19 April 2021
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Eliza,
Request for access to documents under the Freedom of Information Act 1982
I refer to your revised
Freedom of Information Act 1982 (FOI Act) request received by the
eSafety Commissioner (eSafety) on 19 March 2021.
As you know, your request is for:
‘Any emails or correspondence from the E-Safety Commissioner or final documents
between the period of April 2018 to now that contain the following words or phrases:
"Thorn", "Spotlight".’
Third party consultation
A number of documents that fall within the scope of your request contain personal
information about third persons.
Pursuant to section 47F(1) of the FOI Act, a document is conditionally exempt if its
disclosure under this Act would involve the unreasonable disclosure of personal information
about any person.
A number of documents that fall within the scope of your request also contain information
about the business or professional affairs of third persons.
Pursuant to section 47G(1) of the FOI Act, a document is conditionally exempt in certain
circumstances where its disclosure would disclose information concerning a person in
respect of his or her business or professional affairs or concerning the business, commercial
or financial affairs of an organisation or undertaking. Under section 47G(1)(a), this applies
where the disclosure of the information would, or could reasonably be expected to,
unreasonably affect that person adversely in respect of his or her lawful business or
professional affairs or that organisation or undertaking in respect of its lawful business,
commercial or financial affairs.
The individuals whose personal information and/or information concerning their business or
professional affairs appears in these documents may reasonably wish to contend that the
information is exempt under sections 47F or 47G of the FOI Act. As such, in accordance with
sections 27 or 27A of the FOI Act, eSafety is required to give them a reasonable opportunity
to make submissions in relation to the application of the exemption.
I will therefore be writing to the relevant individuals in relation to the documents that contain
their personal information and/or information concerning their business or professional
affairs.
P: 3399287
1800 83
80 176
E: xxxxxxxxx@xxxxxxx.xxx.xx
esafety.gov.au
Timeframe for processing
To enable this third party consultation, the statutory time period for processing your request
has been extended by an additional 30 days in accordance with subsection 15(6) of the FOI
Act. You should therefore expect a decision regarding your request by 19 May 2021.
If you have any questions, please contact me.
Kind regards,
FOI Coordinator
eSafety Commissioner
E
: xxxxxxxxx@xxxxxxx.xxx.xx T: 1800 880 176
W: www.esafety.gov.au
P: 3399287
1800 83
80 176
E: xxxxxxxxx@xxxxxxx.xxx.xx
esafety.gov.au