19 January 2026
O
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our reference:
LEX 1712
Dear O,
Freedom of information request decision notice
1. I am writing about your Freedom of Information (
FOI) request under the
Freedom of
Information Act 1982 (
FOI Act) made on 27 November 2025 for access to documents
held by the Australian Public Service Commission (
Commission).
2. The FOI Act and all other Commonwealth legislation referred to in this letter are publicly
available from www.legislation.gov.au
Background
3. On Thursday, 27 November 2025
you made an FOI request in the following terms:
‘I am requesting under the Freedom of Information Act any briefing documents, policies
or guidance (excluding drafts) for APS agencies on workplace monitoring and
surveillance of APS employees since 2022’.
4. On Friday, 28 November 2025
the Commission notified you it had received your FOI
request in accordance with paragraph 15(5)(a) of the FOI Act.
5. In that same correspondence, we sought your consent for a 30-day extension of time
under section 15AA of the FOI Act, in light of the Commission’s holiday shutdown
period.
6. That same day, you consented to the extension of time.
Decision
7. I am authorised to make this decision under subsection 23(1) of the FOI Act.
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8. I am satisfied all reasonable steps have been taken to locate any documents within
scope of your request. In coming to this conclusion, I have had regard to paragraph
3.150 of the FOI Guidelines, including:
• the subject matter of the documents;
• the current and past file management systems and the practice of destruction
or removal of documents;
• the record management systems in place;
• the individuals within the Commission who may be able to assist with the
location of documents; and
• the age of documents.
9. After conducting reasonable searches across the Commission, no such documents
meeting the description of what you have asked for can be found or exist.
10. On that basis, I have decided to refuse access to documents pursuant to section 24A
of the FOI Act.
Reasonable searches
11. Subsection 24A(1) of the FOI Act provides:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency or Minister’s possession but cannot be found; or
(ii) does not exist.
12. The Office of the Australian Information Commissioner (
OAIC) has issued guidelines
(FOI Guidelines) pursuant to section 93A of the FOI Act. At paragraphs 3.142 to 3.159
of these guidelines, the OAIC provides guidance as to the meaning of the term ‘all
reasonable steps’ in subsection 24A(1).
13. Having regard to OAIC’s guidance, I requested documents searches to several areas
of the Commission that are responsible for delivering external products (including
briefing documents, policies or guidance) to APS agencies. No relevant documents
were identified.
14. For completeness, I requested the ICT Service Delivery Section undertake a search of
the Commission’s Share+ file management system. The team conducted searches
using the following search terms:
• “Surveillance of APS employees”
• “Workplace monitoring”
• “Work place monitoring”
• “Workplace surveillance”
• “Work place surveillance”
• “Employee monitoring”
• “Employee surveillance”
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15. A number of documents were captured within searches. After reviewing the titles of
documents, I am satisfied none of the documents fall within scope of your request as
framed. To confirm, the documents captured in searches are not documents for APS
agencies which cover workplace monitoring and surveillance of APS employees.
16. Accordingly, I have decided to refuse your request for access under section 24A of the
FOI Act.
Review rights
17. You are entitled to seek a review of my decision. Your review rights are set out in
Attachment A to this notice.
Contact
18. If you have any questions, please email xxx@xxxx.xxx.xx.
Yours sincerely,
Clare McLean
Authorised FOI decision maker
Australian Public Service Commission
19 January 2026
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ATTACHMENT A
Rights of Review
If you are dissatisfied with this decision, you may seek review. Before you seek review of a
freedom of information decision, you may contact us to discuss your FOI request and we will
explain the decision to you.
Formal review of a freedom of information decision
If you still believe an FOI decision we have made is incorrect, you may have a right to apply
for a review of our decision under the
Freedom of Information Act 1982.
Under sections 54 and 54L of the FOI Act, you may be able to apply for a review of an FOI
decision by seeking:
1. an internal review by a different Australian Public Service Commission authorised
decision maker; and/or
2. an external review by the Information Commissioner.
There are no fees applied to either review option.
Applying for internal review
If you apply for internal review, a different authorised decision maker who made the original
decision will carry out the review. An authorised internal review decision maker will consider
all aspects of the original decision and decide whether it should change. An application for
internal review must be made in writing within
30 days of receiving this notice to:
Email:
xxx@xxxx.xxx.xx
Post:
FOI Officer
Australian Public Service Commission
B Block, Treasury Building
GPO Box 3176
Parkes Place West
PARKES ACT 2600
You do not need to fill in a form. However, it is a good idea to set out any relevant submissions
you would like the authorised internal review decision maker to consider, and your reasons for
disagreeing with this decision.
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Applying for external review through an Information Commissioner review
If you do not agree with this decision, you may be able to ask for an Information Commissioner
review of this decision through the Office of the Australian Information Commissioner. You
generally have
60 days to apply in writing for an IC review from the date you received this
notice or any subsequent internal review decision.
You can
lodge your IC review application:
Email:
xxxxx@xxxx.xxx.xx
Post:
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
The OAIC encourages applicants to apply online. Where possible, to assist the OAIC, you
should include your contact information, a copy of this decision and provide your details of your
reasons for disagreeing with the decision.
Information Commissioner
You may complain to the Information Commissioner concerning action taken by us in the
exercise of powers or the performance of functions under the FOI Act. There is no fee for
making a complaint. A complaint to the Information Commissioner must be made in writing.
The Information Commissioner's contact details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman
You may complain to the Ombudsman concerning action taken by us in the exercise of powers
or the performance of functions under the FOI Act. There is no fee for making a complaint. A
complaint to the Ombudsman may be made in person, by telephone or in writing. The
Ombudsman's contact details are:
Telephone: 1300 362 072
Website:
www.ombudsman.gov.au
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