In providing reasons for my FOI request, I kindly ask that you respond to
each part of this FOI request discretely. For example, in response to Part 1,
if there are two documents that are relevant, please note that there are two
relevant documents and then set out your reasons for granting access to or
not granting access to those documents. Under the Freedom of Information
Act 1982 (Cth):
Part 1
I request access to any and all written notices issued to the APSC, in
respect of IC review MR23/01386 (under paragraph 55R(3)(a) of the FOI
Act).
Part 2
I request access to any and all written notices issued to the APSC, in
respect of IC review MR23/01386, to produce documents specified in a
written notice (under paragraph 55R(3) of the FOI Act).
Part 3
I request access to any and all written notices issued to the APSC, in
respect of IC review MR23/01386, to conduct further searches for
documents (under paragraph 55V(2) of the FOI Act).
Part 4
I request access to any and all written notices issued to the APSC, in
respect of IC review MR23/01386, requiring a person to appear before the
Information Commissioner to answer questions for the purposes of the IC
review (under paragraph 55W(1) of the FOI Act).
Part 5
I request access to any and all written notices issued to the APSC, in
respect of IC review MR23/01386, requiring a person in the APSC to provide
an adequate statement of reasons as mentioned in subsection 26(1) of the
FOI Act (under paragraph 55E(2) of the FOI Act).
Part 6
Other than documents covered by parts 1 – 5 of this FOI request, I request
access to any and all correspondence sent to the APSC, or received from
the APSC, about IC review MR23/01386, from 30 November 2024 to 19
August 2025.
Request timeframe
Your request was made on 20 August 2025. Accordingly, a decision on your
request is due by 19 September 2025.
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Decision
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.
Subject to the following provisions of the FOI Act, I have made a decision to:
• grant full access to 2 documents, with irrelevant material removed as out
of scope.
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 searches for documents relevant
to your request:
• FOI Case Management Branch
Searches were conducted across the OAIC’s case management system, Resolve.
The following search terms were used when undertaking electronic records
searches:
• MR23/01386
Having consulted with the relevant line areas and undertaken a review of the
records of the search and retrieval efforts, I am satisfied that a reasonable search
has been undertaken in response to your request.
Reasons for decision
Material taken into account
In making my decision, I have had regard to the following:
• your FOI request dated 20 August 2025
• consultation with line area of the OAIC in relation to your request
• the FOI Act
• FOI Guidelines
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Access to edited copies with irrelevant and exempt matter
deleted (section 22)
In accordance with s 22 of the FOI Act, an agency must consider whether it would
be reasonably practicable to prepare an edited copy of the documents subject to
an FOI request, where material has been identified as exempt or irrelevant to the
request.
I have determined that one document contains material that is irrelevant to your
request (out of scope). The irrelevant material constitutes case file numbers of
matters unrelated to your request.
The irrelevant material has been removed in accordance with s 22(1)(a)(i) and (ii) of
the FOI Act.
Further information
Please note that, in relation to Parts 1 and 2 of your request, the OAIC generally
only issues section 55R notices if there is sustained non-compliance with other
notices to produce.
In relation to Part 3, there is no section 55V notice for this IC review as it is a
practical refusal matter.
In relation to Part 4, section 55W is not a power that is commonly exercised by the
IC.
In relation to Part 5, there is no section 55E notice as there was no issue raised in
the IC review about the adequacy of the Department’s statement of reasons.
The documents for release and a schedule of documents are attached.
Please see the following page for information about your review rights.
Yours sincerely
Emma
FOI Case Officer
18 September 2025
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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 review can be submitted email to xxx@xxxx.xxx.xx.
Alternatively, you can submit your internal review application by post to:
Office of the Australian Information Commissioner
GPO Box 5288
SYDNEY NSW 2001.
Further review
You have the right to seek review of this decision by the Information Commissioner
and the Administrative Review Tribunal (ART).
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.
Please note: 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 same agency which 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 it is not in the interests of administration of the FOI Act, and it is desirable
that my decision be referred or considered by the ART, the Information
Commissioner may decide not to undertake an IC review (refer section 54W of the
FOI Act).
Section 57A of the FOI Act provides that, before you can apply to the ART for review
of an FOI decision, you must first have applied for IC review.
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Applications for IC review can be submitted online at: IC Review application online
form.
Alternatively, you can submit your application to:
Office of the Australian Information Commissioner
GPO Box 5288
SYDNEY NSW 2001
Or by email to xxxxx@xxxx.xxx.xx.
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