FOI ref: 2023/0172
11 September 2019
Caitlin
Via email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Caitlin,
Notice of Decision for Freedom of Information Request no. 2023/0172
The purpose of this letter is to give you a decision about access to documents that you
have requested under the
Freedom of Information Act 1982 (
FOI Act).
Summary
I am an of icer authorised under s 23(1) of the FOI Act to make decisions in relation to
FOI requests.
You lodged an FOI request on 20 August 2023 for access to:
“This application is made bearing in mind that the word ‘document’ in sections
11(1)(a) and (b) of the FOI Act are defined in section 4 (paragraph (a)(vi)) as
including ‘any record of information’ (emphasis added). In other words, the FOI
Act contemplates the provision of information even if it is not placed in a physical
or electronic document, in the natural sense of the word ‘document’.
1. At what point in time (day/month/year) did the email address
xxxxxxxxxx@xxx.xxx.xx become inactive?
2. At what point in time (day/month/year) did it cease to be possible to lodge
review applications through
https://aus01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.tribun
alonline.mrt-
rrt.gov.au%2F&data=05%7C01%7C%7C164c39b798b24813907b08dba16e5a8
e%7C1862f316d06041a3b8769e846c464c57%7C1%7C0%7C63828126757617
3834%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2lu
MzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=4M9
k7wofvGQuKtAxBX4O4PC5gRobcVDEqPe%2FUjSfKVw%3D&reserved=0?
3. What was/were the Tribunal’s complete physical address/es in the Norfolk
Island from 1 January 2021 to 31 December 2021?
4. What was/were the Tribunal’s complete physical address/es in the Northern
Territory from 1 January 2021 to 31 December 2021?”
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
In regard to question 1, I liaised directly with the Tribunal’s Information Technology
section, who advised me that the email address
xxxxxxxxxx@xxx.xxx.xx is not inactive
and remains an operative means of communicating with the Tribunal’s Registry.
On 8 September 2023 I sent you an email advising that the
xxxxxxxxxx@xxx.xxx.xx email
address is not inactive and asked you to review the information you requested to ensure
that this was the email address you intend to request information for. You responded and
advised that this email address was noted in error and amended the scope of this part of
the request to the email address
xxxxxxxx@xxxxxxx.xxx.xx.
As noted within your request, the definition of document in section 4 of the FOI Act is
broadly drafted to include “any other record of information”. However, this does not require
the Tribunal to create a document at the request of an FOI applicant. Therefore, I am
reading the scope of your request to include documents already in existence at the time
of writing this decision which contain the requested information.
To investigate the existence of any such document(s) within scope of your request I have
liaised with various sections of the Tribunal. As a result of this exercise, I have located a
document which was created for the purpose of a similar enquiry made to the Tribunal
outside of FOI. I am satisfied that this document is within scope of your request and
contains the information you seek.
The document I have located within scope includes:
- Response to L&P (Legal & Policy) enquiry
- Supplementary email providing more information on request
Decision
I have decided to grant you full access to the information contained within this document
which is within scope of your request.
In making my decision, I have taken the following into account:
• the content of the documents that fall within the scope of your request;
• the FOI Act, specifically sections 4 and 22;
• the guidelines issued by the Australian Information Commissioner under s 93A of
the FOI Act (
FOI Guidelines)
Editing of document to remove irrelevant matter – Section 22 of the FOI Act
Section 22 of the FOI Act applies where an agency decides that to give access to a
document would disclose information that would reasonably be regarded as irrelevant to
the request and it is possible to edit the document to ensure that all irrelevant
information is removed.
As previously noted, the information you seek was the subject of a recent enquiry made
to the L&P section and I have identified this document as containing information within
scope of your request. However, this document also contains information which I
consider to be irrelevant to your request because it relates to the administration of the
enquiry, and this is reasonably considered to be outside the scope of your request.
Therefore, I have decided that section 22 applies, and I have edited the document to
remove all irrelevant information.
Your review rights
Information about how you can apply for a review of this decision or complain about how
we have dealt with this matter is set out in the attached fact sheet, FOI 2.
If you have any questions about this decision, please contact me at
xxx@xxx.xxx.xx.
Yours sincerely,
Marta M
Authorised FOI Of icer (APS 6)
Attachments
FOI 2 – Information about reviews and complaints under the Freedom of Information Act
Information about reviews and complaints under the
Freedom of Information Act
What should I do prior to applying for internal review or contacting the
Office of the Australian Information Commissioner?
Before you apply for an internal review or contact the Office of the Australian Information
Commissioner, we recommend that you telephone the officer who made the FOI
decision. It is often possible to resolve concerns or answer your questions using this
approach and, if not, the officer wil be able to assist you in applying for review.
How do I apply for internal review to the AAT?
You can apply to us for an internal review of the FOI decision. The application for
internal review must be made within 30 days or such further period as we allow, after the
day the decision is notified to you. To apply for an internal review you must do so in
writing. You may also wish to explain why you are not satisfied with the decision. A
different and more senior officer authorised under the
Freedom of Information Act 1982
(the FOI Act) wil conduct the internal review and make a new decision within 30 days
after receipt of your application.
If you have already applied for internal review and want to seek a further review of that
decision, you wil need to apply to the Australian Information Commissioner.
How do I apply for review to the Australian Information Commissioner?
You may also apply directly to the Australian Information Commissioner for review of the
FOI decision. The application for review must be made within 60 days after the day
notice of the decision was given. An application for review must be in writing, include
details of how notices in relation to the review are to be sent to you and include a copy
of the decision. You may also wish to explain why you are not satisfied with the decision.
An online application form is available on the Of ice of the Australian Information
Commissioner’s website, details of which are provided below.
What if I want to make a complaint about the handling of a Freedom of
Information request?
If you have a complaint about the way in which we have processed your request for
access under the FOI Act you can ask the Australian Information Commissioner to
investigate. An online complaint form is available on the Office of the Australian
Information Commissioner’s website, details of which are provided below.
Where can I find further information or contact details for the Office of the
Australian Information Commissioner?
Further information is available on the Of ice of the Australian Information
Commissioner’s website at
www.oaic.gov.au and you can contact the office on 1300 363
992 or by email at
xxxxxxxxx@xxxx.xxx.xx..
FOI 2 (July 2016)
Document Outline
