Our Reference: 2017/001196
OAIC Reference: MR18/00544
28 July 2022
Sun Shine
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Sun Shine,
Your Freedom of Information Request
I refer to your request of 20 June 2018 under the FOI Act seeking access to a copy of the document:
“
I seek access under the Freedom of Information Act 1982 (FOI Act) to information
regarding the Australian Radiation Protection and Nuclear Safety Agency's
(ARPANSA) project to expand its Radioactive Waste Store.
ARPANSA provided information to staff via Powerpoint in April 2018 dealing with
the waste store expansion project at ARPANSA's Yallambie office. This presentation
addressed the proposed transport and storage of additional waste in Yallambie and
timelines for project completion.
Request access to documents that describe the project, including the presentation
made to staff in April 2018.
This request involves no information of a personal nature or information involving
third-parties.”
Original Decision
On 17 August 2018 ARPANSA determined to grant you access in part to documents that fell
within the scope of your request.
Revised decision under Section 55G of the Freedom of Information Act 1982
ARPANSA has determined to make a revised decision under paragraph 55G(1)(a) of the
Freedom of
Information Act 1982 (the FOI Act) widening the scope of your request to include additional
documents.
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.
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
Decision
I have interpreted the request as extending to any document that might reasonably be taken to be
included within the broad description used in the request. In considering the request I have read the
request fairly being mindful not to take a narrow or pedantic approach to its construction. My reasons
for making this decision are set out in Attachment A to this letter.
I have identified 37 documents relevant to your request and have decided to release 36 of the
documents to you in part and release one of the documents in full. I completed a search of documents,
mindful of a broad view of the request. The 37 documents (235 pages) found in the search have been
forwarded to you under separate emails due to the size of the document file. At Attachment B is a
schedule setting out each identified document and detailing my decision in relation to each document.
Deletions have been made in the document attached, in accordance with section 22 of the FOI Act, on
the basis that disclosure of the information would involve a substantial adverse effect on the proper
and efficient conduct of the operations of an agency within the terms of section 47E, unreasonable
disclosure of personal information within the terms of section 47F, unreasonably affect a person
adversely in respect of his or her lawful business or professional affairs of an organisation and, as it
would on balance be contrary to the public interest to disclose the personal information, it is exempt
under section 31B. The exemptions that have been applied to 37 documents found are set out in
Attachment B – Schedule of Documents.
I have enclosed extracts of the provisions of the FOI Act relevant to your request and my decision at
Attachment C to this letter.
My decision is a revised decision under paragraph 55G(1)(a) of the FOI Act, as mentioned above.
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 will be placed on the ARPANSA disclosure log will 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.
2 of 3
Contacts
If you require clarification of any of the matters set out in this letter please contact John Templeton on 02
95418345 or xxx@xxxxxxx.xxx.xx.
Yours sincerely
John Templeton
John Templeton
Legal Counsel
Privacy and FOI Officer
Office of the General Counsel
Australian Radiation Protection and Nuclear Safety Agency
3 of 3
ATTACHMENT ‘A’ – REASONS FOR DECISION – Sun Shine 28 July 2022
Material taken into account
In making my decision, I had regard to the following:
• The terms of the FOI request, mindful of a broad view of the terms of the 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; 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.
Exemptions
The schedule of documents identifies the relevant sections of the Act under which exemptions have
asserted in respect of the document. My reasons for finding particular exemptions are set out below.
Section 22 deletion of material that is exempt material
Section 22(1)(a)(i) of the Act allows for the deletion of information which is exempt. Where a matter
irrelevant to the broad terms of the applicant’s request is discussed in the identified documents and
the material is exempt, the matter has been deleted from the document.
Where a decision is made to refuse access to a document on the grounds that it is an exempt
document, section 22 al ows an agency to make an edited copy of the document with the exempt
material deleted.
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 - certain operations of agencies
Relevantly, section 47E provides that a document is conditionally exempt 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.
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”.
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
The subject matter of documents, described in the attached Schedule of Documents where Section 47E is
claimed, is radioactive waste at the Yallambie campus of ARPANSA and/or radioactive waste managed by
ARPANSA at other location and some material contained in those documents reveals the exact physical
location or reveals information about ARPANSA’s operational matters taking place near or next to the
exact physical location of radioactive waste, both present and future, of radioactive sources.
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.
I find that the requested document is conditionally exempt under section 47E of the FOI Act.
Section 47G - business
Relevantly, section 47G conditionally exempts documents where disclosure would disclose
information concerning the business, commercial or financial affairs of an organisation or
undertaking, where the disclosure of the information would, or could reasonably be expected to,
unreasonably affect that organisation or undertaking in respect of its lawful business, commercial
or financial affairs.
The subject matter of documents, described in the attached Schedule of Documents where section
47G is asserted, includes material which discloses the pricing strategies of organisations entering
into commercial transactions with ARPANSA. There is no doubt that this is information concerning
the business, commercial or financial affairs of that organisation. Were these pricing strategies to
become publicly available, this would put the organisation at a commercial disadvantage in bidding
for future work. I find that disclosure of the material would, or could reasonably be expected to,
unreasonably affect that organisation or undertaking in respect of its lawful business, commercial
or financial affairs.
Accordingly, I find that the document is conditionally exempt under section 47G.
Section 47F – Public interest conditional exemption - Personal privacy
Section 47F conditionally exempts a document if its disclosure would involve the unreasonable
disclosure of personal information about any person (including a deceased person).
Personal information
Personal information is defined in section 4 of the FOI Act as:
• Information or an opinion, whether true or not, and whether recorded in a material form or
not, about an individual or an individual who is reasonably identifiable.
The elements of ‘personal information’ are:
i. it relates only to a natural person (not, for example, a company);
ii. it says something about the individual;
iii. it may be in the form of an opinion, it may be true or untrue; and
iv. Is information about an individual or an individual who is reasonably identifiable.
2 of 4
For documents in the attached Schedule of Documents where section 47F is claimed, I have found
that some of the information in the documents is personal information as it discloses the names of
certain individuals together with other information such as signatures, mobile telephone numbers
and email addresses.
Disclosure unreasonable
If information is personal information, it will be exempt if disclosure would be ‘unreasonable’. There
are a range of factors in deciding whether or not disclosure would be unreasonable, including:
i. the nature of the information, i.e. it should not be bland or common place;
ii. the circumstances in which the information was obtained;
iii. the current relevance of the information;
iv. the stated object of the legislation in section 3 of the Act being to facilitate and promote
the disclosure of information;
v. the extent to which the person is a public figure;
vi. the extent to which the information is already a matter of public knowledge;
vii. whether there was any expectation of confidentiality; and
viii. whether the information would shed light on the workings of government.
I find that disclosure of the documents conditionaly exempted under section 47F would involve
unreasonable disclosure of personal information. Release of the personal information would be
unreasonable because the information to be disclosed would provide a means to facilitate unwanted
and unwelcome contact from strangers and, taken together, the information may al ow attempts at
identity theft or fraud.
Accordingly, I am satisfied that the documents are exempt under section 47F.
Public interest
Access must generaly be given to a conditionaly exempt document unless it would be contrary to the
public interest (see section 11A). In considering this issue, I have taken into account the following
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 all 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. In this case, I have not identified any public interest
grounds other than those listed in section 11B of the FOI Act.
The document does not reveal any information about the Government’s operations, in particular the
policies, rules, guidelines, practices and codes of conduct followed by the Government in its dealings
with members of the community or reveal the reason for a government decision or any background or
3 of 4
contextual information that informed the decision. Disclosure of the document wil not enhance the
scrutiny of government decision making, but wil contribute to open and transparent government. For
these reasons I do not consider that any significant weight should be given to the public interest in
promoting the objects of the FOI Act.
While some members of the public may have an interest in the subject matter of the document, it is
not apparent that it describes a matter of public importance and, therefore, I do not consider that any
significant weight should be given to the public interest in informing debate on a matter of public
importance.
While the disclosure of the document would give visibility to one item of ad hoc government expenditure,
it would appear unlikely that disclosure would contribute to promoting effective oversight of government
expenditure and, so, this public interest holds only nominal weight.
Factors against disclosure
a. the interest in preserving the efficient and proper functioning of government;
b. the person’s personal information is not publicly known;
c. the person to whom the information relates is not known to be associated with the matters
dealt with in the document;
d. the interest in preserving the security of secure Commonwealth sites;
e. the interest in minimising the risks to the safety of the public from persons with malicious
intent from accessing dangerous materials;
f. the information is not available from public sources;
g. the interest in allowing third parties to interact with government without risking
loss of commercially sensitive information; and
h. disclosure could reasonably be expected to harm the interests of a third party going about
their lawful business.
I consider that there is a strong public interest in;
a. protecting the security and safety of Commonwealth staff, in particular, and, more generally,
the Australian people; and
b. in government being able to engage with third parties in the performance of government
functions and in those third parties being able to deal with government without their
legitimate interests and lawful business being damaged by the mere fact of that dealing.
In my view, in relation to the documents, the factors against disclosure outweigh the factors in favour
of disclosure as disclosure of the conditionally 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.
Taking these matters into account, I find that it would, on balance, be contrary to the public interest to
release the documents in full. The documents are therefore exempt under sections 47E, 47F and 47G.
I have also found that the exempt material can be deleted from the documents and an edited copy of
them provided to you.
4 of 4
ATTACHMENT B – SCHEDULE OF RELEVANT DOCUMENTS
Doc
No. Document Title
Pages
Part
First page
in Part
Released
Section
Email with attachment - SCOPE - Project
1
Brief - Waste Storage - Yallambie 29-11-
19
PART 1
1
Part
s47E
2017
2
Email - Re_ SCOPE - Project Brief -
Waste Storage - Yallambie 29-11-2017
3
PART 1
20
Part
s47E
3
Email with attachment - RE_ Waste
Store Expansion - SWOT Analysis
6
PART 1
23
Part
s47E
Email with attachment - Emailing_ Copy
4
of D1727986 ARPANSA-PM-TMP-
3
PART 1
29
Part
s47G
003_Project Costing
Executive Group Paper and
5
Attachments - 18 January 2018 Waste
31
PART 2
1
Part
s47E, s47F,
Store Expansion (includes Project Brief)
s47G
Email with attachment - Fwd_
6
ARPANSA STORE Design Quotation and
7
PART 2
32
Part
s47F, s47G
next steps
7
Email with attachment - RE_ ARPANSA
STORE Design Quotation and next steps
7
PART 2
39
Part
s47F, s47G
8
Email - RE_ ARPANSA STORE Design
Quotation and next steps
6
PART 2
46
Part
s47F
9
Project Proposal
3
PART 2
52
Part
s47G
Email with attachment - ARPANSA-PM-
10 TMP-001_Project Proposal - Waste
4
PART 2
55
Part
s47E
Storage Area at Yallambie v 19032018
11 Email - Re Design PO for ARPANSA
Waste Store
2
PART 2
59
Part
s47F
12 Email with attachments - Waste Store
and Yallambie Site details
3
PART 3
1
Part
s47E, s47F
Email - FW_ARPANSA Waste Store -
13 Design Kick Off Meeting Notes
2
PART 4
1
Part
s47F
09_04_2018 10-04-2018 11.11 AM
14 Email - ARPANSA Waste Store – Design
Kick Off
5
PART 4
3
Part
s47F
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
Doc
No. Document Title
Pages
Part
First page
in Part
Released
Section
Email - FW_ ARPANSA Waste Store -
15 Design Kick Off Meeting Notes
4
PART 4
8
Part
s47F
09_04_2018 19-04-2018 9.24 AM
Email with attachment - Fwd_
16 ARPANSA Waste Store - Design Kick Off
Meeting Notes 09_04_2018 - 19-04-
6
PART 4
12
Part
s47E, s47F
2018 2.15 PM
Email with attachments - ARPANSA
17 Waste Store - Design Comments - 26-
12
PART 5
1
Part
s47E, s47F
04-2018 1.52 PM
18 Staff update
2
PART 6
1
Part
s47E, s47G
19 Business Case
5
PART 6
3
Part
s47G
20 Staff Presentation
16
PART 6
8
Part
s47E, s47F,
s47G
Executive Group Paper and
21 Attachments - 9 March 2018 Waste
11
PART 6
24
Part
s47E, s47F,
Store Expansion
s47G
No
22 Email - PRO-0025 Waste Storage Area
1
PART 6
35
Released
in full
applicable
exemptions
23 Email - A Frame in Old Linac Modulator
Room - Disposal
1
PART 6
36
Part
s47F
24 Email - PO Request - Existing Linac
Chiller Relocation to Roof
1
PART 6
37
Part
s47G
25 Email - FW_ MTA Chiller relocation
from Linac Modulator Room
2
PART 6
38
Part
s47F
26 Email - RE_ Melbourne Uni Waste
2
PART 6
40
Part
s47E
Email with attachment - FW_ ARPANSA
27 - Waste Store Design for our review and
8
PART 6
42
Part
s47E, s47F
approval
Email with attachment - FW_ ARPANSA
28 - Waste Store Design for our review and
10
PART 7
1
Part
s47E, s47F
approval
Email with attachment - ARPANSA -
29 Waste Store Design for ARPANSA
9
PART 8
1
Part
s47E, s47F
review and approval
30 Email with attachments - PO for Comrez
Linac Chiller Relocation
2
PART 9
1
Part
s47F
31 Email with attachments - Fwd_ PO for
Comrez Linac Chiller Relocation
3
PART 9
3
Part
s47F
2 of 3
Doc
No. Document Title
Pages
Part
First page
in Part
Released
Section
32 Email RE_ PO for Comrez Linac Chiller
Relocation 7.42 AM
2
PART 9
6
Part
s47F
33 Email RE_ PO for Comrez Linac Chiller
Relocation 8.28 PM
2
PART 9
8
Part
s47F
Email with attachments - FW_
34 ARPANSA Storage Facility Ventilation
3
PART 9
10
Part
s47F
Comments
35 Email with attachment - Waste Store &
Vertical Linac Beam
1
PART 9
13
Part
s47E
Email with attachment - FW_ ARPANSA
36 Waste Store Project - Invitation to
3
PART 9
14
Part
s47F, s47G
Quote and documentation
37 Construction RFQ and attachments
28
PART 9
17
Part
s47E, s47F
3 of 3
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, Yalambie 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
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 5
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).
47F Public interest conditional exemptions-personal privacy
General rule
(1) A document is conditionally exempt if its disclosure under this Act would involve the
unreasonable disclosure of personal information about any person (including a deceased person).
(2) In determining whether the disclosure of the document would involve the unreasonable
disclosure of personal information, an agency or Minister must have regard to the following
matters:
a. the extent to which the information is well known;
3 of 5
b. 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;
c. the availability of the information from publicly accessible sources;
d. any other matters that the agency or Minister considers relevant.
(3) Subject to subsection (5), subsection (I) does not have effect in relation to a request by a person
for access to a document by reason only of the inclusion in the document of matter relating to
that person.
Access given to qualified person instead
(4) Subsection (5) applies if:
a. a request is made to an agency or Minister for access to a document of the agency, or an
official document of the Minister, that contains information concerning the applicant, being
information that was provided by a qualified person acting in his or her capacity as a
qualified person; and
b. it appears to the principal officer of the agency or to the Minister (as the case may be) that
the disclosure of the information to the applicant might be detrimental to the applicant's
physical or mental health, or well-being.
(5) The principal officer or Minister may, if access to the document would otherwise be given to the
applicant, direct that access to the document, so far as it contains that information, is not to be
given to the applicant but is to be given instead to a qualified person who:
a. carries on the same occupation, of a kind mentioned in the definition of qualified person in
subsection (7), as the first-mentioned qualified person; and
b. is to be nominated by the applicant.
(6) The powers and functions of the principal officer of an agency under this section may be
exercised by an officer of the agency acting within his or her scope of authority in accordance
with arrangements referred to in section 23.
(7) In this section:
qualified person means a person who carries on, and is entitled to carry on, an occupation that
involves the provision of care for the physical or mental health of people or for their well-being, and,
without limiting the generality of the foregoing, includes any of the following:
a. a medical practitioner;
b. a psychiatrist;
c. a psychologist;
d. a counsel or;
e. a social worker.
Note: Access must generally be given to a conditionally exempt document unless it would be contrary to
the public interest (see section 11A)
47G Public interest conditional exemptions—business
(1) A document is conditionally exempt if its disclosure under this Act would disclose information
concerning a person in respect of his or her business or professional affairs or concerning the
business, commercial or financial affairs of an organisation or undertaking, in a case in which
the disclosure of the information:
(a) would, or could reasonably be expected to, unreasonably affect that person adversely in
respect of his or her lawful business or professional affairs or that organisation or
undertaking in respect of its lawful business, commercial or financial affairs; or
(b) could reasonably be expected to prejudice the future supply of information to the
Commonwealth, Norfolk Island or an agency for the purpose of the administration of a
4 of 5
law of the Commonwealth or of a Territory or the administration of matters administered
by an agency.
(2) Subsection (1) does not apply to trade secrets or other information to which section 47 applies.
(3) Subsection (1) does not have effect in relation to a request by a person for access to a document:
(a) by reason only of the inclusion in the document of information concerning that person in
respect of his or her business or professional affairs; or
(b) by reason only of the inclusion in the document of information concerning the business,
commercial or financial affairs of an undertaking where the person making the request is
the proprietor of the undertaking or a person acting on behalf of the proprietor; or
(c) by reason only of the inclusion in the document of information concerning the business,
commercial or financial affairs of an organisation where the person making the request is
the organisation or a person acting on behalf of the organisation.
(4) A reference in this section to an undertaking includes a reference to an undertaking that is
carried on by, or by an authority of, the Commonwealth, Norfolk Island or a State or by a local
government authority.
(5) For the purposes of subsection (1), information is not taken to concern a person in respect of the
person’s professional affairs merely because it is information concerning the person’s status as a
member of a profession.
Note:
Access must generally be given to a conditionally exempt document unless it would be contrary to the
public interest (see section 11A).
55G Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access refusal decision (the
original decision) in relation to a request or an application under section 48 at any time during
an IC review of the access refusal decision if the variation or substitution (the revised
decision) would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or annotated in accordance
with the application.
Note:
When making the revised decision, a consultation requirement under section 26A (documents affecting
Commonwealth-State relations etc.), 27 (business documents) or 27A (documents affecting personal
privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access refusal decision under
subsection (1):
(a) the agency or Minister must, in writing, notify the Information Commissioner as soon as
practicable after the agency or Minister makes the variation or substitution; and
(b) the Information Commissioner must deal with the IC review application for review of
the original decision as if it were an IC review application for the review of the varied or
substituted decision, subject otherwise to this Part.
5 of 5
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 wil 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 wil 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 orally, 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, Yalambie 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
