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In reply, please quote:
24 November 2025
FOI30/180
Steven Roddis
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Steven Roddis,
Re: Freedom of Information Request – decision on request
1. I refer to your email to the Bureau of Meteorology ('the Bureau') dated 24 October 2025,
in which you request access under the
Freedom of Information Act 1982 (Cth) ('FOI
Act'). You wrote:
I am seeking documents that contain the rationale, reasoning, or decision-making
process for the implementation of the cookie notification banner (the banner that
appears at the top of the bom.gov.au website).
I wish to work with you to narrow down the scope as narrow as reasonably possible
and reduce any processing needed by you.
I don't know the exact start date of the new bom.gov.au website, however lets start by
scoping the timeframe from 01-01-2016 to 24-10-2025.
If there is a better timeframe to narrow this to, I'm happy to narrow it.
I'm looking in particular for:
Documents outlining the legal or policy basis for the banner.
Please exclude:
Duplicates
Drafts
Names of any non-SES employees.
Communications (and the part of documents that contain communications) between
BOM as a client and a lawyer where obtaining legal advice was the dominant purpose
of the communication and the communication has not been very widely distributed.
Source Code
I only need the information regarding the cookie banner so if, for example, a
document contains 400 pages and 1 page is about the cookie banner, please exclude
everything else unrelated it. It can be redacted/excluded in full.
If a document is publicly available, I am happy to be linked to it and exclude it from
this process.
2. By email on 5 November 2025, the Bureau acknowledged receipt of your request on 5
November 2025 and this email also included the following:
Melbourne Office
GPO Box 1289, Melbourne VIC 3001 Australia | T: +61 3 9669 4000 | www.bom.gov.au | ABN 92 637 533 532
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link to page 6 link to page 7
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4. We note your request excludes (among others) the '[n]
ames of any non-SES employees'.
However, we further write to ask whether you agree to remove from any documents in
scope of your request the following:
a. signatures, initials, position titles and direct contact details of non-senior officers
of the Bureau (being non-SES staff below the General Manager level);
b. signatures, initials, and direct contact details of senior staff (we note that where
they appear the position titles of senior staff will be released); and
c. names (including any signatures or initials), position titles and direct contact
details of any third-parties.
3. In reply on 6 November 2025, you wrote:
As for the reduction in scope, I don't agree, however, please remove these details, as follows:
a,b: signatures & direct contact details of all staff.
initials for non-SES employees.
c: signatures & direct contact details of third parties.
4. Timeframe: The Bureau received your request on 24 October 2025. Section 15(5) of the
FOI Act provides the Bureau 30 days to provide you a decision on your request. A
decision is due by 24 November 2025.
5. I am authorised to make a decision in relation to your request pursuant
to s 23 of the FOI Act. This is a decision on your request.
Decision and reasons for decision:
Search:
6. Searches were undertaken for documents falling in scope of your request. The search
efforts included the following:
a. identifying relevant officers who are familiar with the subject matter in your
request; and
b. requesting those officers to undertake searches to identify documents in scope.
7. I am satisfied that all reasonable steps were taken to identify documents in scope of your
request.
Decision:
8. My decision is:
a. One document ('Document 1') is in scope of your request. The Document
Schedule at
Attachment A provides a brief description.
b. Document 1 is released in full in accordance with section 22 of the FOI Act. A
copy of section 22 is annexed at
Attachment B.
c. In effect, section 22 allows providing access to 'edited' document/s where '
a
document would disclose information that would reasonably be regarded as
irrelevant to the request for access'.
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d. There are exclusions set out in your request dated 24 October 2025 and your
email dated 6 November 2025. Bearing these in mind, I consider it
reasonable in
the circumstances to prepare and release a copy of the document where
information you have excluded and therefore not in scope of your request is
'
deleted'.
Other matters:
9. I have decided not to charge any fees in relation to this request.
Materials considered in making my decision:
10. In making my decision I have had regard to:
a. your request;
b. matters regarding the search process;
c. the FOI Act;
d. the FOI Guidelines; and
e. other relevant matters in the circumstances.
Further information:
11. Information about your review rights are set out in the following pages.
12. The Bureau aims to provide accessible documents. If you need this document in a
different format, or if you have any questions, please contact
xxx@xxx.xxx.xx.
Yours sincerely
(Approved electronically)
Nichole Brinsmead
General Executive and CIO
Digital and Data Group
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Review rights:
13. You may seek a review of this decision by way of the review rights available to you.
14. Under section 54 of the FOI Act, you may apply for an internal review of this decision. An
internal review application must be made by whichever date is the later between:
a. 30 days of you receiving this notice; or
b. 15 days of you receiving the documents to which you have been granted access.
15. An internal review will be conducted by a different authorised decision-maker. No
particular form is required to apply for review although it will assist your case to set out
the grounds on which you believe that the original decision should be overturned.
16. An application for an internal review can be made by either:
a.
Email: xxx@xxx.xxx.xx
b. Post, addressing it to:
Freedom of Information Officer
Bureau of Meteorology
GPO Box 1289 Melbourne 3001
17. If you seek an internal review, please note
the Bureau's internal reference number
provided at the start of this decision notice.
18. If you seek an internal review, you will subsequently have a right to apply to the
Australian Information Commissioner ('AIC') for a review of the internal review decision.
External review by the Australian Information Commissioner:
19. Alternatively, under section 54L of the FOI Act, you may seek review of this decision by
the AIC without first undertaking an internal review. Your application must be made
within 60 days of you receiving this notice.
20. The AIC is an independent office holder who may review decisions of agencies under the
FOI Act. More information is available on website of the Office of the Australian
Information Commissioner:
www.oaic.gov.au.
21. You can contact the OAIC to request a review by one of the following ways:
a.
Via the online form on the OAIC website: https://www.oaic.gov.au/freedom-of-
information/reviews-and-complaints/information-commissioner-review
b.
Email: xxxxx@xxxx.xxx.xx
c. Post, addressing it to:
Director of FOI Dispute Resolution
GPO Box 5218, Sydney NSW 2001
FOI complaints:
22. If you are unhappy with the way we have handled your FOI request, please let us know
what we could have done better. We may be able to rectify the problem. If you are not
satisfied with our response, you can complain to the AIC. A complaint must be made in
writing and can be lodged in one of the following ways:
23. You can contact the OAIC to request a review by one of the following ways:
a.
Via the online form on the OAIC website: https://www.oaic.gov.au/freedom-of-
information/reviews-and-complaints/information-commissioner-review
b.
Email: xxxxx@xxxx.xxx.xx
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c. Post, addressing it to:
Director of FOI Dispute Resolution
GPO Box 5218, Sydney NSW 2001
24. More information about Information Commissioner reviews and complaints can be found
on the OAIC's website:
https://www.oaic.gov.au/freedom-of-information/reviews-and-
complaints.
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Attachment A: Schedule of documents
Document Date
Description of document
FOI Act
Decision
Editing
No.
exemptions
or applicable
section
Document 1 Undated
Internal design document –
Section 22
Release in full
Release in full (excluded information removed
'DD081 Design and Build
in accordance with s 22)
Cookie Notification
Banner'
Melbourne Office
GPO Box 1289, Melbourne VIC 3001 Australia | T: +61 3 9669 4000 | www.bom.gov.au | ABN 92 637 533 532
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Attachment B: section 22 of the FOI Act
22 Access to edited copies with exempt or irrelevant matter deleted
Scope
(1) This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(ii) that to give access to a document would disclose information that would
reasonably be regarded as irrelevant to the request for access; and
(b) it is possible for the agency or Minister to prepare a copy (an
edited copy)
of the document, modified by deletions, ensuring that:
(i) access to the edited copy would be required to be given under
section 11A (access to documents on request); and
(ii) the edited copy would not disclose any information that would
reasonably be regarded as irrelevant to the request; and
(c) it is reasonably practicable for the agency or Minister to prepare the edited
copy, having regard to:
(i) the nature and extent of the modification; and
(ii) the resources available to modify the document; and
(d) it is not apparent (from the request or from consultation with the applicant)
that the applicant would decline access to the edited copy.
Access to edited copy
(2) The agency or Minister must:
(a) prepare the edited copy as mentioned in paragraph (1)(b); and
(b) give the applicant access to the edited copy.
Notice to applicant
(3) The agency or Minister must give the applicant notice in writing:
(a) that the edited copy has been prepared; and
(b) of the grounds for the deletions; and
(c) if any matter deleted is exempt matter—that the matter deleted is exempt
matter because of a specified provision of this Act.
(4) Section 26 (reasons for decision) does not apply to the decision to refuse access
to the whole document unless the applicant requests the agency or Minister to
give the applicant a notice in writing in accordance with that section.
Melbourne Office
GPO Box 1289, Melbourne VIC 3001 Australia | T: +61 3 9669 4000 | www.bom.gov.au | ABN 92 637 533 532
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Document Outline
