FOI
Statement of reasons made under the Freedom of Information Act 1982
Decision and reason for decision of Position Number 62212962, Information Law Section,
Legal Services and General Counsel Branch, Department of Veterans’ Affairs
Applicant:
Verity Pane
Decision date:
11 October 2018
FOI reference number:
FOI 24429
Dear Verity Pane,
Freedom of Information Request: FOI 24429
1.
I have made a decision to refuse access to one (1) document relevant to your request and to release
three (3) documents relevant to your request in part.
Summary
2.
I, Position Number 62212962, Legal Officer, Information Law Section, am an officer authorised by the
Secretary of the Department of Veterans’ Affairs (
Department) to make decisions about access to
documents in the possession of the Department in accordance with section 23(1) of the
Freedom of
Information Act 1982 (
FOI Act).
3.
On 11 September 2018, you made a request for access to documents in the possession of the
Department. Your request sought access to:
“…Under FOI I seek copy of all Departmental emails and any other records in TRIM or on the
Information Law and/or Legal Services G: drive that relate to scoping study calculations for
DVA FOI 23544 & DVA FOI 23863 & DVA FOI 21147, including communications about
collecting and sampling records related to DVA FOI 23544 & DVA FOI 23863 & DVA FOI
21147.
While the names of DVA officers performing their official duties in the course of their
employment is not personal information, nor operational sensitive, and therefore consent is
not given to redact such information, the email addresses and telephone numbers may be
redacted with consent.
1
I note that each FOI applied to a discrete period and would have involved only the relevant
delegate and one or two other Departmental staff in the normal course of events, therefore
the scope is limited and would cover only a small number of documents…”
4.
As no extensions of time have been applied to process your request, a decision on your request is
due by 11 October 2018.
5.
I have decided not to impose a charge in relation to this request, in accordance with regulation 3(1)
of the
Freedom of Information (Charges) Regulations 1982.
6.
The Department has undertaken a reasonable search of its records and has identified four (4)
documents relevant to your request, as set out above. The documents relevant to your request are
listed at Schedule 1.
Decision
7.
I have made a decision to release three (3) of the documents relevant to your request in part. The
documents that I have chosen to grant access in part are set out in Schedule 1, together with
applicable exemption provisions. Where I have decided to grant access in part, I have provided
access to an edited copy of the documents, modified by deletions in accordance with section 22(2) of
the FOI Act.
8.
I have also made a decision to refuse one (1) document relevant to your request. The document that
I have chosen to refuse access to is set out in Schedule 1, together with applicable exemption
provisions.
Material taken into account
9.
In accordance with section 26(1)(a) of the FOI Act, my findings on any material question of fact, the
material on which those findings were based and the reasons for my decision to grant partial access
to the documents follows.
10.
I have taken the following material into account in making my decision:
the terms of your request dated 11 September 2018;
the types of documents that are in the possession of the Department;
the content of the documents that fall within the scope of your request;
Sections 3, 11 and 11A of the FOI Act which give the Australian community a legally
enforceable right to obtain access to information held by the Government of the
Commonwealth. I also considered the following provisions of the FOI Act relevant to my
decision:
2
Section 11B
Public interest exemption – factors
Section 15
Request for Access
Section 22
Access to edited copies with exempt or irrelevant material deleted
Section 47E
Public interest conditional exemptions – certain operations of the
agency;
Section 47F
Public interest conditional exemptions – personal privacy;
Section 47G
Public interest conditional exemptions – business; and
the Guidelines issued by the Office of the Australian Information Commissioner under section
93A of the FOI Act (
FOI Guidelines).
11.
A full extract of all FOI Act provisions used to make my decision are provided in Schedule 2.
Reasons for decision
12.
I have decided to grant access to documents within the scope of your request, subject to the
following exemptions in accordance with the FOI Act:
Public interest conditional exemptions--certain operations of agencies (section 47E)
13.
I have found material in documents 1-4 to contain information that if released, could have a
substantial adverse effect on the proper and efficient conduct of the Department.
14.
Section 47E of the FOI Act 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. Where the document contains information exempt under
section 47E(d), an edited copy has been prepared (pursuant to section 22 of the FOI Act) with these
details redacted.
15.
Because of the way the Department constructs the email addresses of individual officers, I have
decided to redact the surnames of non-Senior-Executive Departmental staff within direct email
addresses and email signature blocks to give effect to this conditional exemption. I have also decided
to redact the direct contact details, and specific seating location of those staff.
16.
The Department’s role is to provide support and information to veterans and their dependents,
Australian Defence Force personnel and other categories of people. The services and support which
the Department provides include pensions and compensation, health care, rehabilitation and
counselling services, amongst other things
.
17.
It is important that the Department is able to continue to provide these services and to carry out the
other legislative functions and administrative and operational processes required of them. Certain
processes and specific channels of communication have been implemented which enable clients and
3
other relevant stakeholders to contact the Department in a way that ensures all Departmental
resources are managed as efficiently as possible.
18.
Release of the surnames and direct contact details of those staff in the circumstances would
adversely affect the Department as the established lines of communication could then be bypassed.
It is reasonable to expect that this would disrupt and adversely affect the operations of the
Department.
19.
Accordingly, I have decided that the parts of the documents which are listed as exempt in accordance
with this provision in Schedule 1, meet the criteria for conditional exemption. Where a document is
assessed as conditionally exempt, access must be given subject to the public interest test in
accordance with section 11A(5) of the FOI Act.
Application of the public interest test
20.
Section 11A(5) of the FOI Act provides that an agency 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
would, on balance, be contrary to the public interest.
21.
In order to assess whether release of the exempt material would be contrary to the public interest, I
considered the following factors which favour disclosure:
(a) disclosure would promote the objects of the FOI Act; and
(b) disclosure would allow a person to access his or her personal information.
22.
I also considered the following factors which do not favour disclosure:
(a) disclosure would, or could reasonably be expected to, have a substantial adverse effect
on the proper and efficient conduct of the operations o
f an agency;
(b) disclosure could reasonably be expected to prejudice the protection of an individual’s
right to privacy;
(c) disclosure could reasonably be expected to prejudice the management function of an
agency; and
(d) disclosure could reasonably be expected to harm the interests of an individual or group
of individuals.
23.
I am satisfied that no irrelevant factor has been considered, as set out in section 11B(4) of the
FOI Act.
4
24.
On balance, I consider the public interest factors against disclosure to be more persuasive than the
public interest factors favouring disclosure. I am satisfied that the public interest is to withhold the
exempt material.
Public interest conditional exemptions--personal privacy (section 47F)
25.
Section 47F of the FOI Act provides that a document is conditionally exempt if its disclosure would
involve the unreasonable disclosure of personal information about any person (including a deceased
person).
26.
Parts of documents 1-4 contain personal information of Departmental staff and the Department’s
clients including details of their personal affairs and names. This information satisfies the definition
of personal information in section 4 of the FOI Act.
27.
In accordance with section 47F(2) of the FOI Act, in determining whether the disclosure of this
information would involve the unreasonable disclosure of personal information, I considered the
following factors:
(a) the extent to which the information is well known;
(b) whether the person to whom the information relates to is known to be (or to have been)
associated with the matters dealt with in the documents; and
(c) the availability of the information from publicly available sources.
28.
Accordingly, I have decided that parts of documents 1-4 which are listed as exempt in accordance
with this provision in Schedule 1, meet the criteria for conditional exemption. Where a document is
assessed as conditionally exempt, access must be given subject to the public interest test in
accordance with section 11A(5) of the FOI Act.
Application of the public interest test:
29.
Section 11A(5) of the FOI Act provides that an agency 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
would, on balance, be contrary to the public interest.
30.
In order to assess whether release of the exempt material would be contrary to the public interest, I
considered the following factors which favour disclosure:
(a) disclosure would promote the objects of the FOI Act, including:
(i)
inform the community of the Government’s operations, including, in particular, the
policies, rules, guidelines, practices and codes of conduct followed by the
5
Government in its dealings with members of the community;
(ii)
reveal the reason for a government decision and any background or contextual
information that informed the decision; and
(iii)
enhance the scrutiny of government decision making.
(b) disclosure would inform debate on a matter of public importance; and
(c) disclosure would allow a person to access his or her personal information.
31.
I also considered the following factors which do not favour disclosure:
(a) disclosure could reasonably be expected to prejudice the protection of an individual’s right
to privacy; and
(b) disclosure could reasonably be expected to harm the interests of an individual or group of
individuals.
32.
I am satisfied that no irrelevant factor has been considered, as set out in section 11B(4) of the
FOI Act.
33.
On balance, I consider the public interest factors against disclosure to be more persuasive than the
public interest factors favouring disclosure. I am satisfied that the public interest is to withhold the
exempt material.
Public interest conditional exemptions—business (section 47G)
34.
Section 47G of the FOI Act provides that 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 law
of the Commonwealth or of a Territory or the administration of matters administered by an
agency.
6
35.
Parts of document 4 contains business information of third parties including certain commercial
arrangements between the Department and various organisations. Therefore, this information is
within the meaning of section 47G(1) of the FOI Act.
36.
I am satisfied the disclosure of the business information could reasonably be expected to have an
unreasonable adverse effect on the business interests of the relevant organisations for the following
reasons:
(a) it relates to aspects of a number of organisations’ business affairs;
(b) the information is not currently available from public sources;
(c) disclosure of the business information would be a disclosure of a business’ capabilities and
methods and could diminish the competitive nature of the business and affect the
profitability of their business operations.
37.
Accordingly, I have decided that the parts of document 4 which is listed as exempt in accordance
with this provision in Schedule 1, meet the criteria for conditional exemption. Where a document is
assessed as conditionally exempt, access must be given subject to the public interest test in
accordance with section 11A(5) of the FOI Act.
Application of the public interest test:
38.
Section 11A(5) of the FOI Act provides that an agency 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
would, on balance, be contrary to the public interest.
39.
In order to assess whether release of the exempt material would be contrary to the public interest, I
considered the following factors which favour disclosure:
(a) disclosure would promote the objects of the FOI Act; and
(b) disclosure would promote effective oversight of public expenditure.
40.
I also considered the following factors which do not favour disclosure:
(a) disclosure 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.
41.
I am satisfied that no irrelevant factor has been considered, as set out in section 11B(4) of the
FOI Act.
7
42.
On balance, I consider the public interest factors against disclosure to be more persuasive than the
public interest factors favouring disclosure. I am satisfied that the public interest is to withhold the
exempt material.
Additional information
43.
I note that that document 4 contains information directly relevant to your FOI request (FOI 23544), in
which you have sought internal review of the Department’s charges decision. Information contained
within this document is to be used to extract data and create a document in accordance with section
17 of the FOI Act in response to FOI 23544. As such, the document in its current form contains
exempt material.
44.
I have decided to refuse access to this document in full, as the amount of redactions that would need
to be applied to the document (exemptions outlined in Schedule 1), would render the document
meaningless to you.
45.
Information within the documents that have been created after the date of this FOI request
(11 September 2018), have been redacted in accordance with section 22 of the FOI Act. The FOI Act
provides for a right to access documents held by the Department at the date of receipt of your
request.
Access to documents
46.
The documents released to you in accordance with the FOI Act are enclosed.
Information Publication Scheme
47.
In accordance with section 11C(1)(a) of the FOI Act, the documents issued to you will not be made
available in the disclosure log as it relates to your personal information and it would be unreasonable
to publish this information.
Your rights of review
48.
If you are dissatisfied with my decision, you may apply for internal review or Information
Commissioner review of the decision. We encourage you to seek internal review as a first step as it
may provide a more rapid resolution of your concerns.
Internal review
49.
Under section 54 of the FOI Act, you may apply in writing to the Department for an internal review of
my decision. The internal review application must be made within 30 days of the date of this letter.
Where possible please attach reasons why you believe review of the decision is necessary. The
internal review will be carried out by another officer within 30 days.
50.
You can make your application for internal review in one of the following ways:
8
Post: Legal Services & Assurance, Department of Veterans’ Affairs
GPO Box 9998, Canberra ACT 2601
Facsimile: (02) 6289 6337
Email: xxxxxxxxxxx.xxx@xxx.xxx.xx
Information Commissioner review
51.
Under section 54L of the FOI Act, you may apply to the Office of the Australian Information
Commissioner (
OAIC) to review my decision. An application for review by the OAIC 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.
52. More information about your review rights under the FOI Act is available in Fact Sheet 12 published
by the OAIC:
http://oaic.gov.au/freedom-of-information/foi-resources/freedom-of-information-fact-
sheets/foi-factsheet-12-your-review-rights
Contact us
53.
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: xxxxxxxxxxx.xxx@xxx.xxx.xx
Yours Sincerely,
Position Number 62212962
Legal Officer
Information Law Section | Legal Services & General Counsel Branch
Legal Assurance and Governance Division
11 October 2018
9
FOI
Schedule 1
Schedule of documents
Applicant:
Verity Pane
Decision date:
11 October 2018
FOI reference number:
FOI 24429
Doc ref
Date of document
Document description
Pages
Decision
FOI Act exemption provision
1
Various
FOI 21147 documents
1-9
Release in part
Section 47E(d)
2
Various
FOI 23544 documents
10-47
Release in part
Section 47E(d)
3
Various
FOI 23863 documents
48-83
Release in part
Section 47E(d)
4
No date
Exempt document
84-153
Exempt in full
Section 47E(d)
Section 47F
Section 47G
10
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);
(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).
11
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).
15
Requests for access (as related to the requirements for requests)
Persons may request access
(1)
Subject to section 15A, a person who wishes to obtain access to a document of an agency
or an official document of a Minister may request access to the document.
Requirements for request
(2)
The request must:
(a)
be in writing; and
(aa)
state that the request is an application for the purposes of this Act; and
(b)
provide such information concerning the document as is reasonably necessary to
enable a responsible officer of the agency, or the Minister, to identify it; and
(c)
give details of how notices under this Act may be sent to the applicant (for
example, by providing an electronic address to which notices may be sent by
electronic communication).
(2A) The request must be sent to the agency or Minister. The request may be sent in any of the
following ways:
(a)
delivery to an officer of the agency, or a member of the staff of the Minister, at the
address of any central or regional office of the agency or Minister specified in a
current telephone directory;
(b)
postage by pre-paid post to an address mentioned in paragraph (a);
(c)
sending by electronic communication to an electronic address specified by the
agency or Minister.
22
Access to edited copies with exempt or irrelevant matter deleted
Scope
(1)
This section applies if:
(a)
an agency or Minister decides:
12
(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:
(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).
13
(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).
Public interest conditional exemptions
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;
(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 (1) 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
14
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 counsellor;
(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 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.
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(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).
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