15 July 2025
FOI ref: 2025/1019
Lorraine Ashbourne
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Lorraine Ashbourne,
Notice of Decision for Freedom of Information Request no. 2025/1019
The purpose of this letter is to give you a decision about access to documents that you have
requested under the
Freedom of Information Act 1982 (FOI Act).
Summary
I am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to
FOI requests.
I refer to your FOI request lodged with the Administrative Review Tribunal (ART/ the Tribunal)
on 15 June 2025 for access to:
For the date range of June 2023 to June 2025:
1. How many ART/AAT recordings are not accessible due to the recording being
'corrupt'?
2. How many requests for recordings or transcripts of hearings have been denied,
due to the audio recordings being 'corrupt'?
3. If an audio recording is rendered 'corrupt', does the ART keep alternative or backup
versions of recordings?
Decision
I have decided to refuse your request under 24A of the FOI Act on the basis that the
documents do not exist.
In making my decision, I have taken the following into account:
• the content of the documents that fall within the scope of your request;
• the FOI Act, specifically sections 17 and 24A; and
• the guidelines issued by the Australian Information Commissioner under s 93A of
the FOI Act (FOI Guidelines).
Sections 17 and 24A – Requests involving use of computers and documents that do not exist
I have considered your request with reference to section 17(1) of the FOI Act. Section 17 of
the FOI Act provides that an agency can deal with a request for information that is not
available in a discrete form in a writ en document, if the agency can produce the document
through use of a computer or other equipment that is ordinarily available to it.
The obligation under section 17 of the FOI Act to produce a writ en document only arises if
the Tribunal can produce the writ en document containing the information by using a
computer or other equipment that is ordinarily available for retrieving or collating stored
information, or making a transcript from a sound recording, and producing a writ en
document that would not substantially and unreasonably divert the resources of the Tribunal
from its operations.
I consider that these conditions are not met in relation to the three parts of your FOI request
and that the obligation under section 17(1) does not arise.
Section 24A of the FOI Act provides that, after all reasonable steps have been taken to find
the documents, access to documents may be refused if the documents do not exist or cannot
be found.
In relation to part one of your request seeking the number of ART/AAT recordings not
accessible due to the recording being corrupt over the period June 2023 to June 2025, I have
consulted with staff from the Tribunal Enterprise Technology Group (ETG). They have
advised that no report exists that can report on the number of recordings not accessible due
to the recording being corrupt. As the Tribunal does not have an existing report which
contains the above data, I am satisfied that the documents in relation to part one of your
request do not exist.
Part two of your request seeks the number of requests for recordings or transcripts of
hearings denied due to the audio recordings being corrupt over the period June 2023 to June
2025. For context, access requests may be received in various forms, some requests are
received under the FOI Act and some are released administratively, outside of the FOI Act.
The requests may be received in writing or in person and are then stored in various locations
in our multiple case management systems and file storage locations.
In order to find documents relevant to your request, I have liaised with the Tribunal’s ETG
team and they have confirmed that the Tribunal does not have a report that can provide the
number of recordings or transcript request refusals due to the audio recordings being corrupt.
Nor can a bespoke report be created for the purposes of this FOI request given the way
these requests are stored in the multiple case management systems and file storage
locations. As the Tribunal does not have existing reports which contain the above data, I am
satisfied that the documents in relation to part two of your request do not exist.
Part three of your request asks if the Tribunal keeps an alternative or backup version of
recordings if an audio recording is rendered corrupt. The purpose of the FOI Act is to provide
a right of access to documents of an agency. While part three of your request appears to be
asking a question rather than seek access to documents, I have interpreted part three of your
request to be seeking any documents that concern whether the ART keeps alternate or
backup versions of audio recordings. I have conducted searches of Tribunal policies and
procedures relating to hearing audio recordings for ‘backup’, ‘corrupt’ and ‘alternate audio’. I
identified no documents as falling within the scope of this part of your request. I am satisfied
that the documents in relation to part three of your request do not exist.
I am satisfied that all reasonable steps have been taken to locate the documents sought. I
am satisfied that the documents cannot be found or do not exist and refuse the request
under section 24A of the FOI Act.
Your review rights
Information about how you can apply for a review of this decision or complain about how we
have dealt with this matter is set out in the attached fact sheet, FOI 2.
If you have any questions about this decision, please contact me at
xxx@xxx.xxx.xx. Yours sincerely,
Kellie T
Authorised FOI Of icer (APS6)
Attachments
FOI 2 – Information about reviews and complaints under the Freedom of Information Act
Level 6, 83 Clarence Street
Sydney NSW 2000
GPO Box 9955 Sydney NSW 2001
Information about reviews and complaints under the
Freedom of Information Act
What should I do prior to applying for internal review or contacting the Office of
the Australian Information Commissioner?
Before you apply for an internal review or contact the Of ice of the Australian Information
Commissioner, we recommend that you telephone the of icer who made the FOI decision. It is
often possible to resolve concerns or answer your questions using this approach and, if not,
the officer wil be able to assist you in applying for review.
How do I apply for internal review to the AAT?
You can apply to us for an internal review of the FOI decision. The application for internal
review must be made within 30 days or such further period as we allow, after the day the
decision is notified to you. To apply for an internal review you must do so in writing. You may
also wish to explain why you are not satisfied with the decision. A dif erent and more senior
officer authorised under the
Freedom of Information Act 1982 (the FOI Act) wil conduct the
internal review and make a new decision within 30 days after receipt of your application.
If you have already applied for internal review and want to seek a further review of that decision,
you wil need to apply to the Australian Information Commissioner.
How do I apply for review to the Australian Information Commissioner?
You may also apply directly to the Australian Information Commissioner for review of the FOI
decision. The application for review must be made within 60 days after the day notice of the
decision was given. An application for review must be in writing, include details of how notices
in relation to the review are to be sent to you and include a copy of the decision. You may also
wish to explain why you are not satisfied with the decision. An online application form is
available on the Office of the Australian Information Commissioner’s website found here:
Information Commissioner Review Application form.
What if I want to make a complaint about the handling of a Freedom of
Information request?
If you have a complaint about the way in which we have processed your request for access
under the FOI Act you can ask the Australian Information Commissioner to investigate. An
online complaint form is available on the Office of the Australian Information Commissioner’s
website, found her
e FOI Complaint Form.
Where can I find further information or contact details for the Office of the
Australian Information Commissioner?
Further information is available on the Office of the Australian Information Commissioner’s
website at
www.oaic.gov.au and you can contact the office on 1300 363 992 or by email at
xxxxxxxxx@xxxx.xxx.xx..
FOI 2 (April 2024)
