Reference:
FOI 15/129
Contact:
FOI Team
Telephone:
(02) 6215 1783
e-mail:
xxx@xxxxxxx.xxx.xx
Mr Alan Cole
via email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Cole,
Freedom of Information Request – FOI 15/129
Thank you for your email to the Department of Finance (Finance) in which you sought
access to the following under the
Freedom of Information Act 1982 (FOI Act).
Current list of all staff in the prime minister's office including specific titles and roles
e.g not just adviser. i.e media assistant, advance staff, executive assistant etc. If you
plan to withold names then just the position titles.
Decision
In accordance with subsection 23(1) of the FOI Act, I am authorised to make a decision
regarding access under the FOI Act.
I have decided to release one document, in full, with irrelevant matter removed under
section 22 of the FOI Act. Please find the relevant document enclosed with this letter.
Section 22 – Access to copies with irrelevant matter removed
Section 22 of the FOI Act allows for the removal of irrelevant matter from a document that
may allow for an edited form of the document to be released. I have decided that an edited
copy of the relevant document can be released to you under this category. In particular, I
have removed information that is irrelevant to the scope of your request such as information
that does not detail the position titles of the staff employed.
In addition, you were notified on 5 January 2016 via Finance’s acknowledgement email, that
unless you otherwise objected, junior officer names and contact details (non-SES officers)
and staff employed under the
Members of Parliament (Staff) Act 1984 (adviser level and
below) would be redacted under section 22 of the FOI Act. As we did not receive any
objections from you, we have redacted this material from the document.
Charges
No charges were imposed for the processing of this request.
John Gorton Building, King Edward Terrace, Parkes ACT 2600 • Telephone 02 6215 2222
Internet www.finance.gov.au
ATTACHMENT A
You must apply in writing and should include a
Freedom of Information
copy of the notice of the decision provided and
– Your Review Rights
the points you are objecting and why.
You can lodge your application in writing through
If you disagree with the decision made by the
one of the contact details provided at the end of
Department of Finance (Finance) under the
this attachment.
Freedom of Information Act 1982 (the FOI Act),
you can ask for the decision to be reviewed. You
Review by the Australian Information
may want to seek review if you sought certain
Commissioner (IC)
documents and were not given full access, if you
The IC is an independent office holder who can
have been informed that there will be a charge
review the decisions of agencies and ministers
for processing your request, if you have made a
under the FOI Act. The IC can review access
contention against the release of documents that
refusal decisions (s 54L(2)(a) of the FOI Act),
has not be agreed to by the Department, or if
access grant decisions (s 54M(2)(a)), refusals to
your application to have your personal
extend the period for applying for internal review
information amended was not accepted. There
under s 54B (s 54L(2)(c)), and agency internal
are two ways you can ask for review of a
review decisions under s 54C (ss 54L(2)(b) and
decision: internal review by Finance, or external
54M(2)(b)).
review by the Australian Information
Commissioner.
If you are objecting to a decision to refuse access
to documents, impose a charge or refuse to
Internal Review
amend a document, you must apply to the IC
If Finance makes an FOI decision that you
within 60 days of being given notice of the
disagree with, you can ask Finance to review its
decision. If you are objecting to a decision to
decision. The review will be carried out by a
grant access to another person, you must apply
different agency officer, usually someone at a
within 30 days of being notified of that decision.
more senior level. There is no charge for internal
review.
Do I have to go through Finance’s internal
You must apply within 30 days of being notified
review process first?
of the decision, unless Finance agrees to extend
No. You may apply directly to the IC. However,
the application time. You should contact Finance
going through Finance’s internal review process
if you wish to seek an extension.
gives Finance the opportunity to reconsider its
Finance is required to make a review decision
initial decision, and your needs may be met more
within 30 days. If Finance does not do so, the
quickly without undergoing an external review
original decision is considered to be affirmed.
process.
How to apply for internal review
Do I have to pay?
No. Review by the IC is currently free.
How do I apply?
Ombudsman decides not to investigate the
You must apply for IC review in writing and you
complaint, then they are to transfer all relevant
can lodge your application in one of the following
documents and information to the IC.
ways:
Post: Office of the Australian Information
The IC can also transfer a complaint to the
Commissioner
Ombudsman where appropriate. This could
GPO Box 5218
occur where the FOI complaint is only one part of
SYDNEY NSW 2001
a wider grievance about an agency’s actions. It is
Email: xxxxxxxxx@xxxx.xxx.xx
unlikely that this will be common. You will be
Fax:
02 9284 9666
notified in writing if your complaint is
In person:
Level 3
transferred.
175 Pitt Street
SYDNEY NSW 2000
Applications to the Ombudsman should be
directed to the fol owing address:
An electronic application form is also available on
the OAIC’s website
(www.oaic.gov.au). Your
Post: Commonwealth Ombudsman
application should include a copy of the notice of
PO Box 442
the decision that you are objecting to (if one was
CANBERRA ACT 2601
provided), and your contact details. You should
Phone: 02 6276 0111
also set out why you are objecting to the
1300 362 072
decision.
Finance FOI contact details
Making a complaint
FOI Coordinator
You may make a written complaint to the IC
Legal Services Branch
about actions taken by Finance in relation to your
Department of Finance
application. However, if you are complaining that
John Gorton Building
a Finance decision is wrong, it is treated as an
King Edward Terrace
application for review.
PARKES ACT 2600
Phone: 02 6215 1783
When can I go to the Administrative Appeals
Email: xxx@xxxxxxx.xxx.xx
Tribunal (AAT)?
Website: www.finance.gov.au/foi/foi.html
Under the FOI Act, you must seek external review
through the IC prior to applying to the AAT for
such a review. The fee for lodging an AAT
application is $861, although there are
exemptions for health care and pension
concession card holders and the AAT can waive
the fee on financial hardship grounds.
Investigation by the Ombudsman
The Commonwealth Ombudsman can also
investigate complaints about action taken by
agencies under the FOI Act. However, if the issue
complained about either could be or has been
investigated by the IC, the Ombudsman wil
consult the Commissioner to avoid the same
matter being investigated twice. If the
