Our ref: CMTEDDFOI 2025-383
Right to Know
via email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Right to Know
FREEDOM OF INFORMATION REQUEST – NOTICE OF DECISION
I refer to your application under section 30 of the
Freedom of Information Act 2016
(the Act), received by the Chief Minister, Treasury and Economic Development
Directorate (CMTEDD) on 20 October 2025.
Specifically, you have sought access to the following information:
“Under FOI, I am seeking a soft copy of any review documents from the Cultural
Transformation Branch that examine the current state of culturally and linguistically
diverse (CALD) representation in the ACTPS and include a detailed literature search on the
attraction and retention of people from culturally and linguistically diverse backgrounds.”
I note that on 22 October 2025 you further clarified that:
“The 2024-25 ACT State of the Service Report on page 39 states:
The CTB also undertook an intensive review of the current state and a detailed literature
search to better understand how people from culturally and linguistically diverse
backgrounds are attracted to and retained within the ACTPS. The review found that while
the ACTPS offers positive pathways to employment and fosters supportive workplace
cultures, there is a gap in initiatives that help people from culturally and linguistically
diverse backgrounds move into leadership and executive roles.
https://www.act.gov.au/__data/assets/pdf_file/0003/2930574/State-of-the-Service-
Report-2024-25.pdf”
Authority
I am an Information Officer appointed by the CMTEDD Director-General under section 18
of the Act to deal with access applications made under Part 5 of the Act.
Timeframes
In accordance with section 40 of the Act, CMTEDD is required to provide a decision on
your access application within 30 days. Therefore, a decision is due by
1 December 2025. Decision on access
Searches of CMTEDD records have identified 22 documents within the scope of your
request.
I have decided to grant
full access to 22 documents.
I have decided to grant
partial access to 1 document.
Chief Minister, Treasury and Economic Development
GPO Box 158 Canberra ACT 2601 | phone: 6207 7754 | www.act.gov.au
The records identified as relevant to your application are listed in the schedule enclosed
at
Attachment A. This provides a description of each document that falls within the scope
of your request and the access decision for each of those documents.
Release of documents
The information being released to you is provided at
Attachment B.
Statement of Reasons
In accordance with section 54(2) of the Act a statement of reasons outlining my decisions
is below. In reaching my access decisions, I have taken the following into account:
• the Act
• the information that falls within the scope of your request
As a decision maker, I am required to determine whether the information within scope is
in the public interest to release. To make this decision, I am required to:
• assess whether the information would be contrary to public interest to disclose as
per
Schedule 1 of the Act.
• perform the public interest test as set out in section 17 of the Act by balancing the
factors favouring disclosure and factors favouring nondisclosure in
Schedule 2 of
the Act.
Exemptions claimed
Schedule 1: Information taken to be contrary to the public interest
My reasons for deciding not to grant access to the information or components of
information found within documents are as follows:
•
No relevant sections identified.
Public Interest Test
The Act has a presumption in favour of disclosure. As a decision maker I am required to
decide where, on balance, public interest lies. As part of this process, I must consider
factors favouring disclosure and nondisclosure.
In
Hogan v Hinch (2011) 243 CLR 506, [31] French CJ stated that when ‘used in a statute,
the term [public interest] derives its content from “the subject matter and the scope and
purpose” of the enactment in which it appears’. Section 17(1) of the Act sets out the test,
to be applied to determine whether disclosure of information would be contrary to the
public interest. These factors are found in subsection 17(2) and Schedule 2 of the Act.
Schedule 2: Factors to be considered when deciding the public interest.
Taking into consideration the information within scope of your request, I have identified
that the following public interest factors are relevant to determine if release of the
information contained within these documents is within the ‘public interest’.
Factors favouring disclosure (Section 2.1)
•
Section 2.1(a)(i) - promote open discussion of public affairs and enhance the
government’s accountability.
•
Section 2.1(a)(ii) - contribute to positive and informed debate on important issues
or matters of public interest.
You have requested information that examines the current state of culturally and
linguistically diverse (CALD) representation in the ACTPS. I have considered that the
release of this information may contribute to the discussion of public affairs, as well as
providing background and contextual information. I have given these factors moderate
weight.
I am satisfied that these factors favouring disclosure carry some weight. However, these
factors are to be balanced against the factors favouring nondisclosure.
Factors favouring nondisclosure (Section 2.2)
• Section 2.2(a)(ii) - prejudice the protection of an individual’s right to privacy or any
other right under the Human Rights Act 2004.
Having reviewed the documents, I consider that the protection of an individual’s right to
privacy as a significant factor. Considering the type of information to be withheld from
release, I am satisfied that the factors in favour of release can still be met while
protecting the personal information of individuals involved. As a result, I have decided
that release of this information (such as mobile telephone numbers of individuals
employed by the ACT Public Service) could prejudice their right to privacy under the
Human Rights Act 2004.
Having applied the test outlined in section 17 of the Act and deciding that release of some
information contained in the documents is not in the public interest to release, I have
chosen to redact this specific information in accordance with section 50(2). Noting the
pro-disclosure intent of the Act, I am satisfied that redacting only the information that I
believe is not in the public interest to release will ensure that the intent of the Act is met
and will provide you with access to the majority of the information held by CMTEDD
within the scope of your request.
Charges
Processing charges are applicable for this request because the total number of pages to
be released to you exceeds the charging threshold of 50 pages. However, the charges
have been waived.
Online publishing – Disclosure Log
Under section 28 of the Act, CMTEDD maintains an online record of access applications
called
a disclosure log. Your original access application and my decision will be published on the CMTEDD
disclosure log. Your personal contact details will not be published.
Ombudsman Review My decision on your access request is a reviewable decision as identified in Schedule 3 of
the Act. You have the right to seek Ombudsman review of this outcome under section 73
of the Act within 20 working days from the day that my decision is provided to you, or a
longer period allowed by the Ombudsman.
We recommend using this form
Applying for an Ombudsman Review to ensure you
provide all of the required information. Alternatively, you may write to the Ombudsman
at:
The ACT Ombudsman
GPO Box 442
CANBERRA ACT 2601
Via email:
xxxxxx@xxxxxxxxx.xxx.xx
ACT Civil and Administrative Tribunal (ACAT) Review
Under section 84 of the Act, if a decision is made under section 82(1) on an Ombudsman
review, you may apply to the ACAT for review of the Ombudsman decision. Further
information may be obtained from the ACAT at:
ACT Civil and Administrative Tribunal
GPO Box 370
Canberra City ACT 2601
Telephone: (02) 6207 1740
http://www.acat.act.gov.au/
Should you have any queries in relation to your request please contact the CMTEDD FOI
Team by telephone on 6207 7754 or email
xxxxxxxxx@xxx.xxx.xx. Yours sincerely
Katharine Stuart
Information Officer
Chief Minister, Treasury and Economic Development Directorate
27 November 2025
Document Outline
