27 September 2020
Sun Shine
Sent via email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Sun Shine
Decision under the Freedom of Information Act 1982 – 28 August 2020 request for documents
I refer to your 28 August 2020 request made under the
Freedom of Information Act 1982 (the FOI Act). Your
request was transferred to ARPANSA from the Department of Health. The terms of your request were:
"
I seek access under the Freedom of Information Act 1982 to information regarding
communications between the Health Minister's office and the CEO of the Australian Radiation
Protection and Nuclear Safety Agency (ARPANSA) having to do with ARPANSA's responsibilities
under the Memorandum of Understanding (MOU) between the University of Melbourne and
ARPANSA. The MOU was an agreement that involved ARPANSA funding (nearly $1 million) for
a project at the university, transfer of radioactive waste from the university to ARPANSA, and
indefinite storage of drums of the radioactive waste at ARPANSA's building in Yallambie.
This request is for any correspondence from the CEO ARPANSA that informed the Minister or
delegates about the MOU or its aspects, or correspondence to the CEO of ARPANSA regarding
the same, including the funds transfer and the radioactive waste storage. This request is for
documents created since July 2017 that provide information from/to the CEO of ARPANSA
to/from the Minister's office regarding any aspect of this MOU. Documents include emails,
letters or reports (such as special, quarterly, annual or reports that fulfil requirements for
Senate orders for non procurement contracts or AusTenders)."
ARPANSA acknowledged receipt of your FOI request on 31 August 2020.
Thereafter you promptly provided the following clarifying remarks:
"It's my desire to define the request narrowly in order to save you time. My request is for
existing emails, letters or reports from the CEO ARPANSA to anyone in the Health Minister's
office, or from anyone in the Health Minister's office to the CEO ARPANSA, that describe any
aspect relating to the MOU. Only documents from July 2017 to the present are of interest.
619 Lower Plenty Road, Yal ambie VIC 3085
38–40 Urunga Parade, Miranda NSW 2228
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
PO Box 655, Miranda NSW 1490
arpansa.gov.au
+61 2 9541 8333
I encourage use of search tools within your electronic recordkeeping system to save time.
Searching terms such as "joint funding", "University of Melbourne", "Memorandum of
Understanding", "radium", etc. may be useful. For emails, please limit your search to the CEO's
email address and "health.gov.au" email domain in the to, from or cc fields.
Aspects of my request include:
- jointly funding the project
- demolishing building 164 at the University
- remediating the university site
- removing, transporting or storing radium waste
- responding to FoI requests re the MOU"
Decision
I am an officer authorised under section 23 of the FOI Act to make decisions with respect to applications for
access to documents under the FOI Act.
My decision is to refuse access under section 24A(1) of the FOI Act.
Section 24A(1) of the FOI Act provides:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
(ii) does not exist.
My reasons for making this decision are set out below:
1. In relation to the specific subject matter as described in your FOI request I have consulted with
the CEO of ARPANSA and ARPANSA Senior Scientists, Communications Officers and Digital
Technology Services Officers.
2. Reasonable steps were taken to try and find the requested document, including:
a. A search of the subject matter as described in your FOI request was made of ARPANSA
information records management system for the period specified in your FOI request.
Your suggested search terms were also considered.
b. A search of the subject matter as described in your FOI request was made of the CEO’s
email outlook records for the period specified in your FOI request.
3. Steps taken had regard to:
a. the subject matter of the documents as described in your 28 August 2020 request and
subsequent clarifying remarks,
2 of 3
b. the current and past file management systems and the practice of destruction or
removal of documents,
c. the ARPANSA record management system,
d. the age of the documents, and
e. the individual ARPANSA Officers who were consulted and were able to assist with the
location of any documents, included the CEO of ARPANSA and ARPANSA Senior
Scientists, Communications Officers and Digital Technology Services Officers.
4. The meaning of ‘reasonable’ in the context of s 24A(1)(a) has been taken to mean not going
beyond the limit assigned by reason, not extravagant or excessive, moderate and of such an
amount, size or number as is judged to be appropriate or suitable to the circumstances or
purpose.
5. Individual ARPANSA Officers involved in the search have instructed me that ARPANSA, at this
point in time, does not have a document specifical y relating to the terms of your request. This
fact is consistent with the finding of no relevant documents about the subject matter as
described in your FOI request, for the period specified in your FOI request.
6. The search taking al reasonable steps has found that ARPANSA does not possess a document
relevant to the subject matter of your request.
7. If ARPANSA does not possess a document then obviously it cannot give access to that
document.
8. Following a search by officers taking all reasonable steps, relevant to your request, I am
satisfied that a document does not exist and that, as a matter of fact, Section 24A(1)(b)(ii)
applies.
Please note the search did not include publical y accessible information on the subject matter of annual and
quarterly reports of the Chief Executive Officer of ARPANSA. See ARPANSA website at:
https://www.arpansa.gov.au/about-us/corporate-publications/quarterly-reports.
Review Rights
You are entitled to seek review of this decision. Your rights in this regard are set out at Attachment A to this
letter.
You may also complain to the Commonwealth Ombudsman about the way your request has been handled
and Attachment A also sets out your rights of complaint and how to exercise them.
Contacts
If you require clarification of any of the matters set out in this letter please contact John Templeton on 02
9541 8311 or xxx@xxxxxxx.xxx.xx.
Yours sincerely
John Templeton
John Templeton
Privacy and FOI Officer
Office of the General Counsel
3 of 3
ATTACHMENT A
Internal Review of Decision by ARPANSA
You have the right to apply for an internal review of this decision in accordance with Part VI of the
Freedom
of Information Act 1982 (FOI Act). If you make an application for review, the CEO of ARPANSA will appoint
an officer of ARPANSA to conduct a review and make a completely fresh decision on the merits of the case.
If you wish to exercise this review right, you must apply in writing for a review of the decision within 30
days of receipt of this letter. You do not have to pay any fees or proceeding charges for internal the review.
No particular form is required to apply for review although it is desirable to set out in the application the
grounds on which you consider that the decision should be changed.
The application for review of the decision should be sent to xxx@xxxxxxx.xxx.xx or:
FOI & Privacy Officer
ARPANSA
619 Lower Plenty Road
YALLAMBIE VIC 3085
If you make an application for internal review and a decision is not made by us within 30 days of receiving
the application, the original decision will be deemed to be affirmed in accordance with section 54D of the
FOI Act and you will be entitled to make an application to the Information Commissioner in accordance
with sections 54L and 54M of the FOI Act. Similarly, if you are dissatisfied with ARPANSA’s decision on
internal review, you may also apply for review of this decision to the Information Commissioner.
Review of Decision by the Australian Information Commissioner (AIC)
You do not have to seek an internal review of the decision directly from ARPANSA. You may wish to seek a
review of the decision from the AIC. If so, you must apply in writing and you can lodge your application in a
number of ways. More information is available on the AIC’s website at: https://www.oaic.gov.au/freedom-
of-information/foi-review-process.
Complaints to the AIC or the Commonwealth Ombudsman
You may complain to the Commonwealth Ombudsman or the AIC concerning action taken by an agency in
the exercise of the powers or the performance of functions under the FOI Act. There is no fee for making a
complaint. The Ombudsman or the AIC wil conduct a completely independent investigation of your
complaint.
You may complain to the Ombudsman either oral y, in person, on-line or in writing and to the AIC in writing
or by completing the on-line form. Relevant addresses are:
Commonwealth Ombudsman
The Australian Information Commissioner
GPO Box 442
GPO Box 2999
OR GPO Box 5218
CANBERRA ACT 2601.
Canberra ACT 2601 Sydney NSW 2001
Web: www.ombudsman.gov.au
Web:
https://www.oaic.gov.au/freedom-of-
information/foi-complaints
619 Lower Plenty Road, Yal ambie VIC 3085
38–40 Urunga Parade, Miranda NSW 2228
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
PO Box 655, Miranda NSW 1490
arpansa.gov.au
+61 2 9541 8333
