2020 0068 Notice of decision J Smith.pdf

FOI ref: 2020/0068

17 August 2020

Mr John Smith
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Mr Smith,

Notice of Decision for Freedom of Information Request no. 2020/0068

The purpose of this letter is to give you a decision about access to documents that you
have requested under the Freedom of Information Act 1982 (FOI Act).
Summary
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to
FOI requests.
You lodged 5 separate FOI requests on 18 June 2020 and 24 June 2020 for access to:
1. ‘…the contract with commonwealth tender ID CN3418470-A5, between the AAT and
Launch Recruitment Pty ltd, publish date 27-Mar-2017 to 30-Jun-2017.’
2. ‘…the contract with commonwealth tender ID CN3531767, between the AAT and
Launch Recruitment Pty ltd, publish date 9-Aug-2018.’
3. ‘… the contract with commonwealth tender ID CN3552941, between ATRAC and
Launch Recruitment Pty ltd, publish date 16-Nov-2018.’ I note that this was subsequently
amended to read, ‘…between AAT and Launch Recruitment Pty Ltd.’

4. ‘…the contract with commonwealth tender ID CN3552946, between the AAT and
Launch Recruitment Pty ltd, publish date 16-Nov-2018.’
5. ‘… the fol owing contracts between Launch Recruitment Pty Ltd, and the AAT. They
are identifiable by the following CN IDs on AusTender;
- CN3650297
- CN3606081
- CN3591076’
On 3 July 2020, I advised that I would be combining the 5 requests into one single FOI
request as permitted under section 24 of the FOI Act.
I have liaised with the AAT’s procurement team in order to identify the documents
relevant to your request. As a result, I have identified 4 documents which fall within the
scope of your request:
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

•
Launch Recruitment Pty Ltd – Terms of Agreement
•
Purchase order under 4500000288 – CN3552941(related to Part 3 of your request)
•
Purchase order under 4500000293 – CN3552946 (related to Part 4 of your request)
•
Purchase order under 4500000368 – CN3650297; CN3606081; CN3591076 (related
to Part 5 of your request)

Decision
I have decided to grant partial access to the documents.
In making my decision, I have taken the following into account:
•  the content of the documents that fall within the scope of your request;
•  the FOI Act, specifically sections 22 and 47F;
•  the guidelines issued by the Australian Information Commissioner under s 93A of
the FOI Act (FOI Guidelines); and
•  the views of a third party consulted by the AAT under s 27 of the FOI Act.
Reasons for my decision
Purchase Orders

Section 47F of the FOI Act – Personal privacy

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.

In determining whether disclosure would be unreasonable, I must have regard to the
following matters:

•  the extent to which the information is well known
•  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
•  the availability of the information from publicly accessible sources
•  any other relevant matters

I have considered the availability of this information and the extent to which the
information is well known. In this case, I find that the individuals’ names and signatures
contained in the Purchase Orders are not well known or publicly available.
I consider that there is a reasonable expectation that the individuals would have
provided this information in confidence and would hold a reasonable expectation that
their personal information would not be disseminated or further disseminated to third
parties for another purpose. I also find that disclosure of this information would be an
unnecessary intrusion that could cause the individuals unreasonable distress should this
information be made public.

As we have not received the individuals’ express consent to the release of this
information, I find that our obligations under the Privacy Act 1988 in relation to the
protection of their personal privacy, should take precedent. Taking into account the
nature of the information, the lack or limited extent of public availability of the information
and the fact that the information has been provided to the AAT for a limited purpose, I
am satisfied that this information is conditionally exempt under section 47F of the FOI
Act.

I have also considered whether the other information contained in the three Purchase
Orders is conditionally exempt under section 47F. These documents contain the
individuals’ payment amounts and position titles at a specific point in time. I have
considered the availability of this information and find that this information is already
available from publicly accessible sources.

In addition, I have taken into consideration the views of a third party under consultation. I
have received express permission from the third party that certain information can be
disclosed to a third party for the purpose of this FOI request. Therefore, disclosure
would not be unreasonable.

For these reasons, I have decided that on this occasion, the information relating to the
individual’s payment amounts and position titles is not conditionally exempt under
section 47F of the FOI Act.

Terms of Agreement

Section 47F of the FOI Act – Personal privacy

I have also considered the application of section 47F of the FOI Act in relation to the
Terms of Agreement. As explained above, section 47F provides that a document is
conditionally exempt if its disclosure would involve the unreasonable disclosure of
personal information about any person.

The Terms of Agreement contain the names and signatures of the individuals who
executed the agreement. I have found that these signatures are not well known or
publicly available.

I consider that there is a reasonable expectation that the individuals would have
provided this information in confidence and would hold a reasonable expectation that
their personal information would not be disseminated to third parties for another
purpose. I also find that disclosure of this information may enable fraud and would be an
unnecessary intrusion that could cause the individual unreasonable distress should this
information be made public.

For these reasons, I have decided that the names and signatures are conditionally
exempt under section 47F of the FOI Act.

Public interest test

Having found that the names and signatures contained in both the Terms of Agreement
and the Purchase Orders is conditionally exempt information, I have considered whether
access to the information would, on balance, be contrary to the public interest having
regard to the FOI Guidelines.

A relevant public interest factor I have considered which favours disclosure is the
promotion of the objects of the FOI Act, through facilitating and promoting public access
to information held by Government.

Relevant factors against disclosure are:

•  the release of confidential information provided in relation to the recruitment of
AAT employees may discourage people from engaging in the process and inhibit
the attraction of qualified candidates in the future
•  disclosure could prejudice the individual’s right to privacy and could cause them
unreasonable distress should their personal information be made public
•  the release of this information would not serve a public purpose on a matter of
public debate, public expenditure or otherwise

On balance, I consider that the benefit of protecting the individual’s privacy must be
given greater weight, particularly considering the sensitive nature of the information. I
therefore find that disclosure of the information would be contrary to the public interest
under section 11A(5) of the FOI Act. On this basis, I am satisfied that the personal
information is exempt and I refuse access under section 47F of the FOI Act.

Section 47E(d) of the FOI Act – Certain agency operations

Section 47E(d) of the FOI Act provides that information is conditionally exempt where its
disclosure could reasonably be expected to have a substantial adverse effect on the
proper and efficient conduct of agency operations. The disclosure of the vendor number
together with the design of the purchase order would enable a person to misrepresent
themselves to the Commonwealth and request payment for services that have not been
ordered or provided by them. This risk is made more likely by the release of this
information over an internet website and as a result could be reasonably expected.
Changes to business practices would be required to prevent fraudulent use of the
information and would have a substantial adverse effect on the agency’s financial
operations. Consequently, I find the information is conditionally exempt under section
47E(d) of the FOI Act.

Public interest test

I have considered whether, disclosure of the vendor numbers would be contrary to the
public interest. While disclosure would provide information to the public generally, I do
not consider that the vendor numbers will assist the scrutiny of government expenditure.
Whereas the risk of fraud, and the cost of amending processes to avoid fraud, is
contrary to the interests of the taxpayer. On balance, I consider that the public interest in

fraud avoidance and the minimisation of costs outweighs the interest in the provision of
the particular vendor numbers. Consequently, I have decided the vendor numbers are
exempt under 47E(d) of the FOI Act.

Edited copies of the documents have been released to you with exempt information
redacted pursuant to section 22 of FOI Act.

Your review rights

Information about how you can apply for a review of this decision or complain about how
we have dealt with this matter is set out in the attached fact sheet, FOI 2.

If you have any questions about this decision, 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
Terms of Agreement
Purchase Orders (X3)

Information about reviews and complaints under the
Freedom of Information Act
What should I do prior to applying for internal review or contacting the
Office of the Australian Information Commissioner?
Before you apply for an internal review or contact the Office of the Australian Information
Commissioner, we recommend that you telephone the officer who made the FOI
decision. It is often possible to resolve concerns or answer your questions using this
approach and, if not, the officer will be able to assist you in applying for review.
How do I apply for internal review to the AAT?
You can apply to us for an internal review of the FOI decision. The application for
internal review must be made within 30 days or such further period as we allow, after the
day the decision is notified to you. To apply for an internal review, you must do so in
writing. You may also wish to explain why you are not satisfied with the decision. A
different and more senior officer authorised under the Freedom of Information Act 1982
(the FOI Act) will conduct the internal review and make a new decision within 30 days
after receipt of your application.
If you have already applied for internal review and want to seek a further review of that
decision, you will need to apply to the Australian Information Commissioner.
How do I apply for review to the Australian Information Commissioner?
You may also apply directly to the Australian Information Commissioner for review of the
FOI decision. The application for review must be made within 60 days after the day
notice of the decision was given. An application for review must be in writing, include
details of how notices in relation to the review are to be sent to you and include a copy
of the decision. You may also wish to explain why you are not satisfied with the decision.
An online application form is available on the Office of the Australian Information
Commissioner’s website, details of which are provided below.
What if I want to make a complaint about the handling of a Freedom of
Information request?
If you have a complaint about the way in which we have processed your request for
access under the FOI Act you can ask the Australian Information Commissioner to
investigate. An online complaint form is available on the Office of the Australian
Information Commissioner’s website, details of which are provided below.
Where can I find further information or contact details for the Office of the
Australian Information Commissioner?
Further information is available on the Office of the Australian Information
Commissioner’s website at www.oaic.gov.au and you can contact the office on 1300 363
992 or by email at xxxxxxxxx@xxxx.xxx.xx..
FOI 2 (July 2016)