Your Ref
Our Ref
LEX 1609
Bob Buckley
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Buckley
Your Freedom of Information request - decision
I refer to your request, received by the Department of Education (department) on 19 June
2025 and revised on 9 July 2025 fol owing a request consultation process, for access under
the
Freedom of Information Act 1982 (FOI Act) to the fol owing documents:
“information about (records of) communication since 1/9/2024 relating to the National
Autism Strategy (NAS) that was released earlier this year (2025) between officials in your
department and the Department of Social Security (especially its NAS Oversight Committee or
its Secretariat)” excluding duplicates and documents marked ‘Cabinet’ and including only the
final email of email chains (unless earlier emails in the chain contain attachments not
captured by the final email in the chain).
My decision
I am authorised to make decisions under section 23(1) of the FOI Act.
The department holds 10 documents (totalling 201 pages) that fall within the scope of your
request.
I have decided to:
• grant you
access in ful to 9 documents (documents 1-3 and 5-10)
• grant you
access in part to 1 document (document 4) with some of the content
removed
I have decided that part of a document you have requested is exempt under the FOI Act
because it contains personal information, the disclosure of which would be unreasonable
and contrary to the public interest (section 47F conditional exemption).
A schedule of the documents and the reasons for my decision are set out at
Attachment A.
Charge
On 11 July 2025, the department advised you of the preliminary estimate of the charge for
processing your request, being $410.
GPO Box 9880, Canberra ACT 2601 | Phone 1300 488 064 | www.education.gov.au | ABN 12 862 898 150
On 17 July 2025, you contended the charge for processing your request under the FOI Act
was wrongly assessed and should not be imposed.
Subsection 29(5) of the FOI Act provides that, without limiting the matters that an agency may
take into account when making a decision about whether to reduce, or not impose, a
processing charge, the decision maker must consider:
• whether payment of a charge, or part of it, would cause financial hardship to an
applicant; and
• whether the giving of access to the document in question is in the general public
interest, or in the interest of a substantial section of the public.
In addition to these two matters, paragraph 4.3 of the FOI Guidelines issued by the Australian
Information Commissioner under section 93A of the FOI Act provides that an agency has a
discretion to impose or not impose a charge, or to impose a lower charge.
While I consider there are grounds for a processing charge to be imposed for the processing
of your FOI request, on this occasion, I have decided to exercise my discretion to not impose
the charge of $410.
How we wil send your documents
Documents 1-10 are attached.
You can ask for a review of my decision
If you disagree with any part of the decision, you can ask for a review. There are two ways
you can do this. You can ask for an internal review by the department or an external review
by the Australian Information Commissioner.
You can find information about your rights of review under the FOI Act, as well as
information about how to make a complaint at
Attachment B.
Further assistance
If you have any questions, please email xxx@xxxxxxxxx.xxx.xx.
Yours sincerely
Lauren
Authorised decision maker
Freedom of Information Team
Department of Education
14 August 2025
7.
24-174
13/1/25
Email from DSS to the department
Grant access in
N/A
Irrelevant material deleted under
about the launch of the National
full
section 22
Autism Strategy
8.
175-177
4/12/25
Email from the department to DSS
Grant access in
N/A
Irrelevant material deleted under
about IT issues with emails and
full
section 22
feedback on the National Autism
Strategy Action Plan
9.
178
2/12/25
Email from DSS to the department
Grant access in
N/A
Irrelevant material deleted under
about feedback on the National
full
section 22
Autism Strategy and action plan
10.
179-201
27/2/25
Email from DSS to the department
Grant access in
N/A
Irrelevant material deleted under
about procurement for the National full
section 22
Autism Strategy
REASONS FOR DECISION
What you requested
On 19 June 2025, you requested the fol owing:
“information about (records of) communication since 1/9/2024 relating to the National Autism
Strategy (NAS) that was released earlier this year (2025) between officials in your department
and the Department of Social Security (especially its NAS Oversight Committee or its
Secretariat).”
On 2 July 2025, the department advised you that it would treat the names, signatures, position
titles and contact details of Commonwealth employees as irrelevant in accordance with
section 22 of the FOI Act unless you advised otherwise. As you did not advise that you wished
to have this information included in the scope of your request, I have redacted the names,
signatures, position titles and contact details of departmental staff members as irrelevant
material under section 22 of the FOI Act.
On 9 July 2025, I wrote to you under sections 24AA(1)(a)(i), 24AA(2) and 24 of the FOI Act to
tell you that it was likely that processing your request would substantially and unreasonably
divert the resources of the department. I invited you to narrow the scope of your request in a
way that may al ow the department to process your request.
On the same day, you revised your request in the fol owing terms:
“information about (records of) communication since 1/9/2024 relating to the National
Autism Strategy (NAS) that was released earlier this year (2025) between officials in your
department and the Department of Social Security (especially its NAS Oversight Committee or
its Secretariat)” excluding duplicates and documents marked ‘Cabinet’ and including only the
final email of email chains (unless earlier emails in the chain contain attachments not
captured by the final email in the chain).
On 11 July 2025, the department advised you of the preliminary estimate of the charge for
processing your request, being $410.
On 17 July 2025, you contended the charge for processing your request under the FOI Act was
wrongly assessed and should not be imposed.
As outlined above, as of the date of this letter, I have decided to exercise my discretion to not
impose the charge of $410.
What I took into account
In reaching my decision, I took into account:
• your request dated 19 June 2025, and revised request dated 9 July 2025
• other correspondence with you
• the documents that fal within the scope of your request
• consultations with departmental officers about the nature of the documents and the
operating environment and functions of the department
• consultations with the Department of Social Services about documents relating to that
agency
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (FOI Guidelines)
• the
Freedom of Information (Charges) Regulations 2019 • the FOI Act.
Reasons for my decision
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided that small parts of Document 4 are exempt under the FOI Act. My findings of
fact and reasons for deciding that an exemption applies to the document are discussed below.
Section 22 of the FOI Act: access to edited copies with irrelevant matter deleted
I have decided that all of the documents fal ing within the scope of your request
contain
exempt or irrelevant material. In this regard, sections 22(1) and (2) of the FOI Act provide that:
Scope
(1)
This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(ii) that to give access to a document would disclose information that
would reasonably be regarded as irrelevant to the request for access;
and
(b) it is possible for the agency or Minister to prepare a copy (an edited copy)
of the document, modified by deletions, ensuring that:
(i)
access to the edited copy would be required to be given under
section 11A (access to documents on request); and
(ii)
the edited copy would not disclose any information that would
reasonably be regarded as irrelevant to the request; and
(c)
it is reasonably practicable for the agency or Minister to prepare the edited
copy, having regard to:
(i)
the nature and extent of the modification; and
(ii)
the resources available to modify the document; and
(d) it is not apparent (from the request or from consultation with the applicant)
that the applicant would decline access to the edited copy.
Access to edited copy
(2)
The agency or Minister must:
(a) prepare the edited copy as mentioned in paragraph (1)(b); and
(b) give the applicant access to the edited copy.
The documents identified in the Schedule of Documents include exempt or irrelevant material.
In accordance with section 22 of the FOI Act, I have deleted exempt and irrelevant material
where possible from the pages identified in the Schedule of Documents and have decided to
release the remaining material to you.
Section 47F of the FOI Act – personal information
I have applied the conditional exemption in section 47F(1) of the FOI Act to small parts of
Document 4.
Section 47F of the FOI Act relevantly provides:
(1) A document is conditionally exempt if its disclosure under this Act would involve the
unreasonable disclosure of personal information about any person (including a deceased
person).
(2) In determining whether the disclosure of the document would involve the unreasonable
disclosure of personal information, an agency or Minister must have regard to the
fol owing matters:
a. the extent to which the information is well known
b. whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt with in the document
c. the availability of the information from publicly accessible sources
d. any other matters that the agency or Minister considers relevant.
Personal information
Personal information is information or an opinion about an identifiable individual, or an
individual who is reasonably identifiable:
• whether the information or opinion is true or not
• whether the information or opinion is recorded in a material form or not.
Paragraph 6.125 of the FOI Guidelines provides that personal information can include the
name, address, telephone number, date of birth and signature of a person.
I find that the documents identified in the Schedule of Documents contain personal
information about individuals, including their names, position titles and places of
employment.
Unreasonable disclosure
In addition to the factors specified in section 47F(2) of the FOI Act, paragraph 6.133 of the FOI
Guidelines provides:
The personal privacy conditional exemption is designed to prevent the unreasonable invasion
of third parties’ privacy. The test of ‘unreasonableness’ implies a need to balance the public
interest in disclosure of government-held information and the private interest in the privacy of
individuals.
I am satisfied that the disclosure of the above personal information (the names, position titles
and places of employment of multiple individuals) would be unreasonable for the fol owing
reasons:
• disclosure of the information may reveal that some of the individuals have a lived
experience of autism, which may not be public knowledge
• while some of the personal information may be available from publicly accessible
sources, the individuals to whom the information relates are not known to be
associated with expression of interest processes relating to the National Autism
Strategy, as such details are not publicly available
• disclosure of the information would not advance the public interest in government
transparency and integrity, given I am advised members of the National Autism
Strategy Reference Group and Working Groups were selected via a public expression
of interest process, and
• the FOI Act does not control or restrict any subsequent use or dissemination of
information released under the FOI Act.
On this basis, I have decided that the personal information in the documents is conditional y
exempt under section 47F(1) of the FOI Act. I have discussed the public interest considerations
below under the heading ‘Public interest’.
Public interest
Section 11A(5) of the FOI Act provides:
The agency or Minister must give the person access to the document if it is conditionally exempt
at a particular time unless (in the circumstances) access to the document at that time would,
on balance, be contrary to the public interest.
When weighing the public interest for and against disclosure under section 11A(5) of the FOI
Act, I have taken into account relevant factors in favour of disclosure. In particular, I have
considered the extent to which disclosure would:
• promote the objects of the FOI Act, including increasing scrutiny, discussion,
comment and review of the Government’s activities, and
• inform debate on a matter of public importance being the department’s programs
and functions, and broader Commonwealth policies.
I have also considered the relevant factors weighing against disclosure, indicating that access
would be contrary to the public interest. In particular, I have considered the extent to which
disclosure could reasonably be expected to prejudice the protection of multiple individuals’
right to privacy.
Based on these factors, I have decided that, in this instance, the public interest in disclosing
the information in the documents is outweighed by the public interest against disclosure.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI
Act in making this decision.
Conclusion
In summary, I am satisfied that small parts of Document 4, as set out in the Schedule of
Documents, are conditional y exempt under section 47F of the FOI Act. Further, I have decided
that, on balance, it would be contrary to the public interest to release this information.
Therefore, I have decided not to release this information to you.
I have deleted the exempt material and released the remaining material to you in accordance
with section 22 of the FOI Act.
Attachment B
YOUR RIGHTS OF REVIEW
Asking for a formal review of an FOI decision
If you believe the decision is incorrect, the FOI Act gives you the right to apply for a review of
the decision. Under sections 54 and 54L of the FOI Act, you can apply for a review of an FOI
decision by:
• an internal review officer in the department and/or
• the Australian Information Commissioner.
There are no fees for applying for a formal review.
Applying for an internal review by an internal review officer
If you apply for internal review, a different decision maker to the decision maker who made
the original decision will review your request. The internal review decision maker will
consider all aspects of the original decision afresh and decide whether the decision should
change.
An application for internal review must be made in writing within 30 days of receiving this
letter. You can lodge your application by email to xxx@xxxxxxxxx.xxx.xx.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
You can lodge your application in one of the following ways:
Online:
https://webform.oaic.gov.au/prod?entitytype=ICReview&layoutcode=ICReviewWF
Email:
xxxxx@xxxx.xxx.xx
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Complaints to the Australian Information Commissioner
Australian Information Commissioner
You may complain to the Australian 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 Australian Information Commissioner must be made in writing and can be
lodged in one of the following ways:
Online:
https://webform.oaic.gov.au/prod?entitytype=Complaint&layoutcode=FOIComplaintWF
Email:
xxxxx@xxxx.xxx.xx
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001