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ICIAL
8 December 2025
Ref: FOI 26/48
By email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Fred,
Freedom of information request no. 26/48
The purpose of this letter is to give you a decision about access to documents that you
requested under the Freedom of Information Act 1982 (
FOI Act).
Summary
I, Sarah, Senior Lawyer, am an officer authorised under subsection 23(1) of the FOI Act to
make decisions in relation to FOI requests.
On 7 November 2025, you requested access to documents relating to a particular referral
made to the National Anti-Corruption Commission (
Commission). Specifically, you
requested:
1. any and all documents (including documents saved to the client relationship
management systems operated by the NACC) created as part of the assessment
process for the referral with webform ID 2024513103636-3312;
2.
to the extent not covered by a), any and all documents setting out the outcome of the
assessment of the referral (including reports).
On 12 November 2025, we wrote to you acknowledging your request and informed you that a
decision was due to you by 10 December 2025. That acknowledgment was sent to the email
address which was the contact email you provided. We requested you provide identification to
assist with the processing of the FOI request and assessment of exemptions, as well as to
clarify whether your request excluded duplicates of documents, drafts, URLs, telephone
numbers, email addresses, and names of staff members unless they are Statutory Office
GPO Box 605
P. 1300 489 844
CANBERRA ACT 2601
ABN 47 446 409 542
nacc.gov.au
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Holders. You did not respond to this request and a follow up email was sent on 28 November
2025. You responded on 29 November 2025, excluding duplicates and drafts only and
confirming the due date for the decision was 8 December 2025. We confirmed 8 December to
be the correct date and apologised for the error via email on 1 December 2025.
Under section 25 of the FOI Act, I neither confirm nor deny that any documents of the type
you have requested exist in the Commission’s records.
DECISION AND REASONS FOR DECISION
The FOI Act allows agencies to refuse access without confirming or denying the existence of a
document in certain narrow circumstances. These are where a document, if it existed, would
be exempt under section 33 (documents affecting national security, defence or international
relations) or section 37(1) (documents affecting enforcement of law and protection of public
safety).
Your review rights
If you are dissatisfied with my decision (which is deemed to be a refusal to grant access), you
may apply for internal review (IR) or Information Commissioner review of the decision. We
encourage you to seek IR as a first step - it may provide more rapid resolution of your
concerns.
Internal review
Under section 54 of the FOI Act, you may apply in writing to the Commission for an IR of my
decision. The IR application must be made within 30 days of the date of this letter. Where
possible please attach reasons why you believe review of the decision is necessary. The IR will
be carried out by another officer within 30 days.
Information Commissioner (IC) review
Under section 54L of the FOI Act, you may apply to the Australian IC to review my decision.
An application for review by the IC must be made in writing within 60 days of the date of this
letter, and be lodged in one of the following ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_10
email
: xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney NSW 2001
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More information about an IC review is available on the Office of the Australian Information
Commissioner (OAIC) website. Go to
https://www.oaic.gov.au/freedom-of-
information/reviews-and-complaints/information-commissioner-review/.
FOI Complaints
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 make a complaint to the Australian IC. A complaint to the IC must
be made in writing. Complaints can be lodged in one of the following ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICCA_1
email
: xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney 2001
More information about complaints is available on the OAIC at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-an-foi-
complaint/.
If you are not sure whether to lodge an IC review or an IC complaint, the OAIC has more
information at:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Questions about this decision
If you wish to discuss this decision, please contact me, using the details below:
Email: xxx@xxxx.xxx.xx
Post: FOI Coordinator
National Anti-Corruption Commission
GPO Box 605
CANBERRA ACT 2601
Phone: (02) 6141 2300 (request to speak with an FOI Officer)
Yours sincerely
Sarah
Senior Lawyer
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