Our Ref: 2020/2778
Trav S
Right to Know
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Trav S
YOUR FREEDOM OF INFORMATION REQUEST FOI134
I refer to your email dated 3 August 2020 seeking access to documents under the
Freedom of
Information Act 1982 (the FOI Act). You requested the following documents:
PM&C requested from Archives a file titled:
“Review of Australian Honours and Awards - Response - proposed Humanitarian Overseas
Service Medal”.
The file was sent to PM&C on 25 October 2019.
We seek the documents/email/electronic requests with which PM&C requested the file’s
return from Archives.
SUMMARY OF DECISION
The search for documents falling within the scope of your FOI request was conducted by contacting the
relevant line areas within the National Archives of Australia (the National Archives).
In the search conducted, the National Archives found 4 documents (set out in the attached schedule) that
fall within scope of your request.
With regard to those documents, I have decided:
• Document 1 which comprises of the email exchanges: original request, responses to PM&C and
internal email exchanges, is released in part.
• Document 2 which is the section 30(2) exemption request from PM&C, is released in part.
• Document 3 which is the lending receipt, is released in part.
• Document 4 which is the tracking register for this item, is released in part.
REASONS FOR DECISION
Section 47F(1) – Public Interest conditional exemptions – personal privacy
Section 47F(1) states that ‘
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)’.
‘Personal information’ has the same meaning as defined in the
Privacy Act 1988. It states that personal
information is information or opinion of an identified individual, or an individual who is reasonably
identifiable.
To assess whether it is unreasonable or not to release personal information, the following is taken into
consideration:
• 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 accessibly sources
• any other matter the agency or Minister considers relevant.
I have determined that some of the documents contain personal information exempt under section
47F(1). This information comprises contact details and staff names that are generally not publicly
available.
Public Interest Test
Personal Privacy – s 47F
When a document is conditionally exempt, the public interest test must be considered. In favour of
promoting the objectives of the FOI Act I have released email addresses that are publicly available. The
disclosure of personal information I have exempted would not outweigh the risks of harm to the functions
of agencies that could reasonably be expected if the information was released.
RELEVANT MATERIALS
In reaching my decision I referred to the following:
• the terms of your request;
• the documents relevant to the request;
• the FOI Act; and
• Guidelines published by the Office of the Information Commissioner under section 93A of the FOI
Act (the FOI Guidelines).
CHARGES
Section 29 of the FOI Act authorises an agency or Minister to impose a charge for providing access to a
document.
In this case, it has been decided that charges will not be imposed.
DISCLOSURE LOG
The National Archives will update its Disclosure Log in accordance with is normal administrative practice.
If you have any queries about this notice, please contact me in writing vi
a xxx@xxx.xxx.xx.
Yours Sincerely,
Helen Athanasiadis
Manager, Integrity (Legal Policy and Compliance)
1 September 2020
ATTACHMENT A – SCHEDULE OF DOCUMENTS
Document
Date
Size
Description
Decision
Exemption/irrelevant
Comment
no.
1.
25 October
3 emails
Correspondence between PM&C and NAA
Partial
s 47F(1) – Personal
2019
requesting record.
Release
Privacy
2.
24 October
2 Pages
Section 30(2) exemption request from PM&C to
Partial
s 47F(1) – Personal
2019
access record.
Release
Privacy
3.
25 October
2 Pages
Record lending receipt to PM&C.
Partial
s 47F(1) – Personal
2019
Release
Privacy
4.
25 October
1 Page
Tracking register for record.
Partial
s 47F(1) – Personal
2019
Release
Privacy
ATTACHMENT B – RELEVANT LEGISLATION
Section 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.
ATTACHMENT C – REVIEW RIGHTS
Your rights to seek review of a decision made under the
Freedom of Information Act 1982
If you do not agree with this decision, you may choose to exercise your review rights in the following
ways:
• Request the National Archives of Australia to conduct an internal review of the decision. If you
disagree with the National Archives of Australia’s internal review decision, you may then apply to
the Office of the Australian Information Commissioner (OAIC) for a review of that decision; or
• Apply directly to the Office of the Australian Information Commissioner (OAIC) for a review of the
decision. However, we do encourage you to seek internal review as a first step as it may provide
a more rapid resolution for your concerns. If you are dissatisfied with the Information
Commissioner’s decision, you may apply to the Administrative Appeals Tribunal for a review of
the Commissioner’s decision.
INTERNAL REVIEW OF DECISION BY THE NATIONAL ARCHIVES OF AUSTRALIA (THE ARCHIVES)
Pursuant to section 54 of the FOI Act, you have the right to apply to the Archives for an internal review of
the decision. A different officer from the one who made the original decision will conduct the review. The
reviewer will make a fresh decision.
If the decision has been made by the Director-General of the Archives, you do not have the option to
request an internal review under the FOI Act. You will need to apply for a review of the decision by the
Information Commissioner (see below).
You do not have to complete a special form in order to request an internal review. However, your
application for an internal review must be made in writing, and lodged within 30 days after the day on
which you are notified of the decision. It is desirable (but not essential) that you outline the reasons why
you are dissatisfied with the decision in your application for internal review. There is no cost attached to
an application for internal review.
An application for internal review should be directed to:
FOI Coordination Officer
National Archives of Australia
PO Box 4924
Kingston ACT 2604
Email:
xxx@xxx.xxx.xx Fax: 02 6212 3699
REVIEW OF DECISION BY THE INFORMATION COMMISSIONER
The Information Commissioner is an independent office holder who is authorised to review decisions of
agencies and Ministers made under the FOI Act.
You do not have to request an internal review of a decision made under the FOI Act before making an
application for review to the Information Commissioner (but you may do so if you wish).
There is no cost associated with making an application for review by the Information Commissioner.
If you are requesting a review of a decision to refuse access to documents, to impose a charge or to
refuse to amend a document, you must make an application in writing, to the Information Commissioner,
within 60 days of being notified of the decision.
An application for review by the Information Commissioner can be lodged online, via email, post or in
person. An application for review by the Information Commissioner can be submitted by:
Post: Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Fax:
02 9284 9666
Email:
xxxxxxxxx@xxxx.xxx.xx
Your application should include a copy of the decision to which your application relates. You should also
set out the reasons why you disagree with the decision.
After reviewing a decision, the Information Commissioner must do one of the following:
• set the decision aside and substitute his own decision for that of the decision under review;
• affirm the decision, or
• vary the decision.
Further information about the Information Commissioner’s review is available at
www.oaic.gov.au.
REVIEW OF DECISION BY THE ADMINISTRATIVE APPEALS TRIBUNAL (AAT)
The AAT is an independent body authorised to review certain decisions on their merits and, where the
AAT decides it is appropriate, to substitute its own decision for that of the decision under review.
If you are not satisfied with the decision of the Information Commissioner, you are entitled to make an
application to the AAT for a review of that decision. An application for review must be in writing and
lodged within 28 days of being notified of the Commissioner’s decision. If you have good reason for not
meeting this timeframe, you can write to the AAT and request an extension of time in which to lodge your
application. Your request for an extension should set out the reasons why the application was not made
within the 28 day period.
An application fee may apply if you are requesting a review of a FOI decision as listed in section 22 of the
Administrative Appeals Tribunal Regulation 2015. Further information is available from the AAT’s
website
www.aat.gov.au. An application to the AAT for a review of the Information Commissioner’s decision can be made using an
online form available from the AAT’s websit
e http://www.aat.gov.au/applying-for-a-review or should be
directed to:
Administrative Appeals Tribunal
GPO Box 9955
(in your capital city)
FURTHER QUESTIONS
If you have any questions about your review rights, please contact FOI Coordination Officer at
xxx@xxx.xxx.xx.
Document Outline
