Ref: LEX-81209
Mr Rob Cawthorne
Via email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Rob Cawthorne
Decision on your Freedom of Information request
I refer to your request, dated 18 September 2025 and received by the Department of Climate
Change, Energy, the Environment and Water (
department) on 18 September 2025 for access
under the
Freedom of Information Act 1982 (Cth) (
FOI Act) to the following documents:
‘Please provide copies of all written or email communications with the department for
the Climate Active certified organisation called Tyro Payments Limited since the 30 June
2021, with regards to their certification under the Climate active program.
While we agree to the removal of these details under section 22 of the FOI Act. We would
like to note that the department has recently added the following statement to the
organisations public disclosure website:
"Tyro's withdrawal from the Climate Active program took effect on 26 March 2025;
however, due to non-compliance of their reporting documents, Tyro is only certified
under Climate Active for FY2020-21."
Redactions under 47g should consider that this statement is already designed to
adversely reflect on this organisation, and that the information provided would create
the same adverse reflection as this statement already in the public domain.’
My decision
The department holds 25 documents (totalling 85 pages) that relate to your request.
I have decided to grant you
part access to all 25 documents with some of the content removed.
I have decided that certain documents, or parts of documents, that you have requested are
exempt under the FOI Act as they contain:
• Information which is personal information about other people (s 47F);
• business information, the disclosure of which:
o 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));
or
o 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
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
Commonwealth or of a Territory or the administration of matters administered
by an agency (section 47G(1)(b)).
Please see the schedule at
Attachment A to this letter for a detailed list of the documents and
the reasons for my decision.
Charges
On 3 October 2025, the department made a preliminary estimate of the charges applicable to
your request in the amount of $161.80. On 8 October 2025, the department received payment in
full.
How we will send your documents to you
The documents are 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.
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 website
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
19 November 2025
2
Attachment A
SCHEDULE OF DOCUMENTS
LEX-81209
Doc
Date
Description
Decision
Exemption
Comments
No.
1.
28/08/2024 Email correspondence - Signed Licence Agreement
Release in part S 22
Staff details deleted under s 22 (out of scope)
Returned
S 47F
Personal information exempt under s 47F(1)
2.
10/08/2023 Email correspondence - Contact form enquiry
Release in part S 47F
Personal information exempt under s 47F(1)
3.
29/01/2025 Email correspondence - Overdue Reporting
Release in part S 22
Staff details deleted under s 22 (out of scope)
Compliance Notice 1
S 47F
Personal information exempt under s 47F(1)
4.
12/07/2022 Email correspondence - Certification Enquiry
Release in part S 47F
Personal information exempt under s 47F(1)
S 47G
Business information exempt under s 47G(1)
5.
27/08/2024 Email correspondence - Approval request for CTM
Release in part S 47F
Personal information exempt under s 47F(1)
use
6.
24/11/2023 Email correspondence - CTM Approval
Release in part S 22
Staff details deleted under s 22 (out of scope)
S 47F
Personal information exempt under s 47F(1)
7.
24/10/2024 Email correspondence - Certification Enquiry
Release in part S 22
Staff details deleted under s 22 (out of scope)
S 47F
Personal information exempt under s 47F(1)
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
Doc
Date
Description
Decision
Exemption
Comments
No.
8.
15/08/2024 Email correspondence – Notice of Certification
Release in part S 47F
Personal information exempt under s 47F(1)
S 47G
Business information exempt under s 47G(1)
9.
19/08/2024 Email correspondence – Expiring Licence
Release in part S 47F
Personal information exempt under s 47F(1)
Agreement
S 47G
Business information exempt under s 47G(1)
10.
5/09/2025
Email correspondence – Certification Amendment
Release in part S 22
Staff details deleted under s 22 (out of scope)
Request
S 47F
Personal information exempt under s 47F(1)
11.
20/09/2023 Email correspondence – Certification Invoice
Release in part S 47F
Personal information exempt under s 47F(1)
12.
23/08/2023 Email correspondence - Certification Enquiry
Release in part S 47F
Personal information exempt under s 47F(1)
13.
25/08/2023 Email correspondence – CTM Approval
Release in part S 22
Staff details deleted under s 22 (out of scope)
S 47F
Personal information exempt under s 47F(1)
14.
2/04/2025
Email correspondence – Notice of Withdrawal
Release in part S 22
Staff details deleted under s 22 (out of scope)
S 47F
Personal information exempt under s 47F(1)
s 47G
Business information exempt under s 47G(1)
14a.
1/04/2025
PDF - Notice of withdrawal letter
Release in part S 22
Staff details deleted under s 22 (out of scope)
S 47F
Personal information exempt under s 47F(1)
15.
28/10/2024 Email correspondence – Updated Reporting
Release in part S 47F
Personal information exempt under s 47F(1)
Templates
S 47G
Business information exempt under s 47G(1)
2
Doc
Date
Description
Decision
Exemption
Comments
No.
16.
29/08/2024 Email correspondence – Licence Agreement
Release in part S 22
Staff details deleted under s 22 (out of scope)
S 47F
Personal information exempt under s 47F(1)
s 47G
Business information exempt under s 47G(1)
17.
24/08/2023 Email correspondence – Amendment Request
Release in part S 22
Staff details deleted under s 22 (out of scope)
S 47F
Personal information exempt under s 47F(1)
s 47G
Business information exempt under s 47G(1)
18.
5/09/2024
Email correspondence - CTM Approval
Release in part S 22
Staff details deleted under s 22 (out of scope)
S 47F
Personal information exempt under s 47F(1)
19.
18/10/2024 Email correspondence – Portal Enquiry
Release in part S 22
Staff details deleted under s 22 (out of scope)
S 47F
Personal information exempt under s 47F(1)
s 47G
Business information exempt under s 47G(1)
20.
3/11/2023
Email correspondence – Climate Active Website
Release in part S 22
Staff details deleted under s 22 (out of scope)
Information
S 47F
Personal information exempt under s 47F(1)
21.
6/09/2023
Email correspondence - Climate Active Certification Release in part S 22
Staff details deleted under s 22 (out of scope)
Fees
S 47F
Personal information exempt under s 47F(1)
s 47G
Business information exempt under s 47G(1)
22.
24/10/2024 Email correspondence - Approved Extension
Release in part S 47F
Personal information exempt under s 47F(1)
Request
3
Doc
Date
Description
Decision
Exemption
Comments
No.
23.
25/10/2024 Email correspondence - Approved Extension
Release in part S 47F
Personal information exempt under s 47F(1)
Request
24.
24/10/2024 Email correspondence - Received Climate Active
Release in part S 47F
Personal information exempt under s 47F(1)
certification documentation for assessment
4
REASONS FOR DECISION
What you requested
‘Please provide copies of all written or email communications with the department for
the Climate Active certified organisation called Tyro Payments Limited since the 30 June
2021, with regards to their certification under the Climate active program.
While we agree to the removal of these details under section 22 of the FOI Act. We would
like to note that the department has recently added the following statement to the
organisations public disclosure website:
"Tyro's withdrawal from the Climate Active program took effect on 26 March 2025;
however, due to non-compliance of their reporting documents, Tyro is only certified
under Climate Active for FY2020-21."
Redactions under 47g should consider that this statement is already designed to
adversely reflect on this organisation, and that the information provided would create
the same adverse reflection as this statement already in the public domain.’
Request consultation process
On 1 October 2025 the department acknowledged your request. Your request included your
agreement to remove personal details about our staff. Staff details have therefore been deleted
in accordance with section 22(1) of the FOI Act.
What I took into account
In reaching my decision, I took into account:
• your original request dated 18 September 2025;
• the documents that fall within the scope of your request;
• consultation with third parties about documents which contain information concerning
them;
• 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 certain parts of documents that you requested are exempt under the FOI Act.
My findings of fact and reasons for deciding that an exemption applies to those documents are
discussed below.
PAGE 1 OF 11
Section 47F of the FOI Act – unreasonable disclosure of personal information
I have applied the conditional exemption in section 47F(1) to all documents.
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 following 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
The term ‘personal information’ is defined as follows:
‘...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.’
Paragraph 6.125 of the Guidelines provides:
‘Personal information can include a person’s name, address, telephone number, date of
birth, medical records, bank account details, taxation information and signature.’
I find that all documents contain personal information of other people. This includes their name,
title and contact details.
Whether disclosure is ‘unreasonable’
In addition to the factors specified in section 47F(2) of the FOI Act, paragraph 6.133 of the
Guidelines provides:
‘The personal privacy 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 third party personal information would be unreasonable
for the following reasons:
• you do not have the consent from this individual for the release of their personal
information; and
• the information is private and not available in full or in part from publicly-accessible
sources.
On this basis, I have decided that the personal information included in documents referred to in
the Schedule is conditionally exempt under section 47F(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;
• inform debate on a matter of public importance;
• promote effective oversight of public expenditure; and
• allow a person to access his or her personal information.
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 an individual’s right to privacy.
Based on the above factors, I have decided that in this instance, the disclosure of the documents
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.
Section 47G of the FOI Act – Business information
I have applied the conditional exemption in section 47G to parts of documents 4, 8, 9, 14, 15, 16,
17, 19 and 21 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.’
Documents 4, 8, 9, 14, 15, 16, 17, 19 and 21 are email correspondence between Tyro Payments
Limited, external consultants, and the department. I find that the documents contain details of
the identities of organisations that were providing business and professional services to Tyro
Payments Limited. On this basis, I am satisfied that the documents contain information
concerning a person’s business, commercial or financial affairs.
Following consultations with the relevant persons, I am further satisfied that the disclosure of
the material would or could reasonably be expected to unreasonably affect that those
organisations adversely in respect of their business and commercial affairs; specifically,
disclosure of the documents could reveal information about the third party’s financial
information and business practices that could be used by competitors when engaging in similar
activities, including future engagement with the department or other Commonwealth agencies.
I am also satisfied that disclosure of the material could reasonably be expected to prejudice the
future supply of information to the department, for the purpose of the department’s
administration of the Climate Active program. Specifically, disclosure of this information could
reasonably be expected to prejudice the future supply of information to the department by
making third party experts and other suppliers more reluctant to provide information to the
department in the future.
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;
• inform debate on a matter of public importance, being Climate Active; and
• promote effective oversight of public expenditure in relation to Climate Active.
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 a person’s 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 documents,
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.
