4 October 2023
FOI ref: 3445
Brutus
By emai
l: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Brutus
FREEDOM OF INFORMATION REQUEST – DECISION
I refer to your request to the Treasury on 2 September 2023, for access under the
Freedom of
Information Act 1982 (the
FOI Act) to the following:
Despite an express object of the Public Interest Disclosure Act 2013 (Cth) requiring that
“disclosures by public officials are properly investigated and dealt with” (Public Interest
Disclosure Act 2013 (Cth), s 6(d)), under the Freedom of Information Act 1982 (Cth), I
request access to any and al documents in the possession of the Department of the
Treasury providing that it is permissible for an inadequate public interest disclosure
investigation to remain unremedied by officials in the agency to which an internal disclosure
under the Public Interest Disclosure Act 2013 (Cth) was allocated for investigation.
I am an authorised decision maker under section 23 of the FOI Act.
Decision
I arranged for officers to search Treasury records for material relevant to your request. No
documents were located. Accordingly, I am satisfied that no such documents exist.
As the Treasury holds no documents within the scope of your request, I am refusing your
request under section 24A(1) of the FOI Act.
Rights of Review
A statement setting out your rights of review in this matter is attached.
Yours sincerely
Amara Foster
A/g Assistant Secretary, Governance and Stakeholder Liaison
Corporate Division
Langton Crescent
Parkes ACT 2600
Australia
P: +61 2 6263 2800
INFORMATION ON RIGHTS OF REVIEW
1.
APPLICATION FOR INTERNAL REVIEW OF DECISION
Section 54 of the Freedom of Information Act gives you the right to apply for an internal
review of the decision refusing to grant access to documents in accordance with your request.
An application for a review of the decision must be made in writing within 30 days of receipt of
this letter.
No particular form is required but it would assist the decision-maker if you could set out in the
application the grounds on which you consider that the decision should be reviewed.
An application for a review of the decision should be emailed t
o xxx@xxxxxxxx.xxx.xx.
OR
2.
APPLICATION TO AUSTRALIAN INFORMATION COMMISSIONER (INFORMATION
COMMISSIONER) FOR REVIEW OF DECISION
Section 54L of the FOI Act gives you the right to seek a review of the decision from the
Information Commissioner. An application for review must be made within 60 days of
receiving the decision.
An application for review must be in writing and must:
– give details of how notices must be sent to you; and
– include a copy of the notice of decision.
You should send your application for review to:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
AND/OR
3.
COMPLAINTS TO THE INFORMATION COMMISSIONER
Section 70 of the FOI Act provides that a person may complain to the Information
Commissioner about action taken by an agency in the exercise of powers or the performance
of functions under the FOI Act.
A complaint to the Information Commissioner must be in writing and identify the agency the
complaint is about. It should be directed to the fol owing address:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
The Information Commissioner may decline to investigate the complaint in a number of
circumstances, including that you did not exercise your right to ask the agency, the
Information Commissioner, a court or tribunal to review the decision.
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Document Outline
