Our ref: FOI-2023-10119
16 January 2024
Alex Pentland
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Alex Pentland,
Freedom of Information request – Access decision
1.  I refer to your request of 17 November 2023 to this Office under the Freedom of Information
Act 1982 (FOI Act). Your request for documents was framed in the following way:
This is a Freedom of Information Request for the purposes of the Freedom of
Information Act 1982.
I request access to the Style Guides/Brand Guides/Writing Guides currently used for
the Commonwealth Ombudsman.
2.  On 11 December 2023 I requested a further 30 days to process your request under s 15AA of
the FOI Act, which you agreed to later the same day.
Scope
3.  I have interpreted the scope of your request to exclude writing templates used by
Commonwealth Ombudsman, which differ from writing guides.
Decision
4.  I am an officer authorised under s 23 of the FOI Act to make decisions in relation to FOI
requests. This letter constitutes my notice of decision.
5.  Our Oﬃce iden�ﬁed eighteen (18) documents relevant to your request. I have decided:
•  To give access to 13 documents in full.
•  To give access to 5 documents in part.
6.  In the 5 par�ally released documents, redac�ons have been made to the surnames of
Ombudsman staﬀ names, direct contact details and commercially valuable informa�on.
7.  Our Office identified the documents by searching our electronic records management
systems.
8.  I atach the 13 documents in ful  and the 5 par�al y released documents with this no�ce.
9.  A schedule se�ng out my decision in rela�on to the relevant documents is at Atachment A.
10. Please see below a link to the Australian Government’s publicly accessible oﬃcial style
manual, which is also used by the Ombudsman’s Oﬃce:
https://www.stylemanual.gov.au/?utm_source=Style+Manual+mailing+list&utm_ca
mpaign=e0b98a8dd9-

GPO Box 442 Canberra ACT 2601 ▪ Phone 1300 362 072 ▪ www.ombudsman.gov.au

EMAIL_CAMPAIGN_2019_12_17_01_07_COPY_01&utm_medium=email&utm_term
=0_c7fb9f71bb-e0b98a8dd9-183764965.
Reasons
Material taken into account
11. 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;
•  advice from other, relevant Ombudsman oﬃcers;
•  relevant provisions of the FOI Act; and
•  Guidelines issued by the Australian Informa�on Commissioner under s 93A of the FOI
Act, available at www.oaic.gov.au (FOI Guidelines).
Findings of fact and reasons for decision
12. Where the Schedule of Documents at Atachment A indicates that an exemp�on has been
applied to part of a document, my ﬁndings of fact and reasons for deciding that the
exemp�on provision applies to part of that document, are set out below.
Par�al access
13. 5 documents have been partial y released to you as set out in the attached Schedule of
Documents.
14. I have redacted the fol owing:
A.  Surnames of junior Ombudsman staﬀ.
B.  Direct contact informa�on.
C.  Terminology showing the use of the relevant computer systems so�ware.
15. I have relied on one general exemption and two conditional exemptions, being:
A.  the personal privacy exemp�on (s 47F FOI Act)
B.  the agency opera�ons exemp�on (s 47E of the FOI Act), and
C.  the trade secrets or commercial y valuable informa�on exemp�on (s 47 of the
FOI Act).
A.  Surnames and contact informa�on of Ombudsman Staﬀ
16. Where referenced in the schedule, I have redacted the surnames and contact details of
junior Ombudsman staff, relying on both s 47F and s 47E of the FOI Act.
Personal privacy: s 47F
17. Section 47F conditional y exempts a document to the extent that its disclosure would
involve the unreasonable disclosure of personal information about any person.
18. Section 11A of the FOI Act provides that while an agency must give a person access to a
document if it is conditional y exempt, access may be refused if the document’s disclosure
would, on balance, be contrary to the public interest.
2

19. ‘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.
20. The documents contain personal information in the form of Ombudsman staff ful  names. I
am satisfied that the relevant information is personal information: s 4 of the FOI Act.
Unreasonable
21. If information is personal information, it will be conditionally exempt if its disclosure would
be ‘unreasonable’. In considering whether disclosure would be unreasonable, subsection
47F(2) of the FOI Act requires me to take into account:
i.  The extent to which the informa�on is well known.
ii.  Whether the person to whom the informa�on relates is known to be (or to have
been) associated with the maters dealt with in the document.
iii.  The availability of the informa�on from publicly accessible sources.
iv.  Any other mater I consider relevant.
22. The relevant information is not well known. The individuals to whom the information relates
are not general y known to be associated with the relevant information. The relevant
information is not readily available from public sources. The agencies provide centralised
contact phone numbers and email contact points.
23. Disclosure of a public servant’s personal information may be unreasonable under s 47F of
the FOI Act. I find that it would be unreasonable in this case as, in my view, given the nature
of the work of this Office as a complaint body, disclosure of the personal information of
individual staff members may pose a risk to the health and safety of staff in this Office. This
is particularly the case where the staff member’s full name is provided, as this enables
complainants to track down the staff member, for example, through social media.
24. I find that release of such information would involve the unreasonable disclosure of personal
information under s 47F(1) of the FOI Act.
Public Interest
25. Section 11A(5) of the FOI Act provides an agency must give a person access to a document
that is conditionally exempt at a particular time, unless, in the circumstances, disclosure
would, on balance, be contrary to the public interest.
26. In deciding whether access should be given to this information, I have taken a number of
matters into account. These matters include the public interest factors for and against
disclosure as outlined in the Guidelines at paragraph 6.17 – 6.22, as well as matters specific
to our agency’s functions and operating environment.
27. I am not of the view that in this instance access to the personal information of public
servants would increase scrutiny around government decisions and investigations.
28. The following factors mitigate against disclosure:
3

i.  Release of the informa�on could reasonably be expected to prejudice the protec�on
of a person’s right to privacy.
ii.  Release of the informa�on could reasonably be expected to impede the Oﬃce’s
work health and safety obliga�ons under the Work Health and Safety Act 2011 (Cth).
iii.  Disclosure of the relevant personal informa�on could reasonably be expected to
result in inappropriate contact resul�ng in ineﬃciencies or impediments to the
Oﬃce’s opera�ons.
29. 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.
Certain agency opera�ons: s 47E
30. Section 47E of the FOI Act provides that:
A document is conditionally exempt if its disclosure under this Act would, or could
reasonably be expected to:
…
d) have a substantial adverse eﬀect on the proper and eﬃcient conduct of the operations
of the agency.
31. The documents contain the ful  names of junior Ombudsman staff.
Reasonable expectation
32. The Ombudsman’s Office has established contact points and procedures in place for
members of the public to communicate with. Disclosure of the ful  names of Ombudsman
staff could reasonably be expected to impede the Ombudsman’s functions.
Public Interest
33. Section 11A(5) of the FOI Act provides an agency must give a person access to a document
that is conditionally exempt at a particular time, unless, in the circumstances, disclosure
would, on balance, be contrary to the public interest.
34. In considering whether access would, on balance, be contrary to the public interest, I have
considered the factors for and against disclosure, including the factors identified in s 11B(3)
of the FOI Act. I have also considered the public interest factors favouring and against
disclosure in the FOI Guidelines [6.17 – 6.22], as well as matters particular to the
Ombudsman’s functions and operating environment.
35. Factors favouring disclosure include that disclosure might:
i.  Promote the objects of the FOI Act, including to: inform the community of the
Government’s opera�ons, including the prac�ces fol owed by the Government in its
dealings with members of the community.
36. Factors against disclosure include that disclosure could:
i.  reasonably be expected to aﬀect the ability of staﬀ members to fulﬁl their du�es;
ii.  have a substan�al adverse eﬀect on the management of Oﬃce personnel; and
4

iii.  reasonably be expected to prejudice the proper and eﬃcient conduct of
inves�ga�ons by the Ombudsman (see FOI Guidelines 6.22(l)).
37. I have considered the factors for and against disclosure and find, on balance, that the factors
against disclosure outweigh the factors in favour of disclosure. I have given greater weight to
the proper and efficient conduct of Ombudsman’s functions and processes not being
impeded or hindered. Disclosure would not at this time be in the public interest.
B.  Direct contact informa�on to speciﬁc Ombudsman teams
Certain agency opera�ons: s 47E
38. The documents contain the direct contact information to certain Ombudsman teams and
disclosure would, or could reasonably be expected to have a substantial adverse effect on
the proper and efficient conduct of the operations of the agency.
Reasonable expectation
39. The Ombudsman’s Office has established contact points and procedures in place for
members of the public to communicate with. Disclosure of direct contact information could
reasonably be expected to impede the Ombudsman’s functions.
Public Interest
40. Section 11A(5) of the FOI Act provides an agency must give a person access to a document
that is conditionally exempt at a particular time, unless, in the circumstances, disclosure
would, on balance, be contrary to the public interest.
41. In considering whether access would, on balance, be contrary to the public interest, I have
considered the factors for and against disclosure, including the factors identified in s 11B(3)
of the FOI Act. I have also considered the public interest factors favouring and against
disclosure in the FOI Guidelines [6.17 – 6.22], as well as matters particular to the
Ombudsman’s functions and operating environment.
42. Factors favouring disclosure include that disclosure might:
i.  Promote the objects of the FOI Act, including to: inform the community of the
Government’s opera�ons, including the prac�ces fol owed by the Government in its
dealings with members of the community.
43. Factors against disclosure include that disclosure could:
i.  reasonably be expected to aﬀect the ability of staﬀ members to fulﬁl their du�es;
ii.  have a substan�al adverse eﬀect on the management of Oﬃce personnel; and
iii.  reasonably be expected to prejudice the proper and eﬃcient conduct of
inves�ga�ons by the Ombudsman (see FOI Guidelines 6.22(l)).
44. I have considered the factors for and against disclosure and find, on balance, that the factors
against disclosure outweigh the factors in favour of disclosure. I have given greater weight to
the proper and efficient conduct of Ombudsman’s functions and processes not being
impeded or hindered. Disclosure would not at this time be in the public interest.

5

C.  Informa�on revealing trade secrets and commercial y valuable informa�on
45. I am of the view that parts of document 16, 17, and 18, as indicated on the schedule, are
exempt is accordance with s 47 of the FOI Act.
46. Section 47 of the FOI Act provides that:
A document is an exempt document if its disclosure under this Act would disclose:
a) trade secrets; or
b) any other information having a commercial value that would be, or could
reasonably be expected to be, destroyed or diminished if the information were
disclosed.
Trade secrets
47. These documents include terminology showing the use of the relevant computer systems
software at certain stages in the handling of complaint matters under the Ombudsman Act
1976. In line with FOI Guidelines 5.199-5.203, I am of the view this is information possessed
by one trader which gives that trader an advantage over its competitors while the
information remains generally unknown, constituting trade secrets.
Commercial value
48. These documents include information about use of certain record keeping and case
management computer system software operated by the Office. In line with FOI Guidelines
5.204-5.207, I am of the view the information has commercial value, relating to the
profitability and viability of a continuing business operation or commercial activity in which
our Office is involved.
49. For these reasons I have refused access to parts of these documents under s 47(1)(a) and (b)
of the FOI Act.
Review rights
Internal review
50. Under s 54 of the FOI Act, you may apply in wri�ng to our Oﬃce for an internal review of my
decision. The internal review applica�on must be made within 30 days of the date on which
you were no�ﬁed of my decision.
51. Where possible, please atach reasons for why you believe review of the decision is
necessary. The internal review wil  be carried out by another Ombudsman oﬃcer within 30
days.
52. If you choose to seek an internal review, you will afterward have a right to apply to the
Office of the Australian Information Commissioner (OAIC) for a review of the internal review
decision.
Review by the Office of the Australian Information Commissioner
53. Under s 54L of the FOI Act, you may apply to the Office of the OAIC to review my decision.
An application for review by the OAIC must be made in writing within 60 days of the decision
date, either from the date of this letter or the date of our internal review decision letter.
Your request can be lodged in one of the fol owing ways:
•  online at oaic.gov.au/about-us/contact-us
6

•  via email to xxxxx@xxxx.xxx.xx
•  by overland mail to GPO Box 5218 Sydney NSW 2001
•  in person to Level 2, 175 Pit Street Sydney NSW
54. More information about the OAIC review process is available at its website:
oaic.gov.au/freedom-of-information/foi-review-process
Complaints to the Office of the Australian Information Commissioner
55. You may complain to the OAIC about ac�on taken by the Ombudsman in rela�on to your FOI
request.
56. While there is no par�cular form required to make a complaint to the OAIC, the complaint
should be in wri�ng and set out the reasons for why you are dissa�sﬁed with the way your
request was processed. It should also iden�fy the Ombudsman’s Oﬃce as the agency about
which you are complaining.
57. You may lodge your complaint either:
•  online at oaic.gov.au
•  by overland mail to GPO Box 5218 Sydney NSW 2001
•  by email to xxxxxxxxx@xxxx.xxx.xx.
Contact details
58. Should you have any questions, you may contact me via email at
xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx or via telephone on 1300 362 072.
Yours sincerely

Sophia Murray-Walker
Legal Team
Influencing systemic improvement in public administration
7

Attachment A
Schedule of Documents – Freedom of Information Request FOI-2023-10119

Doc
Date
Pages
Description of Document
Decision on
Exemption
Information Redacted
No.
access
1.

October 2023
66 (1-66)
Commonwealth and ACT
Part Access
Conditionally exempt under s
•  Direct contact
Ombudsman Brand Guide
47F of the FOI Act (unreasonable
information for
disclosure of personal
Ombudsman Team.
information)
•  Full name of
Conditionally exempt under s
Ombudsman Officer.
47E(d) – (substantial adverse
effect on agency operations)
2.

October 2023
38 (67-104)
Australian National Preventative
Part Access
Conditionally exempt under s
•  Full name of
Mechanism Brand Guide
47F of the FOI Act (unreasonable
Ombudsman Officer.
disclosure of personal
•  Direct contact
information)
information of NPM
Conditionally exempt under s
Coordinator.
47E(d) – (substantial adverse
effect on agency operations)
3.

18 July 2017
11 (105-115)
Judicial Scales Branding Style
Full Access
N/A
N/A
Guide
4.

October 2023
5 (116-120)
Brand style guide for reporting
Full Access
N/A
N/A
5.  J  une 2021
5 (121-125)
Commonwealth Ombudsman
Full Access
N/A
N/A
Style Guide June 2021

GPO Box 442 Canberra ACT 2601 ▪ Phone 1300 362 072 ▪ www.ombudsman.gov.au

Doc
Date
Pages
Description of Document
Decision on
Exemption
Information Redacted
No.
access
6.  J  une 2021
1 (126)
Commonwealth Ombudsman
Full Access
N/A
N/A
Style Guide tip sheet June 2021
7.  J  une 2021
2 (127-128)
Branding and Terminology Policy
Full Access
N/A
N/A
for Staff
8.  J  une 2021
2 (129-130)
Commonwealth Ombudsman
Full Access
N/A
N/A
preferred terms June 2021
9.

NA
8 (131-138)
Email Signatures for Staff
Full Access
N/A
N/A
10.
NA
5 (139-143)
Updating Your Email Signature in
Full Access
N/A
N/A
Microsoft Outlook
11.
NA
1 (144)
CO_Aboriginal-
Full Access
N/A
N/A
Artwork_TeamsBG-With Logo
12.
NA
1 (145)
CO_Aboriginal-
Full Access
N/A
N/A
Artwork_TeamsBG_ Without Logo
13.
NA
2 (146-147)
SOP - How to request report
Full Access
N/A
N/A
covers
14.
1 February 2019
13 (148-160)
Communication Accessibility
Full Access
N/A
N/A
Guide 2018 (A1665351
15.
NA
2 (161-162)
Creating Accessible PDF (for staff)  Full Access
N/A
N/A
(A1948578)
16.
NA
2 (163-164)
Terminology governance
Part Access
Conditionally exempt under s
•  Direct contact
framework
47E(d) – (substantial adverse
information for
effect on agency operations)
Communications.
9

Doc
Date
Pages
Description of Document
Decision on
Exemption
Information Redacted
No.
access
Exempt under s 47 of the FOI Act
•  Terminology
(Documents disclosing trade
showing the use of
secrets or commercially valuable
the relevant
information)
computer systems
software redacted
17.
NA
2 (165-166)
Fact sheet - New Terminology,
Part Access
Exempt under s 47 of the FOI Act
•  Terminology
Internal
(Documents disclosing trade
showing the use of
secrets or commercially valuable
the relevant
information)
computer systems
software redacted.
18.
NA
1 (167)
Cheat sheet - new terms PDF
Part Access
Exempt under s 47 of the FOI Act
•  Terminology
(Documents disclosing trade
showing the use of
secrets or commercially valuable
the relevant
information)
computer systems
software redacted.

10

Document Outline