of IC review (OAIC reference MR22/01669) in an electronic format under s 55T of the FOI Act.
A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
Obligations during the IC review process
The obligations of the Ombudsman during the IC review process are set out under:
− ss 55D, 55DA and 55Z of the FOI Act
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act
− Direction as to certain procedures to be followed in IC reviews issued under
s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Sandra Wavamunno
Director
Freedom of Information Regulatory Branch
Office of the Australian Information Commissioner
[Enclosed: IC review application].
2 November 2022
2
Attachment A
Direction to
the Commonwealth Ombudsman
under s 55(2)(e)(ii) of the Freedom of Information Act
1982
Section 55(2)(e)(ii) of the
Freedom of Information Act 1982 (FOI Act) provides that the
Information Commissioner may give written directions as to the procedure to be followed in
relation to a particular IC review.
In relation to MR22/01669, I, Sandra Wavamunno, delegate of the Australian Information
Commissioner, issue the following direction to the Commonwealth Ombudsman (the
Ombudsman) under s 55(2)(e)(ii) of the FOI Act:
Revised decision – full access
1. Should the Ombudsman wish to provide full access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s 55G
of the FOI Act and provide the revised decision to the applicant and the OAIC by
23
November 2022.
Revised decision – partial access
2. Should the Ombudsman wish to provide partial access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s 55G
of the FOI Act and provide the revised decision to the applicant and the OAIC by
23
November 2022.
3. Please also provide the following documents to the OAIC by
23 November 2022:
a. The FOI request, and any correspondence that modifies its scope.
3
b. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A, 27A, or informally (including
consultations with other government agencies).
c. If any third parties have been notified of this IC review a copy of the written
notifications.
d. Copies of any correspondence between the Ombudsman and anyone who
was consulted, including file notes of any relevant telephone conversations.
e. A marked up and un-redacted copy of all documents identified within scope
of the FOI request that is subject of IC review (OAIC reference MR22/01669) in
an electronic format. A notice to produce under s 55T of the FOI Act is set out
at
Attachment B.
Submissions – access refusal
4. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the applicant and the OAIC the following by
23 November 2022:
a. Submissions explaining the access refusal decision.
The submissions should
be provided by an officer who is appropriately qualified to provide evidence
about the material.
i. The submissions should:
⎯ identify where appropriate, the total number of documents.
⎯ identify the documents the Ombudsman claims are exempt
and the particular provisions of the FOI Act the Ombudsman
is relying on (noting the relevant document and page
numbers).
⎯ include clear particulars about why the Ombudsman
contends that the applicant should be refused access to the
documents.
5. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the OAIC the following by
23 November 2022:
a. Should the Ombudsman wish to claim that the documents at issue are
exempt under ss 33, 34 and/or 45A then the Ombudsman is requested to
provide evidence on affidavit or otherwise including by way of submissions,
that the documents are exempt under ss 33, 34 or 45A. If the Information
Commissioner is not satisfied on the basis of the submissions, the OAIC may
require the documents to be produced for inspection in accordance with
s 55U.
4
i. The submissions could also refer to any other relevant information
that the Ombudsman wishes to provide in support of its decision.
b. The FOI request, and any correspondence that modifies its scope.
c. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A 27A, or informally (including
consultations with other government agencies).
d. If any third parties have been notified of this IC review a copy of the written
notifications.
e. Copies of any correspondence between the Ombudsman, and anyone who
was consulted, including file notes of any relevant telephone conversations.
f. Should the scope of the IC review involve exempt material, a marked up and
un-redacted copy of all documents identified within scope of the FOI request
that is subject of IC review (OAIC reference MR22/01669) in an electronic
format. A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
If alternative arrangements are required, please contact the OAIC at xxxxx@xxxx.xxx.xx.
The Information Commissioner will share the submissions the Ombudsman provides during
the IC review with the applicant unless there are compelling reasons not to. However, we do
not provide the applicant with copies of the document/s at issue.
Direction issued by Sandra Wavamunno, Director, Freedom of Information
Regulatory Branch
Signed:
Sandra Wavamunno
Director
2 November 2022
5
Attachment B
Notice to produce documents and give information
In relation to MR22/01669, under ss 55T of the FOI Act, I, Sandra Wavamunno, delegate of the
Australian Information Commissioner, require you Polly s47E(d) Director, Legal Team,
Commonwealth Ombudsman, to give me the following information by close of business
23
November 2022:
• a marked up and un-redacted copy of all documents identified within scope of
the FOI request in an electronic format. Material which is claimed to be exempt
should be highlighted with reference made to the exemption/s applied.
Compliance with this notice can be met by delivering the responses to the above notices
electronically to xxxxx@xxxx.xxx.xx.
Notice issued by Sandra Wavamunno, Director, Freedom of Information Regulatory
Branch
Signed:
Sandra Wavamunno
Director
2 November 2022
6
of IC review (OAIC reference MR23/00397) in an electronic format under s 55T of the FOI Act.
A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
Obligations during the IC review process
The obligations of the Respondent during the IC review process are set out under:
− ss 55D, 55DA and 55Z of the FOI Act
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act
− Direction as to certain procedures to be followed in IC reviews issued under
s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Tania Strathearn
Intake and Early Resolution Team
Freedom of Information Regulatory Branch
[Enclosed: IC review application].
26 May 2023
2
Attachment A
Direction to
the Commonwealth Ombudsman
under s 55(2)(e)(ii) of the Freedom of Information Act
1982
Section 55(2)(e)(ii) of the
Freedom of Information Act 1982 (FOI Act) provides that the
Information Commissioner may give written directions as to the procedure to be followed in
relation to a particular IC review.
In relation to MR23/00397, I, Tania Strathearn, delegate of the Australian Information
Commissioner, issue the following direction to the Commonwealth Ombudsman (the
Ombudsman) under s 55(2)(e)(ii) of the FOI Act:
Revised decision – full access
1. Should the Ombudsman wish to provide full access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under
s 55G of the FOI Act and provide the revised decision to the applicant and the OAIC
by
Friday, 16 June 2023.
Revised decision – partial access
2. Should the Ombudsman wish to provide partial access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s
55G of the FOI Act and provide the revised decision to the applicant and the OAIC by
Friday, 16 June 2023.
3. Please also provide the following documents to the OAIC by
Friday, 16 June 2023:
a. The FOI request, and any correspondence that modifies its scope.
b. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A, 27A, or informally (including
consultations with other government agencies).
3
c. If any third parties have been notified of this IC review a copy of the written
notifications.
d. Copies of any correspondence between the Ombudsman and anyone who
was consulted, including file notes of any relevant telephone conversations.
e. A marked up and un-redacted copy of all documents identified within scope
of the FOI request that is subject of IC review (OAIC reference MR23/00397) in
an electronic format. A notice to produce under s 55T of the FOI Act is set out
at
Attachment B.
Submissions – access refusal
4. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the applicant and the OAIC the following by
Friday, 16 June 2023:
a. Submissions explaining the access refusal decision.
The submissions should
be provided by an officer who is appropriately qualified to provide evidence
about the material.
i. The submissions should:
⎯ identify where appropriate, the total number of documents.
⎯ identify the documents the Ombudsman claims are exempt
and the particular provisions of the FOI Act the Ombudsman
is relying on (noting the relevant document and page
numbers).
⎯ include clear particulars about why the Ombudsman
contends that the applicant should be refused access to the
documents.
5. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the OAIC the following by
Friday, 16 June 2023:
a. Should the Ombudsman wish to claim that the documents at issue are
exempt under ss 33, 34 and/or 45A then the Ombudsman is requested to
provide evidence on affidavit or otherwise including by way of submissions,
that the documents are exempt under ss 33, 34 or 45A. If the Information
Commissioner is not satisfied on the basis of the submissions, the OAIC may
require the documents to be produced for inspection in accordance with
s 55U.
i. The submissions could also refer to any other relevant information
that the Ombudsman wishes to provide in support of its decision.
b. The FOI request, and any correspondence that modifies its scope.
4
c. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A 27A, or informally (including
consultations with other government agencies).
d. If any third parties have been notified of this IC review a copy of the written
notifications.
e. Copies of any correspondence between the Ombudsman, and anyone who
was consulted, including file notes of any relevant telephone conversations.
f. Should the scope of the IC review involve exempt material, a marked up and
un-redacted copy of all documents identified within scope of the FOI request
that is subject of IC review (OAIC reference MR23/00397) in an electronic
format. A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
If alternative arrangements are required, please contact the OAIC at xxxxx@xxxx.xxx.xx.
The Information Commissioner will share the submissions the Ombudsman provides during
the IC review with the applicant unless there are compelling reasons not to. However, we do
not provide the applicant with copies of the document/s at issue.
Direction issued by Tania Strathearn, Acting Director, Freedom of Information
Branch
Signed:
Tania Strathearn
26 May 2023
5
Attachment B
Notice to produce documents and give information
In relation to MR23/00397, under s 55T of the FOI Act, I, Tania Strathearn, delegate of the
Australian Information Commissioner, require you, David s47E Legal Officer of the Legal
Team of the Commonwealth Ombudsman, to give me the following information by close of
business
Friday, 16 June 2023:
• a marked up and un-redacted copy of all documents identified within scope of
the FOI request in an electronic format. Material which is claimed to be exempt
should be highlighted with reference made to the exemption/s applied.
Compliance with this notice can be met by delivering the responses to the above notices
electronically to xxxxx@xxxx.xxx.xx.
Notice issued by Tania Strathearn, Acting Director, Freedom of Information Branch
Signed:
Tania Strathearn
26 May 2023
6
of IC review (OAIC reference MR23/00073) in an electronic format under s 55T of the FOI Act.
A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
Obligations during the IC review process
The obligations of the Respondent during the IC review process are set out under:
− ss 55D, 55DA and 55Z of the FOI Act
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act
− Direction as to certain procedures to be followed in IC reviews issued under
s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Carl English
Acting Director
Freedom of Information Regulatory Branch
Office of the Australian Information Commissioner
[Enclosed: IC review application].
13 July 2023
2
Attachment A
Direction to
the Commonwealth Ombudsman
under s 55(2)(e)(ii) of the Freedom of Information Act
1982
Section 55(2)(e)(ii) of the
Freedom of Information Act 1982 (FOI Act) provides that the
Information Commissioner may give written directions as to the procedure to be followed in
relation to a particular IC review.
In relation to MR23/00073, I, Carl English, delegate of the Australian Information
Commissioner, issue the following direction to the Commonwealth Ombudsman (the
Ombudsman) under s 55(2)(e)(ii) of the FOI Act:
Revised decision – full access
1. Should the Ombudsman wish to provide full access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s 55G
of the FOI Act and provide the revised decision to the applicant and the OAIC by
3 August 2023.
Revised decision – partial access
2. Should the Ombudsman wish to provide partial access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s 55G
of the FOI Act and provide the revised decision to the applicant and the OAIC by
3 August 2023.
3. Please also provide the following documents to the OAIC by
3 August 2023:
a. The FOI request, and any correspondence that modifies its scope.
b. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A, 27A, or informally (including
consultations with other government agencies).
3
c. If any third parties have been notified of this IC review a copy of the written
notifications.
d. Copies of any correspondence between the Ombudsman and anyone who
was consulted, including file notes of any relevant telephone conversations.
e. A marked up and un-redacted copy of all documents identified within scope
of the FOI request that is subject of IC review (OAIC reference MR23/00073) in
an electronic format. A notice to produce under s 55T of the FOI Act is set out
at
Attachment B.
Submissions – access refusal
4. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the applicant and the OAIC the following by
3 August 2023:
a. Submissions explaining the access refusal decision.
The submissions should
be provided by an officer who is appropriately qualified to provide evidence
about the material.
i. The submissions should:
⎯ identify where appropriate, the total number of documents.
⎯ identify the documents the Ombudsman claims are exempt
and the particular provisions of the FOI Act the Ombudsman
is relying on (noting the relevant document and page
numbers).
⎯ include clear particulars about why the Ombudsman
contends that the applicant should be refused access to the
documents.
5. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the OAIC the following by
3 August 2023:
a. Should the Ombudsman wish to claim that the documents at issue are
exempt under ss 33, 34 and/or 45A then the Ombudsman is requested to
provide evidence on affidavit or otherwise including by way of submissions,
that the documents are exempt under ss 33, 34 or 45A. If the Information
Commissioner is not satisfied on the basis of the submissions, the OAIC may
require the documents to be produced for inspection in accordance with
s 55U.
i. The submissions could also refer to any other relevant information
that the Ombudsman wishes to provide in support of its decision.
b. The FOI request, and any correspondence that modifies its scope.
4
c. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A 27A, or informally (including
consultations with other government agencies).
d. If any third parties have been notified of this IC review a copy of the written
notifications.
e. Copies of any correspondence between the Ombudsman, and anyone who
was consulted, including file notes of any relevant telephone conversations.
f. Should the scope of the IC review involve exempt material, a marked up and
un-redacted copy of all documents identified within scope of the FOI request
that is subject of IC review (OAIC reference MR23/00073) in an electronic
format. A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
If alternative arrangements are required, please contact the OAIC at xxxxx@xxxx.xxx.xx.
The Information Commissioner will share the submissions the Ombudsman provides during
the IC review with the applicant unless there are compelling reasons not to. However, we do
not provide the applicant with copies of the document/s at issue.
Direction issued by Carl English, Acting Director, Freedom of Information Branch
Signed:
Carl English
Acting Director
13 July 2023
5
Attachment B
Notice to produce documents and give information
In relation to MR23/00073, under ss 55T of the FOI Act, I, Carl English, delegate of the
Australian Information Commissioner, require you, s47E(d)
, Acting
Director, Legal Team, Commonwealth Ombudsman, to give me the following information by
close of business
3 August 2023:
• a marked up and un-redacted copy of all documents identified within scope of
the FOI request in an electronic format. Material which is claimed to be exempt
should be highlighted with reference made to the exemption/s applied.
Compliance with this notice can be met by delivering the responses to the above notices
electronically to xxxxx@xxxx.xxx.xx.
Notice issued by Carl English, Acting Director, Freedom of Information Regulatory
Branch
Signed:
Carl English
Acting Director
13 July 2023
6
of IC review (OAIC reference MR23/00790) in an electronic format under s 55T of the FOI Act.
A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
Obligations during the IC review process
The obligations of the Ombudsman during the IC review process are set out under:
− ss 55D, 55DA and 55Z of the FOI Act
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act
− Direction as to certain procedures to be followed in IC reviews issued under
s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Carl English
Acting Director
Freedom of Information Regulatory Branch
Office of the Australian Information Commissioner
[Enclosed: IC review application].
14 July 2023
2
Attachment A
Direction to
the Commonwealth Ombudsman
under s 55(2)(e)(ii) of the Freedom of Information Act
1982
Section 55(2)(e)(ii) of the
Freedom of Information Act 1982 (FOI Act) provides that the
Information Commissioner may give written directions as to the procedure to be followed in
relation to a particular IC review.
In relation to MR23/00790, I, Carl English, delegate of the Australian Information
Commissioner, issue the following direction to the Commonwealth Ombudsman (the
Ombudsman) under s 55(2)(e)(ii) of the FOI Act:
Revised decision – full access
1. Should the Ombudsman wish to provide full access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s 55G
of the FOI Act and provide the revised decision to the applicant and the OAIC by
4
August 2023.
Revised decision – partial access
2. Should the Ombudsman wish to provide partial access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s 55G
of the FOI Act and provide the revised decision to the applicant and the OAIC by
4
August 2023.
3. Please also provide the following documents to the OAIC by
4 August 2023:
a. The FOI request, and any correspondence that modifies its scope.
b. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A, 27A, or informally (including
consultations with other government agencies).
3
c. If any third parties have been notified of this IC review a copy of the written
notifications.
d. Copies of any correspondence between the Ombudsman and anyone who
was consulted, including file notes of any relevant telephone conversations.
e. A marked up and un-redacted copy of all documents identified within scope
of the FOI request that is subject of IC review (OAIC reference MR23/00790) in
an electronic format. A notice to produce under s 55T of the FOI Act is set out
at
Attachment B.
Submissions – access refusal
4. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the applicant and the OAIC the following by
4 August 2023:
a. Submissions explaining the access refusal decision.
The submissions should
be provided by an officer who is appropriately qualified to provide evidence
about the material.
i. The submissions should:
⎯ identify where appropriate, the total number of documents.
⎯ identify the documents the Ombudsman claims are exempt
and the particular provisions of the FOI Act the Ombudsman
is relying on (noting the relevant document and page
numbers).
⎯ include clear particulars about why the Ombudsman
contends that the applicant should be refused access to the
documents.
5. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the OAIC the following by
4 August 2023:
a. Should the Ombudsman wish to claim that the documents at issue are
exempt under ss 33, 34 and/or 45A then the Ombudsman is requested to
provide evidence on affidavit or otherwise including by way of submissions,
that the documents are exempt under ss 33, 34 or 45A. If the Information
Commissioner is not satisfied on the basis of the submissions, the OAIC may
require the documents to be produced for inspection in accordance with
s 55U.
i. The submissions could also refer to any other relevant information
that the Ombudsman wishes to provide in support of its decision.
b. The FOI request, and any correspondence that modifies its scope.
4
c. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A 27A, or informally (including
consultations with other government agencies).
d. If any third parties have been notified of this IC review a copy of the written
notifications.
e. Copies of any correspondence between the Ombudsman, and anyone who
was consulted, including file notes of any relevant telephone conversations.
f. Should the scope of the IC review involve exempt material, a marked up and
un-redacted copy of all documents identified within scope of the FOI request
that is subject of IC review (OAIC reference MR23/00790) in an electronic
format. A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
If alternative arrangements are required, please contact the OAIC at xxxxx@xxxx.xxx.xx.
The Information Commissioner will share the submissions the Ombudsman provides during
the IC review with the applicant unless there are compelling reasons not to. However, we do
not provide the applicant with copies of the document/s at issue.
Direction issued by Carl English, Acting Director, Freedom of Information Regulatory
Branch
Signed:
Carl English
Acting Director
14 July 2023
5
Attachment B
Notice to produce documents and give information
In relation to MR23/00790, under ss 55T of the FOI Act, I, Carl English, delegate of the
Australian Information Commissioner, require you, Jodie s47E(d) Director, Defence,
Investigations, ACT & Legal Branch, Commonwealth Ombudsman, to give me the following
information by close of business
4 August 2023:
• a marked up and un-redacted copy of all documents identified within scope of
the FOI request in an electronic format. Material which is claimed to be exempt
should be highlighted with reference made to the exemption/s applied.
Compliance with this notice can be met by delivering the responses to the above notices
electronically to xxxxx@xxxx.xxx.xx.
Notice issued by Carl English, Acting Director, Freedom of Information Regulatory
Branch
Signed:
Carl English
Acting Director
14 July 2023
6
Notice to produce documents and give information
The Information Commissioner may, for the purposes of deciding whether the document is
an exempt document, require the document to be produced (s 55T of the FOI Act).
Should the scope of the IC review involve exempt material, please provide a marked up and
un-redacted copy of all documents identified within scope of the FOI request that is subject
of IC review (OAIC reference MR23/00477) in an electronic format under s 55T of the FOI Act.
A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
Obligations during the IC review process
The obligations of the Respondent during the IC review process are set out under:
− ss 55D, 55DA and 55Z of the FOI Act
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act
− Direction as to certain procedures to be followed in IC reviews issued under
s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Tania Strathearn
Intake and Early Resolution Team
Freedom of Information Branch
[Enclosed: IC review application].
17 August 2023
2
Attachment A
Direction to
the Commonwealth Ombudsman
under s 55(2)(e)(ii) of the Freedom of Information Act
1982
Section 55(2)(e)(ii) of the
Freedom of Information Act 1982 (FOI Act) provides that the
Information Commissioner may give written directions as to the procedure to be followed in
relation to a particular IC review.
In relation to MR23/00477, I, Tania Strathearn, delegate of the Australian Information
Commissioner, issue the following direction to the Commonwealth Ombudsman (the
Ombudsman) under s 55(2)(e)(ii) of the FOI Act:
Revised decision – full access
1. Should the Ombudsman wish to provide full access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s
55G of the FOI Act and provide the revised decision to the applicant and the OAIC by
Thursday, 7 September 2023.
Revised decision – partial access
2. Should the Ombudsman wish to provide partial access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s
55G of the FOI Act and provide the revised decision to the applicant and the OAIC by
Thursday, 7 September 2023.
3. Please also provide the following documents to the OAIC by
Thursday, 7 September
2023:
a. The FOI request, and any correspondence that modifies its scope.
3
b. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A, 27A, or informally (including
consultations with other government agencies).
c. If any third parties have been notified of this IC review a copy of the written
notifications.
d. Copies of any correspondence between the Ombudsman and anyone who
was consulted, including file notes of any relevant telephone conversations.
e. A marked up and un-redacted copy of all documents identified within scope
of the FOI request that is subject of IC review (OAIC reference MR23/00477) in
an electronic format. A notice to produce under s 55T of the FOI Act is set out
at
Attachment B.
Submissions – access refusal
4. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the applicant and the OAIC the following by
Thursday, 7 September 2023:
a. Submissions explaining the access refusal decision.
The submissions should
be provided by an officer who is appropriately qualified to provide evidence
about the material.
i. The submissions should:
⎯ identify where appropriate, the total number of documents.
⎯ identify the documents the Ombudsman claims are exempt
and the particular provisions of the FOI Act the Ombudsman
is relying on (noting the relevant document and page
numbers).
⎯ include clear particulars about why the Ombudsman
contends that the applicant should be refused access to the
documents.
5. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the OAIC the following by
Thursday, 7 September 2023:
a. Should the Ombudsman wish to claim that the documents at issue are
exempt under ss 33, 34 and/or 45A then the Ombudsman is requested to
provide evidence on affidavit or otherwise including by way of submissions,
that the documents are exempt under ss 33, 34 or 45A. If the Information
Commissioner is not satisfied on the basis of the submissions, the OAIC may
require the documents to be produced for inspection in accordance with
s 55U.
4
i. The submissions could also refer to any other relevant information
that the Ombudsman wishes to provide in support of its decision.
b. The FOI request, and any correspondence that modifies its scope.
c. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A 27A, or informally (including
consultations with other government agencies).
d. If any third parties have been notified of this IC review a copy of the written
notifications.
e. Copies of any correspondence between the Ombudsman, and anyone who
was consulted, including file notes of any relevant telephone conversations.
f. Should the scope of the IC review involve exempt material, a marked up and
un-redacted copy of all documents identified within scope of the FOI request
that is subject of IC review (OAIC reference MR23/00477) in an electronic
format. A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
If alternative arrangements are required, please contact the OAIC at xxxxx@xxxx.xxx.xx.
The Information Commissioner will share the submissions the Ombudsman provides during
the IC review with the applicant unless there are compelling reasons not to. However, we do
not provide the applicant with copies of the document/s at issue.
Direction issued by Tania Strathearn, Acting Director, Freedom of Information
Branch
Signed:
Tania Strathearn
17 August 2023
5
Attachment B
Notice to produce documents and give information
In relation to MR23/00477, under s 55T of the FOI Act, I, Tania Strathearn, delegate of the
Australian Information Commissioner, require you, Ms Jodie s47E(d) Director, Defence,
Investigations, ACT & Legal Branch, Commonwealth Ombudsman, to give me the following
information by close of business
Thursday, 7 September 2023:
• a marked up and un-redacted copy of all documents identified within scope of
the FOI request in an electronic format. Material which is claimed to be exempt
should be highlighted with reference made to the exemption/s applied.
Compliance with this notice can be met by delivering the responses to the above notices
electronically to xxxxx@xxxx.xxx.xx.
Notice issued by Tania Strathearn, Acting Director, Freedom of Information
Regulatory Branch
Signed:
Tania Strathearn
17 August 2023
6
of IC review (OAIC reference MR23/01385) in an electronic format under s 55T of the FOI Act.
A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
Obligations during the IC review process
The obligations of the Respondent during the IC review process are set out under:
− ss 55D, 55DA and 55Z of the FOI Act
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act
− Direction as to certain procedures to be fol owed in IC reviews issued under
s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
[Enclosed: IC review application].
11 December 2023
2
Attachment A
Direction to
the Commonwealth Ombudsman
under s 55(2)(e)(ii) of the Freedom of Information Act
1982
Section 55(2)(e)(ii) of the
Freedom of Information Act 1982 (FOI Act) provides that the
Information Commissioner may give written directions as to the procedure to be fol owed in
relation to a particular IC review.
In relation to MR23/01385, I, Hannah Holswilder, delegate of the Australian Information
Commissioner, issue the fol owing direction to the Commonwealth Ombudsman (the
Ombudsman) under s 55(2)(e)(i ) of the FOI Act:
Revised decision – full access
1. Should the Ombudsman wish to provide full access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s
55G of the FOI Act and provide the revised decision to the applicant and the OAIC by
15 January 2024.
Revised decision – partial access
2. Should the Ombudsman wish to provide partial access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s
55G of the FOI Act and provide the revised decision to the applicant and the OAIC by
15 January 2024.
3. Please also provide the fol owing documents to the OAIC by
15 January 2024:
a. The FOI request, and any correspondence that modifies its scope.
b. The names and contact details of anyone who was consulted by the
Ombudsman formal y under ss 15(7), 26A, 27A, or informal y (including
consultations with other government agencies).
3
c. If any third parties have been notified of this IC review a copy of the written
notifications.
d. Copies of any correspondence between the Ombudsman and anyone who
was consulted, including file notes of any relevant telephone conversations.
e. A marked up and un-redacted copy of al documents identified within scope
of the FOI request that is subject of IC review (OAIC reference MR23/01385) in
an electronic format. A notice to produce under s 55T of the FOI Act is set out
at
Attachment B.
Submissions – access refusal
4. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the applicant and the OAIC the fol owing by
15 January 2024:
a. Submissions explaining the access refusal decision.
The submissions should
be provided by an officer who is appropriately qualified to provide evidence
about the material.
i. The submissions should:
identify where appropriate, the total number of documents.
identify the documents the Ombudsman claims are exempt
and the particular provisions of the FOI Act the Ombudsman
is relying on (noting the relevant document and page
numbers).
include clear particulars about why the Ombudsman
contends that the applicant should be refused access to the
documents.
5. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the OAIC the fol owing by
15 January 2024:
a. Should the Ombudsman wish to claim that the documents at issue are
exempt under ss 33, 34 and/or 45A then the Ombudsman is requested to
provide evidence on affidavit or otherwise including by way of submissions,
that the documents are exempt under ss 33, 34 or 45A. If the Information
Commissioner is not satisfied on the basis of the submissions, the OAIC may
require the documents to be produced for inspection in accordance with
s 55U.
i. The submissions could also refer to any other relevant information
that the Ombudsman wishes to provide in support of its decision.
b. The FOI request, and any correspondence that modifies its scope.
4
c. The names and contact details of anyone who was consulted by the
Ombudsman formal y under ss 15(7), 26A 27A, or informal y (including
consultations with other government agencies).
d. If any third parties have been notified of this IC review a copy of the written
notifications.
e. Copies of any correspondence between the Ombudsman, and anyone who
was consulted, including file notes of any relevant telephone conversations.
f. Should the scope of the IC review involve exempt material, a marked up and
un-redacted copy of al documents identified within scope of the FOI request
that is subject of IC review (OAIC reference MR23/01385) in an electronic
format. A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
If alternative arrangements are required, please contact the OAIC at xxxxx@xxxx.xxx.xx.
The Information Commissioner wil share the submissions the Ombudsman provides during
the IC review with the applicant unless there are compel ing reasons not to. However, we do
not provide the applicant with copies of the document/s at issue.
Direction issued by Hannah Holswilder, Freedom of Information Branch
Signed:
Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
11 December 2023
5
Attachment B
Notice to produce documents and give information
In relation to MR23/01385, under ss 55T of the FOI Act, I, Hannah Holswilder, delegate of the
Australian Information Commissioner, require you Ms Jodie s47E(d) Director, the
Commonwealth Ombudsman, to give me the fol owing information by close of business
15
January 2024:
• a marked up and un-redacted copy of al documents identified within scope of
the FOI request in an electronic format. Material which is claimed to be exempt
should be highlighted with reference made to the exemption/s applied.
Compliance with this notice can be met by delivering the responses to the above notices
electronically to xxxxx@xxxx.xxx.xx.
Notice issued by Hannah Holswilder, Freedom of Information Branch
Signed:
Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
11 December 2023
6
Notice to produce documents and give information
The Information Commissioner may, for the purposes of deciding whether the document is
an exempt document, require the document to be produced (s 55T of the FOI Act).
Should the scope of the IC review involve exempt material, please provide a marked up and
un-redacted copy of all documents identified within scope of the FOI request that is subject
of IC review (OAIC reference MR23/01277) in an electronic format under s 55T of the FOI Act.
A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
Obligations during the IC review process
The obligations of the Respondent during the IC review process are set out under:
− ss 55D, 55DA and 55Z of the FOI Act
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act
− Direction as to certain procedures to be followed in IC reviews issued under
s 55(2)(e)(i) of the FOI Act.
Yours sincerely,
Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
[Enclosed: IC review application].
21 December 2023
2
Attachment A
Direction to
the Commonwealth Ombudsman
under s 55(2)(e)(ii) of the Freedom of Information Act
1982
Section 55(2)(e)(i ) of the
Freedom of Information Act 1982 (FOI Act) provides that the
Information Commissioner may give written directions as to the procedure to be followed in
relation to a particular IC review.
In relation to MR23/01277, I, Hannah Holswilder, delegate of the Australian Information
Commissioner, issue the following direction to the Commonwealth Ombudsman (the
Ombudsman) under s 55(2)(e)(i ) of the FOI Act:
Revised decision – full access
1. Should the Ombudsman wish to provide full access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s 55G
of the FOI Act and provide the revised decision to the applicant and the OAIC by
23
January 2024.
Revised decision – partial access
2. Should the Ombudsman wish to provide partial access to the documents within the
scope of the request, I request that Ombudsman make a revised decision under s 55G
of the FOI Act and provide the revised decision to the applicant and the OAIC by
23
January 2024.
3. Please also provide the following documents to the OAIC by
23 January 2024:
a. The FOI request, and any correspondence that modifies its scope.
b. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A, 27A, or informally (including
consultations with other government agencies).
3
c. If any third parties have been notified of this IC review a copy of the written
notifications.
d. Copies of any correspondence between the Ombudsman and anyone who
was consulted, including file notes of any relevant telephone conversations.
e. A marked up and un-redacted copy of all documents identified within scope
of the FOI request that is subject of IC review (OAIC reference MR23/01277) in
an electronic format. A notice to produce under s 55T of the FOI Act is set out
at
Attachment B.
Submissions – access refusal
4. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the applicant and the OAIC the following by
23 January 2024:
a. Submissions explaining the access refusal decision.
The submissions should
be provided by an officer who is appropriately qualified to provide evidence
about the material.
i. The submissions should:
identify where appropriate, the total number of documents.
identify the documents the Ombudsman claims are exempt
and the particular provisions of the FOI Act the Ombudsman
is relying on (noting the relevant document and page
numbers).
include clear particulars about why the Ombudsman
contends that the applicant should be refused access to the
documents.
5. Should the Ombudsman wish to refuse access, I request that the Ombudsman
provide the OAIC the following by
23 January 2024:
a. Should the Ombudsman wish to claim that the documents at issue are
exempt under ss 33, 34 and/or 45A then the Ombudsman is requested to
provide evidence on affidavit or otherwise including by way of submissions,
that the documents are exempt under ss 33, 34 or 45A. If the Information
Commissioner is not satisfied on the basis of the submissions, the OAIC may
require the documents to be produced for inspection in accordance with
s 55U.
i. The submissions could also refer to any other relevant information
that the Ombudsman wishes to provide in support of its decision.
b. The FOI request, and any correspondence that modifies its scope.
4
c. The names and contact details of anyone who was consulted by the
Ombudsman formally under ss 15(7), 26A 27A, or informally (including
consultations with other government agencies).
d. If any third parties have been notified of this IC review a copy of the written
notifications.
e. Copies of any correspondence between the Ombudsman, and anyone who
was consulted, including file notes of any relevant telephone conversations.
f. Should the scope of the IC review involve exempt material, a marked up and
un-redacted copy of all documents identified within scope of the FOI request
that is subject of IC review (OAIC reference MR23/01277) in an electronic
format. A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
If alternative arrangements are required, please contact the OAIC at xxxxx@xxxx.xxx.xx.
The Information Commissioner will share the submissions the Ombudsman provides during
the IC review with the applicant unless there are compelling reasons not to. However, we do
not provide the applicant with copies of the document/s at issue.
Direction issued by Hannah Holswilder, Freedom of Information Branch
Signed:
Yours sincerely,
Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
21 December 2023
5
Attachment B
Notice to produce documents and give information
In relation to MR23/01277, under ss 55T of the FOI Act, I, Hannah Holswilder, delegate of the
Australian Information Commissioner, require you the Commonwealth Ombudsman,
Director, Jodie s47E(d) to give me the following information by close of business
23 January
2024:
• a marked up and un-redacted copy of all documents identified within scope of
the FOI request in an electronic format. Material which is claimed to be exempt
should be highlighted with reference made to the exemption/s applied.
Compliance with this notice can be met by delivering the responses to the above notices
electronically to xxxxx@xxxx.xxx.xx.
Notice issued by Hannah Holswilder, Freedom of Information Branch
Signed:
Yours sincerely,
Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
21 December 2023
6
Should the scope of the IC review involve exempt material, please provide a marked up and
un-redacted copy of all documents identified within scope of the FOI request that is subject
of IC review (OAIC reference MR23/01226) in an electronic format under s 55T of the FOI Act.
A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
Obligations during the IC review process
The obligations of the Respondent during the IC review process are set out under:
− ss 55D, 55DA and 55Z of the FOI Act
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act
− Direction as to certain procedures to be followed in IC reviews issued under
s 55(2)(e)(i) of the FOI Act.
Yours sincerely,
Hannah Holswilder Director
Freedom of Information Branch
Office of the Australian Information Commissioner
[Enclosed: IC review application].
18 January 2024
2
Attachment A
Direction to
the Commonwealth Ombudsman
under s 55(2)(e)(ii) of the Freedom of Information Act
1982
Section 55(2)(e)(ii) of the
Freedom of Information Act 1982 (FOI Act) provides that the
Information Commissioner may give written directions as to the procedure to be followed in
relation to a particular IC review.
In relation to MR23/01226, I, Hannah Holswilder, delegate of the Australian Information
Commissioner, issue the following direction to the Commonwealth Ombudsman (the
Agency) under s 55(2)(e)(ii) of the FOI Act:
Revised decision – full access
1. Should the Agency wish to provide full access to the documents within the scope of
the request, I request that Agency make a revised decision under s 55G of the FOI Act
and provide the revised decision to the applicant and the OAIC by
Thursday, 8
February 2024.
Revised decision – partial access
2. Should the Agency wish to provide partial access to the documents within the scope
of the request, I request that Agency make a revised decision under s 55G of the FOI
Act and provide the revised decision to the applicant and the OAIC by
Thursday, 8
February 2024.
3. Please also provide the following documents to the OAIC by
Thursday, 8 February
2024:
a. The FOI request, and any correspondence that modifies its scope.
3
b. The names and contact details of anyone who was consulted by the Agency
formally under ss 15(7), 26A, 27A, or informally (including consultations with
other government agencies).
c. If any third parties have been notified of this IC review a copy of the written
notifications.
d. Copies of any correspondence between the Agency and anyone who was
consulted, including file notes of any relevant telephone conversations.
e. A marked up and un-redacted copy of all documents identified within scope
of the FOI request that is subject of IC review (OAIC reference MR23/01226) in
an electronic format. A notice to produce under s 55T of the FOI Act is set out
at
Attachment B.
Submissions – access refusal
4. Should the Agency wish to refuse access, I request that the Agency provide the
applicant and the OAIC the following by
Thursday, 8 February 2024:
a. Submissions explaining the access refusal decision.
The submissions should
be provided by an officer who is appropriately qualified to provide evidence
about the material.
i. The submissions should:
⎯ identify where appropriate, the total number of documents.
⎯ identify the documents the Agency claims are exempt and
the particular provisions of the FOI Act the Agency is relying
on (noting the relevant document and page numbers).
⎯ include clear particulars about why the Agency contends that
the applicant should be refused access to the documents.
5. Should the Agency wish to refuse access, I request that the Agency provide the OAIC
the following by
Thursday, 8 February 2024:
a. Should the Agency wish to claim that the documents at issue are exempt
under ss 33, 34 and/or 45A then the Agency is requested to provide evidence
on affidavit or otherwise including by way of submissions, that the
documents are exempt under ss 33, 34 or 45A. If the Information
Commissioner is not satisfied on the basis of the submissions, the OAIC may
require the documents to be produced for inspection in accordance with
s 55U.
4
i. The submissions could also refer to any other relevant information
that the Agency wishes to provide in support of its decision.
b. The FOI request, and any correspondence that modifies its scope.
c. The names and contact details of anyone who was consulted by the Agency
formally under ss 15(7), 26A 27A, or informally (including consultations with
other government agencies).
d. If any third parties have been notified of this IC review a copy of the written
notifications.
e. Copies of any correspondence between the Agency, and anyone who was
consulted, including file notes of any relevant telephone conversations.
f. Should the scope of the IC review involve exempt material, a marked up and
un-redacted copy of all documents identified within scope of the FOI request
that is subject of IC review (OAIC reference MR23/01226) in an electronic
format. A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
If alternative arrangements are required, please contact the OAIC at xxxxx@xxxx.xxx.xx.
The Information Commissioner will share the submissions the Agency provides during the IC
review with the applicant unless there are compelling reasons not to. However, we do not
provide the applicant with copies of the document/s at issue.
Direction issued by Hannah Holswilder, Director, Freedom of Information Branch
Signed:
Yours sincerely,
Hannah Holswilder Director
Freedom of Information Branch
Office of the Australian Information Commissioner
18 January 2024
5
Attachment B
Notice to produce documents and give information
In relation to MR23/01226, under ss 55T of the FOI Act, I, Hannah Holswilder, delegate of the
Australian Information Commissioner, require the Commonwealth Ombudsman to give me
the following information by close of business
Thursday, 8 February 2024:
• a marked up and un-redacted copy of all documents identified within scope of
the FOI request in an electronic format. Material which is claimed to be exempt
should be highlighted with reference made to the exemption/s applied.
Compliance with this notice can be met by delivering the responses to the above notices
electronically to xxxxx@xxxx.xxx.xx.
Notice issued by Hannah Holswilder, Director, Freedom of Information Branch
Signed:
Yours sincerely,
Hannah Holswilder Director
Freedom of Information Branch
Office of the Australian Information Commissioner
18 January 2024
6
