Our ref:
FOI21/030; CM21/1151
20 April 2021
FQ
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear FQ
Freedom of Information Request FOI21/030 – Decision letter
The purpose of this letter is to give you a decision about your request for access to documents under the
Freedom of Information Act 1982 (the FOI Act) which you submitted to the Attorney-General's Department
(the department).
Your request
On 19 February 2021, you requested access to:
a copy of any document that constitutes an authorisation for the above-mentioned tweet/political
advertisement to be published by way of AGD’s twitter account.
On 2 March 2021, the department acknowledged your request. The acknowledgement advised you that it is
the department’s practice that junior officers’ names would not be disclosed.
On 9 March 2021, you responded, stating that:
AGD’s standing policy of not releasing the names of certain AGD public servants is therefore il egal
and whomever authorised the implementation of that policy has contravened their obligations
under the Public Service Act…
…Accordingly, and noting paragraph 6.19 of the FOI Guidelines states that a public interest factor
favouring disclosure of a document is that the document wil ‘reveal or substantiate that an agency
or official has engaged in misconduct or negligent, improper or unlawful conduct’, I seek a copy of
any document that amounts to an authorisation or approval of AGD’s policy to not disclose the
names of junior public servants from documents the subject of FOI requests.
A decision in relation to your request is due on 20 April 2021.
My decision
I am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to freedom of
information requests made to the department.
I have identified one document that falls within the scope of your request. I did this by making inquiries of
staff likely to be able to identify relevant documents.
In making my decision regarding access to the relevant documents, I have taken the following material into
account:
• the terms of your request
• the content of the documents identified as within scope of your request
• the provisions of the FOI Act
• the views of an individual consulted by the department under section (27A)
• the Guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
(the Guidelines).
I have decided to provide partial access to this document.
Additional information
Your review rights under the FOI Act are set out at
Attachment A to this letter.
The schedule of documents at
Attachment B sets out brief information about the document within the
scope of your request and my decision in relation to access to this document.
The statement of reasons at
Attachment C sets out the reasons for my decision to refuse access to certain
material to which you have requested access.
The document to which I have decided to grant partial access under the FOI Act is at
Attachment D.
Questions about this decision
If you wish to discuss this decision, the FOI case officer for this matter is Euphrasia, who can be reached on
(02) 6141 6666 or by email to xxx@xx.xxx.xx.
Yours sincerely
Antony Catt
Director
Freedom of Information and Privacy Section
Attachments
Attachment A:
Review rights
Attachment B: Schedule of documents
Attachment C: Statement of reasons
Attachment D: Document
Freedom of Information request FOI21/030 – Decision letter Page 2 of 2