23 Marcus Clarke Street
Canberra ACT 2601
GPO Box 3131
Canberra ACT 2601
Our ref:
PRJ1008235
Contact officer:
FOI Team
tel: (02) 6243 1111
Contact phone:
02 6243 1244
fax: (02) 6243 1199
31 July 2025
www.accc.gov.au
TikTok
Sent via email to: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear TikTok
Decision on freedom of information request
I refer to your email dated 3 July 2025
in which you request access, under the
Freedom of Information Act 1982 (Cth) (the Act), to:
‘1. SES Performance Agreement Template(s) for 2023–24 and 2024–25
All template(s) or model SES Performance Agreements used by the ACCC to set
performance objectives and assess performance for Senior Executive Service (SES)
officers in the 2023–24 and 2024–25 performance cycles.
2. SES Variable Remuneration / Bonus Scheme Documentation
All policy or guidance documents, communications or frameworks that describe the
ACCC’s SES variable remuneration (bonus) scheme for 2023–24 and 2024–25, including
details on:
* Which Common Performance Indicators (CPIs) or KPIs are linked to variable pay;
* The weighting or percentage of total remuneration at risk for each indicator;
* The process by which SES officers’ achievement against those indicators is assessed
and bonuses determined.’
Scope of request and identified documents
We have identified 3 documents as falling within the scope of part 1 your request.
Please note that no documents were identified as within the scope of part 2 of your
request, as the ACCC does not pay bonus’ to SES officers and has not done so
since 2011.
Decision
I have decided to
release these documents to you in full in accordance with the
Schedule (Attachment A). Your review rights are set out in Attachment B.
I am authorised under s.23 of the Act to make this decision.
Charges
Under the Act the first 5 hours ($100.00) of processing your request are free. As the
cost of processing your request is less than $100.00, there are no charges for
processing your request.
Enclosed are copies of the 3 documents which were 'Granted', as per the Schedule.
Disclosure log
In accordance with s.11C of the Act, I have decided to publish the documents
released on the ACCC’s Disclosure Log. This will occur within ten business days of
the documents being released to you.
Yours sincerely
Victoria Blakeley
Principal Lawyer
Specialist Advice and Services Division
Sent by email 31/07/2025
Understanding the Schedule at Attachment A
In relation to the Schedule, please note:
•
Column 1 of the Schedule refers to each document by a document number
created for the purpose of processing this request;
•
Column 2 of the Schedule gives, where applicable, the name and
organisation of the author of the document;
•
Column 3 of the Schedule gives, where applicable, the name and
organisation of the addressee of the document;
•
Column 4 of the Schedule shows the date appearing on the document;
•
Columns 5 and
6 of the Schedule briefly describes the document or, where
applicable, each part of a composite document;
•
Column 7 of the Schedule gives the number of pages of the document or,
where applicable, each part of a composite document;
•
Column 8 of the Schedule shows my decision on whether, and what form,
access has been granted to the document, where applicable;
•
Column 9 of the Schedule sets out my findings on material questions of fact
and the reasons for my decision. The subsection or paragraph referred to is
the subsection or paragraph of the Act relied upon in support of each claim of
exemption from disclosure.
Attachment A
Schedule of documents
Doc Author
Addressee Date
Doc Type Description
No of
Access Findings, Reasons and Brief
No
Pages
Description
1
ACCC
FY 2023-2024
Table(s)
SES Performance Expectations and Measures
2
Granted
2
ACCC
FY 2024-2025
Table(s)
SES Performance Expectations and Measures
5
Granted
3
ACCC
FY 2024-2025
Template
SES Performance Agreement Template
3
Granted
Attachment B
Information on rights of review
ACCC Internal Review
Under s.54 of the FOI Act, you can ask for an internal review of this decision. If you request
an internal review request, another officer of the ACCC wil review your request and make a
new decision.
Timeframe for requesting internal review
You have 30 days from the receipt of this decision to request an internal review.
You may seek an extension to this timeframe with our agreement.
Is there a charge?
There is no charge payable for requesting an internal review.
Requesting an internal review
Your request for internal review must be in writing and indicate that you are seeking an
internal review. You wil need explain why this decision should be changed.
Please send your internal review request to the FOI Team by:
Email: xxx@xxxx.xxx.xx
When wil the decision be made?
We have 30 days from the receipt of your internal review request to make a decision.
If we do not make a decision within 30 days or such further period as the IC allows, the
original decision is considered affirmed. In such circumstances, you can seek review of our
deemed decision by the Information Commissioner.
Review by the Information Commissioner
You can ask for a review of this decision by the Australian Information Commissioner (IC).
The Office of the Australian Information Commissioner (OAIC) encourages applicants to
seek internal review first, however you are not required to go through our internal review
process before seeking review by the IC. If you do choose to seek an internal review, you
can stil seek IC review of the internal review decision if we refuse access to your request.
Timeframe for requesting IC review
You have 60 days from the receipt of an access refusal decision to request IC review.
You may seek an extension to this timeframe from the OAIC.
Is there a charge?
There is no charge payable for requesting an IC review.
Requesting IC review
Your request for IC review must be in writing and include:
• your name and contact details
• a copy of the ACCC’s decision that you disagree with (if you’ve received one)
• the reason(s) why you disagree with the decision
You can lodge your request for IC review online:
Online: https:/ www.oaic.gov.au/contact-us#reviews
Complaint to the Information Commissioner
You can request the Information Commissioner to investigate action taken by the ACCC in
relation to this FOI request. The Information Commissioner wil consider your complaint and,
if appropriate, conduct an investigation. Any investigation wil be completely independent.
Is there a charge?
There is no charge payable for making a complaint to the IC.
Lodging an IC complaint
You must lodge your complaint in writing and give a clear and brief description of each issue
you’re complaining about and what outcome you’d like.
You can lodge a complaint online:
Online: https:/ www.oaic.gov.au/contact-us#complaints
Document Outline
- B - Attachment - Review Rights.pdf
