FOI 20-16
21 October 2019
Phillip Sweeney
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Sweeney
NOTICE OF DECISION MADE UNDER SECTION 23 OF THE FREEDOM OF
INFORMATION ACT 1982 (CTH) (FOI ACT) WITH REASONS UNDER SECTION 26
Applicant:
Phillip Sweeney
Decision-maker:
Evelyn Ong, an authorised officer of the Australian Prudential
Regulation Authority (
APRA) for the purposes of subsection
23(1) of the FOI Act.
Relevant
“The documents I seek are redacted copies of all invoices for
documents:
legal services related to the IOOF legal proceeding concluded
last week.
All details of confidential hourly rates can be redacted, as well
as hours billed - I am only seeking the total amount paid per
invoice.”
(
FOI request).
My decision:
Grant access, under subsection 11A(3) of the FOI Act, to the
document specified in the Applicant’s request.
MATERIAL FACTS
1.
On 21 September 2019, you made the FOI request by email under the FOI Act.
2.
On 23 September 2019, APRA acknowledged receipt of the FOI request by email.
EVIDENCE AND MATERIAL
3.
I relied on the following evidence and material in making my decision:
a)
the Applicant’s request received by APRA on 21 September 2019;
b)
acknowledgment email from APRA FOI to the Applicant dated 23 September
2019;
c)
email correspondence between APRA staff between 30 September 2019 and 2
October 2019;
d)
relevant sections of the FOI Act; and
e)
guidelines issued by the Office of the Australian Information Commissioner to date
(
FOI Guidelines).
REASONS
4.
APRA has conducted all reasonable searches of its records and identified 11 documents
relevant to your FOI request (
relevant documents).
5.
I have decided to grant access to the relevant documents under subsection 11A(3) of
the FOI Act.
RIGHTS OF REVIEW
Application for Internal Review of Decision
6.
Under section 54 of the FOI Act, you have the right to apply for an internal review of the
decision if you disagree with my decision. If you make an application for review, another
officer of APRA will be appointed to conduct the review and make a fresh decision on
the merits of the case.
7.
Under section 54B of the FOI Act, you must apply in writing for a review of the decision
within 30 days after the day the decision has been notified to you.
8.
You do not have to pay any other fees or processing charges for an internal review,
except for providing access to further material in the document released as a result of
the review (for example, photocopying, inspection, etc).
9.
No particular form is required to apply for review, although it is desirable (but not
essential), to set out in the application, the grounds on which you consider that the
decision should be reviewed.
10. Application for an internal review of the decision should be addressed to:
FOI Officer
Australian Prudential Regulation Authority
GPO Box 9836, Sydney NSW 2001
Telephone:
(02) 9210 3000
Facsimile:
(02) 9210 3411
11. If you make an application for internal review and we do not make a decision within 30
days of receiving the application, the agency is deemed to have affirmed the original
decision. However, under section 54D of the FOI Act, APRA may apply in writing to the
Information Commissioner for further time to consider the internal review.
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
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Application for review by the Information Commissioner
12. Under section 54L of the FOI Act, you have the right to apply to the Information
Commissioner for a review of the original decision or a review of a decision made on
review.
13. Any application must be in writing and must give details of an address where notices
may be sent and include a copy of the original decision or the decision made on internal
review.
14. An application for review by the Information Commissioner may be lodged in the
following ways:
Online
Complete and lodge the online review form at:
https://www.oaic.gov.au/freedom-of-information/reviews-
and-complaints/information-commissioner-review/
Post
Director of FOI Dispute Resolution
GPO Box 5218, Sydney NSW 2001
Email
xxxxx@xxxx.xxx.xx
Facsimile
(02) 9284 9666
Delivered in person
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street
Sydney NSW 2000
Application for review by Administrative Appeals Tribunal
15. If the decision on review by the Information Commissioner is not to grant access to all
of the documents within your request, you would be entitled to seek review of that
decision by the AAT.
16. The AAT is an independent review body with the power to make a fresh decision. An
application to the AAT for a review of an FOI decision does not attract a fee. The AAT
cannot award costs either in your favour or against you, although it may in some
circumstances recommend payment by the Attorney-General of some or all of your
costs. Further information is available from the AAT on 1300 366 700.
Complaints to the Information Commissioner
17. You may complain to the Information Commissioner concerning action taken by this
agency in the exercise of powers or the performance of functions under the FOI Act.
There is no fee for making a complaint. The Commissioner will conduct an independent
investigation of your complaint.
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
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18. You may complain to the Information Commissioner either orally or in writing, by any of
the methods outlined above, or by telephone, on 1300 363 992.
Evelyn Ong
FOI Officer
Australian Prudential Regulation Authority
Date: 21 October 2019
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
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Schedule of documents to be released
Document
Description
Method of release
number
Document 1
Invoice
Redacted version attached
Document 2
Invoice
Redacted version attached
Document 3
Invoice
Redacted version attached
Document 4
Invoice
Redacted version attached
Document 5
Invoice
Redacted version attached
Document 6
Invoice
Redacted version attached
Document 7
Invoice
Redacted version attached
Document 8
Invoice
Redacted version attached
Document 9
Invoice
Redacted version attached
Document 10 Invoice
Redacted version attached
Document 11 Invoice
Redacted version attached
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
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FREEDOM OF INFORMATION ACT 1982 (CTH)
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).
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
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