LEX 78207 (LEX 76729) - MR23/01526 - Attachment G - Page 1 of 5
From:
OAIC - FOI DR
To:
FREEDOMOFINFORMATION
Subject:
MR23/01526 Notice of IC review application and request for documents [SEC=OFFICIAL]
Date:
Monday, 5 February 2024 1:39:52 PM
Attachments:
MR23 01526 Notice of IC Review.pdf
form-receipt.pdf
LEX 76729 Decision Letter (1).pdf
Attachment A Practical refusal submissions.pdf
Caution: Do not click any links or open any attachments unless you trust the sender and believe the
content to be safe.
Our reference: MR23/01526
Agency reference: LEX 76729
FOI Coordinator
Services Australia
By email: xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx
Notice of IC review application and request for documents (OAIC ref no
MR23/01526)
Dear FOI Contact Officer
Please find attached the notice of IC review and request for documents.
The Information Commissioner will share the submissions you provide during IC review with the
applicant unless there are compelling reasons not to. However, we do not provide the applicant with
copies of the documents at issue. Should you wish to provide submissions in confidence, please refer
to the IC Review Procedure Direction which sets out the process for making such a request.
Please note, we are trialling a new approach for IC reviews that relate to practical refusals.
Instead of the standard 54Z document, which refers agencies to paragraph 10.100 of the FOI
guidelines to determine what information we require, this version is more specific about the
information we are seeking. Further, we have included Attachment A—an editable PDF—in an effort
to simplify the process for agencies.
Our aim is to help guide agencies to providing the specific information we will be focusing on in this
type of IC review, with a view to resolving these types of IC reviews more quickly.
I would be grateful if you could please provide us with any feedback about this approach. While we
have set the due date for documents as 29 March 2024, we would welcome any feedback well before
this time, in case we can implement any improvements that will make the process easier for agencies.
Regards,
Heath
Heath Baker (He/him)
Director
| FOI Branch
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
| oaic.gov.au
+61 2 9942 4062
| 0437 362 560
| xxxxx.xxxxx@xxxx.xxx.xx
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land,
waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
LEX 78207 (LEX 76729) - MR23/01526 - Attachment G - Page 2 of 5
Notice:
The information contained in this email message and any attached files may be confidential
information, and may also be the subject of legal professional privilege. If you are not the
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LEX 78207 (LEX 76729) - MR23/01526 - Attachment G - Page 3 of 5
LEX 78207 (LEX 76729) - MR23/01526 - Attachment G - Page 4 of 5
• An estimation of the number of hours processing time involved, and a breakdown of
this time to demonstrate what this is based on.
• Evidence of document sampling, if undertaken. If no sampling was undertaken,
submissions addressing why a sample of the documents requested was not
examined.1
• The names and contact details of anyone who was consulted by the Respondent,
formally under ss 15(7), 26A 27A, or informally (including consultations with other
government agencies)
• Submissions in support of the Respondent’s decision, in particular why the
Respondent considers that processing the request would involve both a substantial
and unreasonable diversion of resources 2. Completion of the form set out at
Attachment A will be taken as submissions in support of the practical refusal reason.
Please provide this information to xxxxx@xxxx.xxx.xx by
29 March 2024.
Where the Respondent no longer maintains a practical refusal reason exists
If the Respondent reconsiders its decision that a practical refusal reason exists in relation to
the processing of the applicant’s request, the Respondent should notify the OAIC as soon as
possible. The Respondent has two options to assist the Information Commissioner resolve
the IC Review:
1. If the review parties have reached an agreement as to the terms of a decision on an
IC review, the Information Commissioner may then make a decision in accordance
with those terms without completing the IC review (s 55F)3.
2. A short decision can be made under s 55K of the FOI Act putting into effect the
Respondent’s revised position4.
Obligations during the IC review process
The obligations of the Respondent during the IC review process are set out under:
− ss 55D, 55DA and 55Z of the FOI Act
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act (the FOI Guidelines)
1 See the FOI Guidelines at [3.121].
2 See
‘ACW’ and Australian National Maritime Museum (Freedom of information) [2023] AICmr 4 (1 February
2023) for further information about the relevant considerations in relation to these issues.
3 See the FOI Guidelines at [10.116] and sample agreement to settle Information Commissioner review
proceedings (s 55F).
4 Examples of such decisions are
Rex Patrick and Minister for Resources and Northern Australia (Freedom
of information) [2019] AICmr 13 (25 March 2019) and
'WF' and Australian Taxation Office (Freedom of
information) [2020] AICmr 63 (15 December 2020)
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LEX 78207 (LEX 76729) - MR23/01526 - Attachment G - Page 5 of 5
− Direction as to certain procedures to be followed in IC reviews issued under
s 55(2)(e)(i) of the FOI Act (Procedure Direction).
Yours sincerely
Will Martin
Intake and Early Resolution Team
Freedom of Information
Office of the Australian Information Commissioner
Enc: Attachment A, IC review application and decision under review.
2 February 2024
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