6 August 2025
FOI ref: 2025/1087
Mr Archibald Andrews
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Andrews,
Notice of Decision for Freedom of Information Request no. 2025/1087 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.
You lodged an FOI request on 24 June 2025 for access to:
1. The dates on which meetings of the Tribunal Advisory Committee occurred or will
occur between 14 October 2024 and 30 June 2025.
2. A list of members of the Tribunal Advisory Committee between 14 October 2024 and
30 June 2025.
3. For each of the meetings of the Tribunal Advisory Committee that occurred between
14 October 2024 and 30 June 2025:
a. a copy of the final agenda including any attachments provided to the
participants;
b. a copy of the minutes of the meeting, whether approved or not approved,
including any attachments.
On 23 July 2025, we wrote to you requesting an extension of time under section 15AA of the
FOI Act. On 24 July 2025, you agreed to the extended period for processing, and the due
date was revised to 7 August 2025 accordingly.
Search for documents and documents in scope
I have liaised with the Tribunal’s Executive and Governance team to locate documents
relevant to your request. As a result, I have identified
4 document sets which fall within the
scope of your request:
Part 1 of your request
The Tribunal does not hold a discrete document which lists the dates on which meeting of the
Tribunal Advisory Committee (TAC) occurred or wil occur. The dates of meetings can be
found on each of the agendas for the meetings held (see Document Set 3a).
Part 2 of your request
Similar to Part 1 of your request, the Tribunal does not hold a discrete document which lists
the members of the Tribunal Advisory Committee. The initials of the attendees can be found
on individual meeting agendas. I have, however, located the following documents which fall
within the scope of this part of your request:
Document Set 2 (3 pages in total)
This document set contains:
• Administrative Review Tribunal (Tribunal Advisory Committee) Nomination 2024 dated
14 October 2024
• Administrative Review Tribunal (Tribunal Advisory Committee) Revocation of
Nomination No. 12025 – dated 31 March 2025
• Administrative Review Tribunal (Tribunal Advisory Committee) Revocation of
Nomination No. 2 of 2025 dated 6 May 2025.
Part 3a of your request
Document Set 3a (28 pages in total)
This document set contains all Tribunal Advisory Committee final agendas from the inaugural
meeting held on 14 October 2025, up until the meeting held on 24 June 2025.
Document Set 3a (Attachments) (261 pages in total)
This document set contains attachments to the 14 October 2024, 20 May 2025, 11 June
2025 and 24 June 2025 meetings.
Part 3b of your request
Document Set 3b (89 pages in total)
This document set contains all Tribunal Advisory Committee Minutes from the inaugural
meeting held on 14 October 2025, to the meeting held on 11 June 2025.
Decision
I have decided to:
• refuse access to Part 1 of your request on the basis that the documents do not exist;
• grant full access to Document Set 2; and
• grant partial access to Document Set 3a, 3a (Attachments) and 3b.
The attached Schedule of Documents provides a summary of my decision in relation to each
document.
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 11A, 11B, 22, 24A, 47C, and 47E; and
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (
FOI Guidelines).
Reasons for my decision
Section 24A of the FOI Act – Documents do not exist or cannot be found
Section 24A of the FOI Act provides that, after all reasonable steps, access to a document
may be refused if the document does not exist or cannot be found. I have liaised with the
Executive and Governance team, and they have advised that the Tribunal does not hold a
discrete document which lists the dates on which meeting of the Tribunal Advisory
Committee (TAC) occurred or wil occur. They have also advised that the Tribunal does not
hold a discrete document which lists the members of the Tribunal Advisory Committee. I am
therefore satisfied that the documents at Part 1 and 2 of your request do not exist and I
refuse access under section 24A of the FOI Act.
Section 47E(c) of the FOI Act – Management or assessment of personnel
Ful names of Tribunal staff
Section 47E(c) provides that a document is conditionally exempt if its disclosure would, or
could reasonably be expected to, have a substantial adverse effect on the management of
personnel by an agency.
For this exemption to apply, the OAIC guidelines provide that the exemption of the
documents must relate to the management of personnel, including the broader human
resources policies and activities, discipline, harassment and occupational health and safety.
In this context, the occupational health and safety risks that may arise from disclosure of the
full names of public servants can be considered.
The Tribunal made a decision in response to health and safety concerns, arising from
inappropriate public contact with staff, to vary the correspondence policy so as to provide
only the staff member’s first name and first initial of their last name when corresponding to
parties. The release of these same details under the FOI Act would undermine this Tribunal
policy and disrupt the Tribunal’s reasonable management of health and safety issues for its
staff. I have found that Document Set 3a, 3a (attachments) and 3b all contain the full the
names of Tribunal staff.
As prescribed under section 19 of the
Work Health and Safety Act 2011 (Cth), the Tribunal
must, insofar as is reasonably practicable, ensure the health and safety of workers at work
and that they are not put at risk from the work they carry out as part of the conduct of the
business. I find that the disclosure of the identity of these Tribunal staff can pose a risk to
their mental and physical health due to their roles and responsibilities on a day-to-day basis.
For these reasons I find that the documents are conditionally exempt under s 47E(c).
Public interest – Section 11A(5) of the FOI Act
Having found that the information is conditionally exempt, I have considered whether giving
access to the information would, on balance, be contrary to the public interest. A relevant
public interest factor I have considered which favours disclosure is the promotion of the
objects of the FOI Act, through facilitating and promoting public access to information held by
Government.
A relevant factor against disclosure is that the disclosure of staff details would undermine the
Tribunal’s effective management of the health and safety of its personnel. Furthermore, I do
not consider that releasing officers’ last names to the world at large wil inform any public
debate nor promote increased effective oversight of public expenditure. I therefore find the
material would be contrary to the public interest under section 11A(5).
Section 47E(d) of the FOI Act - Certain operations of agencies
Email addresses and direct phone numbers of staff and members
Section 47E(d) provides that a document is conditionally exempt if its disclosure would, or
could reasonably be expected to, have a substantial adverse effect on the proper and
efficient conduct of the operations of an agency.
Documents 3a, 3a (attachments) and 3b have been released in part to you as they contain
the direct telephone numbers and email addresses of tribunal staff and members which do
not appear to have been previously disclosed. The Tribunal has public access contact
arrangements including email addresses and telephone numbers to ensure the efficient and
responsive handling of public contact. The release of direct telephone numbers and email
addresses of individual staff members may result in public contact being made through
channels that are not consistently monitored, causing delays in responses. Owing to the
timeframes applicable to certain Tribunal cases, this could result in hardship to members of
the public and have a substantial adverse effect on the Tribunal’s capacity to efficiently
deliver its services if contacts do not reach the officers responsible for handling them. For this
reason, I find that the information is conditionally exempt under section 47E(d).
Public interest – Section 11A(5) of the FOI Act
As the information is conditionally exempt, I have considered whether access to the
information would, on balance, be contrary to the public interest having regard to the FOI
Guidelines.
While a relevant public interest factor which favours disclosure is the promotion of the objects
of the FOI Act, through facilitating and promoting public access to information held by
Government, release of the information does not add to the public scrutiny of government
functions. A relevant public interest factor against disclosure is that use of the information
could critically delay the access of members of the public to the services of the Tribunal.
On balance, I consider that the benefit of efficient handling of public contact by the Tribunal
must be given greater weight. I therefore find that disclosure of the information would be
contrary to the public interest under section 11A(5) of the FOI Act.
Document 3b – Procedural, case management, and technical proposals/solutions
Section 47E(d) of the FOI Act provides that a document is conditionally exempt if its
disclosure would, or could reasonably be expected to have a substantial adverse effect on
the proper and efficient conduct of the operations of an agency.
I have found that document set 3b
contains information relating to:
• specific technical limitations of the Tribunal’s current case management systems
• proposed solutions and workarounds addressing those technical limitations
• the development of new case management reports, including their intended users,
functionality and integration with the system
• staffing levels, including proposed recruitment exercises
I find that that the disclosure of this information could reasonably be expected to have a
substantial adverse effect on the proper and efficient conduct of the Tribunal’s operations as
an agency because it would reveal details of technical information and internal workaround
solutions for the Tribunal’s case management systems. This could open up security risks for
the Tribunal, including potential for unauthorised external access or interference with internal
systems. Such disclosure could compromise the security and integrity of critical systems
used to manage sensitive case information.
In addition, disclosure of staffing levels and proposed recruitment exercises may prejudice
the Tribunal’s ability to effectively manage human resources. Should this information be
made publicly available in advance, this could give an unfair advantage to individuals who
receive this information ahead of time. This would undermine the integrity and equity of the
recruitment process and adversely affect the Tribunal’s strategic workforce planning. It
follows that this information is conditionally exempt under section 47E(d) of the FOI Act.
Public interest test – s 11A(5) of the FOI Act
In finding that the documents contain material that is conditionally exempt, section 11A(5) of
the FOI Act requires me to consider whether, on balance, disclosure of the documents would
be contrary to the public interest. In doing so, I have considered the factors set out in section
11B of the FOI Act and the guidelines published by the Office of the Australian Information
Commissioner.
A relevant public interest factor I have considered which favours disclosure is the promotion
of the objects of the FOI Act, including allowing you access to documents held by
government. I acknowledge there is public interest in transparency of government activities,
and I give this some weight in my considerations.
However, a relevant factor against disclosure is that releasing the Tribunal’s technical
information could prejudice the security of information held by the Tribunal about other
people, including its applicants. Releasing the Tribunal’s current and specific technical
limitations and proposed solutions would not provide insight into its decision-making
activities. On the contrary, it would serve to compromise the integrity and security of internal
systems.
Similarly, while transparency around recruitment and staffing does support transparency to a
certain extent, premature release of proposed recruitment exercises may create an uneven
playing field for potential candidates and undermine the integrity of the Tribunal’s ability to
conduct fair and impartial recruitment.
In light of the above concerns relating to protecting the Tribunal’s case management systems
and effectiveness of recruitment planning I consider there is a public interest in non-
disclosure of this information.
On balance, I consider that the importance of maintaining security and promoting
confidentiality and trust in the Tribunal’s operational and technical processes must be given
greater weight. For these reasons, I find that the information is conditionally exempt under
section 47E(d) of the FOI Act.
Section 47C of the FOI Act – Deliberative processes
Section 47C of the FOI Act conditionally exempts documents where disclosure would
disclose matter in the nature of, or relating to:
•
an opinion, advice or recommendation obtained, prepared or recorded, or
•
a consultation or deliberation that has taken place, in the course of, or for the
purposes of, the deliberative processes involved in the functions of an agency.
In assessing whether a document is deliberative in nature, I have had regard to the FOI
guidelines at paragraph 6.61 which states that document is deliberative in nature if it
contains:
•
opinions
•
advice
•
recommendations
•
a collection of facts or opinions, including the pattern of facts or opinions considered
•
interim decisions or deliberations.
I have found that document set 3a, 3a (attachments) and 3b contain deliberative material.
Please see below for a breakdown of the types of deliberative matter which I have found to
be exempt under s 47C of the FOI Act. Please also refer to the Schedule of Documents and
the annotated redactions on the documents which have been released to you.
Document 3a (Attachments) – Draft minutes and policies
Document set 3a (Attachments) contains draft minutes for the TAC. I have decided to refuse
access to these documents, noting that the final versions of these minutes have been
released to you in Document Set 3b. I find that the draft versions of the meeting minutes are
working documents and include material which was obtained for the purposes of a
deliberative process. They were open to discussion and further changes or reflections and
therefore fall within the meaning of deliberative matter under section 47C of the FOI Act.
In addition, I have found that Document Set 3a (Attachments) contains a Draft
Accommodation Policy and a committee paper relating to this same policy. I consider that
both documents contain deliberative material and are conditionally exempt under s 47C of
the FOI Act. Relevantly, at the time of writing this decision, the policy remains in the draft
stages. The policy provides a proposed course of action that remains open to members and
staff for feedback. The decision on whether this policy wil be implemented involves the
weighing up or evaluation of competing considerations, which may ultimately have a bearing
on the Tribunal’s final course of action.
As explained in the FOI Guidelines (6.46), a decision maker must be satisfied of three
requirements for this conditional exemption to apply:
•
Firstly, the decision maker must be satisfied that information within the scope of the
request includes deliberative matter.
•
Secondly, if the decision maker is satisfied, they are then required to be satisfied that
the deliberative matter was obtained, prepared or recorded in the course of, or for the
purposes of, deliberative processes.
•
Thirdly, the decision maker must be satisfied that the deliberative processes were
involved in the functions exercised by or intended to be exercised by an Australian
Government agency or minister.
In this case, the deliberative matter includes draft proposals regarding the Tribunal’s future
accommodation plans. The deliberative matter was prepared and recorded during a Tribunal-
wide consultation process. Final y, the processes involved in the functions exercised by the
Tribunal include both policy making and the processes undertaken in administering or
implementing this policy. Having met the three requirements of deliberative matter as outlined
above, I find that the Draft Accommodation Policy and associated committee paper is
conditionally exempt under section 47C of the FOI Act.
Document 3a and 3b – deliberative matter
I have found that Document 3a contains deliberative matter. Specifically, pages 5 and 6 of
Document 3a contain opinions, proposals, options and recommendations from the President
of the Tribunal regarding the wording of the Common Procedures Practice Direction and the
proposed approach for use of Microsoft Teams by Tribunal Members. These reflections of the
President are presented in an email and form part of the agenda for the 23 October 2024
meeting.
The objective of this agenda was to put forth ideas to be discussed and evaluated at the
meeting. The TAC meeting allows for the process of reflection, and the expediency of
proposals to enable a particular decision or a course of action, on behalf of the Tribunal.
Accordingly, it is deliberative matter for the purposes of section 47C of the FOI Act.
Document 3b also contains material that is deliberative. At various points, the document
records discussions regarding proposed case pathways, case management solutions,
performance standards and technical and financial considerations. The material provides
options and recommendations which have not yet been finalised or adopted. I therefore find
that it is deliberative material for the purposes of section 47C of the FOI Act.
Public interest test – Section 11A and 11B of the FOI Act
Having found the above material exempt under section 47C, I must consider section 11A of
the FOI Act. Section 11A(5) provides for access to be given to a document unless (in the
circumstances) access to the document at this time would, on balance, be contrary to the
public interest.
Section 11B sets out factors for consideration in assessing the public interest but does not
limit section 11A(5).
In relation to section 11B I note that, while release of the documents would promote the
objects of the FOI Act, it would not:
•
Inform debate on a matter of public importance – the final versions of the minutes
have been released to you (in part) and the draft policies are stil at the internal
consultation phase. The deliberative material found in the final version of the meeting
minutes (document 3b) would not provide any further oversight on issues such as
case pathways and case management solutions as they are stil being tested and
formulated.
•
Promote the oversight of public expenditure – the focus of the document request is
communications and not public expenditure. While some information about the
Tribunal’s financial position and budget is contained within the documents, how the
Tribunal manages its public expenditure can be found via the Tribunal’s Annual
Reports and through other mandatory reporting requirements (such as Senate
Estimates).
•
Al ow a person access to their own information – the documents are not about you.
However, the purpose of the creation of the documents was to support effective consultation
by the Tribunal’s senior membership regarding key administrative matters to assist the
President to fulfil his responsibilities in managing the administrative affairs of the Tribunal and
in delivering its corporate and registry services. This requires that staff and members be
confident in their ability to exchange views that are preliminary in character and develop
good working relationships with their colleagues at the Tribunal and with other agencies.
Were documents or comments created for the purpose of, or as part of, consultation to be
released in circumstances such as the present, it would reasonably be expected to result in a
loss of candour in future communications between colleagues, undermining cooperation and
efficiency. The loss of efficiencies to be gained from candour can impact on relationships at
all levels of, and between, agencies and offices. It is against the public interest to impede the
efficient flow of business.
On balance, I consider that the public interest in efficient and cooperative communications
outweighs any public interest in the release of the deliberative matter contained in the emails.
It follows that release of this material would be contrary to the public interest.
I have considered whether the documents are capable of partial release with the exempt
material redacted under section 22 of the FOI Act and have partially released the documents,
as shown on the schedule attached.
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,
Skye M
Authorised FOI Officer (APS 6)
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 Office of the Australian Information
Commissioner, we recommend that you telephone the officer who made the FOI decision. It is
often possible to resolve concerns or answer your questions using this approach and, if not,
the officer will be able to assist you in applying for review.
How do I apply for internal review to the ART? 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 different and more senior
officer authorised under the
Freedom of Information Act 1982 (the FOI Act) will 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 will 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 he
re: 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 he
re 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)
