Original Data
Names
Surname
2013-14
2014-15
2015-16
2016-17
Date Commenced
s 22
s 22
$ 71,
729.00
$ 363,
273.52
s 22
$ 335,
787.00
$ 359,
420.10
$ 261,
536.00
$ 355,
562.00
$ 343,
193.88
$ 228,
243.00
$ 316,
490.00
$ 349,
841.00
$ 347,
145.97
$ 290,
687.00
$ 296,
927.00
$ 335,
205.00
$ 354,
414.79
$ 274,
152.92
$ 319,
369.80
Commenced with PMC during the finanical year
Department of the Prime Minister and Cabinet
SES Band 3 Remuneration
Identifier
2013-14
2014-15
2015-16
SES Band 3 Officer 1
N/A
N/A
$71,729*
SES Band 3 Officer 2
N/A
N/A
$335,787.00
SES Band 3 Officer 3
N/A
$261,536* $355,562.00
SES Band 3 Officer 4
$228,243* $316,490.00 $349,841.00
SES Band 3 Officer 5
$290,687.00 $296,927.00 $335,205.00
*commenced during the financial year
FOI fact sheet 12
Freedom of information – Your review rights
July 2012
If you disagree with the decision of an Australian Government agency or minister under the
Freedom of
Information Act 1982 (the FOI Act), you can ask for the decision to be reviewed. You may want to seek
review if you sought certain documents and were not given full access, if someone is to be granted access
to information that is about you, if the agency has informed you that it will impose a charge for processing
your request or if your application to have your personal information amended was not accepted. There
are two ways you can ask for review of a decision: internal review by the agency, and external review by the
Australian Information Commissioner.
Internal review
or would not address your concerns (for example,
If an agency makes an FOI decision that you
if you were not consulted about a document
disagree with, you can ask the agency to review
that contains your personal information before it
its decision. The review will be carried out by a
was released). For more i
nformation see How do I
different agency officer, usually someone at a more
make an FOI complaint?
senior level. There is no charge for internal review.
Do I have to go through the agency’s internal
You must apply within 30 days of being notified
review process first?
of the decision, unless the agency extended the
application time. You should contact the agency if
No. You may apply directly to the Information
you wish to seek an extension. The agency must
Commissioner. However, going through the
make a review decision within 30 days. If it does
agency’s internal review process gives the agency
not do so, its original decision is considered to be
the opportunity to reconsider its initial decision,
affirmed.
and your needs may be met more quickly without
undergoing an external review process.
Internal review is not available if a minister or
the chief officer of the agency made the decision
Do I have to pay?
personally.
No. The Information Commissioner’s review is
free.
Review by the Information Commissioner
The Information Commissioner is an independent
How do I apply?
office holder who can review the decisions of
You must apply in writing and you can lodge your
agencies and ministers under the FOI Act.
application in one of the following ways:
Is a review the same as a complaint?
online:
www.oaic.gov.au
No. The Information Commissioner also investigates
post:
GPO Box 5218, Sydney NSW 2001
complaints about agency actions under the FOI
fax:
61 2 9284 9666
+
Act. However, if you are complaining that an
email:
xxxxxxxxx@xxxx.xxx.xx
agency decision is wrong, it will be treated as an
in person: Level 3
application for a review. Your matter will be treated
175 Pitt Street
as a complaint when a review would not be practical
Sydney NSW 2000
FOI fact sheet 12 – Freedom of information: Your review rights
1
An application form is available on the website at
Can I withdraw my application?
www.oaic.gov.au. Your application should include
Yes. An application can be withdrawn at any time
a copy of the notice of the decision that you
before the Information Commissioner makes a
are objecting to (if one was provided), and your
decision.
contact details. You should also set out why you are
objecting to the decision.
What happens in the review process?
Can I get help in completing the application?
The review process is designed to be as informal
as possible. The Information Commissioner may
Yes. The Information Commissioner’s staff are
contact you or any of the other parties to clarify
available to help you with your application if
matters and seek more information. The Information
anything is unclear.
Commissioner may also ask the agency or minister
to provide reasons for their decision if the reasons
When do I have to apply?
given were inadequate.
If you are objecting to a decision to refuse access
Most reviews will be made on the basis of the
to documents, impose a charge or refuse to amend
submissions and papers provided by the parties.
a document, you must apply to the Information
Sometimes the Information Commissioner may
Commissioner within 60 days of being given notice
decide to hold a hearing if one of the parties
of the decision. If you are objecting to a decision
applies. Parties may participate in a hearing by
to grant access to another person, you must apply
telephone. If confidential matters are raised, the
within 30 days of being notified of that decision.
hearing may be held partly or wholly in private.
You can ask the Information Commissioner for an
extension of time to apply, and this may be granted
Will there be other parties to the review?
if the Information Commissioner considers it is
There may be. The Information Commissioner
reasonable in the circumstances.
can join other parties who are affected by the
application. For example, if you are objecting to
Who will conduct the review?
someone else being granted access to information
Staff of the Information Commissioner will conduct
that concerns you, that person may be joined in the
the review. Only the Information Commissioner, the
review.
FOI Commissioner or the Privacy Commissioner can
make a decision at the end of the review.
Can someone else represent me?
Yes, including a lawyer. However, the Information
Does the Information Commissioner have to
Commissioner prefers the process to be as informal
review my matter?
and cost-effective as possible and does not
No. The Information Commissioner may decide
encourage legal representation.
not to review an application that is frivolous,
misconceived or lacking in substance, or if you fail to
Will the Information Commissioner look at all
cooperate with the process or cannot be contacted
documents, including ones that are claimed to be
after reasonable attempts. You cannot appeal
exempt?
against that decision.
Yes. The Information Commissioner’s review is a
Alternatively the Information Commissioner may
fresh decision, so all the relevant material must be
decide that the Administrative Appeals Tribunal
examined, including documents that the agency or
(AAT) would be better placed to review the matter,
minister has declined to release. Developments that
and if so, will advise you of the procedure for
have occurred since the original decision may also
applying to the AAT. This will not be common.
be considered.
FOI fact sheet 12 – Freedom of information: Your review rights
What powers does the Information Commissioner
What can I do if I disagree with the Information
have?
Commissioner’s review decision?
While the review process is designed to be informal,
You can appeal to the AAT. The Information
the Information Commissioner has formal powers to
Commissioner will not be a party to those
require anyone to produce information or documents, proceedings. There is a fee for lodging an AAT
to compel anyone to attend to answer questions and
application, although there are exemptions for
to take an oath or affirmation that their answers will
health care and pension concession card holders,
be true.
and the AAT can waive the fee on financial hardship
grounds. For further information see
An agency or minister can also be ordered to
www.aat.gov.au/FormsAndFees/Fees.htm.
undertake further searches for documents.
What decisions can the Information Commissioner
FOI applications made before 1 November
make?
2010
After reviewing a decision, the Information
The Information Commissioner can only review an
Commissioner must do one of three things:
agency’s or minister’s FOI decision if you made your
FOI request on or after 1 November 2010. If you
• set the decision aside and make a fresh decision
made your FOI request before 1 November, even if
• affirm the decision, or
the decision was made after that date, the review
• vary the decision.
process is different.
The Information Commissioner will give reasons for
You must first ask the agency for internal review of
the decision.
the decision. You may then appeal to the AAT if you
are not satisfied with the decision.
Will the decision be made public?
The information provided in this fact sheet is of a
Yes. The Information Commissioner will publish
general nature. It is not a substitute for legal advice.
decisions on the website. Exempt material (that is,
material that is not released) will not be included.
Nor will the name of the review applicant, unless
For further information
that person requests otherwise or there is a special
telephone: 1300 363 992
reason to publish it.
email: xxxxxxxxx@xxxx.xxx.xx
write: GPO Box 5218, Sydney NSW 2001
or visit our website at www.oaic.gov.au
FOI fact sheet 12 – Freedom of information: Your review rights
FOI fact sheet 14
Freedom of information – Disclosure logs
May 2011
Reforms to the
Freedom of Information Act 1982 (the FOI Act), which commenced on 1 May 2011, require
agencies and ministers to publish information that they have released under the Act. This publication is
known as a ‘disclosure log’. These reforms, together with the new information publication scheme (see
FOI
fact sheet 4 – The information publication scheme for Australian government agencies), aim to transform the
freedom of information framework from one that responds to individual requests for access to documents
to one that also requires agencies and ministers to take a proactive approach to publishing information. This
will build a stronger foundation for greater openness and transparency in government.
What is a disclosure log?
How do I find an agency’s or a minister’s
Agencies and ministers are required to publish a
disclosure log?
disclosure log listing information that they have
Disclosure logs are published on agencies’ and
released after 1 May 2011 in response to FOI access
ministers’ websites. In most cases, you will be able
requests.
to find the disclosure log either by clicking on a
A small number of agencies, including security and
disclosure log icon (found on the homepage of some
intelligence agencies, are exempt from the FOI Act
agencies’ and ministers’ websites), or by following
and do not need to publish a disclosure log.
the links to ‘Freedom of information’.
Will all information accessed under the FOI
Are there any charges for accessing the
Act be published in a disclosure log?
information?
No. If publication would be unreasonable, an agency
As a general rule, information published or made
or minister does not need to publish in its disclosure
available under a disclosure log should be freely
log:
accessible by the community.
• personal information about any person
There may be circumstances where it is not practical
• information about the business, commercial,
for an agency or minister to publish information or
financial or professional affairs of any person
data on its website. In making information available
in another form (eg by providing a photocopy),
• other information of a kind determined by
an agency or minister may incur costs that it can
the Information Commissioner (any such
determination will be published on our website
recoup by imposing a charge. Where charges apply,
at www.oaic.gov.au).
agencies and ministers will publish details of these
on their websites.
When do agencies and ministers need to
publish information in a disclosure log?
What is the Information Commissioner’s
Agencies and ministers must publish information in
role?
a disclosure log within 10 working days of giving the
The Information Commissioner has a role in
FOI applicant access to the information.
monitoring the administration of disclosure logs.
FOI fact sheet 14 – Freedom of information: Disclosure logs
1
As part of this role, the Commissioner has issued
The complaint must identify the agency against
guidelines on disclosure logs which agencies and
which the complaint is made. The Information
ministers need to consider. Those guidelines are
Commissioner’s staff can help you with lodging your
available on our website at www.oaic.gov.au. The
complaint.
Commissioner may also make a determination that
certain kinds of information should not be published
The Commissioner’s complaint and investigation
in a disclosure log.
functions do not extend to the actions of ministers.
The Information Commissioner can also investigate
Does the Information Commissioner have to
an agency’s compliance with the disclosure log
investigate my complaint?
requirements.
No. The Information Commissioner can decide not
to investigate, or not to continue to investigate a
I don’t think an agency is complying with
complaint.
the disclosure log requirements — can I
make a complaint?
More information on how to make a complaint is in
How do I make an FOI complaint?
Yes. Anyone can complain to the Information
Commissioner about an agency’s actions in relation
to its disclosure log. It is best that you first raise the
The information provided in this fact sheet is of a
complaint with the agency.
general nature. It is not a substitute for legal advice.
You may lodge a complaint in writing in one of the
following ways:
online:
www.oaic.gov.au
post:
GPO Box 5218, Sydney NSW 2001
For further information
fax:
+61 2 9284 9666
telephone: 1300 363 992
email: xxxxxxxxx@xxxx.xxx.xx
email:
xxxxxxxxx@xxxx.xxx.xx
write: GPO Box 5218, Sydney NSW 2001
in person: Level 3,
or visit our website at
www.oaic.gov.au
175 Pitt Street
Sydney NSW 2000
FOI fact sheet 14 – Freedom of information: Disclosure logs
2
Document Outline