OFFICIAL
FOI-2025-80118-IR
11 November 2025
GIPAgoomar Not Given By Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear GIPAgoomar
Freedom of Information Request – Internal review decision
1. I refer to your email of 15 October 2025 to the Office of the Commonwealth
Ombudsman (
Office) in which you requested an internal review under section 54
of the
Freedom of Information Act 1982 (
FOI Act) of the decision sent to you on 3
October 2025 (
original decision). Your original Freedom of Information (
FOI)
request, submitted on 7 September 2025, sought access to the following
documents:
A contract was entered into, on 21 July 2025, with the former Ombudsman of
the State of Victoria, Ms Deborah Glass, so that Ms Glass would conduct
independent investigation and review services - see contract CN4183579 on
www.tenders.gov.au.
Under the FOI Act 1982 (Cth), I request access to the following documents:
a) a copy of the contract entered into with Deborah Glass for the provision
of the independent investigation and review services; and
b) the terms of reference (howsoever described - e.g. brief, instructions,
request etc.) for the independent investigation and review services; and
c) the outcome of the independent investigation and review services (e.g.
by way of report, a statement of recommendations etc.).
2. On 5 November 2025, I emailed you seeking clarification of the grounds to which
you are seeking Internal review of the original decision. In that email, I invited you to
outline your concerns to assist with the internal review process. I note that a
response was not received by the requested deadline of 11 November 2025.
3. Without having received further Input from you, I have taken your request for
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Internal review to be in relation to the application of exemptions to the documents
Identified In the original decision.
Internal review decision
4. I am an officer authorised to make a decision regarding an internal review under
section 23(1) of the
FOI Act. I am required to make a fresh decision on behalf of our
Office and I am not bound by the original decision.
5. Having considered the nature of your request, the documents responsive to the
scope of your request and the relevant FOI exemptions, I am satisfied that the
documents would be:
i. exempt under s 37 of the
FOI Act, and
ii. conditionally exempt under ss 47E and 47F of the
FOI Act.
I have decided to
affirm the original decision. My reasons are set out below.
6. Under s 26(2) of the
FOI Act, I am not required to provide information in my notice
of decision that would contain “
any matter that is of such a nature that its
inclusion in a document of an agency would cause that document to be an
exempt document”. Accordingly, certain details have been omitted from this
decision notice as their inclusion would disclose exempt material.
Material taken into account
7. In conducting the internal review, I had regard to the following:
a. your request for internal review;
b. the terms of your FOI request;
c. the original decision of 3 October 2025;
d. the content of the documents to which you sought access;
e. internal consultation with staff in the relevant line areas within the Office;
f. relevant provisions of the
FOI Act, and
g. Guidelines issued by the Office of the Australian Information Commissioner
(OAIC) under s 93A of the
FOI Act, available at
Freedom of Information
Guidelines (
FOI Guidelines).
Reasons for decision
Section 37: Documents affecting enforcement of law and protection of public safety
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8. Under section 37(1)(b) of the
FOI Act a document is exempt if its disclosure would,
or could reasonably be expected to:
disclose, or enable a person to ascertain, the existence or identity of a
confidential source of information, or the non-existence of a confidential
source of information, in relation to the enforcement or administration of the
law.
9. This provision protects information that, if released, could reveal the identity of
persons who have provided information to an agency in confidence during
investigations or other agency activities. Paragraph 5.107 of the FOI Guidelines
explain that s 37(1)(b) is intended to protect the identity of a confidential source of
information connected with the administration or the enforcement of the law. It is
the source, rather than the information, which is confidential.
10. Paragraph 5.108 of the FOI Guidelines provides that the exemption applies where:
• the information in question may enable the agency responsible for enforcing
or administering a law to enforce or administer it properly
• the person who supplies that information wishes their identity to be known
only to those who need to know it for the purpose of enforcing or
administering the law
• the information was supplied on the understanding, express or implied, that
the source’s identity would remain confidential
.
11. I am satisfied that the material within scope contains information that would reveal
the identity or existence (or non-existence) of a confidential source of information
provided to the Office for the purposes of the Office enforcing or administering a
law. The information was clearly supplied on a confidential basis for that purpose
and Its disclosure would undermine the trust and the cooperation that
confidentiality fosters, which are essential for the Office to perform its statutory
investigation functions.
12. Further, section 37(2)(b) of the
FOI Act provides that a document is exempt from
disclosure if it would, or could reasonably be expected to:
disclose lawful methods or procedures for preventing, detecting,
investigating, or dealing with matters arising out of, breaches or evasions of
the law the disclosure of which would, or would be reasonably likely to,
prejudice the effectiveness of those methods or procedures.
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13. This section protects information about how an agency conducts its investigations
or enforcement activities where disclosure could reduce the effectiveness of those
methods in the future. Paragraph 5.127 of the FOI Guidelines explain that this
exemption applies where disclosure of that information could reasonably be
expected to reveal an investigative or administrative method or procedure and, as
a result, cause real or substantial prejudice to its effectiveness.
14. I am satisfied that the documents contain Information revealing specific
investigative techniques, assessment processes and decision making used to
identify, assess and respond to investigative approaches and administrative
processes used by the Office. These processes are not publicly known and if this
information is disclosed, it could reasonably be expected to prejudice the
effectiveness of investigative approaches and related processes by exposing the
way investigations are conducted. This information could place agencies or
individuals under investigation on notice, potentially allowing them to anticipate or
avoid scrutiny. This would cause real or substantial prejudice to the effectiveness of
Office investigations.
15. Therefore, for these reasons I am satisfied that the relevant material is exempt
under s 37 of the
FOI Act.
Conditional exemption – Certain operations of agencies: s 47E
16. Section 47E(d) of the
FOI Act conditionally exempts a document where disclosure
could reasonably be expected to “
have a substantial adverse effect on the proper
and efficient conduct of the operations of an agency." I must give access unless
access would, on balance, be contrary to the public interest (s 11A(5)).
17. I am satisfied that the documents contain information relating to the
Ombudsman’s investigative activities. Investigations are a core operational
function of this Office and material relating to the Office’s investigative activities
(including information provided in confidence) forms part of the Office’s operations
because it reveals how the Office performs its investigatory functions.
18. Paragraph 6.114 of the FOI Guidelines explain that this conditional exemption may
apply to documents concerning complaints made to an investigative body.
Disclosure of such information could reasonably be expected to discourage
individuals from making complaints or cooperating fully with an investigation,
which would have a substantial adverse effect on that body’s operations. If
complainants or agencies believe their information could be made public, they
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may be less willing to provide candid or fulsome information.
19. I am satisfied that releasing the documents could reasonably be expected to have
a substantial adverse effect on the proper and efficient conduct of the Office’s
operations. Disclosure could be expected to reduce the willingness of complainants
or agencies to provide information to the Office and/or diminish the candour and
frankness of those complainants who do engage. This would in turn impair the
Office’s ability to carry out investigations effectively. This view is consistent with
decisions of the Information Commissioner (
IC) which acknowledge that disclosure
of this type of material would be inconsistent with the Ombudsman’s investigative
functions and could inhibit the Office’s capacity to obtain confidential information
in the fut
ure.1
Disclosure not in the public interest
20. Section 11A (5) of the
FOI Act provides an agency must give a person access to a
document that is conditionally exempt at a particular time, unless, in the
circumstances, disclosure would, on balance, be contrary to the public interest.
21. In considering whether access would, on balance, be contrary to the public interest,
I have considered the factors for and against disclosure, including the factors
identified in s 11B (3) of the
FOI Act. I have also considered the public interest factors
for and against disclosure in the FOI Guidelines [paragraphs 6.229–6.233].
22. I recognise that there are public interest factors favouring disclosure, including that
disclosure may promote the objects of the
FOI Act by increasing transparency and
informing the public about the operations of government and the accountability of
public sector decision making. However, I consider that the factors against
disclosure carry greater weight in this case. Disclosure of the documents which
contain confidential investigative material, could reasonably be expected to have a
substantial adverse effect on the proper and efficient conduct of the Office’s
functions by:
• reducing the willingness of individuals to provide complaints;
• diminishing the candour of complainants or agencies engaging with the
Office thereby impeding the Office’s ability to obtain information necessary
to perform its oversight and investigatory functions effectively;
• undermining the integrity of the Office's Investigations.
1
'ANX' and Commonwealth Ombudsman (Freedom of information) [2024] AICmr 204 (20 September 2024); Paul Hayes
and Commonwealth Ombudsman (Freedom of information) [2025]
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23. I have given significant weight to ensuring that Office's investigative processes are
not undermined and that information obtained in confidence continues to be
provided on that basis. Maintaining the confidentiality of such material is essential
to preserving trust between the Office and both complainants and other agencies.
24. Therefore, I am satisfied that disclosure of the documents would, on balance, be
contrary to the public interest.
Section 47F: Personal privacy
25. Section 47F of the
FOI Act conditionally exempts a document where ‘
its disclosure
would involve the unreasonable disclosure of personal information about any
person.’ I must give access unless access would, on balance, be contrary to the
public interest (s 11A(5)).
26. ‘Personal information’ is defined in s 4 of the
FOI Act as:
information or an opinion about an identified individual, or an individual who is
reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
27. With regards to the relevant material, the documents contain the personal
information of individuals other than you. This includes:
• Third party names, signature, complaints details and contact information
• the surnames of Office staff or other government agency staff, their direct
contact details and signatures.
28. I am satisfied this material constitutes personal information for the purposes of s 4
of the
FOI Act, as it is material about individuals and the individuals are identifiable
or reasonably identifiable from the relevant information. This position is supported
by paragraph 6.146 of the FOI Guidelines.
29. In considering whether disclosure of personal information would be unreasonable, I
have taken into account factors at s 47F(2) of the
FOI Act, including:
• the extent to which the information is well known;
• whether the person(s) to whom the information relates is known to be (or to
• have been) associated with the matters dealt with in the document;
• the availability of the information from publicly accessible sources;
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• the fact that the information relates to parties other than yourself; and
• the circumstances in which the information was obtained and any
expectation of confidentiality.
30. The personal information is not well known or available from publicly accessible
sources. Complaint related information provided to, or obtained by, the Office is
received on a confidential basis in connection with complaint handling and/or
investigations. The individuals to whom the information relates are not generally
known to be associated with the matters concerned and the relevant details are
not accessible from publicly available sources. I note that the Office and other
government agencies have centralised contact points to minimise the disclosure of
staff names.
31. Therefore, I am satisfied that release of this information would involve the
unreasonable disclosure of personal information under s 47F(1) of the
FOI Act
Disclosure not in the public interest
32. Section 11A(5) of the
FOI Act provides that I must provide access to conditionally
exempt material, unless disclosure would, on balance, be contrary to the public
interest.
33. In deciding whether disclosure would be contrary to the public interest, I have
considered the public interest factors for and against disclosure, s 11B(3) of the
FOI
Act and the FOI Guidelines at paragraphs [6.229 – 6.233]. I have not identified any
particular public interest in disclosing this personal information, beyond the bare
provision of government-held information.
34. The following factors in my view weigh against disclosure:
• the disclosure could reasonably be expected to prejudice the protection of a
person’s right to privacy;
• the fact that such personal information is not on the public record or
otherwise available from publicly accessible sources;
• complaint material is obtained by the Ombudsman in confidence in the
course of its investigations; and
• the disclosure could reasonably be expected to impede health and safety
obligations under the
Work Health and Safety Act 2011 (Cth), as disclosure of
the last names of Office staff and other agency staff along with their contact
details may result in unsolicited contact.
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35. I have given considerable weight to the protection of the individual's right to privacy,
and relevant work, health, and safety obligations and find the disclosure of personal
information would be contrary to the public interest. I am satisfied that this material
is exempt pursuant to s 47F of the
FOI Act.
Review rights
IC review
36. You have the right to seek IC review of this decision. An application for IC review must
be made in writing within 60 days of the decision (s 54S of the
FOI Act).
37. If you are not satisfied with the way we have handled your FOI request, you can lodge
a complaint with the OAIC. However, the OAIC suggests that complaints are made to
the agency in the first instance.
38. While there is no particular form required to make a complaint to the OAIC, the
complaint should be in writing and set out the reasons for why you are dissatisfied
with the way your request was processed. It should also identify the Ombudsman’s
Office as the agency about which you are complaining.
39. You can make an IC review application or make an FOI complaint in one of the
following ways:
• online at
Apply for an IC Review or at
Freedom of Information complaints
• via email t
o xxxxx@xxxx.xxx.xx
• by mail to GPO Box 5218 Sydney NSW 2001, or
• by fax to 02 9284 9666.
40. More information about the OAIC and your FOI rights is available at
Your freedom of
information rights | OAIC.
Contact
41. You may contact me at
xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx
Yours sincerely
Clare
Senior Legal Officer
Legal Team
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