OFFICIAL
FOI-2025-80162
23 December 2025
Mr Robert Surname Not Given By Email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Robert,
Freedom of Information Request – Access Decision
1. On 1 December 2025, you made a Freedom of information request (
FOI Request)
to the Office of the Commonwealth Ombudsman (
our Office) for information
under the
Freedom of Information Act 1982 (
FOI Act). You asked for (in
bold):
On 21 September 2020, the investigator of Professor Peter Tregear's complaint about
an inadequately handled PID (Ombudsman's reference 2019-402149) noted the
following:
Our Office will consider whether it is appropriate to make any further comments or
suggestions to the ANU under section 12(4) of the Ombudsman Act with a view to
improving future administration of the public interest disclosure scheme.”
I request access to any and all documents setting out “further comments or
suggestions to the ANU under section 12(4) of the Ombudsman Act” arising from the
investigation, under the Ombudsman Act 1976 (Cth), that was terminated by the
Ombudsman's delegate.
2. I have interpreted ‘further’ to mean documents that contains comments or
suggestions made after the date of 21 September 2020. There was one complaint
that matches the timeframes and circumstances that you described. There is one
document that consists of our Office's comments and suggestions which was
provided after 21 September 2020.
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Decision
3. This letter constitutes notice of my decision on your request for access. I am an
officer authorised under s 23 of the
FOI Act to make decisions in relation to FOI
requests.
4. When processing an FOI request, an agency is required to ensure that all
reasonable steps have been taken to find documents within the scope of the FOI
request in accordance with s 24A of the
FOI Act.
5. Searches have been undertaken of our case management and record
management systems, using key words for any documents this Office may hold,
that would fall 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.
6. I have identified one document relevant to your request, to which I refuse access
in full.
Material taken into account
7. In making my decision I had regard to the following:
• the terms of your request;
• the content of the documents to which you sought access;
• consultations with relevant Commonwealth Ombudsman staff members;
• outcome of searches;
• relevant provisions of the
FOI Act; and
• guidelines issued by the Office of the Australian Information Commissioner
(
OAIC) under s 93A of the
FOI Act, available at
www.oaic.gov.au (
FOI
Guidelines).
Reasons for decision
8. Where the schedule of documents at
Attachment A indicates that an exemption
has been applied to a document, or part of a document, my findings of fact and
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reasons for deciding that the exemption provision applies to that document, or
part of that document, are set out below.
Exemption - documents affecting law enforcement: s37
9. Section 37 of the
FOI Act exempts documents from release if their release, would
or could reasonably be expected to affect law enforcement or public safety.
Subsection 37(1)(a) states that a document is an exempt document if its
disclosure under this Act would, or could reasonably be expected to:
prejudice the conduct of an investigation of a breach, or possible breach, of the
law, or a failure, or possible failure, to comply with a law relating to taxation or
prejudice the enforcement or proper administration of the law in a particular
instance.
10. I am satisfied that, the document within the scope of your request contains
information, if disclosed, could prejudice the enforcement, or the proper
administration, of the law in this particular instance.
11. I consider that this exemption can extend to the administration of the
Public
Interest Disclosure Act, in particular the administration of receiving and
investigating complaints about the handling of public interest disclosures (
PIDs).
I consider that disclosing our Office's comments and suggestions to agencies in
particular PID investigations may prejudice the working relationship between our
Office and other agencies. Therefore, I consider releasing the document would or
could reasonably be expected to prejudice the proper administration of the PID
scheme in this instance.
Conditional exemption - Certain operations of agencies: s 47E(d)
12. Section 47E(d) of the
FOI Act conditionally 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.
13. I have reviewed the document within the scope of your FOI request and find them
to contain Ombudsman communication with another agency in the PID
complaints process.
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14. The Commonwealth Ombudsman has a very particular role in relation to the PID
scheme. This includes receiving and investigating complaints about the handling
of PID.
15. It is central to the Office’s role of investigating PIDs, that our Office’s staff members
are able to thoroughly review and assess handling complaints about PIDs; and to
communicate with other agencies in a frank and fulsome manner. Should the
Office do something, such as disclosing our Office's comments and suggestions
with other agencies to unrelated third-parties individuals, the willingness of
agencies to provide information related to PIDs would be compromised.
16. As a result, we would reasonably expect there to be a chilling effect on our Office’s
role of investigating PIDs and PID complaints. Accordingly, this would reasonably
have a substantial adverse effect on the Office's proper and efficient conduct of
investigating complaints in relation to the handling of PIDs.
17. 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.
Disclosure unreasonable
18. Section 11A(5) of the
FOI Act provides that while an agency must give a person
access to documents if it is conditionally exempt, access may be refused if the
document's disclosure would, on balance, be contrary to the public interest.
19. In deciding whether or not access should be given to this information, on the basis
that it is in the public interest to do so, I have taken into account the public interest
factors for and against disclosure in s 11B(3) of the
FOI Act and the FOI Guidelines
at paragraphs [6.229-6.231] and [6.232].
20. I consider increased transparency and accountability in government decision
making processes to be a public interest factor favouring disclosure. However, I
am of the view that the factors not in favour of disclosure include that:
• the public detriment that will arise if the Office and the Australian National
University (
ANU) are compromised in their ability to conduct PID
investigations, for example through the inhibiting of the future supply of
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information to both agencies and the resulting prejudice to their ability to
obtain confidential information and similar information in the future;
• the detriment to the Office's reputation and its relationships with other
government agencies and the public. For example, agencies, may no
longer wish to fully cooperate with our Office, if we were to publicly disclose
our comments about an agency in the contact of PID investigations;
• the risks of harm that may arise in relation to the release of PID material to
third-party, unrelated individuals to the PID investigation; and
• the detriment to the Office's and ANU's ability to perform its statutory
functions.
21. I consider the factors against disclosure, outweigh the factors in favour, and find
disclosure of the relevant information would, on balance, be contrary to the public
interest. 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 - Personal privacy: s 47F
22. Section 47F of the
FOI Act conditionally exempts a document to the extent that its
disclosure would involve the unreasonable disclosure of personal information
about any person.
23. Subsection 4(1) of the
FOI Act states that personal information has the same
meaning as in s 6 of the
Privacy Act 1988 (Cth). Personal information means:
Information or an opinion about an identified individual, or an individual who is
reasonably identifiable:
(a) whether the information is true or not, and
(b) whether the information is recorded in a material form or not.
24. The documents responsive to your request that contains personal information in
the form of names and contact details of ANU and Commonwealth Ombudsman
staff members; and the name of a third-party individual.
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25. The personal information of the third-party individual relates to the person who
made the PID. This is a matter of personal privacy for that individual. As you are
not the PID discloser, you are not privy to this information.
26. I am satisfied that the relevant information is personal information under section
4 of the
FOI Act as it is material about individuals and the individuals are
identifiable or reasonably identifiable from the relevant information.
Disclosure unreasonable
27. If information is personal information, it will be conditionally exempt if its disclosure
would be ‘unreasonable.’ In considering whether disclosure would be
unreasonable, s 47F(2) of the
FOI Act requires me to take into account:
• the extent to which the information is well 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;
• the availability of the information from publicly accessible sources;
and
• any other matter I consider relevant.
28. In relation to the personal information of the agencies' staff members, this
information is not well known. The individuals to whom the information relates are
not generally known to be associated with the relevant information and the
relevant information is not readily available from public sources. Additionally,
releasing the personal information of the agencies' staff members may expose
them to inappropriate or unsolicited contact which members of the public, which
would be to their detriment. This further supports that disclosure of the personal
information would be unreasonable.
29. I find that release of the personal information mentioned above would involve the
unreasonable disclosure of personal information under s 47F(1) of the
FOI Act.
Disclosure not in the public interest
30. Section 11A(5) of the
FOI Act provides that while an agency must give a person
access to documents if it is conditionally exempt, access may be refused if the
document's disclosure would, on balance, be contrary to the public interest.
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31. In deciding whether or not access should be given to this information, on the basis
that it is in the public interest to do so, I have taken into account the public interest
factors for and against disclosure in s 11B(3) of the
FOI Act and the FOI Guidelines
at paragraphs [6.229-6.231] and [6.232].
32. I have not identified any particular public interest factors supportive of disclosing
personal information which has been captured by this request. Disclosure would
not otherwise increase scrutiny, discussion or comment around decision making
or increase public participation in Government processes.
33. I consider the following factors weigh against disclosure:
a. the disclosure could reasonably be expected to prejudice the protection
of a person’s right to privacy;
b. the disclosure of the staff members' personal information could
reasonably be expected to impede the agencies' health and safety
obligations under the
Work Health and Safety Act 2011 (Cth), as
disclosure may result in unsolicited contact; and
c. the fact that such personal information is not on the public record or
otherwise available from publicly accessible sources.
34. I have given considerable weight to the protection of the individual's right to
privacy, the proper means of contact for agency staff, and relevant work, health,
and safety obligations. I conclude on balance; disclosure of the personal
information is not in the public interest and have decided to withhold access to
this material pursuant to s 47F of the
FOI Act.
Internal review
35. You can request internal review within 30 days of you receiving this decision. An
internal review will be conducted by a different officer from the original decision-
maker.
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:
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• 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 will afterward have a right to apply
for Information Commissioner review (
IC review) of the internal review decision.
IC review
38. You also have the right to seek IC review of this decision. An application for IC
review must be made in writing within 60 days of the decision.
39. 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.
40. 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.
41. You can make an IC review application or make an FOI complaint in one of the
following ways:
• online at https://www.oaic.gov.au/freedom-of-information/reviews-
and-complaints/
• via email to
xxxxx@xxxx.xxx.xx
• by mail to GPO Box 5218 Sydney NSW 2001, or
• by fax to 02 9284 9666.
42. More information about the Information Commissioner reviews and complaints is
available at its website
: www.oaic.gov.au/freedom-of-information/foi-review-
process.
Contact
43. You may contact me a
t xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx
Yours sincerely
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Richard
Legal Officer
Legal Team
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Attachment A
Schedule of Documents -FOI-2025-80162
Document
Date
Description of Document
Page
Decision on
Exempt or irrelevant information
Number
Numbers access
1.
15 December External Ombudsman Letter
1-2
Access Refused
Section 37(1)(a) - Exemption - Documents affecting law
2020
enforcement and public safety
Section 47E(d) - Conditional exemption - certain operations of
agencies
Section 47F – Conditional Exemption – Personal privacy
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Document Outline
