2023/23608

“Karen”
Via email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear “Karen”
DECISION ON FREEDOM OF INFORMATION ACCESS APPLICATION
I refer to your application under the Freedom of Information Act 2016 (the Act), received by
the Justice and Community Safety (JACS) Directorate on 18 November 2023, in which you
sought access to:
“all documents pertaining to the appointment of the fol owing Members, including but not
limited to resumes, references, and recommendations:
•  Mary-Therese Daniel
•  Geoffrey McCarthy
•  Robert Orr
•  Peta Spender
•  Heidi Robinson
•  George Tomlins”
Authority
I am an Information Officer appointed by the Director-General under section 18 of the Act to
deal with access applications made under Part 5 of the Act.
Decision
I have identified three documents containing information within the scope of your access
application. These are outlined in the Schedule of documents.
I have decided to refuse access to the three documents. Please see the reasons outlined in
the ‘reasons for decision’ at Attachment A.
ACT Civil and Administrative Tribunal appointments
The appointment of ACAT non-presidential and presidential members are notifiable
instruments under section 94(6) and 95(5) of the ACT Civil and Administrative Tribunal Act
2008. For ease of reference, please see below links to the relevant notifiable instruments.
Notifiable instrument NI2023–296 – Geoffrey McCarthy
Notifiable instrument NI2023-576 – Mary-Therese Daniel
Notifiable instrument NI2022–693 - Non-Presidential Members (George Tomlins)
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Freedom of Information Access Application - Decision Notice 2023/23608

Notifiable instrument NI2022–614 – Robert Orr
Notifiable instrument NI2022–615 – Peta Spender
Notifiable instrument NI2021–269 – Heidi Robinson
Online publishing – disclosure log
Under section 28 of the Act, JACS maintains an online record of access applications called a
disclosure log. My response to your access application will be published on the JACS
disclosure log no later than 10 days after the decision. Your personal contact details will not
be published.
You may view the JACS’ disclosure log at: https://www.justice.act.gov.au/disclosure-log
Ombudsman review
My decision on your access request is a reviewable decision as identified in Schedule 3 of the
Act. You have the right to seek Ombudsman review of this outcome under section 73 of the
Act within 20 working days from the day that my decision is published on the JACS disclosure
log, or a longer period allowed by the Ombudsman.
If you wish to request a review of my decision you may write to the Ombudsman at:
The ACT Ombudsman
GPO Box 442
CANBERRA ACT 2601
Via email: xxxxxx@xxxxxxxxx.xxx.xx
The review of decision application form is available at:
https://www.ombudsman.act.gov.au/complaints/how-to-make-a-complaint
If you have any queries concerning the directorate’s processing of your request, or would like
further information, please contact xxxxxxx@xxx.xxx.xx or phone (02) 6207 2167.
Yours sincerely

Naveen Wijemanne
Information Officer
29 January 2024
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Freedom of Information Access Application - Decision Notice – 2023/23608

Attachment A – Reasons for decision
A.  Material considered
In reaching my decision, I considered:
•  your original access application
•  the documents containing the information that fal  within the scope of your access
application
•  consultations with JACS officers
•  consultation with third parties
•  Freedom of Information Act 2016
•  Human Rights Act 2004
B.  Reasons for my decision
As a decision maker, I am required to determine whether the information is in the public
interest to release. To make this decision, I am required to:
-  assess whether the information would be contrary to the public interest to disclose as
per Schedule 1 of the Act
-  perform the public interest test as set out in section 17 of the Act by balancing the
factors favouring disclosure and factors favouring non-disclosure in Schedule 2
I have included below the factors relevant to my decision on access.
B.1  Information contrary to public interest to disclose
I have determined that the documents within the scope of your request contain information
that is taken to be contrary to the public interest to disclose under Schedule 1 of the Act.
1.6
Cabinet information
(1)  Information—
(a)  that has been submitted, or that a Minister proposes to submit, to Cabinet for
its consideration and that was brought into existence for that purpose; or
(d)  the disclosure of which would reveal any deliberation of Cabinet (other than
through the official publication of a Cabinet decision).
The documents within scope of your request are Cabinet papers submitted to the
Attorney-General for consideration. The release of these documents would reveal
information that has been submitted to Cabinet for consideration that is not publicly known
and reveal the confidential deliberations of Cabinet.
B.2  Public interest test
I have assessed the information against the factors favouring disclosure and factors favouring
non-disclosure in Schedule 2. On balance, I have decided that the information is not in the
public interest to disclose. I have included below the relevant factors for your information.
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Freedom of Information Access Application - Decision Notice 2023/23608

2.2
Factors favouring nondisclosure in the public interest
(a)  disclosure of the information could reasonably be expected to do any of the
following:
(ii)  prejudice the protection of an individual’s right to privacy or any other right
under the Human Rights Act 2004;
(xii) prejudice an agency’s ability to obtain confidential information;
(xv) prejudice the management function of an agency or the conduct of industrial
relations by an agency.
I have decided to refuse access to three documents under section 54(1) of the Act as this
information is contrary to the public interest to release.
The documents contain personal information of applicants, the release of which would
prejudice their right to privacy under the Human Rights Act 2004.
The ACT Ombudsman FOI Guidelines outlines that the management function of an agency
may include activities such as recruitment, training, performance reviews, promotion,
counsel ing, discipline, compensation and occupational health and safety.
The release of information related to the management of the recruitment process is deemed
contrary to the public interest to release as it can reasonably be expected to prejudice the
management function of JACS and the Attorney-General’s Office (AGO) and undermine trust
in the confidentiality of the recruitment process. I note that disclosure of this information
would inhibit JACS and the AGO’s ability to effectively complete such a process in the future
and potentially serve to discourage suitable candidates from applying for roles.
C.  Summary of my decision
In conclusion, I have decided to refuse access to three documents.
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Document Outline