FOI 25-63
5 June 2025
Sydney
Jonathan Elias
1 Martin Place (Level 12), NSW 2000
GPO Box 9836, Sydney NSW 2001
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Australian Prudential Regulation Authority
02 9210 3000 |
apra.gov.au
Dear Mr Elias,
NOTICE OF DECISION MADE UNDER SECTION 23 OF THE FREEDOM OF
INFORMATION ACT 1982 (CTH) (FOI ACT) WITH REASONS FOR DECISION
PROVIDED UNDER SECTION 26
Applicant:
Jonathan Elias
Decision-maker:
Elizabeth (person number 102193), an authorised officer of the Australian Prudential
Regulation Authority (
APRA) for the purposes of subsection 23(1) of the FOI Act.
FOI request
‘I request a dataset showing the individual dollar amounts paid out for insurance claims
involving cars (i.e. standard passenger vehicles, excluding motorcycles and heavy
vehicles) under Third Party Property Damage (TPPD) motor vehicle insurance, for the
period from 1 January 2018 to 31 December 2023.
I do not seek any personal y identifiable information. I am only requesting the raw
payout amount per claim (one value per row). If the dataset includes a field identifying
vehicle type (e.g. "car", "motor vehicle"), that is welcome.
If available, I would prefer to receive the data in a machine-readable format, such as
CSV or Excel.
If the data is held or derived from submissions like GRF 410.0 or GRF 420.0, or from
any internal databases based on these forms, I would be happy to receive an extract
from that source.’
(
FOI request)
My decision:
Refuse access to the relevant documents based on the reasons outlined in this Notice
of Decision.
MATERIAL FACTS
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1. On 24 May 2025, you made the FOI request by email under the FOI Act.
2. On 26 May 2025, APRA acknowledged receipt of the FOI request by email.
EVIDENCE AND MATERIAL RELIED ON
3. In making my decision, I have relied on the following evidence and material:
(a) the Applicant’s request received by APRA on 24 May 2025;
(b) acknowledgment email from FOI Of icer to the Applicant dated 26 May 2025;
(c) internal APRA email correspondence 26 May 2025 to 29 May 2025;
(d) relevant sections of the FOI Act; and
(e) guidelines issued by the Of ice of the Australian Information Commissioner to date (
FOI Guidelines).
4. APRA has conducted al reasonable searches of its records in order to identify the documents relevant to your
FOI request (
relevant documents).
REASONS
5. I have decided to refuse access to the relevant documents. My reason for the refusal is as follows.
Documents cannot be found, do not exist or have not been received
6. APRA has taken al reasonable steps to locate the documents relevant to the request and I have concluded that
the documents do not exist. Accordingly, I refuse the FOI request for access to the documents under section
24A of the FOI Act.
7. An extract of section 24A of the FOI Act is attached to these reasons.
RIGHTS OF REVIEW
Application for Internal Review of decision
8. Under section 54 of the FOI Act, you have the right to apply for an internal review of the decision if you disagree
with my decision. If you make an application for review, another officer of APRA wil be appointed to conduct the
review and make a fresh decision on the merits of the case.
9. Under section 54B of the FOI Act, you must apply in writing for a review of the decision within 30 days after the
day the decision has been notified to you.
10. You do not have to pay any other fees or processing charges for an internal review, except fees and charges
applicable for providing access to further material, if any, in the document released as a result of the review (for
example, photocopying, inspection, etc).
11. No particular form is required to apply for review, although it is desirable (but not essential) to set out in the
application, the grounds on which you consider that the decision should be reviewed.
12. An application for internal review of the decision should be:
(a) sent by email t
o xxx@xxxx.xxx.xx (preferred); or
(b) sent by post or hand delivered, addressed to:
APRA 5 June 2025
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FOI Officer
Australian Prudential Regulation Authority
GPO Box 9836
Sydney NSW 2001
13. If you make an application for internal review and we do not make a decision within 30 days of receiving the
application, we are deemed to have affirmed the original decision. However, under section 54D of the FOI Act,
APRA may apply, in writing to the Information Commissioner for further time to undertake the internal review.
Application for review by Information Commissioner
14. Under section 54L of the FOI Act, you also have the right to apply to the Information Commissioner for a review
of the original decision set out in this Notice of Decision or a review of this decision made on internal review.
15. Any application must be in writing and must give details of an address where notices may be sent and include a
copy of the original decision or the decision made on internal review.
16. An application for review by the Information Commissioner may be lodged with one of the following:
Online
Complete and lodge the online review form at:
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-reviews/information-commissioner-review
(Alternatively, you may download & complete the review form, then send it to the Of ice of the
Australian Information Commissioner via post or email as detailed below)
Post
Director of FOI Dispute Resolution
GPO Box 5218, Sydney NSW 2001
Email
xxxxx@xxxx.xxx.xx
17. More information about your review rights under the FOI Act is available at:
https://www.oaic.gov.au/freedom-of-
information/foi-guidelines/part-10-review-by-the-information-commissioner/.
Application for review by Administrative Review Tribunal
18. If you apply for a review by the Information Commissioner, you may be able to make an application to the
Administrative Review Tribunal (
ART) for a review. The ART is an independent body with powers that include
the ability to make a fresh decision in relation to your FOI request. The Information Commissioner’s decision
letter should tell you whether are eligible to apply for the ART to conduct an independent review and the time
limit to lodge an application for review.
19. An application fee of $1121 is payable within six weeks of making an application to the ART. You may seek to
have this amount reduced if payment would cause you financial hardship.
20. You can obtain more information about the review process, the application fees, or the possible outcomes of a
review at
https://www.art.gov.au/applying-review/other-decisions or on 1800 228 333.
Complaints to the Information Commissioner
21. You may complain to the Information Commissioner concerning action taken by APRA in the exercise of powers
or the performance of functions under the FOI Act. There is no fee for making a complaint.
Elizabeth (person number 102193)
FOI Officer
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Australian Prudential Regulation Authority
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FREEDOM OF INFORMATION ACT 1982
24A Requests may be refused if documents cannot be found, do not exist or have not been received
Document lost or non-existent
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
Document not received as required by contract
(2) An agency may refuse a request for access to a document if:
(a) in order to comply with section 6C, the agency has taken contractual measures to ensure that it receives the
document; and
(b) the agency has not received the document; and
(c) the agency has taken all reasonable steps to receive the document in accordance with those contractual
measures.
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Document Outline