Our ref: CMTEDDFOI 2025-153
Karen
via email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Karen
FREEDOM OF INFORMATION REQUEST – NOTICE OF DECISION
I refer to your application under section 30 of the
Freedom of Information Act 2016
(the Act), which was transferred to b the Chief Minister, Treasury and Economic
Development Directorate (CMTEDD) on 29 April 2025.
Specifically, you have sought access to the following information:
1. Total number of Summons issued pursuant to s 40(1) Construction Occupations
(Licensing) Act 2004 (ACT) between January 2021 and January 2025; and
2. Total number of Summons issued pursuant to s 31(2) Construction Occupations
(Licensing) Act 2004 (ACT) between January 2021 and January 2025, and
3. Total number of Summons issued pursuant to the Construction Occupations
(Licensing) Act 2004 (ACT) between January 2021 and January 2025.
Authority
I am an Information Officer appointed by the CMTEDD Director-General under section 18
of the Act to deal with access applications made under Part 5 of the Act.
Timeframes
In accordance with section 40 of the Act, CMTEDD is required to provide a decision on
your access application within 30 days.
Therefore a decision notice is due to you by
12 June 2025. Decision on access
Access Canberra has generated a data response to your request. The information
available is provided in the table below:
Part of request
Data response
1. Total number of Summons issued pursuant to s 40(1) Construction
3
Occupations (Licensing) Act 2004 (ACT) between January 2021 and
January 2025
2. Total number of Summons issued pursuant to s 31(2) Construction
1
Occupations (Licensing) Act 2004 (ACT) between January 2021 and
January 2025
3. Total number of Summons issued pursuant to the Construction
4
Occupations (Licensing) Act 2004 (ACT) between January 2021 and
January 2025.
I have decided to grant
full access to this information.
Chief Minister, Treasury and Economic Development
GPO Box 158 Canberra ACT 2601 | phone: 6207 7754 | www.act.gov.au
Statement of Reasons
In accordance with section 54(2) of the Act a statement of reasons outlining my decisions
is below. In reaching my access decisions, I have taken the fol owing into account:
• the Act
• the information that falls within the scope of your request
As a decision maker, I am required to determine whether the information within scope 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 nondisclosure in
Schedule 2 of
the Act.
There are no Schedule 1 factors relevant to the information in scope.
Exemptions claimed
Public Interest Test
The Act has a presumption 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.
Schedule 2: Factors to be considered when deciding the public interest.
Taking into consideration the information contained in the documents found to be within
the scope of your request, I have identified that the fol owing public interest factors are
relevant to determine if release of the information contained within these documents is
within the ‘public interest’.
Factors favouring disclosure (Section 2.1)
•
Section 2.1(a)(i) - promote open discussion of public affairs and enhance the
government’s accountability.
•
Section 2.1(a)(ii) - contribute to positive and informed debate on important issues
or matters of public interest.
I have placed substantial weight on the above factors favouring disclosure. The release of
this information can reasonably be expected to provide you information may promote
the open discussion of topics that that may be of interest to others within the
community.
I did not identify any factor favouring nondisclosure and have decided to release this
information 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 section 28 of the Act, CMTEDD maintains an online record of access applications
called
a disclosure log. Your original access application and my decision will be published on the CMTEDD
disclosure log. Your personal contact details will not be published.
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 provided to you, or a
longer period allowed by the Ombudsman.
We recommend using this form
Applying for an Ombudsman Review to ensure you
provide all of the required information. Alternatively, you may write to the Ombudsman
at:
The ACT Ombudsman
GPO Box 442
CANBERRA ACT 2601
Via email:
xxxxxx@xxxxxxxxx.xxx.xx
ACT Civil and Administrative Tribunal (ACAT) Review
Under section 84 of the Act, if a decision is made under section 82(1) on an Ombudsman
review, you may apply to the ACAT for review of the Ombudsman decision. Further
information may be obtained from the ACAT at: ACT Civil and Administrative Tribunal
GPO Box 370
Canberra City ACT 2601
Telephone: (02) 6207 1740
http://www.acat.act.gov.au/
Should you have any queries in relation to your request please contact the CMTEDD FOI
Team by telephone on 6207 7754 or email
xxxxxxxxx@xxx.xxx.xx. Yours sincerely
Emma Hotham
Information Officer
Chief Minister, Treasury and Economic Development Directorate
13 March 2025
Document Outline
