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Summary
1.
I have made a decision to release the document subject to your request.
Authority to make this decision
2.
I am an authorised decision-maker under section 23(1) of the Freedom of Information
Act 1982 (the FOI Act) and this letter sets out my decision on your request for access.
Background
3.
On 14 August 2023 you made a request for access to documents in the possession of
Infrastructure Australia. Your request sought access to the Style Guide for Infrastructure
Australia.
Charges for providing access
4.
The Freedom of Information (Fees and Charges) Regulations (Regulations) prescribes the
charges that can be levied in respect of a request for access to a document or the
provision of access to a document. These charges are set out in the Regulations and are
for search and retrieval of documents, decision making and provision of access (for
example, copying and postage).
5.
Sub-regulation 3(1) of the Regulations provides an agency with a discretion as to
whether it will impose any charge. In relation to this request, I have decided not to
impose a charge.
Documents subject to this request
6.
IA has undertaken a search of its records and has identified one document that falls within
the scope of your request which IA refers to as its “Brand Guideline”.
Decision
7.
I have made a decision to release the document relevant to your request.
Reasons for decision
8.
In making my decision, I have had regard to:
a)
the terms of your request;
b)
the documents to which you sought access;
c)
relevant provisions of the FOI Act;
d)
advice from IA staff with responsibility for matters relating to the documents to
which you sought access; and
e)
the Information Commissioner’s Guidelines (Guidelines)
f)
the response from the third party consulted as part of processing this request.
Statement of reasons
9.
I have decided to grant partial access to document within the scope of your request,
subject to the removal of irrelevant material in accordance with the FOI Act:
Irrelevant material
10.  Where the giving of access to a document would disclose information that would
reasonably be regarded as irrelevant to the request for access, section 22(1) of the FOI
Act provides that it is possible for an agency to prepare an edited copy of the document,
modified by deletions.  Where this section applies, section 11A provides that access to
the edited copy is required to be given.  Accordingly, the document to be released to you
has been modified by deletions (to remove irrelevant material).
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11.  In this case I consider irrelevant material to be personal information of agency
employees below Senior Executive Service (SES) level, which I consider information to be
outside the scope of your request.
Access to documents
12.  The document released to you in accordance with the FOI Act is enclosed.
Your rights of review
13.  If you disagree with your FOI decision, you can ask for the decision to be reviewed.
There are two ways you can ask for review of a decision: internal review by
Infrastructure Australia, and external review by the Office of the Australian Information
Commissioner (OAIC).
Internal Review
14.  You can ask IA to review its decision in relation to access to documents. There is no
charge for internal review. You must apply within 30 days of being notified of the
decision, unless IA extends the application time. You should contact IA if you wish to
seek an extension.
15.  IA must make a review decision within 30 days. If it does not do so, its original decision
is considered to be affirmed.  The review will be carried out by a different agency officer,
usually someone at a more senior level.
16.  You must apply in writing and you can lodge your application in one of the fol owing
ways:
Post: FOI Coordinator
Infrastructure Australia - Level 19/60 Martin Place, Sydney NSW 2000
Email: <xxx@xxxxxxxxxxxxxxxxxxxxxxx.xxx.xx>
Information Commissioner Review
17.  The OAIC is an independent office that can review the decisions of agencies and
ministers under the FOI Act and investigates complaints about agency actions.
18.  You can ask the OAIC to review Infrastructure Australia’s decision. You do not need to
seek an internal review from IA before seeking a review from the OAIC. However, going
through Infrastructure Australia’s internal review process gives us the opportunity to
reconsider the initial decision and your needs may be met more quickly without
undergoing an external review process.
19.  The OAIC’s review is free. You must apply to the OAIC within 60 days of being given
notice of the decision. You can ask the OAIC for an extension of time to apply, and this
may be granted if it considers it is reasonable in the circumstances.
20.  You must apply in writing and you can lodge your application in one of the fol owing
ways:
Online: <www.oaic.gov.au>
Post: Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Facsimile: (02) 9284 9666
Email: <xxxxxxxxx@xxxx.xxx.xx>
In person: Level 3, 175 Pitt Street, Sydney, NSW 2000
More information about your review rights under the FOI Act is available in Fact Sheet
12 published by the OAIC: <www.oaic.gov.au/freedom-of-information/foi-
resources/freedom-of-information-fact-sheets/foi-factsheet-12-your-review-rights>.
Contacts

21.  If you wish to discuss this decision, please contact Infrastructure Australia’s FOI
coordinator on 0400 784 770 or via email at <xxx@xxxxxxxxxxxxxxxxxxxxxxx.xxx.xx>.
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FOI
Schedule 2

Schedule of relevant provisions in the FOI Act

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 or the Government
of Norfolk Island, by:
(a)
requiring 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 following:
(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.

11  Right of access
(1)
Subject to this Act, every person has a legally enforceable right to obtain access
in accordance with this Act to:
(a)
a document of an agency, other than an exempt document; or
(b)
an 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:
(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 for access to:

(i)
a document of the agency; or

(ii)
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 following:
(a)
section 12 (documents otherwise available);
(b)
section 13 (documents in national institutions);
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(c)
section 15A (personnel records);
(d)
section 22 (access to edited copies with exempt or irrelevant matter
deleted).
Mandatory access—general rule
(3)
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
(4)
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)).

(5)
The agency or Minister must give the person access to the document if it is
conditionally 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 conditionally exempt.
Note 2:
A conditionally 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.

(6)
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 conditionally exempt document; and

(b)
an exempt document:

(i)
under Division 2 of Part IV (exemptions); or
(ii)
within the meaning of paragraph (b) or (c) of the definition of
exempt document in subsection 4(1).

11B Public interest exemptions—factors
Scope
(1)   This section applies for the purposes of working out whether access to a
conditionally exempt document would, on balance, be contrary to the public
interest under subsection 11A(5).
(2)   This section does not limit subsection 11A(5).
Factors favouring access
(3)   Factors favouring access to the document in the public interest include whether
access to the document would do any of the fol owing:
(a)
promote the objects of this Act (including all the matters set out in
sections 3 and 3A);
(b)
inform debate on a matter of public importance;
(c)
promote effective oversight of public expenditure;
(d)
allow a person to access his or her own personal information.
Irrelevant factors
(4)   The fol owing factors must not be taken into account in deciding whether access
to the document would, on balance, be contrary to the public interest:
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(a)
access to the document could result in embarrassment to the
Commonwealth Government, or cause a loss of confidence in the
Commonwealth Government;
(aa)   access to the document could result in embarrassment to the
Government of Norfolk Island or cause a loss of confidence in the
Government of Norfolk Island;
(b)
access to the document could result in any person misinterpreting or
misunderstanding the document;
(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 document could result in confusion or unnecessary debate.
Guidelines
(5)   In working out whether access to the document would, on balance, be contrary
to the public interest, an agency or Minister must have regard to any guidelines
issued by the Information Commissioner for the purposes of this subsection
under section 93A.

22  Access to edited copies with exempt or irrelevant matter deleted
Scope

(1)
This section applies if:
(a)
an agency or Minister decides:
(i)
to refuse to give access to an exempt document; or
(ii)
that to give access to a document would disclose information that
would reasonably be regarded as irrelevant to the request for
access; and
(b)
it is possible for the agency or Minister to prepare a copy (an edited
copy) of the document, modified by deletions, ensuring that:
(i)
access to the edited copy would be required to be given under
section 11A (access to documents on request); and
(ii)
the edited copy would not disclose any information that would
reasonably be regarded as irrelevant to the request; and
(c)
it is reasonably practicable for the agency or Minister to prepare the
edited copy, having regard to:
(i)
the nature and extent of the modification; and
(ii)
the resources available to modify the document; and
(d)
it is not apparent (from the request or from consultation with the
applicant) that the applicant would decline access to the edited copy.
Access to edited copy

(2)
The agency or Minister must:
(a)
prepare the edited copy as mentioned in paragraph (1)(b); and
(b)
give the applicant access to the edited copy.
Notice to applicant

(3)
The agency or Minister must give the applicant notice in writing:
(a)
that the edited copy has been prepared; and
(b)
of the grounds for the deletions; and
(c)
if any matter deleted is exempt matter—that the matter deleted is
exempt matter because of a specified provision of this Act.
(4)
Section 26 (reasons for decision) does not apply to the decision to refuse access
to the whole document unless the applicant requests the agency or Minister to
give the applicant a notice in writing in accordance with that section.

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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 shall cause the applicant to be given
notice in writing of the decision, and the notice shall:
(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 conditionally
exempt document—include in those reasons the public interest factors
taken into account in making the decision; and
Note:  Access must generally be given to a conditionally 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;
(ii)
his or her rights to make a complaint to the Information
Commissioner in relation to the decision; and
(iii)
the procedure for the exercise of the rights referred to in
subparagraphs (i) and (ii); 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.
(see section 11A).

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Document Outline