30 March 2017
In reply please quote:
FOI Request FA 17/02/00939
File Number ADF2017/23632
Mr James SMITH
Sent via email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Freedom of Information request
Dear Mr Smith,
This letter refers to an access request received under the
Freedom of Information Act 1982 (the Act) on 26 February 2017. You requested access to the following information:
All documents wherein the outcome of any enterprise bargaining ballots were communicated
to the department by the entity who undertook the ballots. This shall include the YES/NO
vote amounts or percentages as well as any additional information related to the vote. For
example, a breakdown of the vote by employee location, or APS level.
The scope of this request covers any such documents that were received as a result of
EBA offers made to staff under:
Workplace Bargaining Policy 2015 or Australian Government Public Sector Workplace
Bargaining Policy 2014
This letter is to provide you with the decision which is at Attachment A – Decision Record.
FOI Legislation
A copy of the FOI Act is available for your reference from:
www.legislation.gov.au/Browse/ByTitle/Acts/InForce/0/0/Principal
Review rights Internal review
If you disagree with the decision, you have the right to apply for an internal review of the
decision. If you wish to make a request for internal review this must be sent within 30 days of
being notified of the decision. Where possible please attach reasons why you believe review
of the decision is necessary. The internal review will be carried out by an officer other than
the original decision-maker and the Department must make a review decision within 30 days.
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.border.gov.au
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Applications for review should be sent to:
Freedom of Information
Department of Immigration and Border Protection
PO Box 25
BELCONNEN ACT 2617
Or by email to: xxx.xxxxxxx@xxxxxx.xxx.xx
Review by the Office of the Australian Information Commissioner
You may apply directly to the Australian Information Commissioner for a review of the
decision. You must apply in writing within 60 days of this notice. For further information about
review rights under the FOI Act please see FOI fact sheet 12 ‘
Freedom of information – Your
review rights’, available online at www.oaic.gov.au
How to make a complaint about the handling of your FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the department has handled your request under the FOI Act. Information about how to
submit a complaint is also available at www.oaic.gov.au .
Contacting the FOI section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
(signed electronically)
Helen Simons
FOI Officer
Freedom of Information, Privacy & Records Management Branch
Department of Immigration and Border Protection
Email: xxx@xxxxxx.xxx.xx
Attachment(s)
Attachment A – Decision Record
Attachment B – Documents Released
Attachment A
DECISION RECORD
Request Details
FOI Request FA 17/02/00939
File Number ADF2017/23632
Original scope of request
1. On 26 February 2017 you requested:
All documents wherein the outcome of any enterprise bargaining ballots were communicated
to the department by the entity who undertook the ballots. This shall include the YES/NO
vote amounts or percentages as well as any additional information related to the vote. For
example, a breakdown of the vote by employee location, or APS level.
The scope of this request covers any such documents that were received as a result of
EBA offers made to staff under:
Workplace Bargaining Policy 2015 or Australian Government Public Sector Workplace
Bargaining Policy 2014
Documents in scope
2. Seven documents, totalling seven pages, within scope of your request have been located
by the relevant business area of the Department.
Authority to make decision
3. I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
Information considered
4. In reaching my decision, I have considered the following:
• The
Freedom of Information Act 1982;
• The documents as released at Attachment B;
• Consultations with relevant business areas; and
• The Australian Information Commissioner’s guidelines relating to access to
documents held by government.
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.border.gov.au
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Decision
5. The documents are released to you in part. The exemptions applied are indicated in the
documents released (Attachment B). Exemptions were applied on the following grounds:
Exemptions
Section 47F – personal privacy
6. Section 47F(1) of the Act provides:
A document is conditionally exempt if its disclosure under this Act would involve the
unreasonable disclosure of personal information about any person (including a
deceased person).
7. I am satisfied that documents to which you have sought access contain ‘personal
information’, being the identities and other personal information of third parties
(employees of the company contracted by the Department to conduct the ballot process).
Disclosure would involve the ‘unreasonable disclosure of personal information’
8. In assessing whether a particular disclosure would be ‘unreasonable’, s.47F(2) sets out a
number of factors which the Department must consider. These factors are:
a) the extent to which the information is well known;
b) whether the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document;
c) the availability of the information from publicly accessible sources; and
d) any other matters that the agency or Minister considers relevant.
9. I consider that the personal information in the document is not known to the applicant or
available in the public domain. As such, I consider that disclosure of the personal
information in the document would be unreasonable.
10. I therefore find that the material is conditionally exempt under s.47F(1) of the FOI Act.
Application of the ‘public interest’ test
11. While I have found that the conditional exemption in s.47F(1) of the FOI Act applies to the
information outlined above, s.11A(5) of the FOI Act requires me to disclose the
information unless access at this time would, on balance, be contrary to the public
interest. I will now consider whether disclosure would be contrary to the public interest.
12. In determining whether disclosure would be contrary to the public interest, s.11B(3) sets
out a number of relevant factors which point in favour of release. These factors are:
a) whether release would promote the objects of the FOI Act;
b) whether release would inform debate on a matter of public importance;
c) whether release would promote effective oversight of public expenditure; and
d) whether release would allow a person to access his or her own personal information.
13. I acknowledge that release of the documents would promote the objects of facilitating and
promoting public access to information.
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14. I consider that release of individual identifying and personal information would not inform
debate on a matter of public importance, promote effective oversight of public
expenditure or allow a person (the applicant) to access their own personal information.
15. In contrast, I consider that the protection of the individuals’ right to privacy should be
given the upmost importance.
16. Taking into account the above matters, on balance, I consider that disclosure of the
personal information in the documents is contrary to the public interest. Accordingly, I
have decided that the documents are exempt in part under s.47F of the FOI Act. The
exemptions have therefore been applied to the documents released.
(signed electronically)
Helen Simons
Authorised decision maker
Department of Immigration and Border Protection
Email: xxx@xxxxxx.xxx.xx
30 March 2017
