Mr James Smith
c/o Right to Know
by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Smith
Freedom of Information (FOI) request 2017/07
I am writing to give you my decision about access to documents you requested under the
Freedom of Information Act 1982 (the FOI Act). I am authorised under section 23 of the FOI
Act to make decisions in relation to FOI requests for the Aged Care Complaints
Commissioner (Complaints Commissioner).
On 5 October 2017 you asked us for documents under the FOI Act:
… related to the ten most recent instances where an employee has sought
information, advice, guidance, or opinion on their social media use in a
private capacity.
The scope of your request was limited to:
•
the original request from the employee
•
the agency/department's response
•
any follow-up questions and response
•
only those sent to a relevant HR / conduct / social media (or similar)
team (rather than managers across all areas of the organisation)
•
where the original request was created in the last two years.
We asked relevant areas to look for documents where staff working in the Aged Care
Complaints Commissioner had asked for information, guidance, advice or opinion on their
use of social media in a private capacity [since the Aged Care Complaints Commissioner
commenced on 1 January 2016]. The search included any documented response to such
requests, whether the original request had been made verbally or in writing. We could not
find any electronic or paper-based records matching the scope of your request.
As no document relating to your request exists, my decision is to refuse your request for
access to documents under s 24A(1) of the FOI Act.
If you are dissatisfied with this decision, you are entitled to seek review. More information
about your review rights is attached.
If you have any questions about this decision, please contact the FOI Manager,
Claire Spindler on 1800 500 294 or by email:
xxx@xxxxxxxxxxxxxxxxxx.xxx.xx. Yours sincerely
Emily Grayson
Director
Assurance, Review, FOI
Aged Care Complaints Commissioner
30 October 2017
Aged Care Complaints Commissioner
GPO Box 9848, Canberra ACT 2601
Telephone: 1800 500 294 Fax: (02) 6204 5293 ABN: 36 342 015 855
Your review rights
Internal review
Section 54 of the Freedom of Information Act 1982 (FOI Act) gives you the right to
apply for an internal review of this decision.
If you wish to seek an internal review of this decision, you must apply for the review
to the Aged Care Complaints Commissioner, in writing, within 30 days of receipt of
this letter.
No particular format is required but it will help the new decision-maker if you state
clearly why you consider the decision should be reviewed. Please send your
application by post or email as follows:
Post: Freedom of Information (FOI) Officer
GPO Box 9848
Canberra ACT 2601
Email:
xxx@xxxxxxxxxxxxxxxxxx.xxx.xx External review by the Australian Information Commissioner
Section 54L of the FOI Act gives you the right to apply directly to the Australian
Information Commissioner to seek a review of this decision.
If you wish to have the decision reviewed by the Information Commissioner you must
apply for the review within 60 days of receipt of this letter.
You can also complain to the Information Commissioner about how an agency
handled an FOI request or other actions the agency took under the FOI Act.
Applications for review or complaint can be lodged in the following ways:
Online:
www.oaic.gov.au
Post:
GPO Box 5218
Sydney NSW 2001
Fax:
+61 2 9284 9666
Email:
xxxxxxxxx@xxxx.xxx.xx
In person:
Level 3, 175 Pitt Street
Sydney NSW 2000
For general enquiries, please call 1300 363 992 or +61 2 9284 9749 for international
callers.
Document Outline