FOI ref:2024/0012
14 February 2024
Gene
Email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Gene
Notice of decision for Freedom of Information Request no. 2022/0256
The purpose of this letter is to give you a decision about access to documents that you
have requested under the
Freedom of Information Act 1982 (
FOI Act).
Summary
I am an of icer authorised under s 23(1) of the FOI Act to make decisions in relation to
FOI requests.
You lodged an FOI request on 16 January 2024 for access to the following:
1. Any documents, including but not limited to emails, letters, meeting minutes,
notes, or reports regarding Jan Redfern's role as a compliance consultant to the
Australian CFD Forum in or around February 2012.
2. Any documents relating to whether a potential conflict of interest concerning Ms
Redfern's role with the Australian CFD Forum was raised or disclosed to the
Administrative Appeals Tribunal around February 2012.
3. Any writ en policies, procedures or guidelines concerning disclosure and
management of potential conflicts of interest by senior members of the AAT
around February 2012.
I have identified that clauses 2.3 and 2.4 of the Members’ Handbook 2010 version fall
within the scope of your request number 3 above.
I have not identified any document that fall within the scope of request number 1 or 2.
Decision
I have decided to:
• Grant full access to the document relating to your request number 3: and
• Refuse access to documents relating to your request numbers 1 and 2 under
s.24A of the FOI Act.
In making my decision, I have taken the following into account:
• Your FOI request and the content of the document that fall within the scope of
your request;
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
• The FOI Act, in particular s.24A; and
• The guidelines issued by the Australian Information Commissioner under
s.93A of the FOI Act (
FOI Guidelines).
Reasons for decision to refuse access - Section 24A of the FOI Act Section 24A of the FOI Act provides that, after all reasonable steps have been taken to
find the documents, access to documents may be refused if the documents do not exist
or cannot be found.
In relation to your requested documents under 1 and 2, I have liaised with Ms Jan
Redfern, the Tribunal’s former Chief Legal Of icer, the Director of Legal and Policy, the
Senior People & Culture Of icer and the Executive Adviser to the President, who has
access to records from former Presidents’ chambers. They all have confirmed that no
documents exist that fall within request 1 or 2. That is, there is no record held in relation
to Ms Jan Redfern’s role as compliance consultant to the Australian CFD Forums in or
around 2012.
I consider that all reasonable steps have been taken to find the documents you seek,
and I am therefore satisfied that the documents do not exist. Accordingly, I refuse
access to the documents under section 24A of the FOI Act.
Additional information Section 11 of the Administrative Appeals Act 1975 contains the legislative provisions
relevant to outside employment for members of the Tribunal and differentiates between
full-time and part-time members. We advise that Ms Jan Redfern was appointed on a
part-time basis to the Tribunal between 2009 to 2014.
Your review rights
Information about how you can apply for a review of this decision or complain about how
we have dealt with this matter is set out in the attached fact sheet, FOI 2.
If you have any questions about this decision, please contact me on (02) 9276 5507 or
at
xxx@xxx.xxx.xx. Yours sincerely,
Loga Roshan
Authorised FOI Of icer (APS 6)
Attachments
FOI 2 – Information about reviews and complaints under the Freedom of Information Act
Released document
Information about reviews and complaints under the
Freedom of Information Act
What should I do prior to applying for internal review or contacting the
Office of the Australian Information Commissioner?
Before you apply for an internal review or contact the Office of the Australian Information
Commissioner, we recommend that you telephone the officer who made the FOI
decision. It is often possible to resolve concerns or answer your questions using this
approach and, if not, the officer wil be able to assist you in applying for review.
How do I apply for internal review to the AAT?
You can apply to us for an internal review of the FOI decision. The application for
internal review must be made within 30 days or such further period as we allow, after the
day the decision is notified to you. To apply for an internal review you must do so in
writing. You may also wish to explain why you are not satisfied with the decision. A
different and more senior officer authorised under the
Freedom of Information Act 1982
(the FOI Act) wil conduct the internal review and make a new decision within 30 days
after receipt of your application.
If you have already applied for internal review and want to seek a further review of that
decision, you wil need to apply to the Australian Information Commissioner.
How do I apply for review to the Australian Information Commissioner?
You may also apply directly to the Australian Information Commissioner for review of the
FOI decision. The application for review must be made within 60 days after the day
notice of the decision was given. An application for review must be in writing, include
details of how notices in relation to the review are to be sent to you and include a copy
of the decision. You may also wish to explain why you are not satisfied with the decision.
An online application form is available on the Of ice of the Australian Information
Commissioner’s website, details of which are provided below.
What if I want to make a complaint about the handling of a Freedom of
Information request?
If you have a complaint about the way in which we have processed your request for
access under the FOI Act you can ask the Australian Information Commissioner to
investigate. An online complaint form is available on the Office of the Australian
Information Commissioner’s website, details of which are provided below.
Where can I find further information or contact details for the Office of the
Australian Information Commissioner?
Further information is available on the Of ice of the Australian Information
Commissioner’s website at
www.oaic.gov.au and you can contact the office on 1300 363
992 or by email at
xxxxxxxxx@xxxx.xxx.xx..
FOI 2 (July 2016)
Document Outline
