OFFICIAL
Our ref: FOI-2025-80098
24 September 2025
Robert By email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Robert
Freedom of Information request - Access decision
1. I refer to your request of 8 August 2025 to this Office under the
Freedom of
Information Act 1982 (
FOI Act) for access to documents in the fol owing terms:
Under the FOI Act 1982 (Cth), I request access to Penny McKay's notification of
resignation, and any other documents setting out her reasons for resignation.
2. On 3 September 2025, our Office emailed you to advise that in accordance with s
27A of the FOI Act, we identified the need to consult a third party on the basis that
the document/s sought in your request contained personal information and we
believed the individual may wish to contend that the requested documents are
exempt for reasons of personal privacy.
3. In our email we advised that the period for processing your FOI request would be
extended by 30 days to al ow for our Office to consult with an individual in
accordance with s 15(6) of the FOI Act.
Decision
4. This letter constitutes notice of my decision on your request for access. I am
authorised to make decisions on behalf of our Office under section 23 of the FOI Act.
5. When processing an FOI request, an agency is required to ensure that al
reasonable steps have been taken to find documents within the scope of the FOI
request in accordance with section 24A of the FOI Act.
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6. Searches have been undertaken of our record management systems, using key
words for any documents this Office may hold, that would fal within the scope of
your request. I have also undertaken consultation with staff within the Office with
knowledge relating to the subject matter of your request, who would be best placed
to identify where documents responsive to your request may be located to conduct
searches.
7. Our office has identified 1 document relevant to your request. I have decided to
grant access to this document in part.
8. A schedule setting out the relevant document is at
Attachment A.
Material taken into account
9. In making my decision I had regard to the fol owing:
• the terms of your request
• relevant provisions of the FOI Act
• internal consultation within the Office
• external consultation
• Guidelines issued by the Australian Information Commissioner under section
93A of the FOI Act, available at www.oaic.gov.au (
FOI Guidelines); and
• relevant case law and decisions.
Reasons for decision
Conditional Exemption – Personal Privacy – Section 47F
10. Section 47F of the FOI Act conditional y exempts a document where ‘its disclosure
would involve the unreasonable disclosure of personal information about any
person.’ I must give access unless access would, on balance, be contrary to the
public interest (s 11A(5)).
11. Personal information’ is defined in section 4 of the FOI Act to mean:
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information or an opinion about an identified individual, or an individual who is
reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or
not.
12. The partial y released document contains ‘personal information’ being, Ms Penny
McKay's signature and the ful name of an Attorney General’s Department Staff
member contained in an email address.
13. In considering whether disclosure would be unreasonable, subsection 47F(2) of the
FOI Act requires that I take into account:
• the extent to which the information is wel known
• whether the person to whom the information relates is known to be (or to
have been) associated with the matters dealt with in the document, and
• the availability of the information from publicly accessible sources, and any
other matter considered relevant.
14. With regards to the signature of Ms McKay, and the full name of an Attorney
General’s Department staff member, this information is not wel known, nor is it
readily available from public sources.
15. I find that release of such information would involve the unreasonable disclosure of
personal information, and the information is conditional y exempt under section
47F(1) of the FOI Act.
Public Interest
16. Section 11A(5) of the FOI Act provides that while an agency must give a person
access to a document if it is conditional y exempt, access may be refused if the
document’s disclosure would, on balance, be contrary to the public interest.
17. In deciding whether access would, on balance, be contrary to the public interest, I
have taken into account the public interest factors favouring disclosure set out at s
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11B(3) of the FOI Act, as wel as the FOI Guidelines at paragraphs 6.229 –6.233. I
confirm I have not taken into account any irrelevant factors.
18. Having considered factors favouring access in accordance with the FOI Act, I do not
consider any to be relevant in this instance.
19. I consider the following factors weigh against disclosure:
a. disclosure could reasonably be expected to prejudice the protection of a
person’s right to privacy
b. disclosure could prejudice the proper and efficient conduct of
communication channels within a Commonwealth Agency, and
c. the fact that such information is not on the public record or otherwise
available from publicly accessible sources
d. the disclosure could reasonably be expected to impede the Office’s work
health and safety obligations under the
Work Health and Safety Act 2011
(Cth), as disclosure of names may result in unsolicited contact.
20. I have given considerable weight to the protection of an individual's right to privacy,
and relevant work, health, and safety obligations, and find disclosure of personal
information would be unreasonable.
21. Pursuant to subsection 11A(5) of the FOI Act, I have concluded that this material is
not required to be disclosed because disclosure at this time would be, on balance,
contrary to the public interest.
Conditional Exemption – Certain operations of agencies: Section 47E(d)
22. Section 47E(d) of the FOI Act conditional y exempts a document if its disclosure
could reasonably be expected to:
(d) have a substantial adverse effect on the proper and efficient conduct of the
operations of the agency.
23. The partial y released document contains a group mailbox specifically for
correspondence with the Governor-General’s Office, which if disclosed, could
reasonably be expected to have a substantial adverse effect on the proper and
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efficient conduct of the Governor-General’s Office. The Governor-General’s Office
has established communication channels for members of the public, which have
been out in place to ensure the effective management of communications
received by the Governor-General’s Office. These channels include dedicated and
external y published positional mailboxes of different business areas. This ensures
that correspondence is effectively managed and appropriate resources al ocated
to manage communication channels.
24. If specific shared mailboxes email addresses were to be made publicly available, it
would likely compromise the functionality and efficiency of these contact routes, as
people would be able to circumvent the processes in place to channel
communication. This would result in internal teams being diverted from their
regular duties to refer correspondence to appropriate individuals.
25. I consider that disclosure of the information I have conditional y exempted in
accordance with s 47E(d) would:
• substantial y prejudice the Governor-General’s Office’s ability to manage
communication channels and will likely divert the Governor-General’s staff
resources from their expected operations, by causing staff to respond to
unsolicited contact;
26. Therefore, I consider that disclosing the relevant information would, or could
reasonably be expected to, have a substantial adverse effect on the proper and
efficient conduct of both agencies’ operations under s 47E(d) of the FOI Act.
Public interest
27. Section 11A(5) of the FOI Act provides an agency must give a person access to a
document that is conditionally exempt at a particular time, unless, in the
circumstances, disclosure would, on balance, be contrary to the public interest.
28. In considering whether access would, on balance, be contrary to the public interest,
I have considered the factors favouring disclosure as set out in s 11B(3) of the FOI
Act, and the factors against disclosure in the FOI Guidelines [6.229 – 6.233].
29. I have not identified any particular public interest for release, apart from the bare
provision of access to government-held information.
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30. With regards to disclosure of specific shared mailboxes, I am of the view that the
factors not in favour of disclosure include a decreased ability staff members of the
Governor-General’s Office to perform their roles and the likelihood of decreased
functionality of shared mailboxes.
31. I have given significant weight to the proper and efficient conduct of the Governor-
General’s Office.
32. Pursuant to subsection 11A (5) of the FOI Act, I have therefore concluded that the
material in the partial y released documents is not required to be disclosed.
Disclosure Log
33. Section 11C of the FOI Act requires our Office to publish documents released through
an FOI request on our website (FOI disclosure log) within 10 days of release, unless
an exception applies.
34. The disclosure log requirements do not apply to:
• personal information about any person if publication of that information
would be 'unreasonable'
• information about the business, commercial, financial or professional affairs
of any person if publication of that information would be 'unreasonable'
• other information covered by a determination made by the Ombudsman if
publication of that information would be 'unreasonable'
• any information if it is not reasonably practicable to publish the information
because of the extent of modifications that would need to be made to delete
the information listed in the above dot points.
35. Having regard to the nature of the information captured by your request, I have not
identified an exception to publication of the material and have decided to publish
the documents on the Office’s disclosure log. As a result, they wil be published on
our disclosure log within 10 days of the documents being released to you.
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Review rights
Internal review
36. No particular form is required to apply for review although it will assist your case to
set out the grounds on which you believe that the original decision should be
changed. Applications for internal review can be made:
• via email to
xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx
• by mail to Commonwealth Ombudsman GPO Box 442 Canberra ACT 2601
37. If you choose to seek an internal review, you wil afterward have a right to apply for
Information Commissioner review (IC review) of the internal review decision.
Information Commissioner review or complaint
38. You also have the right to seek IC review of this decision. For FOI applicants, an
application for IC review must be made in writing within 60 days of the decision. For
third parties who object to disclosure of their information, an application for IC
review must be made in writing within 30 days of the decision.
39. You can access information about how to apply for an Information Commissioner
review at
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-
information-rights/freedom-of-information-reviews/information-commissioner-
review
40. If you are not satisfied with the way we have handled your FOI request, you
can lodge a complaint with the OAIC. However, the OAIC suggests that complaints
are made to the agency in the first instance.
41. While there is no particular form required to make a complaint to the OAIC, the
complaint should be in writing and set out the reasons for why you are dissatisfied
with the way your request was processed. It should also identify the Ombudsman’s
Office as the agency about which you are complaining.
42. You can access information about how to make an FOI complaint at
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-
rights/freedom-of-information-complaints
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Contact
43. You may contact me via email at
xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx or via
telephone on 1300 362 072.
Yours sincerely
Alison
Legal Officer
Legal Team
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Attachment A
Doc
No
Description of
Total
Decision on
Exempt or irrelevant material Information redacted
document
pages Access
1.
Letter to Governor
1
Part access
Section 47F – public interest
Signature of Penny McKay
General
conditional exemption –
removed, direct email address of
personal privacy
an Attorney General’s staff
member removed.
Section 47E(d) – public interest
conditional exemption –
Removal of Governor General
certain operations of agencies shared mailbox.
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