19 April 2024
FOI ref: 3546
Mr David Smith
By email: foi+request‐11139‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
FREEDOM OF INFORMATION REQUEST – DECISION
I refer to your request to Treasury on 19 February 2024 for access, under the
Freedom of
Information Act 1982 (
FOI Act), to the following:
[A]ny reports relating to internal or external reviews:
•
Held by the Treasury or the Data Standards Body; and
•
Relate to the operation and/or effectiveness of the Consumer Data Right, from 1
October 2022 – 15 February 2024.
I am an authorised decision maker under section 23 of the FOI Act.
Decision
The Treasury has identified one document in the scope of your request. I have decided to
refuse access to the document in full.
Further information regarding my decision is set out below.
Material Considered.
The material to which I have had regard in making this decision includes: the scope of the FOI
request; the content of the document subject to your request; the relevant provisions in the
FOI Act; advice from subject matter experts within the Treasury; consultation with a relevant
third party; and the Guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act (
FOI Guidelines).
Langton Crescent
Parkes ACT 2600
Australia
P: +61 2 6263 2800
Reasons for decision
Section 47E(d) – Operations of agencies
Section 47E(d) of the FOI Act provides a document is conditionally exempt if its disclosure
would, or could reasonably be expected to, have a substantial adverse effect on the proper
and efficient operations of an agency.
A key function of the Treasury is to develop robust economic policy for Government by
anticipating and analysing policy issues with a whole-of-economy perspective. To carry out this
function, the Treasury undertakes consultation with relevant Industry stakeholders.
The document subject to your request was commissioned for internal Treasury purposes and
contains commercially sensitive information provided by industry stakeholders. Industry
stakeholders were advised ahead of consultation with the author that any information they
provide that is commercially sensitive would be kept confidential. Further, in preparing the
document, the author amalgamated commercially sensitive information provided in the
consultations which raises practical difficulties associated with undertaking consultation with
those stakeholders.
Accordingly, I consider that if the document were to be disclosed under the FOI Act, industry
stakeholders may be unwilling to provide their frank and candid views to the Treasury in the
future for fear of those views being disclosed under the FOI Act. I consider this, in turn, could
reasonably be expected to have a substantial adverse effect on the Treasury’s ability to carry
out its function of developing robust economic policy for Government.
I therefore find that the document is conditionally exempt from disclosure under section
47E(d) of the FOI Act. My consideration of the public interest is set out below.
Public Interest
Section 11A(5) of the FOI Act provides that conditionally exempt material must be released
unless its disclosure would, on balance, be contrary to the public interest. Section 11B(3) sets
out public interest factors favouring release, and section 11B(4) sets out factors that must not
be taken into account. The FOI Guidelines set out factors in favour of, and against, releasing
conditionally exempt material.
In favour of release, I have considered that disclosure of the document would further the
objects of the FOI Act and inform debate on a topic of interest to a substantial section of the
public.
Against release, I have considered:
• the public interest in maintaining the Treasury’s ability to obtain the frank and
candid views of industry stakeholders when analysing policy issues with a whole‐of‐
government perspective; and
• the public interest in maintaining the Treasury’s ability to develop robust economic
policy for Government.
On this basis, I consider there are overriding public interest factors against disclosure of the
relevant material. I have therefore decided the report is exempt under section 47E(d) of the
FOI Act.
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Rights of Review
A statement setting out your rights of review in this matter is attached.
Yours sincerely
James Kelly
James Kelly
Division Head
Market Conduct and Digital Division
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INFORMATION ON RIGHTS OF REVIEW
1.
APPLICATION FOR INTERNAL REVIEW OF DECISION
Section 54 of the FOI Act gives you the right to apply for an internal review of the decision
refusing to grant access to documents in accordance with your request.
An application for a review of the decision must be made in writing within 30 days of receipt of
this letter.
No particular form is required but it would assist the decision‐maker if you could set out in the
application the grounds on which you consider that the decision should be reviewed.
An application for a review of the decision should be emailed to xxx@xxxxxxxx.xxx.xx.
OR
2.
APPLICATION TO AUSTRALIAN INFORMATION COMMISSIONER (INFORMATION
COMMISSIONER) FOR REVIEW OF DECISION
Section 54L of the FOI Act gives you the right to seek a review of the decision from the
Information Commissioner. An application for review must be made within 60 days of
receiving the decision.
An application for review must be in writing and must:
– give details of how notices must be sent to you; and
– include a copy of the notice of decision.
You should send your application for review to:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
AND/OR
3.
COMPLAINTS TO THE INFORMATION COMMISSIONER
Section 70 of the FOI Act provides that a person may complain to the Information
Commissioner about action taken by an agency in the exercise of powers or the performance
of functions under the FOI Act.
A complaint to the Information Commissioner must be in writing and identify the agency the
complaint is about. It should be directed to the following address:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
The Information Commissioner may decline to investigate the complaint in a number of
circumstances, including that you did not exercise your right to ask the agency, the
Information Commissioner, a court or tribunal to review the decision.
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