Phone: (02) 6207 1923
Reference: 21/09059
Andrew
By Email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Andrew
Freedom of Information 21/09059
I refer to your application made under section 30 of the
Freedom of Information Act 2016
(the Act) received by the Environment, Planning and Sustainable Development Directorate
(EPSDD) on 15 February 2021, in which you sought access to documents relating to the
Strata Reform Project.
Specifically, you are seeking:
1. From the formation of the Unit Titles Reform Consultative Group in 2019
•
Public consultation submissions (excluding personal identifying details of
individuals).
•
Records and reports of consultation with the industry and community consultative
group.
2. Reports containing overall recommendations of the reform project.
3. Any documents discussing “tenant rights of attendance at general meetings or election
of tenant representatives”, to the extent that this covers any documents not already
included in the other points.
I am an Information Officer appointed under section 18 of the Act to deal with access
applications made under Part 5 of the Act.
As an extension to the decision date was granted, EPSDD must make a decision on your
application on or by 9 April 2021. Your patience in this matter is appreciated.
Further Information on the Unit Title Reform Project
Issues relating to tenants rights in a units plan is on the list of issues to be considered in
stage two of the Unit Title Reform Project, for consideration by the Unit Title Reform
Consultative Group.
Information on stage one of the ACT Government’s unit title reforms, known as the
Managing Buildings Better reforms, is available here -
https://www.planning.act.gov.au/build-buy-renovate/reviews-and-reforms/managing-
buildings-better
If you have further questions or comments on unit title reforms, please contact the Housing
Strategy and Unit Title Reform team
– xxxxxxxxxxxx@xxx.xxx.xx
GPO Box 158 Canberra ACT 2601 | phone: 02 6207 1923 | www.environment.act.gov.au
Information on residential tenancies reforms, including tenant’s rights and responsibilities,
is available here
- https://justice.act.gov.au/renting-and-occupancy-laws/reforms-tenancy-
and-occupancy-laws
Searches Conducted
Comprehensive searches were conducted and 24 documents within the scope of your
application were identified.
Decision on Access
I have included as
Attachment A to this decision the schedule of relevant documents. The
schedule provides a description of each document that fal s within the scope of your
application and the access decision for each of those documents.
I have decided to grant full access to five documents relevant to your application.
I have decided to grant partial access to five documents and, in accordance with section 50
of the Act, provide you with copies of documents with deletions applied to contrary to the
public interest information.
I have refused access to 14 documents. These documents are refused as they consist of
information taken to be contrary to the public interest as described in Schedule 1 of the Act.
My access decisions are detailed further in the fol owing statement of reasons and the
documents released to you are provided as
Attachment B to this letter.
Material Considered
In reaching my access decision, I have taken the fol owing into account:
• the FOI Act, particularly sections 6, 17, 45, 50, schedules 1 and 2 of the Act
• the content of the documents that fal within the scope of your request
• the
Information Privacy Act 2014 • the
Human Rights Act 2004 • information publicly available
Public Interest Considerations My reasons for deciding not to grant access to certain documents and components of these
documents are as follows:
Information Disclosure – Contrary to the Public Interest under Schedule 1 of the Act
Cabinet Information
Access to some information is refused under Schedule 1.6(1)(a) as information submitted to
Cabinet for its consideration, or brought into existence for this purpose, and is taken to be
contrary to the public interest.
To provide you with the information that I have determined to be in the public interest to
release, copies of some documents have been prepared with personal information redacted
in accordance with section 50 and the Objects of the Act.
This information does not identify corruption or the commission of an offence by a public
official or that the scope of a law enforcement investigation has exceeded the limits
imposed by law.
Information Disclosure – Schedule 2 of the Act
The Act recognises the right of every person to obtain access, under its provisions, to
government information (see section 7, the Act). As an Information Officer, I am required to
al ow access to information subject to the Act, unless, on balance, disclosure would be
contrary to the public interest.
In assessing the public interest, I must apply the test outlined under section 17 of the Act
which requires consideration of factors favouring disclosure, any favouring nondisclosure
and the balance of those factors when considered cumulatively.
Factors Favouring Disclosure
In applying the public interest test, I have determined that disclosure of the information
could reasonably be expected to do the fol owing:
• Schedule 2.1(a)(i) – promote open discussion of public affairs and enhance the
government’s accountability
• Schedule 2.1(a)(ii) – contribute to positive and informed debate on important issues
or matters of public interest
• Schedule 2.1(a)(viii) – reveal the reason for a government decision and any
background or contextual information that informed the decision.
Factors favouring Nondisclosure
In applying the public interest test, I have determined that disclosure of the information
could reasonably be expected to do the fol owing:
• Schedule 2.2(a)(ii) – prejudice the protection of an individual’s right to privacy or any
other right under the
Human Rights Act 2004.
Personal Information
Documents relevant to your application contain personal information of individuals
representing an organisation. I have considered how the public interest would be advanced
by releasing this information in part or in whole. It is my view that the information if
disclosed, could reasonably be expected to prejudice the protection of an individual’s right
to privacy under section 12 of the
Human Rights Act 2004. On balance, and the information
available to me, I am satisfied that the disclosure of this personal information is not in the
public interest.
To provide you with the information that I have determined to be in the public interest to
release, copies of some documents have been prepared with personal information redacted
in accordance with section 50 and the Objects of the Act.
Charges
No charges are applicable to this application as the number of pages released has not met
the minimum threshold.
Online Publication
Under section 28 of the Act, EPSDD maintains an online record of access applications cal ed
a disclosure log. Your original access application, this decision and documents released wil
be published in the EPSDD disclosure log no earlier than three days after you receive this
decision. Your personal contact details wil not be published.
You may view the EPSDD disclosure log at
https://www.environment.act.gov.au/about/access-government-information/disclosure-log
Ombudsman Review
My decision on your access request is a reviewable decision as identified in Schedule 3 of
the Act. You have the right to seek Ombudsman review of this outcome under section 73 of
the Act within 20 working days from the day that my decision is published in the disclosure
log, or a longer period al owed by the Ombudsman. For more information and the
application form for Ombudsman review, please visit:
https://www.ombudsman.act.gov.au/__data/assets/pdf_file/0026/79190/Apply-for-
Ombudsman-review.pdf
Alternatively, you may write to the Ombudsman at:
The ACT Ombudsman
GPO Box 442
CANBERRA ACT 2601
Via email:
xxxxxx@xxxxxxxxx.xxx.xx
ACT Civil and Administrative Tribunal (ACAT) Review Under section 84 of the Act, if a decision is made under section 82(1) on an Ombudsman
review, you may apply to the ACAT for review of the Ombudsman decision.
Further information may be obtained from the ACAT at:
ACT Civil and Administrative Tribunal
Level 4, 1 Moore St
GPO Box 370
CANBERRA CITY ACT 2601
Telephone: (02) 6207 1740
http://www.acat.act.gov.au/
Further Information If you have any queries concerning the Directorate’s processing of your request, or would
like further information, please contact EPSDD Customer Service on (02) 6207 1923 and ask
for the FOI team, or email to
xxxxxxx@xxx.xxx.xx. Yours sincerely
Signed Electronically
Bethel Sendaba
Information Officer
Executive Branch Manager, Planning and Urban Policy
Environment, Planning and Sustainable Development Directorate
9 April 2021