Our reference: FOIREQ23/00196
Attention: CR
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Freedom of Information Request – FOIREQ23/00196
Dear CR,
I refer to your request for access to documents made under the
Freedom of
Information Act 1982 (Cth) (the FOI Act). Your Freedom of Information (FOI request)
was received by the Office of the Australian Information Commissioner (OAIC) on 18
September 2023.
I am writing to inform you of my decision.
Background
Scope of your request
Your FOI request sought access to the following information:
Dear OAIC - FOI,
I apologize for the lack of clarity in my previous email. Please accept this letter as a new FOI
request. I seek access to specific documents under the FOI Act.
For context, please refer to OAIC Reference FOIREQ23/000156 or visit
https://www.righttoknow.org.au/request/internal_oaic_documents_relating#incoming-32045.
I am seeking access to the fol owing documents:
1. Document 17 - "making and assessing FOI Complaints worksheet"
2. Document 18 - " worksheet on deemed access refusal matters"
3. Document 19 - "worksheet on registration and triage"
4. Document 20 - "worksheet on extension of time matters"
5. Document 44 - "Direction as to certain procedures to be fol owed in IC reviews: for
agencies/ministers"
6. Document 45 - "Direction as to certain procedures to be fol owed in IC reviews: for applicants"
I kindly request that these documents be provided in their final version without any changes
highlighted. This can be accomplished by temporarily turning off the "track changes" feature in
Microsoft Word. For more information on how to do this, please refer to the fol owing link:
1300 363 992
T +61 2 9942 4099
GPO Box 5288
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 6123 5145
Sydney NSW 2001
ABN 85 249 230 937
https://support.microsoft.com/en-au/office/video-track-changes-and-show-markup-3faf8a07-
26ed-4b76-b6a0-43cca013e6d3.
As I am specifically requesting versions of documents with less information than what has
already been released in ful , I hope that you can administratively release these documents to
me. To clarify, I am requesting access to documents on which you have already made a decision
for full access, but in a version without changes, highlighting, comments, or other markups. It
would be redundant to spend additional time making a decision on documents that have
already been released in their entirety.
If my request requires further clarification, please do not hesitate to contact me. Alternatively,
kindly provide me with a phone number where I can reach you to discuss the scope of this
request.
Yours sincerely,
CR
On 19 September 2023 you sent the following correspondence in relation to your
request:
‘Dear OAIC - FOI,
Alternatively, you could release the documents in their native Microsoft Word .docx format.
Whichever option is more convenient for you.
Kind regards,
CR’
On 21 September 2023 the OAIC acknowledged receipt of your FOI request.
Request timeframe
Your request was made on 18 September 2023.
This means that a decision on your request is due to be decided by 18 October 2023.
In accordance with section 26(1)(a) of the FOI Act, the reasons for my decision and
findings on material questions of fact are provided below.
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Decision
Material taken into account
In making my decision, I have had regard to the following:
• your FOI request dated 18 September 2023 and subsequent correspondence
on 19 September 2023;
• the FOI Act;
• the Guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act to which regard must be had in performing a
function or exercising a power under the FOI Act (FOI Guidelines);
• consultation with line areas of the OAIC in relation to your request
I am an officer authorised under section 23(1) of the FOI Act to make decisions in
relation to FOI requests on behalf of the OAIC.
Searches Undertaken
The FOI Act requires that all reasonable steps have been taken to locate documents
within scope of an FOI request.
The following line areas of the OAIC conducted reasonable searches for documents
relevant to you request:
• FOI Dispute Resolution Group
Searches were conducted across the OAIC’s various document storage systems
including:
• the OAIC’s case management system - Resolve
• the OAIC’s document holding system – Content Manager
• OAIC’s email system
• general computer files
Having consulted with the relevant line areas and undertaken a review of the records
of the various search and retrieval efforts, I am satisfied that a reasonable search has
been undertaken in response to your request.
Decision
I have identified 6 documents within the scope of your request. I have made a
decision to grant access in full to all documents.
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Release of documents
The documents are identified in the attached schedule of documents and attached.
I note that as part of your request, you have requested draft documents which are
‘
provided in their final version without any changes highlighted’. I can advise that all
marked-up changes have been removed from the documents and provided to you.
However, this does not mean that the documents are in their final form. The
documents have simply had the marked-up changes removed and the documents are
still not in their final form.
Disclosure log decision
Section 11C of the FOI Act requires agencies to publish online document released to
members of the public within 10 days of release, except if they contain personal or
business information that would be unreasonable to publish.
I am of the view that the documents identified within the scope of your request do not
contain personal or business information that would be unreasonable to publish.
Accordingly, the documents will be published on the disclosure log.
Please see the following page for information about your review rights.
Yours sincerely,
Emily Elliott
Senior Lawyer
18 October 2023
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If you disagree with my decision
Internal review
You have the right to apply for an internal review of my decision under Part VI of the FOI Act.
An internal review will be conducted, to the extent possible, by an officer of the OAIC who
was not involved in or consulted in the making of my decision. If you wish to apply for an
internal review, you must do so in writing within 30 days. There is no application fee for
internal review.
If you wish to apply for an internal review, please mark your application for the attention of
the FOI Coordinator and state the grounds on which you consider that my decision should be
reviewed.
Applications for internal reviews can be submitted to:
Office of the Australian Information Commissioner
GPO Box 5288
SYDNEY NSW 2001
Alternatively, you can submit your application by email t
o xxx@xxxx.xxx.xx, or by fax on 02
9284 9666.
Further review
You have the right to seek review of this decision by the Information Commissioner and the
Administrative Appeals Tribunal (AAT).
You may apply to the Information Commissioner for a review of my decision (IC review). If
you wish to apply for IC review, you must do so in writing within 60 days. Your application
must provide an address (which can be an email address or fax number) that we can send
notices to, and include a copy of this letter. A request for IC review can be made in relation to
my decision, or an internal review decision.
It is the Information Commissioner’s view that it will usually not be in the interests of the
administration of the FOI Act to conduct an IC review of a decision, or an internal review
decision, made by the agency that the Information Commissioner heads: the OAIC. For this
reason, if you make an application for IC review of my decision, and the Information
Commissioner is satisfied that in the interests of administration of the Act it is desirable that
my decision be considered by the AAT, the Information Commissioner may decide not to
undertake an IC review.
Section 57A of the FOI Act provides that, before you can apply to the AAT for review of an FOI
decision, you must first have applied for IC review.
Applications for IC review can be submitted online at:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_10
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Alternatively, you can submit your application to:
Office of the Australian Information Commissioner
GPO Box 5288
SYDNEY NSW 2001
Or by email t
o xxxxx@xxxx.xxx.xx, or by fax on 02 9284 9666.
Accessing your information
If you would like access to the information that we hold about you, please contact
xxx@xxxx.xxx.xx. More information is available on the Access our information page on our
website.
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Document Outline
