OFFICIAL
Ref: LEX-80536
Mr Rob Cawthorne
Right to Know
Via emai
l: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Rob Cawthorne
Decision on your Freedom of Information request
I refer to your request, dated 1 July 2025 and received by the Department of Climate Change,
Energy, the Environment and Water (
department) on the same date for access under the
Freedom of Information Act 1982 (Cth) (
FOI Act) to the following documents:
‘Please provide copies of the current and previous versions of the register of non-
compliance under the Climate Active program as described in clause 12.4 of the climate
active license agreement. If no register has ever been produced please advise.’
My decision
The department holds one document (totalling five pages) that relates to your request.
I have decided to:
grant you
part access to one document with some of the content removed.
I have decided that certain parts of the document, that you have requested are exempt under the
FOI Act as they contain business information, the disclosure of which would, or could reasonably
be expected to, unreasonably affect a person in respect of its lawful business, commercial or
financial affairs (section 47G(1)(a)).
Please see the schedule at
Attachment A for a list of the documents and the reasons for my
decision.
Charges
I have decided not to impose a charge for processing your request on this occasion.
How we will send the documents to you
The document released to you is
attached.
You can ask for a review of my decision
If you wish to seek an internal review, you must apply to the department within
30 days after
the day you are notified of this decision. An application for internal review must be made in
writing by post to the FOI Officer or email
to xxx@xxxxxx.xxx.xx.
T +61 2 6274 1111
John Gorton Building
GPO Box 3090
dcceew.gov.au
F +61 2 9094 2221
King Edward Terrace
Canberra ACT 2601
ABN 63 573 932 849
Parkes ACT 2600
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Alternatively, you may apply directly to the Office of the Australian Information Commissioner
(
OAIC) to review my decision. An application for review by the Information Commissioner must
be made in writing within
60 days after the day you are notified of this decision. You can also
make a complaint to the Information Commissioner if you have concerns about how the
department handled your request.
You can find information about requesting a review, making a complaint, and other information
about FOI on the OAIC websi
te www.oaic.gov.au or phone the OAIC on 1300 363 992.
Further assistance
If you have any questions, please emai
l xxx@xxxxxx.xxx.xx.
Yours sincerely
Chris Johnston
Branch Head, Climate Active, Risk and Science
28 July 2025
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Attachment A
SCHEDULE OF DOCUMENTS
LEX-80536
Doc
Date
Description
Decision
Exemption
Comments
No.
1. undated
Excel spreadsheet - compliance report
Release in part
s 47G
Business affairs
T +61 2 6274 1111
John Gorton Building
GPO Box 3090
dcceew.gov.au
F +61 2 9094 2221
King Edward Terrace
Canberra ACT 2601
ABN 63 573 932 849
Parkes ACT 2600
REASONS FOR DECISION
What you requested
‘Please provide copies of the current and previous versions of the register of non-
compliance under the Climate Active program as described in clause 12.4 of the climate
active license agreement. If no register has ever been produced please advise.’
What I took into account
In reaching my decision, I took into account:
your original request dated 1 July 2025;
the document that fell within the scope of your request;
information about:
o the nature of the documents; and
o the department’s operating environment and functions;
guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (
Guidelines);
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 the document that you requested is partially exempt under the FOI Act. My
findings of fact and reasons for deciding that an exemption applies to the document are
discussed below.
Section 47G of the FOI Act – Business information
I have applied the conditional exemption in section 47G to the document as outlined in the
document schedule above.
Section 47G of the FOI Act provides:
‘(1) A document is conditionally exempt if its disclosure under this Act would disclose
information concerning a person in respect of his or her business or professional
affairs or concerning the business, commercial or financial affairs of an organisation
or undertaking, in a case in which the disclosure of the information:
(a) would, or could reasonably be expected to, unreasonably affect that 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
(b) 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.’
PAGE 1 OF 5
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The document is an internal working document which tracks the ongoing compliance of entities
involved in the Climate Active certification process. Although I consider that the document falls
into the scope of your request, it was not created for the purpose of publication under the
meaning of clause 12.4 of the License Agreement Terms and Conditions for Certification Against
the Climate Active Carbon Neutral Standard and Use of the Certification Trademark (
License
Agreement).
The document contains a historic record of 219 entities with outstanding obligations to report
their compliance with the terms of the License Agreement. This includes business names and
financial information relating to these businesses. On this basis, I am satisfied that the document
contains information concerning a person’s business, commercial or financial affairs.
I am further satisfied that the disclosure of the material would or could reasonably be expected
to unreasonably affect those entities adversely in respect of their business and commercial
affairs; specifically, disclosure of the document could have a detrimental impact on the
reputation of these entities especially if the information is outdated or incomplete. Several
entities are publicly listed ASX entities, and the disclosure of inaccurate, historic or outdated
information could have a detrimental effect the reputation of these businesses. As the document
is not a formal non-compliance register, it would be inappropriate to release this document in
full.
As such, I am satisfied that the documents, or parts of documents, as outlined in the document
schedule above are conditionally exempt under section 47G(1) of the FOI Act.
Public interest considerations
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 up 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; and
inform debate on a matter of public importance, being the use of the Climate Active
trademark
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:
adversely affect the listed entities’ lawful business; and
prejudice the department’s ability to obtain similar information in the future.
Based on the above factors, I have decided that in this instance, the disclosure of the document
in whole, would, on balance, be contrary to the public interest.
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.
