Reference: R32357638
FOI 178/17/18 STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT
1.
I refer to the application by Ms Verity Pane under the
Freedom of Information Act 1982
(FOI Act), for access to:
“I request to be complied under s 17 (unless existing document exists that provides the
information sought), for the above scope, the following:
* the number of APP 12 applications received (broken down by month in FY16/17);
* for each APP 12 application received during FY16/17, the number of days that
elapsed before Defence gave an APP 12 decision (from the day following the date the
APP 12 access application was made); and
* the number of APP 12 access decisions refused in full, provided in part, or provided
in full (from those received in FY16/17)”
FOI decision maker
2.
I am the accredited officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
3.
One document was generated under section 17 of the FOI Act matching the description
of the request.
a. A written document was produced containing the information by using a
‘computer or other equipment that is ordinarily available’ to the agency for
retrieving or collating stored information (s 17(1)(c)(i))
b. Producing the written document did not substantially and unreasonably divert
resources of the agency from its other operations (s 17(2))
Decision
4.
I have decided to grant access to the document.
Material taken into account
5.
In making my decision, I had regard to:
a. the terms of the request;
b. the content of the identified document in issue;
c. relevant provisions in the FOI Act;
2
d. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
e. advice received from a privacy officer within the department – Directorate of
Complaint Resolution.
Further Information
6.
In correspondence to you on 22 November 2017 Defence provided to you an
administrative response to your request as follows:
a. In Financial Year 2016-17, the Defence Privacy Office received one request for
access to personal information under Australian Privacy Principle (APP) 12.
b. The individual concerned has complained to the Office of the Australian
Information Commissioner about, amongst other things, Defence's handling of the
request and is also currently seeking judicial review of our decision.
c. While there is ongoing consideration of the request and complaint it would be
inappropriate to provide information about it at this time. Further, once the
complaint is finalised it would be inappropriate to provide details about the request
as such details are likely to identify the individual who made the APP12 access
request.
PeterBavington Digitally signed by
PeterBavington
Date: 2017.12.04 14:42:16 +11'00'
Peter Bavington
Accredited Decision Maker
Director Complaints and Resolution
Defence People Group
4 December 2017
FOI 178/17/18
APP 12 Applications FY16/17
Month
the number
the number of days that elapsed before APP 12 access
of APP 12
Defence gave an APP 12 decision
decisions
applications (from the day following the date the
received
APP 12 access application was made)
November 2016 1
27
Provided in part
Document Outline
