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Attachment C: Statement of Reasons
FOI/2425/085
1. This attachment, together with the
Decision Notice and
Attachment B – Schedule of Documents, provides
the reasons I have decided not to disclose certain material to you in response to your request for documents
under the
Freedom of Information Act 1982 (FOI Act).
2.
Attachment B – Schedule of Documents provides a table with the description of documents, the decision
with respect to each document and a reference to the relevant provision that has been relied upon to exempt
the document from release. My considerations under the relevant provisions column are discussed below.
Document searches
3. I have consulted with the relevant line areas and reviewed the record of the various search and retrieval
efforts. I am satisfied that a reasonable search has been undertaken in response to your request.
Business information (section 47G)
4. Section 47G conditionally exempts documents where release of the document would disclose information
concerning a person in respect of their business or professional affairs, or concerning the business,
commercial or financial affairs of an organisation or undertaking (business information), where the disclosure
of the information:
• would, or could reasonably be expected to, unreasonably affect the person adversely in respect of his or
her lawful business or professional affairs or that organisation or undertaking in respect of its lawful
business, commercial or financial affairs, or
• could reasonably be expected to prejudice the future supply of information to the Commonwealth or an
agency for the purpose of the administration of a law of the Commonwealth or of a Territory or the
administration of matters administered by an agency.
5. I am satisfied that the documents contain information concerning the third party (
Deloitte) and their
business, including a detailed analysis of Deloitte’s research methodologies and processes, which
underpinned the conclusions drawn in the report. I note that this includes a detailed overview of a data tool
which was developed and utilised by Deloitte for the purpose of supporting its analysis within the report.
6. I am satisfied that Deloitte’s research methodologies grant Deloitte a competitive advantage over other
professional service firms.
7. I am satisfied that were this information released, it would be detrimental to Deloitte’s market position and
business affairs.
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8. I note that this information is not publicly available. I am satisfied that release of this material could
unreasonably and adversely affect the capacity for Deloitte to conduct their affairs freely. For these reasons, I
am satisfied that the material is conditionally exempt under section 47G(1)(a) of the FOI Act.
9. As I have found that the relevant material is conditionally exempt, I am required to consider whether it would
be contrary to the public interest to grant access to the conditionally exempt material at this time.
Public interest
10. Under the FOI Act, access to conditionally exempt documents must generally be given unless doing so would
be contrary to the public interest. In making my decision, I have considered the factors mentioned in
paragraphs 5 to 9 of this document.
11. My consideration of the public interest test regarding the application of section 47G of the FOI Act follows:
Factors in favour of disclosure
12. Of the factors favouring disclosure, I consider the release of the conditionally exempt material would inform
debate on a matter of public importance.
Factors against disclosure
13. Of the factors against disclosure, I consider the release of the conditionally exempt material:
• could reasonably be expected to discourage the flow of information to the NIAA for the purposes of
grants administration and assessment, and prejudice the ability for the NIAA to obtain similar information
in future, and
• could reasonably be expected to prejudice the business activities of Deloitte.
14. On balance, I have decided that the factors against disclosure outweigh those favouring disclosure and that
disclosure of the conditionally exempt material would be contrary to the public interest.
Publication (section 11C)
15. Where an applicant is provided access to a document, section 11C of the FOI Act requires the NIAA to publish
the document to members of the general public within ten (10) business days of providing the applicant with
access to the document.
16. Documents are published on NIAA Disclosure Log
at https://www.niaa.gov.au/foi/agency-foi-disclosure-logs.
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Attachment C: Statement of Reasons
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