FOI
Internal review decision made under the Freedom of Information Act 1982
Internal review decision and reasons for decision of Position Number 01001130,
Information Law, Legal Services & Assurance
Applicant:
Verity Pane
Date of primary decision:
18 May 2018
FOI reference number:
FOI 22031
Internal review decision date:
20 June 2018
Internal review reference number:
IR 22524
Dear Verity Pane
1. The purpose of this letter is to give you a decision about your request for internal review under the
Freedom of Information Act 1982 (FOI Act).
2. I have made a decision to vary the original decision made by Position Number 01002306, Information
Law, Legal Services & Assurance, to refuse access to the documents subject to your request.
3. I have made a decision to grant full access to the information subject to your request.
Summary
4. I, Position Number 01001130, Information Law, Legal Services & Assurance, am an officer authorised by
the Secretary of the Department of Veterans’ Affairs (the Department) to review decisions about access
to documents in the possession of the Department in accordance with section 54C of the FOI Act.
5. On 18 April 2018 you made a request for access to documents in the possession of the Department of
Veterans’ Affairs (the Department). Your request sought access to:
“Under s 17 of the FOI Act I seek a one page document to be complied [sic]
from information held in
your HR information system and any other applicable data systems or holdings, detailing the APS
level and DVA office location of all current department FOI delegates (and separately,
reconsideration delegates, if there are any who have no original decision duties).
If a delegate also has duties other than FOI Duties, can you also provide a [sic]
estimated
percentage proportion of their time spent on FOI activities.
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Details such as names re not required, just APS employment level, office location, and proportion of
FOI duties if employee performs other roles as well.”
6. On 18 May 2018 you were provided with a decision relating to access to documents within scope of
your request.
7. On 21 May 2018 you requested an internal review of the decision to refuse access to the documents
subject to your request.
Decision and Reasons for Decision
8. I have made a decision to vary the original decision made by Position Number 01002306 on 18 May
2018 not to release any documents subject to your request.
9. I have made a decision to grant full access to the information subject to your request.
Access to requested information
10. The information you requested and are being granted access to in accordance with the FOI Act is set out
below. The Department has produced a table containing the requested information in accordance with
section 17 of the FOI Act.
List of APS level FOI delegates, office location and estimated time spent on FOI as at 20 June 2018.
APS Level
Office Location
Estimated time spent on FOI
1.
Executive Level 2
Canberra, ACT
25%
2.
Executive Level 1
Canberra, ACT
95%
3.
Australian Public Service Level 6
Canberra, ACT
90%
4.
Australian Public Service Level 5
Canberra, ACT
90%
5.
Executive Level 1
Sydney, NSW
25%
6.
Australian Public Service Level 5
Sydney, NSW
90%
7.
Australian Public Service Level 5
Sydney, NSW
90%
8.
Australian Public Service Level 4
Sydney, NSW
80%
9.
Australian Public Service Level 4
Sydney, NSW
80%
10. Australian Public Service Level 3
Sydney, NSW
80%
11. Australian Public Service Level 3
Sydney, NSW
80%
12. Australian Public Service Level 3
Sydney, NSW
50%
13. Australian Public Service Level 3
Sydney, NSW
50%
14. Australian Public Service Level 3
Sydney, NSW
50%
Information Publication Scheme
11. On 1 May 2011, the Information Publication Scheme commenced. The Department is now required
under section 11C of the Act to publish information released in response to individual requests made
under the Act, except in specified circumstances. This applies to requests received on or after 1 May
2011 and as such details of your request will be published by the Department on its disclosure log,
which can be accessed at:
http://www.dva.gov.au/about-dva/freedom-information/foi-disclosure-log
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Your rights of review
Your rights of review
12. If you are dissatisfied with my decision, you may apply for Information Commissioner review of the
decision.
Information Commissioner Review
13. Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to review
my decision. An application for review by the Information Commissioner must be made in writing within
60 days of the date of this letter, and be lodged in one of the following ways:
Online: www.oaic.gov.au Post: Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Facsimile: (02) 9284 9666
Email: xxxxxxxxx@xxxx.xxx.xx
In person: Level 3, 175 Pitt Street, Sydney NSW.
14. More information about your review rights under the FOI Act is available in Fact Sheet 12 published by
the Office of the Australian Information Commissioner:
http://oaic.gov.au/freedom-of-information/foi-
resources/freedom-of-information-fact-sheets/foi-factsheet-12-your-review-rights
Contacts
15. If you wish to discuss this decision, please do not hesitate to contact me using the following details:
Post: Legal Services & Assurance, Department of Veterans’ Affairs
GPO Box 9998, Canberra ACT 2601
Facsimile: (02) 6289 6337
Email: xxxxxxxxxxxxxx@xxx.xxx.xx
Yours sincerely
Position Number 01001130
Position Number 01001130
Information Law
Legal Services & Assurance
20 June 2018
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FOI
Schedule 2
Schedule of relevant provisions in the FOI Act
3 Objects—general
(1)
The objects of this Act are to give the Australian community access to information held by
the Government of the Commonwealth or the Government of Norfolk Island, by:
(a)
requiring agencies to publish the information; and
(b)
providing for a right of access to documents.
(2)
The Parliament intends, by these objects, to promote Australia’s representative democracy
by contributing towards the following:
(a)
increasing public participation in Government processes, with a view to promoting
better informed decision-making;
(b)
increasing scrutiny, discussion, comment and review of the Government’s
activities.
(3)
The Parliament also intends, by these objects, to increase recognition that information held
by the Government is to be managed for public purposes, and is a national resource.
(4)
The Parliament also intends that functions and powers given by this Act are to be
performed and exercised, as far as possible, to facilitate and promote public access to
information, promptly and at the lowest reasonable cost.
11 Right of access
(1)
Subject to this Act, every person has a legally enforceable right to obtain access in
accordance with this Act to:
(a)
a document of an agency, other than an exempt document; or
(b)
an official document of a Minister, other than an exempt document.
(2)
Subject to this Act, a person’s right of access is not affected by:
(a)
any reasons the person gives for seeking access; or
(b)
the agency’s or Minister’s belief as to what are his or her reasons for seeking
access.
11A Access to documents on request
Scope
(1)
This section applies if:
(a)
a request is made by a person, in accordance with subsection 15(2), to an agency or
Minister for access to:
(i)
a document of the agency; or
(ii)
an official document of the Minister; and
(b)
any charge that, under the regulations, is required to be paid before access is given
has been paid.
(2)
This section applies subject to this Act.
Note:
Other provisions of this Act are relevant to decisions about access to documents, for example the following:
(a)
section 12 (documents otherwise available);
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(b)
section 13 (documents in national institutions);
(c)
section 15A (personnel records);
(d)
section 22 (access to edited copies with exempt or irrelevant matter deleted).
Mandatory access—general rule
(3)
The agency or Minister must give the person access to the document in accordance with
this Act, subject to this section.
Exemptions and conditional exemptions
(4)
The agency or Minister is not required by this Act to give the person access to the
document at a particular time if, at that time, the document is an exempt document.
Note:
Access may be given to an exempt document apart from under this Act, whether or not in response to a request (see
section 3A (objects—information or documents otherwise accessible)).
(5)
The agency or Minister must give the person access to the document if it is conditionally
exempt at a particular time unless (in the circumstances) access to the document at that
time would, on balance, be contrary to the public interest.
Note 1: Division 3 of Part IV provides for when a document is conditionally exempt.
Note 2: A conditionally exempt document is an exempt document if access to the document would, on balance, be contrary to
the public interest (see section 31B (exempt documents for the purposes of Part IV)).
Note 3: Section 11B deals with when it is contrary to the public interest to give a person access to the document.
(6)
Despite subsection (5), the agency or Minister is not required to give access to the
document at a particular time if, at that time, the document is both:
(a)
a conditionally exempt document; and
(b)
an exempt document:
(i)
under Division 2 of Part IV (exemptions); or
(ii)
within the meaning of paragraph (b) or (c) of the definition of exempt
document in subsection 4(1).
17 Requests involving use of computers etc.
(1) Where:
(a) a request (including a request in relation to which a practical refusal reason exists) is
made in accordance with the requirements of subsection 15(2) to an agency;
(b) it appears from the request that the desire of the applicant is for information that is not
available in discrete form in written documents of the agency; and
(ba) it does not appear from the request that the applicant wishes to be provided with a
computer tape or computer disk on which the information is recorded; and
(c) the agency could produce a written document containing the information in discrete
form by:
(i) the use of a computer or other equipment that is ordinarily available to the agency
for retrieving or collating stored information; or
(ii) the making of a transcript from a sound recording held in the agency;
the agency shall deal with the request as if it were a request for access to a written document
so produced and containing that information and, for that purpose, this Act applies as if the
agency had such a document in its possession.
(2) An agency is not required to comply with subsection (1) if compliance would substantially and
unreasonably divert the resources of the agency from its other operations.
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22 Access to edited copies with exempt or irrelevant matter deleted
Scope
(1)
This section applies if:
(a)
an agency or Minister decides:
(i)
to refuse to give access to an exempt document; or
(ii)
that to give access to a document would disclose information that would
reasonably be regarded as irrelevant to the request for access; and
(b)
it is possible for the agency or Minister to prepare a copy (an edited copy) of the
document, modified by deletions, ensuring that:
(i)
access to the edited copy would be required to be given under section 11A
(access to documents on request); and
(ii)
the edited copy would not disclose any information that would reasonably
be regarded as irrelevant to the request; and
(c)
it is reasonably practicable for the agency or Minister to prepare the edited copy,
having regard to:
(i)
the nature and extent of the modification; and
(ii)
the resources available to modify the document; and
(d)
it is not apparent (from the request or from consultation with the applicant) that
the applicant would decline access to the edited copy.
Access to edited copy
(2)
The agency or Minister must:
(a)
prepare the edited copy as mentioned in paragraph (1)(b); and
(b)
give the applicant access to the edited copy.
Notice to applicant
(3)
The agency or Minister must give the applicant notice in writing:
(a)
that the edited copy has been prepared; and
(b)
of the grounds for the deletions; and
(c)
if any matter deleted is exempt matter—that the matter deleted is exempt matter
because of a specified provision of this Act.
(4)
Section 26 (reasons for decision) does not apply to the decision to refuse access to the
whole document unless the applicant requests the agency or Minister to give the applicant
a notice in writing in accordance with that section.
23 Decisions to be made by authorised persons
(1)
Subject to subsection (2), a decision in respect of a request made to an agency may be
made, on behalf of the agency, by the responsible Minister or the principal officer of the
agency or, subject to the regulations, by an officer of the agency acting within the scope of
authority exercisable by him or her in accordance with arrangements approved by the
responsible Minister or the principal officer of the agency.
(2)
A decision in respect of a request made to a court, or made to a tribunal, authority or body
that is specified in Schedule 1, may be made on behalf of that court, tribunal, authority or
body by the principal officer of that court, tribunal, authority or body or, subject to the
regulations, by an officer of that court, tribunal, authority or body acting within the scope
of authority exercisable by him or her in accordance with arrangements approved by the
principal officer of that court, tribunal, authority or body.
26 Reasons and other particulars of decisions to be given
(1)
Where, in relation to a request, a decision is made relating to a refusal to grant access to a
document in accordance with the request or deferring provision of access to a document,
the decision-maker shall cause the applicant to be given notice in writing of the decision,
and the notice shall:
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(a)
state the findings on any material questions of fact, referring to the material on
which those findings were based, and state the reasons for the decision; and
(aa)
in the case of a decision to refuse to give access to a conditionally exempt
document—include in those reasons the public interest factors taken into account
in making the decision; and
Note:
Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see
section 11A).
(b)
where the decision relates to a document of an agency, state the name and
designation of the person giving the decision; and
(c)
give to the applicant appropriate information concerning:
(i)
his or her rights with respect to review of the decision;
(ii)
his or her rights to make a complaint to the Information Commissioner in
relation to the decision; and
(iii)
the procedure for the exercise of the rights referred to in subparagraphs (i)
and (ii); including (where applicable) particulars of the manner in which an
application for internal review (Part VI) and IC review (Part VII) may be
made.
(1A)
Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a
decision referred to in subsection (1).
(2)
A notice under this section is not required to contain any matter that is of such a nature
that its inclusion in a document of an agency would cause that document to be an exempt
document.
(see section 11A).
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