Our Reference: 2017/01196
27 June 2018
Sun Shine
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Sun Shine,
Your Freedom of Information Request
I refer to your request of 22 May 2018 under the
Freedom of Information Act 1982 (the FOI Act) seeking
access to a copy of the document:
the written notice (improvement notice) that required the holder of the licence to: (a) remedy a
contravention; or (b) prevent a likely contravention from occurring; or (c) remedy matters or
activities causing the contravention or likely contravention; or (d) cease an activity causing the
contravention or likely contravention.
The improvement notice referred to is identified by you as being an Improvement Notice issued by the CEO
of ARPANSA in 2017 under section 80A of the Act.
I am an officer authorised under section 23 of the For FOI Act to make decisions with respect to
applications for access to documents under the FOI Act and this letter sets out my decision on your request.
Decision
I have identified one document relevant to your request and have decided to release the document to you
in part.
My reasons for making this decision are set out in Attachment A to this letter. At Attachment B is a
schedule setting out each identified document and detailing my decision in relation to each document.
I have enclosed extracts of the provisions of the FOI Act relevant to your request and my decision at
Attachment C to this letter.
You wil note that deletions have been made in the document attached, in accordance with section 22 of
the FOI Act. Some material contained in the document has been edited from the document on the basis
that it is irrelevant to the scope of your request. Further material has been deleted on the basis that
disclosure of the information could reasonably be expected to have a substantial adverse effect on the
proper and efficient conduct of the operations of an agency within the terms of section 47E(d) and, as it
would on balance be contrary to the public interest to disclose that, it is exempt under section 31B.
619 Lower Plenty Road, Yal ambie VIC 3085
38–40 Urunga Parade, Miranda NSW 2228
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
PO Box 655, Miranda NSW 1490
arpansa.gov.au
+61 2 9541 8333
Review Rights
You are entitled to seek review of this decision. Your rights in this regard are set out at Attachment D to
this letter.
You may also complain to the Commonwealth Ombudsman about the way your request has been handled
and Attachment D also sets out your rights of complaint and how to exercise them.
Publication of information in accessed documents.
ARPANSA must publish information that has been released in response to each freedom of information
access request, subject to certain exceptions, in what is known as a “disclosure log”.
The disclosure log requirement does not apply to personal information about any person if it would be
unreasonable to publish the information or to information about the business, commercial, financial or
professional affairs of any person if publication of that information would be unreasonable. ARPANSA is
not required to consult you on any decision to publish information that is released to you and the decision
to publish information is not subject to internal review by ARPANSA or the Australian Information
Commissioner. Any person can however, make a complaint to the Australian Information Commissioner
about how an agency handles an FOI request.
I advise you that the document that wil be placed on the ARPANSA disclosure log wil be the same as the
document released to you.
ARPANSA’s disclosure log can be found at
http://www.arpansa.gov.au/AboutUs/disclosure.cfm.
Contacts
If you require clarification of any of the matters set out in this letter please contact Martin Reynolds on 03
9433 2349 or
xxx@xxxxxxx.xxx.xx.
Yours sincerely
Martin Reynolds
General Counsel
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ATTACHMENT A – REASONS FOR DECISION
Material taken into account
In making my decision, I had regard to the fol owing:
• The terms of your request;
• The content of the documents to which you sought access;
• Advice from ARPANSA officers with responsibility for matters relating to the documents to which you
sought access;
• The relevant provisions of the FOI Act;
• ARPANSA’s guidance material on the FOI Act, and
• Guidelines on FOI, available on the Office of the Australian Information Commissioner website.
Findings of fact and reasons for decision
Where the schedule of documents indicates an exemption claim has been applied to a document or part of
document, my findings of fact and reasons for deciding that the exemption provision applies to that
document or part of document are set out below.
Section 22 deletion of exempt matter or irrelevant material
Section 22 of the Act al ows for the deletion of information which is either exempt or which is irrelevant to
the scope of the request. I have concluded that the name of a CSIRO officer included on the form in the
field described as “Licence Holder” is irrelevant to the scope of your request as the officer is merely the
person to whom the Notice was handed and is not, in fact, the licence holder. The licence holder is still
identified in the Notice and this material has not been exempted.
I have also found that a picture of the signature of the ARPANSA Inspector who issued the Notice is
irrelevant. The Inspector’s name is included on the Notice and has not been exempted.
Section 22(1)(a)(i) – material which is exempt
Where a decision is made to refuse access to a document on the ground that it is an exempt document,
section 22 allows an agency to make an edited copy of the document with the exempt material deleted.
You have been provided with such edited copies of documents. The schedule identifies the relevant
section of the Act under which the exempt material has been deleted. My reasons for claiming the
particular exemption are set out below.
Section 47E(d) - certain operations of agencies
Section 47E(d) conditional y exempts a document if its disclosure would, or could reasonably be expected
to, have a substantial adverse effect on the proper and efficient conduct of the operations of an agency.
619 Lower Plenty Road, Yal ambie VIC 3085
38–40 Urunga Parade, Miranda NSW 2228
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
PO Box 655, Miranda NSW 1490
arpansa.gov.au
+61 2 9541 8333
In considering this issue, I have taken into account the fact that release of documents is unconditional and
no restrictions can be placed on the subsequent use of the documents. This is sometimes referred to as
release to the “world-at-large”.
The subject matter of the Improvement Notice is radioactive sources at the Clayton campus of the CSIRO
and some material contained in the document reveals the exact physical location of sources within that
campus. Some of these radioactive sources could be of interest for malicious use and advertising the
whereabouts of such sources with more specificity than is currently available to the public could reasonably
be expected to adversely affect the security procedures required and the safety of the site.
Public interest
Access must general y be given to a conditional y exempt document unless it would be contrary to the
public interest (see section 11A). In considering this issue, I have taken into account the fol owing public
interest factors in favour of and against disclosure:
Factors in favour of disclosure
Factors favouring access to the document in the public interest include whether access to the document
would do any of the fol owing:
a. promote the objects of this Act (including al the matters set out in sections 3 and 3A);
b. inform debate on a matter of public importance;
c. promote effective oversight of public expenditure; and
d. allow a person to access his or her own personal information.
I have also taken into consideration any guidelines issued by the Australian Information Commissioner
issued under section 11B(5) of the FOI Act.
Factors against disclosure
a. the interest in preserving the efficient and proper functioning of government;
b. the interest in preserving the security of secure Commonwealth sites;
c. the interest in minimising the risks to the safety of the public from persons with malicious intent
from accessing dangerous materials; and
d. that the information is not available from public sources.
In my view, in relation to the document, the factors against disclosure outweigh the factors in favour of
disclosure as disclosure of the conditional y exempt material would not promote the objectives of the FOI
Act, would add nothing to any ongoing debate of public importance, and would make no contribution to
governmental accountability. Whereas the public interest in protecting the security and safety of
Commonwealth staff, in particular, and, more generally, the Australian people carries great weight.
Taking these matters into account, I find that it would, on balance, be contrary to the public interest to
release the document in full. Parts of the document are therefore exempt under section 47E(d).
2 of 2
ATTACHMENT B – SCHEDULE OF RELEVANT DOCUMENTS
Doc No. Document Title
Pages Released Section
1
Improvement Notice dated 12 April 2017
1
In Part
s22, s47E
619 Lower Plenty Road, Yal ambie VIC 3085
38–40 Urunga Parade, Miranda NSW 2228
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
PO Box 655, Miranda NSW 1490
arpansa.gov.au
+61 2 9541 8333
ATTACHMENT C – RELEVANT FOI ACT PROVISIONS
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);
(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).
619 Lower Plenty Road, Yal ambie VIC 3085
38–40 Urunga Parade, Miranda NSW 2228
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
PO Box 655, Miranda NSW 1490
arpansa.gov.au
+61 2 9541 8333
11C Publication of information in accessed documents
Scope
(1) This section applies to information if an agency or Minister gives a person access to a document
under section 11A containing the information, except in the case of any of the following:
(a) personal information about any person, if it would be unreasonable to publish the
information;
(b) information about the business, commercial, financial or professional affairs of any
person, if it would be unreasonable to publish the information;
(c) other information of a kind determined by the Information Commissioner under
subsection (2), if it would be unreasonable to publish the information;
(d) any information, if it is not reasonably practicable to publish the information under this
section because of the extent of any modifications to a document (or documents)
necessary to delete information mentioned in paragraphs (a) to (c).
(2) The Information Commissioner may, by legislative instrument, make a determination for the
purposes of paragraph (1)(c).
Publication
(3) The agency, or the Minister, must publish the information to members of the public generally on
a website by:
(a) making the information available for downloading from the website; or
(b) publishing on the website a link to another website, from which the information can be
downloaded; or
(c) publishing on the website other details of how the information may be obtained.
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
2 of 3
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.
31B Exempt documents for the purposes of this Part
A document is
exempt for the purposes of this Part if:
a. it is an exempt document under Division 2; or
b. it is conditionally exempt under Division 3, and access to the document would, on balance,
be contrary to the public interest for the purposes of subsection 11A(5).
Note 1: A document is an
exempt document for the purposes of this Act (see subsection 4(1) if:
a. it is exempt under this section; or
b. it is exempt because of section 7 (exemption of certain persons and bodies); or
c. it is an official document of a Minister that contains matters not relating to the affairs of an
agency or a Department of State.
Note 2: Access must generally be given to a conditionally exempt document unless it would be contrary to
the public interest (see section 11A).
47E Public interest conditional exemptions—certain operations of agencies
A document is conditionally exempt if its disclosure under this Act would, or could reasonably
be expected to, do any of the following:
(a) prejudice the effectiveness of procedures or methods for the conduct of tests,
examinations or audits by an agency;
(b) prejudice the attainment of the objects of particular tests, examinations or audits
conducted or to be conducted by an agency;
(c) have a substantial adverse effect on the management or assessment of personnel by the
Commonwealth, by Norfolk Island or by an agency;
(d) have a substantial adverse effect on the proper and efficient conduct of the operations of
an agency.
Note:
Access must generally be given to a conditionally exempt document unless it would be contrary to the
public interest (see section 11A).
3 of 3
ATTACHMENT D INTERNAL REVIEW OF DECISION BY ARPANSA
You have the right to apply for an internal review of this decision in accordance with Part VI of the
Freedom
of Information Act 1982 (FOI Act). If you make an application for review, the CEO of ARPANSA will appoint
an officer of ARPANSA to conduct a review and make a completely fresh decision on the merits of the case.
If you wish to exercise this review right, you must apply in writing for a review of the decision within 30
days of receipt of this letter. You do not have to pay any fees or proceeding charges for internal the review.
No particular form is required to apply for review although it is desirable to set out in the application the
grounds on which you consider that the decision should be changed.
The application for review of the decision should be sent to
xxx@xxxxxxx.xxx.xx or:
FOI & Privacy Officer
ARPANSA
619 Lower Plenty Road
YALLAMBIE VIC 3085
If you make an application for internal review and a decision is not made by us within 30 days of receiving
the application, the original decision will be deemed to be affirmed in accordance with section 54D of the
FOI Act and you will be entitled to make an application to the Information Commissioner in accordance
with sections 54L and 54M of the FOI Act. Similarly, if you are dissatisfied with ARPANSA’s decision on
internal review, you may also apply for review of this decision to the Information Commissioner.
Review of Decision by the Australian Information Commissioner (AIC)
You do not have to seek an internal review of the decision directly from ARPANSA. You may wish to seek a
review of the decision from the AIC. If so, you must apply in writing and you can lodge your application in a
number of ways. More information is available on the AIC’s website at:
https://www.oaic.gov.au/freedom-
of-information/foi-review-process.
Complaints to the AIC or the Commonwealth Ombudsman
You may complain to the Commonwealth Ombudsman or the AIC concerning action taken by an agency in
the exercise of the powers or the performance of functions under the FOI Act. There is no fee for making a
complaint. The Ombudsman or the AIC wil conduct a completely independent investigation of your
complaint.
You may complain to the Ombudsman either oral y, in person, on-line or in writing and to the AIC in writing
or by completing the on-line form. Relevant addresses are:
Commonwealth Ombudsman
The Australian Information Commissioner
GPO Box 442
GPO Box 2999
OR GPO Box 5218
CANBERRA ACT 2601.
Canberra ACT 2601 Sydney NSW 2001
Web:
www.ombudsman.gov.au
Web:
https://www.oaic.gov.au/freedom-of-
information/foi-complaints
619 Lower Plenty Road, Yal ambie VIC 3085
38–40 Urunga Parade, Miranda NSW 2228
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
PO Box 655, Miranda NSW 1490
arpansa.gov.au
+61 2 9541 8333
Irrelevant
8
NE 201
s 47E - operations
s 47E - operations
FOI JU
s 47E - operations
SED BY ARPANSA UNDER
RELEA
s 47E - operations
Irrelevant
Document Outline
