2022 review of Council performance
Dear Australian National University FOI Team,
As per the FOI Act, I would like to request a copy of the 2022 review of Council performance. This review was referred to in the 2023 Annual Report: "In late 2022, Council engaged an external consultant to support a review of Council performance and the outcomes and recommendations were formally considered at its first meeting in February 2023."
Yours faithfully,
Steve Hanua
Good morning,
On 25 May 2025, the Australian National University (the University)
received your request for access to documents under the Freedom of
Information Act 1982 (the FOI Act).
The University has taken your request to be as follows:
'I would like to request a copy of the 2022 review of Council performance.
This review was referred to in the 2023 Annual Report: "In late 2022,
Council engaged an external consultant to support a review of Council
performance and the outcomes and recommendations were formally considered
at its first meeting in February 2023.'
Your request has been assigned the case number 202500109.
Processing Timeframe
The statutory time frame for processing your request is 30 calendar days
from day after the date your request was received by the University. You
should therefore expect a decision from us by 24 June2025.
This period of 30 days may be extended if we need to consult third
parties, impose a charge or for other reasons. We will advise you in
writing if this happens.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact. If you have
any questions regarding your request, please feel free to contact the FOI
Team via the functional email [1][ANU request email].
The FOI Team’s workload is currently at very high levels due the
unprecedented volume of FOI requests.
We are using our best endeavors to process all requests expeditiously
however there may be some slippage due to the current workload. We will
keep in touch with you and advise if there are any significant delays,
and, will, if necessary, seek extensions as permitted by the Act.
Yours sincerely,
FOI Team
Scholarly Information Services
The Australian National University
Email: [2][ANU request email]
Web: [3]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
Good afternoon,
I refer to your request for access to documents under the Freedom of
Information Act 1982 as follows:
'I would like to request a copy of the 2022 review of Council performance.
This review was referred to in the 2023 Annual Report: "In late 2022,
Council engaged an external consultant to support a review of Council
performance and the outcomes and recommendations were formally considered
at its first meeting in February 2023.'
As a result of searches conducted, documentation has been identified as
relevant to your request. On review of the documentation, it has been
determined that some of the documents refer to the personal and/or
business information of a third party. Accordingly, the University is
required to consult with that third party (under sections 27 and/or 27A of
the FOI Act) before making a decision on the release of the documents.
The consultation mechanism under sections 27 and 27A applies when we
believe the third party concerned might reasonably wish to contend that
the requested documents are exempt because their release would disclose
the business or personal information of that third party.
Accordingly, the period for processing your request has been extended by a
further 30 days in order to allow us time to consult with those third
parties concerned.
The processing period for your request will now end on 24 July 2025.
Yours sincerely,
ANU Freedom Of Information Unit
E: [1][ANU request email]
Web: [2]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
References
Visible links
1. mailto:[ANU request email]
2. https://www.anu.edu.au/freedom-of-inform...
https://www.anu.edu.au/freedom-of-inform...
Dear applicant,
Please find attached correspondence relating to your FOI Request
202500109.
Kind regards,
ANU Freedom Of Information Unit
E: [1][ANU request email]
Web: [2]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
References
Visible links
1. mailto:[ANU request email]
2. https://www.anu.edu.au/freedom-of-inform...
https://www.anu.edu.au/freedom-of-inform...
Dear Freedom of Information,
I am writing to request an internal review of the decision made on 30 June 2025 in relation to my FOI request (reference number 202500109), concerning the 2022 review of ANU Council performance.
I acknowledge the decision to exempt the document under section 47 of the Freedom of Information Act 1982 (the Act), on the basis that it contains trade secrets or commercially valuable information. However, I respectfully request reconsideration of this finding, for the following reasons.
Misapplication of Section 47 – Commercial Value
Section 47 of the Act provides an exemption for documents that disclose trade secrets or commercially valuable information, the value of which would or could reasonably be expected to be destroyed or diminished if disclosed. The OAIC Guidelines at paragraph 5.230 clarify the test established by the Federal Court:
the information is used in a trade or business
the owner must limit its dissemination
if disclosed to a competitor, it would cause real or significant harm to the owner
I submit that the document in question—an external review of Council performance conducted in 2022—does not satisfy these criteria.
The performance of ANU Council is not a trade or business activity, nor does ANU derive a commercial advantage from its governance structures that would be harmed by disclosure. The university is not engaged in a market in which the disclosure of this document would give a competitor an advantage. In fact, ANU has no meaningful "competitor" in a commercial sense when it comes to Council performance.
Moreover, the information is now old. The review was conducted in 2022 and considered in early 2023. Whatever sensitivity might have existed has likely diminished with the passage of time.
Public Interest and Transparency
While section 47 is not a conditional exemption requiring a public interest test, I wish to note the broader context. This review concerned the performance of a governing body of a publicly funded institution. Transparency in such matters aligns with the objectives of the Act and supports public accountability. The public has a right to understand how the University evaluates and improves its governance processes—particularly given recent public attention on governance at ANU. This is especially the case given that the ANU has been referred to a regulator for governance issues.
For these reasons, I request that the internal review carefully re-examine whether section 47 was correctly applied in this case.
Thank you for your consideration.
Yours sincerely,
Steve Hanua