Phone: (02) 6207 1923
Reference: 23/126947
Karen
By Email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Karen
Decision on Freedom of Information Access Application 23/130003
I refer to your application made under section 30 of the
Freedom of Information Act 2016
(the FOI Act) received by the Environment, Planning and Sustainable Development
Directorate (EPSDD) on 19 December 2023, via transfer from Chief Minister, Treasury and
Economic Development Directorate.
Specifically, you are seeking:
… all Declaration of Interests forms submitted by the fol owing public servants from
1 October 2020 - 1 December 2023.
•
Ben Ponton;
•
John Dietz;
•
Matthew Kamarul;
•
James Bennett;
•
John Zuzek;
•
Geoffrey Rutledge;
•
Alison Kemp;
•
Jeremy Smith;
•
George Cilliers;
•
Dr Sophie Lewis;
•
Malcolm Snow;
•
Dr Erin Brady; and
•
Ben Green
Please note:
Alison Kemp has not held an Executive position and is not required to complete a
Declaration of Private Interests form.
No information is held in relation to John Zuzek.
Under section 40(1) of the FOI Act, EPSDD is required to decide your application on, or by,
8 February 2024. I am an Information Officer appointed under section 18 of the Act to deal
with access applications made under part 5 and now write to provide notice of my decision
in relation to your application.
Decision on access
In considering your application, I have taken the fol owing into account:
• the FOI Act, particularly sections 6, 17 and schedule 2;
• the content of the documents that fal within the scope of your request;
• the
Freedom of Information (Volume 4 – Considering the public interest) Guidelines
2023 (Notifiable Instrument
NI2023-751)
• the
Human Rights Act 2004; and
• the
Information Privacy Act 2014.
I have decided to
refuse access to the information requested.
Public interest considerations
Information disclosure – schedule 2 of the Act
The Act recognises the right of every person to obtain access, under its provisions, to
government information (see the Act, section 7). As an Information Officer, I am required to
allow access to information subject to the Act, unless, on balance, disclosure would be
contrary to the public interest.
In assessing the public interest, I must apply the test outlined in section 17 of the Act, which
requires consideration of factors favouring disclosure, any favouring nondisclosure and the
balance of those factors when considered cumulatively.
I have considered how disclosure of the information could contribute to promoting open
discussion and enhance government’s accountability (a factor favouring disclosure under
schedule 2, section 2.1(a)(i) of the FOI Act) by promoting transparency.
Decisions made by executives should be, and should be seen to be, professional, impartial
and beyond reproach. Executives are aware their decisions are likely to be subject to both
internal and external scrutiny. Maintaining public confidence in the integrity and honesty of
the public sector is crucial to good governance.
The information requested was provided by individuals as a requirement of their
employment as Senior Executive Service members under section 46 of the
Public Sector
Management Standards 2016. The purpose of the declaration of private interests is to place
on record any interest the individuals have that may conflict, or may be seen to conflict,
with their public duty.
The information requested is the personal information of individuals and possibly their
family members. These statements include financial, personal and other interests such as
social or cultural activities as well as family or other personal relationships. This information
is not information that relates to their routine day-to-day work activities as public servants.
Th
e Information Privacy Act 2014, outlines how personal information collected by public
sector agencies should be protected and handled. Territory Privacy Principle (TPP) 6 states
that if information is col ected for a particular purpose, the agency must not use or disclose
the information for another purpose unless under specific circumstances which do not apply
in this case.
Section 12 of the
Human Rights Act 2004, states:
Everyone has the right –
(a) not to have their privacy, family, home or correspondence interfered with unlawfully or
arbitrarily..
It is my view that disclosure of this information could prejudice the protection of an
individual’s right to privacy, which is a factor favouring nondisclosure under schedule 2,
section 2.2(a)(ii) of the FOI Act.
I have considered the expectations of confidential y held by the individuals. When providing
this information, the individual, (and any family who have provided information) are advised
that the information is provided to a small cohort of individuals, being the Director-General,
the Head of Service and the relevant Minister(s). The information is stored securely, with
limited access, and any request for access wil be dealt with according to the relevant laws.
I have given significant weight to the factor favouring nondisclosure under schedule 2,
section 2.2 of the FOI Act, and considered the detriment that could be caused to the
individuals or their family members by disclosure of the information. On this basis I have
determined that disclosure of the information is not in the public interest.
Right to review
Information regarding your right to review of this decision, the processing and publication of
your request and this decision are set out at
Attachment A.
Yours sincerely
Rory Martin
Information Officer
Executive Branch Manager, People and Capability
8 February 2024
