Our ref: 2017/18 01
8 August 2017
Mr Steven Smith
Email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith,
Notice of Decision for Freedom of Information Request no. 2017/18 01
The purpose of this letter is to give you a decision about access to documents that you
have requested under the
Freedom of Information Act 1982 (
FOI Act).
Summary
I am an officer authorised under section 23(1) of the FOI Act to make decisions in
relation to FOI requests.
On 12 July 2017 you requested access to the data from the telephone conference that
occurred on 6 September 2016 in matter number 2016/2300. On 13 July 2017 I wrote to
you to clarify the meaning of ‘data’, and you responded on 15 July 2017 that by ‘data’
you mean everything that was said in the telephone conference on the date specified.
On 19 July 2017 you clarified further that you are referring to all the information that was
recorded in the phone conference.
I have taken your request to be for access to an audio recording and any written notes
of the telephone conference held on 6 September 2017 in matter number 2016/2300.
Decision
I have decided to:
• refuse your request for an audio recording on the basis that it does not exist; and
• grant partial access to the Conference Report and notes written by the
Conference Registrar during the telephone conference of 6 September 2016.
In making my decision I have taken the following material into account:
• your emails of 12, 15 and 19 July 2017;
• the FOI Act, specifically sections 21, 22, 24A and 47F; and
• t
he guidelines issued by the Australian Information Commissioner under section
93A of the FOI Act.
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
Audio recording of 6 September 2016 telephone conference
Section 24A of the FOI Act provides that an agency may refuse a request for access to
a document if it is satisfied that it does not exist. Confidentiality is an essential feature of
the AAT’s Alternative Dispute Resolution processes and accordingly, conferences are
not electronically recorded. I am therefore satisfied that an audio recording of the
6 September 2016 conference does not exist and refuse this part of your request under
section 24A of the FOI Act.
Conference Report and notes
I have decided to partially release the 6 September 2016 Conference Report and notes
with personal information deleted under section 47F of the FOI Act. Although you have
not specifically requested them, I will also release Conference Reports and notes from
the other conferences of 13 July 2016 and 9 August 2016 for your convenience.
A document is conditionally exempt under section 47F of the FOI Act if its disclosure
would involve the unreasonable disclosure of personal information about any person. I
consider that the Conference Registrar’s signature in the Conference Reports is
personal information.
In determining whether disclosure of the signature would be unreasonable, I have had
regard to the following matters:
• the extent to which the information is well known;
• 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;
• the availability of the information from publicly accessible sources; and
• any other relevant matters.
I have determined that disclosure of the signature would be unreasonable because the
information is not well known or available from publicly accessible sources. Given that
the Conference Report is an internal document and Conference Registrars’ signatures
are not usually released to applicants or the public, there is a reasonable expectation
that the Conference Registrar’s personal privacy would be respected and that their
personal information would not be disseminated. For these reasons, I find that the
information is conditionally exempt under section 47F of the FOI Act.
I have considered whether access to the information would, on balance, be contrary to
the public interest having regard to the FOI Guidelines. A relevant public interest factor I
have considered which favours disclosure is the promotion of the objects of the FOI Act.
A relevant factor against disclosure is that releasing the information could reasonably be
expected to prejudice the Conference Registrar’s right to privacy.
PAGE 2 OF 4
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
On balance I consider that the benefits of protecting individuals’ privacy must be given
greater weight, particularly considering the confidential nature of the document and the
fact that the Conference Registrar’s signature is not publicly available. I therefore find
that disclosure of the information would be contrary to the public interest under section
11A(5) of the FOI Act.
Edited versions of the Conference Reports will be released to you with the signatures
redacted, as per section 22 of the FOI Act.
Deferred access to the documents
Section 21(1)(c) of the FOI Act provides that access to documents can be deferred if
their release would be contrary to the public interest. I note that the email address you
have provided in making your FOI request is not your personal email address. It is
important to note that any documents or emails I send to you at the
Right to Know email
address will be made public on the
Right to Know website for anyone to view. I note that
the
Right to Know website recommends that you do not use their services to make FOI
requests for your own personal information (s
ee ‘Can I request information about
myself?’ on their website). Given that the documents contain sensitive personal
information about you, I do not consider it to be in the public interest to provide the
documents to you at the
Right to Know email address.
Once I have received your personal email or other address, I will be able to provide you
with your documents. Please contact me to provide your personal email address, or
other address to which you would like me to send the documents, as soon as possible.
Your review rights
Information about how you can apply for a review of this decision or complain about how
we have dealt with this matter is set out in the attached fact sheet, FOI 2.
If you have any questions, please contact me on 02 9276 5360 or at
xxx@xxx.xxx.xx. Yours sincerely,
Claire Jordan
Authorised FOI Officer (APS5)
Attachments:
FOI 2 – Information about reviews and complaints under the Freedom of Information Act
PAGE 3 OF 4
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
Information about reviews and complaints under the
Freedom of Information Act
What should I do prior to applying for internal review or contacting the Office of
the Australian Information Commissioner?
Before you apply for an internal review or contact the Office of the Australian Information
Commissioner, we recommend that you telephone the officer who made the FOI
decision. It is often possible to resolve concerns or answer your questions using this
approach and, if not, the officer will be able to assist you in applying for review.
How do I apply for internal review to the AAT?
You can apply to us for an internal review of the FOI decision. The application for
internal review must be made within 30 days or such further period as we allow, after the
day the decision is notified to you. To apply for an internal review you must do so in
writing. You may also wish to explain why you are not satisfied with the decision. A
different and more senior officer authorised under the
Freedom of Information Act 1982 (the FOI Act) will conduct the internal review and make a new decision within 30 days
after receipt of your application.
If you have already applied for internal review and want to seek a further review of that
decision, you will need to apply to the Australian Information Commissioner.
How do I apply for review to the Australian Information Commissioner?
You may also apply directly to the Australian Information Commissioner for review of the
FOI decision. The application for review must be made within 60 days after the day
notice of the decision was given. An application for review must be in writing, include
details of how notices in relation to the review are to be sent to you and include a copy
of the decision. You may also wish to explain why you are not satisfied with the decision.
An online application form is available on the Office of the Australian Information
Commissioner’s website, details of which are provided below.
What if I want to make a complaint about the handling of a Freedom of Information
request?
If you have a complaint about the way in which we have processed your request for
access under the FOI Act you can ask the Australian Information Commissioner to
investigate. An online complaint form is available on the Office of the Australian
Information Commissioner’s website, details of which are provided below.
Where can I find further information or contact details for the Office of the
Australian Information Commissioner?
Further information is available on the Office of the Australian Information
Commissioner’s website at
www.oaic.gov.au and you can contact the office on 1300 363
992 or by email at
xxxxxxxxx@xxxx.xxx.xx..
FOI 2 (July 2016)
PAGE 4 OF 4
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
