Our ref: CMTEDD FOI 2023-422
Karen
via email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxx.xxx.xx
Dear Karen,
FREEDOM OF INFORMATION REQUEST
I refer to your applica�on under sec�on 30 of the
Freedom of Information Act 2016 (the Act),
received by the Chief Minister, Treasury and Economic Development Directorate (CMTEDD) on
8 December 2023. Specifically, you have sought access to the following informa�on:
“The total number of instances a Notice to Show Cause Demerit Points was issued AFTER
an issuance of a Notice of Ending of Rectification Order to the same
Builder/Nominee/Building Company between 1 November 2021 to 1 December 2023.”
Authority
As an appointed Informa�on Officer under sec�on 18 of the Act by the Director-General
of CMTEDD, I am authorised to make a decision on access or amendment to government
informa�on in the possession or control of CMTEDD.
Timeframes
In accordance with sec�on 40 of the Act, CMTEDD was required to provide a decision
within 30 working days. Therefore a decision is due on
30 January 2024.
Decision on access
Searches were completed for relevant informa�on and the business area has generated a
written response. I have decided to grant ful access
to the informa�on within scope. The
following informa�on was located in response to your request for informa�on:
- A No�ce to Show Cause Demerit Points was issued on three (3) instances a�er the
end of the Rec�fica�on Order between 1 Nov 2021 and 1 Dec 2023.
In accordance with sec�on 54(2) of the Act a statement of reasons outlining my decisions
is below.
Statement of Reasons
As a decision maker, I am required to determine whether the informa�on within scope is
in the public interest to release. To make this decision, I am required to:
• assess whether the informa�on would be contrary to public interest to disclose as
per Schedule 1 of the Act, and
• perform the public interest test as set out in sec�on 17 of the Act by balancing the
factors favouring disclosure and factors favouring non-disclosure in Schedule 2.
Chief Minister, Treasury and Economic Development
GPO Box 158 Canberra ACT 2601 | phone: 6207 7754 | www.act.gov.au
• I did not iden�fy any Schedule 1 provisions as relevant to this request.
The public interest informa�on
under schedule 2 of the Act
The Act has a presump�on in favour of disclosure. As a decision maker I am required to
decide where, on balance, public interest lies. As part of this process, I must consider
factors favouring disclosure and non-disclosure.
In
Hogan v Hinch (2011) 243 CLR 506, [31] French CJ stated that when ‘used in a statute,
the term [public interest] derives its content from “the subject mater and the scope and
purpose” of the enactment in which it appears’. Sec�on 17(1) of the Act sets out the test,
to be applied to determine whether disclosure of informa�on would be contrary to the
public interest. These factors are found in subsec�on 17(2) and Schedule 2 of the Act.
Factors favouring disclosure in the public interest:
(a) disclosure of the information could reasonably be expected to do any of the fol owing:
(i ) contribute to positive and informed debate on important issues or matters of public
interest.
I have placed substan�al weight on the above factor favouring disclosure. It is reasonable
to expect that informa�on about this topic may be of interest to others within the
community and contribute to informed debate about issues of interest.
I did not iden�fy any factor favouring nondisclosure and have decided to release this
informa�on to you in full.
Charges
Processing charges are not applicable for this request because the number of pages
released to you is below the charging threshold of 50.
Online publishing – Disclosure Log Under sec�on 28 of the Act, CMTEDD maintains an online record of access applica�ons
called a disclosure log. Your original access applica�on and my decision will be published
on the CMTEDD disclosure log. Your personal contact details will not be published. You
may view CMTEDD disclosure
log at https://www.cmtedd.act.gov.au/functions/foi/
disclosure-log-2023
Ombudsman Review
My decision on your access request is a reviewable decision as iden�fied in Schedule 3 of
the Act. You have the right to seek Ombudsman review of this outcome under sec�on 73
of the Act within 20 working days from the day that my decision is published on the
disclosure log, or a longer period al owed by the Ombudsman.
We recommend using this form
Applying for an Ombudsman Review to ensure you
provide all of the required informa�on. Alterna�vely, you may write to the Ombudsman
at:
The ACT Ombudsman
GPO Box 442
CANBERRA ACT 2601
Via email:
xxxxxx@xxxxxxxxx.xxx.xx
Chief Minister, Treasury and Economic Development
GPO Box 158 Canberra ACT 2601 | phone: 6207 7754 | www.act.gov.au
ACT Civil and Administra�ve Tribunal (ACAT) Review
Under sec�on 84 of the Act, if a decision is made under sec�on 82(1) on an Ombudsman
review, you may apply to the ACAT for review of the Ombudsman decision. Further
informa�on may be obtained from the ACAT at:
ACT Civil and Administra�ve Tribunal
15 Cons�tu�on Avenue
GPO Box 370
Canberra City ACT 2601
Telephone: (02) 6207 1740
http://www.acat.act.gov.au/
Should you have any queries in rela�on to your request please contact me by telephone
on 6207 7754 or email
xxxxxxxxx@xxx.xxx.xx. Yours sincerely,
Emma Hotham
Informa�on Officer
Chief Minister, Treasury and Economic Development Directorate
25 January 2024
Chief Minister, Treasury and Economic Development
GPO Box 158 Canberra ACT 2601 | phone: 6207 7754 | www.act.gov.au
Document Outline
