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From:
OAIC
To:
Emma Liddle
Subject:
[OAICicon] ICON information session highlights and other news
Date:
Friday, 8 June 2018 4:58:29 PM
8 June 2018
OAICicon
IN THIS ISSUE
Recent IC review decisions
Spotlight: FOI decisions and statements of reasons
Update: Information Publication Scheme
OAIC careers
Recent IC review decisions 
 
The Acting Australian Information Commissioner has recently issued the
following Information Commissioner (IC) review decisions:
 
Elstone Pty Limited and Civil Aviation Safety Authority (Freedom of
information) [2018] AICmr 52 (28 May 2018)

Access refusal – Documents relating to a complaint that was made against
the applicant – Whether disclosure of the material would have a substantial
adverse effect on the proper and efficient conduct of the operations of an
agency – Whether disclosure is contrary to the public interest – ss 11A(5) and
47E(d) – Decision under review affirmed
 
'PC' and Australian Taxation Office (Freedom of information) [2018]
AICmr 53 (30 May 2018)

Access refusal decision – Request for internal emails authored by ATO
personnel – Whether disclosure would have a substantial adverse effect on
the management or assessment of personnel – Whether disclosure is contrary
to the public interest – ss 11A(5) and 47E(c) – Decision under review affirmed
The Australian and National Native Title Tribunal (Freedom of
information) [2018] AICmr 54 (30 May 2018)

Access refusal decision – Request for documents relating to complaints made
against a tribunal member – Whether disclosure would have a substantial

adverse effect on the management or assessment of personnel – Whether
disclosure is contrary to the public interest – ss 11A(5) and 47E(c) – Decision
under review affirmed
All IC review decisions are available on the OAIC website.
 
Decisions
 
Spotlight: FOI decisions and statements of reasons
The FOI Act specifies that a decision relating to a request made to an agency
may be made by:
the responsible minister
the principal officer of the agency, or
by officers who are properly authorised (s 23(1)).
Under the FOI Act, decision makers must give applicants a statement of
reasons if they refuse any aspect of an FOI request, or defer access to
documents (s 26(1)). The statement of reasons must include
the decision
the findings on any material questions of fact
the evidence or other material on which those findings are based
the reasons for the decision (including any public interest factors taken
into account in deciding to refuse access to a conditionally exempt
document)
the name and designation of the person making the decision
information about the applicant’s rights to make a complaint or seek a
review and the procedure for doing so (s 26(1)).
Information Commissioner Guidance 
Part 3 of the FOI Guidelines provides guidance about when a statement of
reasons is needed and what information needs to be provided – in particular,
it is useful to note:
While there is no specified form for a statement of reasons, where the
request involves numerous documents or complex issues relating to
exemptions, a statement of reasons and a schedule of documents
attached to a letter to the applicant may be most appropriate [FOI
Guidelines 3.168].
The statement of reasons should show a rational connection between
the findings of material fact, the decision maker’s understanding of the
relevant statutory provisions and the decision itself. It is not enough for
the decision maker to state that he or she is satisfied that a document or
parts of a document is exempt [FOI Guidelines 3.176].
Where the decision relates to a document of an agency, the decision
notice needs to include the name and designation of the person making
the decision, including the decision maker’s first name, surname and
title, to clearly explain their authority to make the decision [FOI
Guidelines 3.181].

The OAIC has also developed resources for agencies that give detailed
advice to assist with FOI decision making. See in particular:
FOI agency resource 1: Twelve tips for FOI decision makers
FOI agency resource 6: Making a decision on an FOI access request
FOI agency resource 7: Statement of reasons checklist
FOI agency resource 11: Sample FOI notices
The OAIC is currently reviewing its guidance material for agencies. Please
send any questions or comments regarding current material or suggestions for
new material to xxxxx@xxxx.xxx.xx.
 
 
Update: Information Publication Scheme – 2018
Survey of Australian Government agencies 
 
The 2018 Information Publication Scheme (IPS) Survey of Australian
Government agencies that are subject to the Freedom of Information Act 1982
(Cth) was launched on 29 May 2018.
The fieldwork for the IPS Survey will be conducted from 29 May until close of
business 12 June 2018. ORIMA Research has sent each Australian
Government agency a link to the online survey.
If you have any questions or require further information about the IPS Survey,
please contact Mabel Dela Cruz of ORIMA Research on (02) 6109 6300 or
xxxxxxx@xxxxx.xxx or OAIC contact officer Emma Liddle, Acting Director
FOI on (02) 9284 9717 or xxxx.xxxxxx@xxxx.xxx.xx.
 
Read more
 
OAIC careers





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The OAIC is looking for:
Assistant Directors, Senior Review Officers and Senior Investigations
Officers (EL1) to work in its FOI team and Privacy Dispute Resolution
area
Review and Investigation officers (APS 6) to work in its FOI team and
Privacy Dispute Resolution area
Advisers (APS 6) to work in its Regulation and Strategy Branch.
For more information and how to apply for the roles, please visit the OAIC
careers page.
 
Current positions
 
oaic.gov.au  
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