice. If you apply for internal review, you will have a right to apply to the
Information Commissioner to review the decision made on review within 60 days of receiving
notice of that decision.
If you intend to seek an Information Commissioner review of this decision, you can apply in
one of the fol owing ways:
•  Online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode
=ICR_10
•  Email:  xxxxx@xxxx.xxx.xx
•  Post:  Director of FOI Dispute Resolution
GPO Box 5218
Sydney NSW 2001
•  Fax:  02 9284 9666
Further information about Information Commissioner reviews is available at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-
commissioner-review/.
Information Commissioner investigation of complaint
Under s 70 of the FOI Act, you may lodge a complaint with the Information Commissioner
about an action taken by an agency in the performance of functions or exercise of powers
under the FOI Act.
A complaint must be made in writing and identify the agency (and the Commission, if your
complaint relates to the conduct of a different agency).

GPO Box 605
P. (02) 6141 2300
CANBERRA ACT 2601
F. (02) 6141 2351
ABN 47 446 409 542
E. xxxxxxx@xxxx.xxx.xx
nacc.gov.au


OFFICIAL

OFFICIAL


The Information Commissioner has discretion within s 73 of the FOI Act to investigate the
complaint.
You can lodge a complaint in one of the fol owing ways:
•  Online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode
=ICCA_1
•  Email:  xxxxx@xxxx.xxx.xx
•  Post:  Director of FOI Dispute Resolution
GPO Box 5218
Sydney NSW 2001
•  Fax:  02 9284 9666
Further information about making an FOI complaint to the Information Commissioner is
available at https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-
an-foi-complaint/

Page 6 of 13

OFFICIAL

OFFICIAL


ATTACHMENT D – RELEVANT FOI ACT PROVISIONS
Making decisions under the FOI Act
9A Functions and powers under this Part
In performing a function, or exercising a power, under this Part, an agency must have regard
to:
(a)  the objects of this Act (including al  the matters set out in sections 3 and 3A); and
(b)  guidelines issued by the Information Commissioner for the purposes of this paragraph
under section 93A.
3 Objects—general
(1)  The objects of this Act are to give the Australian community access to information held
by the Government of the Commonwealth, by:
(a)  agencies to publish the information; and
(b)  providing for a right of access to documents.
(2)  The Parliament intends, by these objects, to promote Australia’s representative
democracy by contributing towards the fol owing:
(a)  increasing public participation in Government processes, with a view to promoting
better-informed decision-making;
(b)  increasing scrutiny, discussion, comment and review of the Government’s
activities.
(3)  The Parliament also intends, by these objects, to increase recognition that information
held by the Government is to be managed for public purposes, and is a national
resource.
(4)  The Parliament also intends that functions and powers given by this Act are to be
performed and exercised, as far as possible, to facilitate and promote public access to
information, promptly and at the lowest reasonable cost.
93A Guidelines
(1)  The Information Commissioner may, by instrument in writing, issue guidelines for the
purposes of this Act.
Note:
For variation and revocation of the instrument, see subsection 33(3) of
the Acts Interpretation Act 1901.
(2)  For the purposes of the performance of a function, or the exercise of a power, under
this Act, regard must be had to any guidelines issued by the Information Commissioner
under this section including, but not limited to, guidelines issued for the purposes of the
fol owing provisions:
(a)  paragraph 9A(b) (information publication scheme);
(b)  11B(5) (public interest factors);
(c)
subsection 15(5A) (decisions on requests).
11 Right of access
(1)  Subject to this Act, every person has a legal y enforceable right to obtain access in
accordance with this Act to:
(a)  a document of an agency, other than an exempt document; or
(b)  official document of a Minister, other than an exempt document.
(2)  Subject to this Act, a person’s right of access is not affected by:

Page 7 of 13

OFFICIAL

OFFICIAL


(a)  any reasons the person gives for seeking access; or
(b)  the agency’s or Minister’s belief as to what are his or her reasons for seeking
access.
11A Access to documents on request
Scope
(1)  This section applies if:
(a)  a request is made by a person, in accordance with subsection 15(2), to an agency
or Minister f or access to:
(i)
a document of the agency; or
(i )  an official document of the Minister; and
(b)  any charge that, under the regulations, is required to be paid before access is
given has been paid.
(2)  This section applies subject to this Act.
Note:
Other provisions of this Act are relevant to decisions about access to
documents, for example the fol owing:
(a)   section 12 (documents otherwise available);
(b)   section 13 (documents in national institutions);
(c)   section 15A (personnel records);
(d)   section 22 (access to edited copies with exempt or irrelevant matter deleted).
Mandatory access—general rule
(1)  The agency or Minister must give the person access to the document in accordance with
this Act, subject to this section.
Exemptions and conditional exemptions
(2)  The agency or Minister is not required by this Act to give the person access to the
document at a particular time if, at that time, the document is an exempt document.
Note:
Access may be given to an exempt document apart from under this Act,
whether or not in response to a request (see section 3A (objects—
information or documents otherwise accessible)).
(3)  The agency or Minister must give the person access to the document if it is conditional y
exempt at a particular time unless (in the circumstances) access to the document at
that time would, on balance, be contrary to the public interest.
Note 1:
Division 3 of Part IV provides for when a document is conditional y exempt.
Note 2:
A conditional y exempt document is an exempt document if access to the
document would, on balance, be contrary to the public interest (see
section 31B (exempt documents for the purposes of Part IV)).
Note 3:
Section 11B deals with when it is contrary to the public interest to give a
person access to the document.
(4)  Despite subsection (5), the agency or Minister is not required to give access to the
document at a particular time if, at that time, the document is both:
(a)  a conditional y exempt document; and
(b)  an exempt document:
(i)
under Division 2 of Part IV (exemptions); or
(i )  within the meaning of paragraph (b) or (c) of the definition of  exempt
document in subsection 4(1).

Page 8 of 13

OFFICIAL

OFFICIAL


23 Decisions to be made by authorised persons
(1)  Subject to subsection (2), a decision in respect of a request made to an agency may be
made, on behalf of the agency, by the responsible Minister or the principal officer of the
agency or, subject to the regulations, by an officer of the agency acting within the scope
of authority exercisable by him or her in accordance with arrangements approved by the
responsible Minister or the principal officer of the agency.
(2)  A decision in respect of a request made to a court, or made to a tribunal, authority or
body that is specified in Schedule 1, may be made on behalf of that court, tribunal,
authority or body by the principal officer of that court, tribunal, authority or body or,
subject to the regulations, by an officer of that court, tribunal, authority or body acting
within the scope of authority exercisable by him or her in accordance with arrangements
approved by the principal officer of that court, tribunal, authority or body.
26 Reasons and other particulars of decisions to be given
(1)  Where, in relation to a request, a decision is made relating to a refusal to grant access
to a document in accordance with the request or deferring provision of  access to a
document, the decision-maker shal  cause the applicant to be given notice in writing of
the decision, and the notice shal :
(a)  state the findings on any material questions of fact, referring to the material on
which those findings were based, and state the reasons for the decision; and
(aa)   in the case of a decision to refuse to give access to a conditional y exempt
document—include in those reasons the public interest factors taken into
account in making the decision; and
Note:
Access must general y be given to a conditional y exempt document unless
it would be contrary to the public interest (see section 11A).
(b)  where the decision relates to a document of an agency, state the name and
designation of the person giving the decision; and
(c)
give to the applicant appropriate information concerning:
(i)
his or her rights with respect to review of the decision;
(i )  his or her rights to make a complaint to the Information Commissioner in
relation to the decision; and
(i i)  the procedure for the exercise of the rights referred to in subparagraphs (i)
and (i );
including (where applicable) particulars of the manner in which an application for
internal review (Part VI) and IC review (Part VII) may be made.
(1A)  Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to
a decision referred to in subsection (1).
(2)  A notice under this section is not required to contain any matter that is of such a nature
that its inclusion in a document of an agency would cause that document to be an
exempt document.
Internal review
53A What is an access refusal decision?
An access refusal decision is any of the fol owing decisions:
(a)  a decision refusing to give access to a document in accordance with a request;
(b)  a decision giving access to a document but not giving, in accordance with the
request, access to al  documents to which the request relates;
(c)
a decision purporting to give, in accordance with a request, access to al
documents to which the request relates, but not actual y giving that access;

Page 9 of 13

OFFICIAL

OFFICIAL


(d)  a decision to defer the provision of access to a document (other than a document
covered by paragraph 21(1)(d) (Parliament should be informed of contents));
(e)  a decision under section 29 relating to imposition of a charge or the amount of a
charge;
(f)
a decision to give access to a document to a qualified person under
subsection 47F(5);
(g)  a decision refusing to amend a record of personal information in accordance with
an application made under section 48;
(h)  a decision refusing to annotate a record of personal information in accordance
with an application made under section 48.
Note:
If a decision is not made on a request under section 15 within the time
required by that section, a decision is taken to have been made to refuse to
give access to a document in accordance with the request (see
section 15AC).
54 Internal review—access refusal decision
(1)  This section applies if an access refusal decision is made in relation to a request to  an
agency for access to a document, other than a decision made personal y by the principal
officer of the agency or the responsible Minister.
(2)  The applicant in relation to the request may apply under this Part for the review
(the internal review) of the access refusal decision.
54B Internal review—application for review
(1)  An application for internal review must be in writing and must be made:
(a)  within 30 days, or such further period as the agency al ows, after the day the
decision is notified to the applicant for internal review (the internal review
applicant); or
(b)  in the case of an access refusal decision of a kind mentioned in paragraph 53A(b),
(c) or (f), within whichever of the fol owing is the longer period:
(i)
30 days, or such further period as the agency al ows, after the day the
decision is notified to the internal review applicant;
(i )  15 days after the day the access referred to in that paragraph was given (or
purported to be given).
(2)  A decision by an agency to al ow a further period for making an application may be
made whether or not the time for making such an application has already expired.
(3)  The agency’s power to al ow a further period for making an application may be
exercised by an officer of the agency who is:
(a)  acting within the scope of  authority exercisable by him or her; and
(b)  acting in accordance with arrangements approved by the responsible Minister or
principal officer of the agency.
Information Commissioner review
54L IC reviewable decisions—access refusal decisions
(1)  An application may be made to the Information Commissioner for a review of a decision
covered by subsection (2).
(2)  This subsection covers the fol owing decisions:
(a)  an access refusal decision;

Page 10 of 13

OFFICIAL

OFFICIAL


(b)  a decision made by an agency on internal review of an access refusal decision
(see section 54C);
(c)
a decision refusing to al ow a further period for making an application for internal
review of an access refusal decision (under section 54B).
Note 1:
An application for the review of an access refusal decision made for the
purposes of paragraph (a) may be made regardless of whether the decision
was the subject of internal review.
Note 2:
If no decision is made on internal review within 30 days, a decision to affirm
the original access refusal decision is taken to have been made (see
section 54D).
(3)  The IC review application may be made by, or on behalf of, the person who made the
request to which the decision relates.
54N IC review applications—application
Content of application
(1)  An IC review application must be in writing, and must:
(a)  give details of how notices under this Part may be sent to the IC review applicant
(for example, by providing an electronic address to which notices may be sent by
electronic communication); and
(b)  include a copy of the notice given under section 26 of the IC reviewable decision
for which an IC review is sought.
Note:  For who may make an IC review application, see sections 54L and 54M.
(2)  The IC review application may contain particulars of the basis on which the IC review
applicant disputes the IC reviewable decision.
(3)  The Office of the Australian Information Commissioner must provide appropriate
assistance to a person who:
(a)  wishes to make an IC review application; and
(b)  requires assistance to prepare the IC review application.
Delivery of application
(4)  The IC review application must be sent to the Information Commissioner. The IC review
application may be sent in any of the fol owing ways:
(a)  delivery to the Information Commissioner at the address of the Information
Commissioner specified in a current telephone directory;
(b)  postage by pre-paid post to an address mentioned in paragraph (a);
(c)
sending by electronic communication to an electronic address specified by the
Information Commissioner.
54S IC review applications—time limits
Access refusal decisions
(1)  An IC review application in relation to a decision covered by subsection 54L(2) (access
refusal decisions) must be made within 60 days after the day notice of the IC
reviewable decision was given under section 26.
Access grant decisions
(2)  An IC review application in relation to a decision covered by subsection 54M(2) (access
grant decisions) must be made within 30 days after:
(a)  if a decision is made on internal review of the decision—the day notice of the
decision under section 54C was given to the affected third party for the document
in relation to which the decision is made; or

Page 11 of 13

OFFICIAL

OFFICIAL


(b)  otherwise—the day notice under section 26A, 27 or 27A was given to the affected
third party for the document in relation to which the decision was made.
Note:
For affected third party, see section 53C.
Information Commissioner investigations
70 Information Commissioner investigations—making complaints
(1)  A person (the complainant) may complain to the Information Commissioner about an
action taken by an agency in the performance of functions, or the exercise of powers,
under this Act.
(2)  A complaint must:
(a)  be in writing; and
(b)  identify the agency (also the respondent agency) in respect of which the
complaint is made.
(3)  The Office of the Australian Information Commissioner must provide appropriate
assistance to a person who:
(a)  wishes to make a complaint; and
(b)  requires assistance to formulate the complaint.
72 Information Commissioner investigations—preliminary inquiries
The Information Commissioner may make inquiries of the respondent agency for the purpose
of determining whether or not to investigate a complaint made (or purported to be made)
under section 70.
73 Information Commissioner investigations—discretion not to investigate
The Information Commissioner may decide not to investigate, or not to continue to
investigate, a complaint about an action made under section 70 if the Information
Commissioner is satisfied of any of the fol owing:
(a)  that the action is not taken by an agency in the performance of the agency’s
functions or the exercise of the agency’s powers under this Act;
(b)  that:
(i)
the complainant has or had a right to cause the action to be reviewed by the
respondent agency, the Information Commissioner, a court or a tribunal;
and
(i )  the complainant has not exercised, or did not exercise, the right; and
(i i)  it would be, or would have been, reasonable for the complainant to exercise
the right;
(c)
that:
(i)
the complainant has or had a right to complain about the action to another
body; and
(i )  the complainant has not exercised, or did not exercise the right; and
(i i)  it would be, or would have been, reasonable for the complainant to exercise
the right;
(d)  that the complainant has complained to the respondent agency, and the
respondent agency:
(i)
has dealt, or is dealing, adequately with the complaint; or
(i )  has not yet had an adequate opportunity to deal with the complaint;

Page 12 of 13

OFFICIAL

OFFICIAL


(e)  that the complaint is frivolous, vexatious, misconceived, lacking in substance or
not made in good faith;
(f)  that the complainant does not have a sufficient interest in the subject matter of
the complaint.
Note:  The Information Commissioner may make a decision under this section to
investigate only part of a complaint (see section 71).
74 Information Commissioner investigations—transfer to Ombudsman
Scope
(1)  This section applies if the Information Commissioner is satisfied that a complaint about
an action could be more effectively or appropriately dealt with:
(a)  by the Ombudsman under the Ombudsman Act 1976; or
(b)  by the Ombudsman under a particular Norfolk Island enactment.
Example 1:  A complaint about the way in which the Information Commissioner
has dealt with an IC review.
Example 2:  A complaint relates to an action under this Act, but is part of a
complaint that relates to other matters that can be more
appropriately dealt with by the Ombudsman.
Transfer of complaints to Ombudsman
(2)  The Information Commissioner:
(a)  must consult the Ombudsman about the complaint with a view to avoiding
inquiries being conducted into that matter by both the Information Commissioner
and the Ombudsman; and
(b)  may decide not to investigate the action, or not to continue to investigate the
action.
(3)  If the Information Commissioner decides not to investigate, or not to continue to
investigate, the action under paragraph (2)(b), the Information Commissioner must:
(a)  transfer the complaint to the Ombudsman; and
(b)  give the Ombudsman any information or documents that relate to the complaint in
the possession, or under the control, of the Information Commissioner; and
(c)
notify the complainant in writing that the complaint has been transferred.
(4)  A notice under paragraph (3)(c) must state the reasons for the Information
Commissioner’s decision.
(5)  If paragraph (1)(a) applies, a complaint transferred under subsection (3) is taken to be
a complaint made to the Ombudsman under the Ombudsman Act 1976.
(6)  If paragraph (1)(b) applies, a complaint transferred under subsection (3) is taken to be
a complaint made to the Ombudsman under the Norfolk Island enactment concerned.
Note:
The Information Commissioner may make a decision under this section to
investigate only part of a complaint (see section 71).

Page 13 of 13

OFFICIAL