Our ref: CMTEDD 63/16-17
Mr Geoff Clarke
[FOI #3275 email]
Dear Mr Clarke,
Decision on Freedom of Information Request – identification and approval
of sites for public housing renewal program
I am writing in relation to your access request, made under section 14 of the ACT
Freedom of Information Act 1989
(the Act) and received by the Chief Minister, Treasury
and Economic Development Directorate (CMTEDD) on 22 March 2017.
In your request you sought “… a copy of the Taskforce’s Report which details the analysis
and decision making process behind the recommended subdivision of Stapylton Street
Block 2 Section 21 for up to 30 supportive houses.”
I am authorised under section 22 of the Act to make decisions on access to documents
and liability for charges.
I have decided, under section 29 of the Act, not to impose processing charges for this
Identification of Documents
As I advised in my letter of 27 April 2017, a discrete report on “the analysis and decision
making process behind the recommended subdivision of Stapylton Street Block 2 Section
21 for up to 30 supportive houses”, as requested in your Freedom of Information (FOI)
application of 22 March 2017, does not exist.
In order to effectively respond to your request, I have considered for release a range of
documents that describe the Government’s analysis and decision making process in
regard to this site.
Chief Minister, Treasury and Economic Development
GPO Box 158 Canberra ACT 2601 | phone: 132281 | www.act.gov.au
Decision on Access
I have decided to fully release some documents to you, partially release two documents
and fully exempt the remainder from release. Copies of the released documents are
Some documents identified as relevant to your request contain information that I
consider not to be relevant to the scope of your request. This out-of-scope information
has not been released. Also, some documents listed on the schedule are beyond the
scope of your request but have been listed for completeness as they related to a Cabinet
process. The attached schedule indicates where out-of-scope information has not been
released. Please note that in some cases I have retained information in the documents
that relates to public housing sites other than Holder.
My reasons for not providing access to some documents and components of documents
are detailed in the following statement of reasons and on the attached schedule.
Section 35 provides:
(1) A document is an exempt document if it is—
(a) a document that has been submitted to the Executive for its consideration
or is proposed by a Minister to be so submitted, being a document that
was brought into existence for the purpose of submission for
consideration by the Executive; or
(b) an official record of the Executive; or
(c) a document that is a copy of, or of a part of, or contains an extract from,
a document referred to in paragraph (a) or (b); or
(d) a document the disclosure of which would involve the disclosure of any
deliberation or decision of the Executive, other than a document by which
a decision of the Executive was officially published.
Access to the Cabinet notebook is excluded under s 11 (2).
(2) This section does not apply to a document (a relevant document)—
(a) that is referred to in subsection (1) (a); or
(b) that is referred to in subsection (1) (b) or (c) and is a copy of, or of part of,
or contains an extract from, a document that is referred to in subsection
to the extent that the relevant document contains purely factual material
(c) the disclosure under this Act of that document would involve the
disclosure of any deliberation or decision of the Executive; and
(d) the fact of that deliberation or decision has not been officially published.
(3) A reference in this section to the Executive includes a reference to a committee of
I have decided to exempt from release, under section 35(1)(a) of the Act, documents that
were prepared for the purpose of submission to and consideration by Cabinet. Release
would reveal Cabinet deliberations and decisions that have not been officially published
and would prejudice the confidential nature of Cabinet discussions.
For this reason I have also decided not to release documents that disclose the
deliberations or decisions of the Cabinet. In particular this includes several papers
prepared for consideration of the Public Housing Renewal Steering Committee. I consider
that this information is exempt from release under section 35(1)(d) of the Act.
Documents affecting financial or property interests of the Territory
Section 39 provides:
(1) Subject to subsection (2), a document is an exempt document if its disclosure under
this Act would have a substantial adverse effect on the financial or property
interests of the Territory or of an agency.
(2) This section does not apply to a document the disclosure of matter in which under
this Act would, on balance, be in the public interest.
I have decided not to release, under section 39 of the Act, components of reports that
contain cost estimates for site and establishment and development work. I consider that
release of this information is likely to compromise the ACT Government’s commercial
negotiations with developers and construction contractors. Release of this information
may adversely affect the ability of ACT Government to run effective and competitive
tender processes in future, as it may unduly influence the pricing proponents submit in
their applications or produce confusion amongst proponents if they are able to access
different versions of pricing information. I consider that this would not be in the public
interest as it would influence the ability of the ACT Government to achieve value for
money in future processes.
Documents affecting personal privacy
Section 41 of the Act provides:
A document is an exempt document if its disclosure under this Act would
involve the unreasonable disclosure of personal information about any
person (including a deceased person).
I have exempted from release information contained in documents that discloses the
home address of an individual. I am satisfied that the information fal s within the
exemption set out under section 41 of the Act and that release would be a breach of
Your Right of Review
Under section 59(1) of the Act, you may request a review of my decision. You have
28 days after receiving notice of my decision to ask for a review, or a further period as
allowed by the Director-General.
Your request should be addressed to:
c/o Freedom of Information Co-ordinator
Chief Minister, Treasury and Economic Development Directorate
GPO Box 158
CANBERRA ACT 2601
Via email: [email address]
Complaints to the Ombudsman
Under section 54 of the Act, you may complain to the Ombudsman about administrative
matters relating to the processing of your Freedom of Information request. There is no
fee for making a complaint. The Ombudsman wil conduct an independent investigation
into your complaint.
You can contact the Ombudsman either by telephone on 1300 362 072 or in writing to:
GPO Box 442
CANBERRA ACT 2601
Online FOI Policy
I have assessed your request for information under the ACT Government's Online
Freedom of Information Publication Policy and have determined that my decision on your
request and the information released will be published online. Personal information or
business information will not be made available under this policy.
A copy of the policy, with details about what information may be published on the
Internet, is available online at: http://www.cmd.act.gov.au/__data/assets/pdf_file/0016/
I would be happy to elaborate on this decision with you and address any specific concerns
or questions you may have. Please contact me to discuss on (02) 6207 1383.
Public Housing Renewal Taskforce
3 May 2017