FOI 24465 Statement of Reasons.pdf

FOI

Statement of reasons made under the Freedom of Information Act 1982
Decision and reason for decision of Julie (Position Number 62212962), Information Law
Section, Legal Services and Assurance Branch, Department of Veterans’ Affairs

Applicant:

Julie
Decision date:

27 March 2019

FOI reference number:
FOI 24465

Sent by email:

xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Julie
Freedom of Information Request: FOI 24465
1.
The Department identified 53 documents falling within the scope of your request. I have decided to
grant:

  full access to 11 documents; and

  part access to 42 documents.

Authority to make this decision

2.
I, Julie (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).

Summary

3.
On 12 September 2018, you made a request, under the FOI Act, for access to documents in the
Department’s possession. Your request was made in the following terms:

It occurred to me that understanding a bit more about RACER, DVA’s new claims
performance management system would assist me to better understand DVA’s new veteran
centric policies, especially given it is a system introduced as part of those ‘reform’ policies.
1

I therefore seek under FOI any document sent or received by any DVA SES level officer (just
to reduce the scope, as otherwise it might unreasonably catch too many documents about
inane and irrelevant things), whether by email or other method of passing, about RACER,
from today back until 12 September 2017.

If that exceeds more than 50 documents, please exclude any document which also mentions
or refers to anything not about RACER, and if that still exceeds 50 documents, can you
please compile a list of said documents (with page count for each document) and I will will
tell you which ones I want from the list (up to a total of 50).

4.
On 26 October 2018, the Department provided you with a table identifying the available documents
to assist you in specifying which documents you are seeking access to.

5.
On 29 October 2018, you advised the Department via email which documents you were seeking
access to.

6.
The Department notes that a decision was due by 12 October 2018. As no decision was provided by
the due date, the Department is taken to have made a decision refusing your request (section
15AC(3) of the FOI Act). Nevertheless, the Department has continued to process your request to
provide you with a decision.

7.
The Department has undertaken a reasonable search of its records and has identified 53 documents
relevant to your request. The documents relevant to your request are listed at Schedule 1.

Decision

8.
The Department identified 53 documents falling within the scope of your request. I have decided to
grant:

  full access to 11 documents; and

  part access to 42 documents.

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 part access to
the documents follow.

10.
I have taken the following material into account in making my decision:

  the terms of your request, dated 12 September 2018;

2

  your email to the Department on 29 October 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;

  the guidelines issued by the Office of the Australian Information Commissioner (OAIC)
under section 93A of the FOI Act (FOI Guidelines); and

  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:

  Section 11B
Public interest exemption – factors
  Section 22
Access to edited copies with exempt or irrelevant material deleted
  Section 47E
Public interest conditional exemptions--certain operations of
agencies
  Section 47F
Public interest conditional exemptions--personal privacy

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 part access to 42 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.
Section 47E of the FOI Act provides that a document is conditionally exempt if its disclosure 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; and

3

(d)  have a substantial adverse effect on the proper and efficient conduct of the operations of
an agency.

14.
I have decided that the parts of the document which is listed as exempt in accordance with this
provision in Schedule 1 contain information that if released, could have a substantial adverse effect
on the management of personnel by the Department (section 47E(c) of the FOI Act) and the proper
and efficient conduct of the operations of the Department (section 47E(d) of the FOI Act).

15.
I have redacted an internal website link and, because of the way the Department constructs the
email addresses of individual officers, I have decided to redact names of non-Senior Executive
departmental staff within the document to give effect to this conditional exemption.

16.
Release of the internal website used by staff would pose a security risk to the Department’s
information and communications technology infrastructure.

17.
The Department holds a vast amount of sensitive personal information about its clients and trust is
placed in the Department to ensure this information is handled appropriately. Disclosing internal
links may expose the Department to criminal activity and information being inappropriately
accessed. Disclosure of this exempt material allows malicious actors to collect enough information of
the Department’s internal systems to craft a way around the security protocols.

18.
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. 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 other relevant stakeholders to contact the
Department in a way that ensures all Departmental resources are managed as efficiently as possible.

19.
Release of the surnames 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.

20.
Accordingly, I have decided that the parts of 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:

21.
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.
4

22.
In order to assess whether release of the exempt material would be contrary to the public interest, I
considered the following factor which favour disclosure:

(a)  disclosure would promote the objects of the FOI Act, including enhance the scrutiny of
government decision making.

23.
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 management or assessment of personnel by the Commonwealth;

(b)  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;

(c)  disclosure could reasonably be expected to harm the interests of an individual or group of
individuals;

(d)  disclosure could reasonably be expected to prejudice the management function of an
agency.

24.
I am satisfied that no irrelevant factor has been considered, as set out in section 11B(4) of the
FOI Act.

25.
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)

26.
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).

27.
Section 4 of the FOI Act provides that personal information has the same meaning as in the
Privacy Act 1988 (Privacy Act). Personal information is defined in section 6 of the Privacy Act as:

..information or an opinion about an identified individual, or an individual who is reasonably
identifiable:

(a)
whether the information or opinion is true or not;

(b)
whether the information or opinion is recorded in a material form or not.
5

28.
The elements of ‘personal information’ are:

(a)
it relates only to a natural person (not, for example, a company);

(b)
it says something about the individual;

(c)
it may be in the form of an opinion, it may be true or untrue, and it may form part of a
database;

(d)
the individual’s identity is known or is reasonably ascertainable using the information
in the document.

29.
If information is personal information, it will be conditionally exempt if disclosure would be
‘unreasonable’. In considering whether disclosure would be unreasonable, section 47F(2) of the
FOI Act requires me to take into account:

(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; and

(d)
any other matter I consider relevant.

30.
Further, the Guidelines state (at 6.127):

The personal privacy exemption is designed to prevent the unreasonable invasion of third
parties’ privacy. The test of ‘unreasonableness’ implies a need to balance the public interest in
disclosure of government-held information and the private interest in the privacy of individuals.

31.
The term ‘personal information’ is defined in section 4(1) of the FOI Act (by way of reference to
section 6(1) of the Privacy Act 1988), as follows:

personal information means information or an opinion about an identified individual, or an
individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

6

32.
I have exempted part of document 42 as as the exempt material contains claim reference numbers of
third parties. In considering the above, I am satisfied the information is exempt in accordance with
section 47F of the FOI Act.

33.
Accordingly, I have decided that part of document 42 meets 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:

34.
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.

35.
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.

36.
I also considered the following factor which does not favour disclosure:

(a)  disclosure could reasonably be expected to prejudice the protection of an individual’s
right to privacy, including where:

37.
I am satisfied that no irrelevant factor has been considered, as set out in section 11B(4) of the FOI
Act.

38.
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.

Access to documents

39.
The documents released to you in accordance with the FOI Act are enclosed.

Information Publication Scheme

40.  The Information Publication Scheme requires the Department to publish information released in
response to individual requests made under the FOI Act, except in specified circumstances. I am of
the view that details of your request should be made available on the Department’s disclosure log.
7

As such details of your request will be published by the Department on its disclosure log, which can
be accessed at http://www.dva.gov.au/about-dva/freedom-information/foi-disclosure-log

Your rights of review

41.  If you are dissatisfied with my decision, you may request the OAIC review my decision.

OAIC review

42.
Under section 54L of the FOI Act, you may apply to the OAIC to review my decision. An application
for review by 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 2000

43.  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

44.
If you wish to discuss this decision, please do not hesitate to contact the Information Law Section
using the following details:

Post: Legal Services and Assurance Branch, Department of Veterans’ Affairs
GPO Box 9998, Canberra ACT 2601
Facsimile: (02) 6289 6337
Email: xxxxxxxxxxx.xxx@xxx.xxx.xx

Yours sincerely

Julie (Position Number 62212962)
Legal Officer
Information Law Section | Legal Services and Assurance Branch
Legal Assurance and Governance Division

27 March 2019
8

FOI
Schedule 1

Schedule of documents

Applicant:

Julie

Decision date:

27 March 2019

FOI reference number:
FOI 24465

Document Date of document  Document description
Pages
Decision
Exemption provision
reference
1
  25/05/2017
DMIS IPS Enterprise Reporting Business Case - Final
1-14
Release in part
Sections 47E(c), 47E(d)
2
  Undated
Rehabilitation and Compensation Enterpise Reporting (RaCER) R1 - data
15-39
Release in full
N/A
structure and use in Query Studio
3
  Undated
RaCER - sensitive client reporting proposed approach
40-41
Release in full
N/A
4
  June 2018
RaCER June 2018 business update 1.1
42-43
Release in part
Sections 47E(c), 47E(d)
5
  September 2018
RaCER September 2018 business update 1.2
44-46
Release in part
Sections 47E(c), 47E(d)
6
  Undated
Discussion on project scope
47
Release in part
Sections 47E(c), 47E(d)
7
  25/08/2017
DMIS_ISH_Enterprise_Reporting_ProjectBoardMeetingMinutes20170825
48-51
Release in part
Sections 47E(c), 47E(d)
8
  03/08/2017
Terms of Reference - DMIS Ent Rpt_v0.3
52-59
Release in part
Sections 47E(c), 47E(d)
9
  September 2017
17S RC Ent Rpt DVA Project Plan v0.3
60-80
Release in part
Sections 47E(c), 47E(d)
10    September-
BIProjects_Workshops_Timeline_SepOct2017
81
Release in full
N/A
October 2017
11    15/09/2017
DMIS IPS Enterprise Reporting Project Board Meeting Agenda-20170915
82-83
Release in full
N/A
12    14/09/2017
ProjectSchedule-DMISEntRptv0.5
84-143
Release in full
N/A
13    13/09/2017
Project_EntRptg_Racer1409
144-145
Release in part
Sections 47E(c), 47E(d)
14    Undated
RaCER - new model implications 0.2
146-147
Release in full
N/A
15    05/09/2017
RC Enterprise Reporting Business Requirements 2.11
148-177
Release in part
Sections 47E(c), 47E(d)
16    15/09/2017
RC_Enterprise_Reporting_(RaCER)_ProjectBoardMeetingMinutes20170915v1 178-182
Release in part
Sections 47E(c), 47E(d)
9

17    01/09/2017
Terms of Reference - R&C Enterprise Reporting Project Board v0.7
183-189
Release in part
Sections 47E(c), 47E(d)
18    September 2017
17S RC Ent Rpt DVA Project Plan v1.2
190-209
Release in part
Sections 47E(c), 47E(d)
19    September 2017
HighlightReport_RaCER_Sep2017
210-211
Release in part
Sections 47E(c), 47E(d)
20    17/10/2017
RC_Enterprise_Reporting_(RaCER)_ProjectBoardMeetingMinutes20171017
212-215
Release in part
Sections 47E(c), 47E(d)
21    01/09/2017
Terms of Reference - R&C Enterprise Reporting Project Board v1.0
216-222
Release in part
Sections 47E(c), 47E(d)
22    October 2017
HighlightReport_RaCER_Oct2017
223-227
Release in part
Sections 47E(c), 47E(d)
23    14/11/2014
RaCER Project Board Meeting Agenda-20171114
228-229
Release in part
Sections 47E(c), 47E(d)
24    16/11/2017
RC_Enterprise_Reporting_(RaCER)_ProjectBoardMeetingMinutes20171116v1 230-234
Release in part
Sections 47E(c), 47E(d)
25    01/09/2017
Terms of Reference - R&C Enterprise Reporting Project Board v1.0
235-241
Release in part
Sections 47E(c), 47E(d)
26    November 2017
HighlightReport_RaCER_Pre-Nov2017
242-246
Release in part
Sections 47E(c), 47E(d)
27    06/12/2017
RC_Enterprise_Reporting_(RaCER)_ProjectBoardMeetingMinutes20171206
247-252
Release in part
Sections 47E(c), 47E(d)
28    01/09/2017
Terms of Reference - R&C Enterprise Reporting Project Board v1.0(3)
253-259
Release in part
Sections 47E(c), 47E(d)
29    01/09/2017
Terms of Reference - R&C Enterprise Reporting Project Board v1.0(4)
260-266
Release in part
Sections 47E(c), 47E(d)
30    December 2017
HighlightReport_RaCER_Dec2017v1
267-272
Release in part
Sections 47E(c), 47E(d)
31    Undated
RaCER - Risk Register v1.1
273-276
Release in full
N/A
32    23/01/2018
RC_Enterprise_Reporting_(RaCER)_ProjectBoardMeetingMinutes20180123v1 277-280
Release in part
Sections 47E(c), 47E(d)
33    01/09/2017
Terms of Reference - R&C Enterprise Reporting Project Board
281-287
Release in part
Sections 47E(c), 47E(d)
34    08/02/2018
ProjectHighlightReport_RaCER20180208
288-289
Release in part
Sections 47E(c), 47E(d)
35    13/02/2018
RC_Enterprise_Reporting_(RaCER)_ProjectBoardMeetingMinutes20180213
290-294
Release in part
Sections 47E(c), 47E(d)
36    March 2018
RaCER March business update
295-296
Release in full
N/A
37    13/03/2018
RC_Enterprise_Reporting_(RaCER)_ProjectBoardMeetingMinutes20180313
297-301
Release in part
Sections 47E(c), 47E(d)
38    Undated
Sensitive Client Reporting in RaCER - Business Requirement
302-305
Release in part
Sections 47E(c), 47E(d)
39    March 2018
17S RC Ent Rpt DVA Project Plan - Final
306-324
Release in part
Sections 47E(c), 47E(d)
40    17/04/2018
MeetingMinutes-RC_Enterprise_Reporting_(RaCER)_ProjectBoard_20180417  325-330
Release in part
Sections 47E(c), 47E(d)
41    22/03/2018
RaCER Action Item 1611-01 SECUNCLASSIFIED
331
Release in part
Sections 47E(c), 47E(d)
42    March 2018
RC Ent Rpt DVA Project Plan
332-351
Release in part
Sections 47E(c), 47E(d), 47F
43    13/03/2018
RC_Enterprise_Reporting_(RaCER)_ProjectBoardMeetingMinutes20180313
352-356
Release in part
Sections 47E(c), 47E(d)
44    17/05/2018
MeetingMinutes-RC_Enterprise_Reporting_(RaCER)_ProjectBoard_20180517  357-362
Release in part
Sections 47E(c), 47E(d)
45    Undated
RaCER_ER005_PS3004v3
363-365
Release in full
N/A
46    03/07/2018
MeetingMinutes-RC_Enterprise_Reporting_(RaCER)_ProjectBoard_20180703  366-370
Release in part
Sections 47E(c), 47E(d)
47    May 2018
VSB MAY ICT Project Report to DVAv1.0-RaCER
371
Release in part
Sections 47E(c), 47E(d)
48    02/08/2018
MeetingMinutes-
372-376
Release in part
Sections 47E(c), 47E(d)
RC_Enterprise_Reporting_(RaCER)_ProjectBoard_20180802v1
49    Undated
RaCER_ER006_PS3004
377-379
Release in full
N/A
50    28/08/2018
MeetingMinutes-RC_Enterprise_Reporting_(RaCER)_ProjectBoard_20180828  380-383
Release in part
Sections 47E(c), 47E(d)
51    Undated
RaCER_ER006_PS3004
384-386
Release in full
N/A
52    July 2018
RaCER_July2018
387
Release in part
Sections 47E(c), 47E(d)
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).

22
Access to edited copies with exempt or irrelevant matter deleted
Scope

(1)
This section applies if:

(a)
an agency or Minister decides:

(i)
to refuse to give access to an exempt document; or
(ii)
that to give access to a document would disclose information that would
reasonably be regarded as irrelevant to the request for access; and
(b)
it is possible for the agency or Minister to prepare a copy (an edited copy) of the
document, modified by deletions, ensuring that:
(i)
access to the edited copy would be required to be given under section 11A
(access to documents on request); and
(ii)
the edited copy would not disclose any information that would reasonably
be regarded as irrelevant to the request; and
(c)
it is reasonably practicable for the agency or Minister to prepare the edited copy,
having regard to:

(i)
the nature and extent of the modification; and

(ii)
the resources available to modify the document; and
(d)
it is not apparent (from the request or from consultation with the applicant) that
the applicant would decline access to the edited copy.
Access to edited copy

(2)
The agency or Minister must:

(a)
prepare the edited copy as mentioned in paragraph (1)(b); and

(b)
give the applicant access to the edited copy.
Notice to applicant

(3)
The agency or Minister must give the applicant notice in writing:
12

(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).
(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).

Note: 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:
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(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
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;
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(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).

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