T Wilson-Brown
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear T Wilson-Brown
Decision notice on your access application
I refer to your access application made under the Freedom of Information Act 2016 (FOI
Act), dated 8 December 2020. This application requested access to:
“documents held by the Commission, including correspondence, relating to:
the definition of a "surplus" in the Electoral Act 1992 for the 2020 election,
the decision of the ACT Electoral Commission to treat the definition of a "surplus" in
the Electoral Act 1992 as a legislative drafting error for the 2020 election (as
described in the eVACS counting module audit report), and
the decision of the ACT Electoral Commission to make the 2020 version of eVACS
count votes by transferring any surplus calculated, including fractional surpluses (as
described in the eVACS counting module audit report).”
Authority
I am an officer authorised by the ACT Electoral Commissioner to make decisions about
access to public sector information, in accordance with section 18 of the FOI Act.
Decision
I have identified six documents containing information within the scope of your access
application. These are outlined in the attached Schedule of documents.
I have decided to:
grant part access to two documents; and
refuse access to four documents.
For the reasons outlined in the attached Reasons for decision, I have redacted some of
the information within the two part-access documents and have refused access to the
four other documents under section 35(1)(c) of the FOI Act. This is because it is contrary
to the public interest information.
Disclosure of information
The released documents are attached.
— 2 —
Disclosure log
Please note that section 28 of the FOI Act requires publication of access applications and
any information subsequently released on our disclosure log
www.elections.act.gov.au/about_us/freedom_of_information
This means that if access to the information is granted, it wil also be made available to
everyone on our website, unless the access application is an application for your personal,
business, commercial, financial or professional information.
Review rights
You may apply to the ACT Ombudsman to review my decision under section 73 of the FOI
Act. An application for review must be made within 20 days of receipt of this decision
notice.
You may submit a request for review of my decision to the ACT Ombudsman by writing in
one of the fol owing ways:
Email (preferred):
xxxxxx@xxxxxxxxx.xxx.xx
Post: The ACT Ombudsman GPO Box 442 CANBERRA ACT 2601
More information about ACT Ombudsman review is available on the ACT Ombudsman
website at:
www.ombudsman.act.gov.au/improving-the-act/freedom-of-information
Yours sincerely
Ro Spence
Deputy Electoral Commissioner
18 December 2020
Document Outline
