If not delivered return to PO Box 7820 Canberra BC ACT 2610
12 December 2016
Our reference: LEX 23413
Mr Ben Fairless
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Fairless
Decision on your Freedom of Information request - Full Access
I refer to your request dated 3 November 2016 and received by the Department of Human
Services (the
department) on the same date for access under the
Freedom of Information
Act 1982 (the
FOI Act) to the following documents:
'a copy of the current FOI Delegations, and any related directions issued in respect of
FOI.'
Charges
On 11 November 2016, the department issued a notice advising you that you were liable to
pay a charge for the processing of your request. On 12 November 2016 you made a
submission to the department contesting the imposition of charges. I have considered your
submission regarding the charge. I do not accept that the requested documents constitute
‘operational information’ within the meaning of section 8A of the FOI Act. However, I have
decided to waive the charge in this matter under section 29(4) the FOI Act.
My decision
The department holds two documents (totalling 6 pages) that relate to your request.
I have decided to grant you
full access to both documents (documents 1 and 2).
Information that is outside the scope of your request has been removed from document 2 in
accordance with section 22(1) of the FOI Act.
How we will send your documents to you
The documents are attached.
You can ask for a review of our decision
If you disagree with any part of my decision you can ask for a review. There are two ways
you can do this. You can ask for an internal review from within the department or an
Australian Information Commissioner review. You do not have to pay for reviews of
decisions. See
Attachment B for more information about how to arrange a review.
PAGE 1 OF 5
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx .
Yours sincerely
Clara
Authorised FOI Decision Maker
FOI Legal Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
PAGE 2 OF 5
Department of Human Services
If not delivered return to PO Box 7820 Canberra BC ACT 2610
ATTACHMENT A
LIST OF DOCUMENTS FOR RELEASE
RIGHT TO KNOW - FAIRLESS, BEN, MR - LEX 23413
Doc
Pages
Date
Description
Comments
No.
1.
1-
3
1 July 2011
FOI Authorisations
2.
4-
6
14 September 2016
Secretary’s Management Direction (Delegations and
Information out of scope has been removed under
Authorisations) No 2 of 2016
section 22 from page 3.
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If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a Freedom of Information decision
Before you ask for a formal review of an FOI decision, you can contact us to discuss your
request. We will explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of a Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (FOI Act)
gives you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by:
1. an Internal Review Officer in the Department of Human Services (the department);
and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will consider
all aspects of the original decision and decide whether it should change. An application for
internal review must be:
made in writing
made within 30 days of receiving this letter
sent to the address at the top of the first page of this letter.
Note 2: 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 Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the department within 30
days of applying, you can ask the Australian Information Commissioner for a review of the
original FOI decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
PAGE 4 OF 5
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
If you are applying online, the application form the 'Merits Review Form' is available at
www.oaic.gov.au.
If you have one, you should include with your application a copy of the Department of
Human Services' decision on your FOI request
Include your contact details
Set out your reasons for objecting to the department's decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the Information Commissioner concerning action taken by an agency 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 also complain to the Ombudsman concerning action taken by an agency 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:
Phone: 1300 362 072
Website:
www.ombudsman.gov.au
The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.
PAGE 5 OF 5
Department of Human Services
