FOI ref: 2020/0048
20 July 2020
Mr John Smith
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith,
Notice of charge decision following applicant contention that charge be reduced or
not imposed (s 29(8))
I refer to your email of 11 July 2020 in which you explained the reasons for your request for
a waiver of charges pursuant to section 29(5)(b) on the grounds of public interest and
financial hardship (section 29(5)(a)).
I am an authorised officer under section 23(1) of the FOI Act to make decisions in relation to
FOI requests.
I have decided not to vary the original assessment of the charge. The amount you are liable
to pay is
$1,226.
The reasons for my decision under section 29(4) are set out below.
Reasons for my decision
Waiver on public interest grounds
Section 29(5)(b) of the FOI Act requires me to address whether the giving of access to the
document in question is in the general public interest or in the interest of a substantial
section of the public.
In your email of 11 July 2020, you stated that:
…the recent outsourcing of public servant positions to external businesses is a
matter that is of public interest. Multiple news articles have been written about the
topic.
Additionally, there is a public interest in information about the AAT's unorthodox
staffing practices; and internal discussions about those practices, by the officers
responsible for those practices.
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
Although you have asserted that labour hire usage throughout the APS is a matter of
significant public concern and debate, it is not clear how the particular documents requested
will assist in this regard. The documents you have requested relate to specific labour hire
providers and staff of the AAT and do not appear sufficiently representative, or necessary, to
throw light on any issue of public debate regarding labour hire services.
The AAT publishes figures in relation to contractors and consultants in its Annual Reports.
The provision of individual contracts which contain personal, business and commercial
information would be of little value to a substantial section of the public and do not add to
any public discussion. Information contained in the particular documents requested,
contracts and emails about individual arrangements, have not been a topic of public interest
or discussion in current mainstream media and nor do the documents explain any particular
decision made by the AAT in exercise of its functions.
Section 29(5)(a) of the FOI Act – Financial hardship
Under the FOI Act, I am required to consider whether the payment of the charge, or part of it,
would cause financial hardship to you. Financial hardship is defined in the FOI Guidelines
as:
Financial hardship exists when payment of the debt would leave you unable to
provide food, accommodation, clothing, medical treatment, education or other
necessities for yourself or your family, or other people for whom you are responsible.
Although you have relied on this ground in your submission of 11 July 2020, I have placed
little weight on this. This is because you have not provided evidence of financial hardship or
an argument in support of this contention. In the absence of such evidence, I have
concluded that the payment of this charge would not cause you financial hardship.
Your review rights
If you are dissatisfied with my decision in relation to the charge, 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
Under section 54 of the FOI Act, you may apply in writing to the AAT 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.
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
Information Commissioner review
Under section 54L of the FOI Act, you may apply directly to the Information Commissioner to
review my decision. An application for review by the Information Commissioner must be
made in writing within 60 days of the date of this letter, and be lodged in one of the following
ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_10
email:
xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney NSW 2001
More information about Information Commissioner review is available on the Office of the
Australian Information Commissioner website. Go to
https://www.oaic.gov.au/freedom-of-
information/reviews-and-complaints/information-commissioner-review/.
Questions about this decision
If you have any questions or wish to discuss this decision with us, please contact me at
xxx@xxx.xxx.xx.
Yours sincerely,
Skye M Authorised FOI Officer (APS 6)
Attachments
FOI 2 – Information about reviews and complaints under the Freedom of Information Act
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
