2024/82
‘B’
Via email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear ‘B’
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 29 December 2023, in which you
sought access to:
I am formally requesting specific operational documentation pertinent to the Alexander
Maconochie Centre.
My interest lies in obtaining detailed planning and operational documentation for the
years 2021 to 2024 in the fol owing key areas:
1. Pest Control Measures and Treatment:
a) Comprehensive planning documentation, guidelines, or reports pertaining to
pest control practices within the facility.
2. Financial Planning for Appliances:
a) Detailed planning documentation, procedural guidelines, or records associated
with the financial planning and acquisition of appliances, with a particular focus
on whitegoods and for detainee grooming.
3. Detainee Nutrition:
a) Thorough planning documentation and guidelines for detainee nutrition,
including meal plans and considerations for allergies.
b) Insights from an accredited nutritionist in Australia regarding adherence to
quality standards over the last two years.
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 20 documents containing information within the scope of your access
application. These are outlined in the
Schedule of documents.
I have decided to:
• grant partial access to 11 documents
• grant full access to nine documents
Please see the reasons outlined in the ‘reasons for decision’ at Attachment A.
1
Freedom of Information Access Application - Decision Notice 2024/82
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 Your personal contact details will not
be published.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 al owed 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/accountability-and-oversight/freedom-of-
information/foi-complaints-and-reviews
If you have any queries concerning the directorate’s processing of your request, or would like
further information, please contac
t xxxxxxx@xxx.xxx.xx or phone (02) 6207 2167.
Yours sincerely
Bruno Aloisi
Information Officer
5 March 2024
2
Freedom of Information Access Application - Decision Notice – 2024/82
Attachment A – Reasons for decision
1. 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 third parties
• consultations with JACS officers
•
Freedom of Information Act 2016
•
Human Rights Act 2004
2. 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 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.
2.2 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 in the public
interest to disclose. I have included below the relevant factors for your information.
2.1
Factors favouring disclosure in the public interest
(a) disclosure of the information could reasonably be expected to do any of the fol owing:
(iii) inform the community of the government’s operations, including the policies,
guidelines and codes of conduct fol owed by the government in its dealings with
members of the community;
(iv) ensure effective oversight of expenditure of public funds.
2.2 Factors favouring nondisclosure in the public interest
(a) disclosure of the information could reasonably be expected to do any of the fol owing:
(ii) prejudice the protection of an individual’s right to privacy or any other right under
the
Human Rights Act 2004;
(xiii) prejudice the competitive commercial activities of an agency.
Redactions have been applied the personal information of non-SES ACT Corrective Services
(ACTCS) staff and third parties to protect their right to privacy under the
Human Rights Act
2004.
3
Freedom of Information Access Application - Decision Notice 2024/82
Redactions have been applied to contemporary quotes obtained by ACT as the release of this
information may prejudice ACTCS’s ability to obtain competitive quotes in future and
prejudice its commercial activities.
3. Summary of my decision
In conclusion, I have decided to:
• grant partial access to 11 documents
• grant full access to nine documents
4
Document Outline
