Mr Joseph Semmens
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Semmens
Freedom of Information Request - Reference 21-032
I refer to your application for access to government information received by Justice
and Community Services on 18 March 2021. As previously advised, your access
application was transferred to Transport Canberra and City Services (TCCS) on 24
March 2021, as the ACT Government Directorate likely to hold the type of
government information that you are seeking access to. It is my understanding that
you are seeking to access the following government information under the
Freedom
of Information Act 2016 FOI Act):
“any document that confirms that the tolerance on mobile speed cameras operating
in the ACT is 8km/h for speed zones 90km/h or less, and 11km/h for 100km/h speed
zones.”
I am an Information Officer appointed by the Director-General under section 18 of
the Act to deal with access applications made under Part 5 of the FOI Act.
A decision on access to government information is due to you on 23 April 2021.
Decision on access
A search of records held by TCCS has been completed to identify any document that
confirms that the tolerance on mobile speed cameras operating in the ACT. This
search identified one record as relevant to your request.
In accordance with section 17 of the Act, I have decided that the information in this
record is contrary to the public interest to disclose. Pursuant to section 35(1)(c), I
have decided to refuse access to this government information. My decision is
detailed further in the fol owing statement of reasons.
xxxx.xxx@xxx.xxx.xx | phone: (02) 620 72987 | www.act.gov.au
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Statement of Reasons
In making my decision on disclosing government information, I must fol ow the
process detailed in section 17 of the Act.
The information within the record is information which, if disclosed, is likely to
prejudice the effectiveness of a lawful method or procedure for preventing a possible
contravention of the law. Further to this, I have considered the use of speed
restrictions as a method of reducing risks to people’s lives and physical safety and
find that the disclosure of the information in this document is likely to prejudice the
effectiveness of speed restrictions.
I have found that the information in scope of this application is consistent with
schedule 1.14 of the FOI Act, and is law enforcement and public safety information. I
have found that subsections 1.14(c) and 1.4(f) are applicable and the disclosure of
the information is contrary to the public interest.
Charges
No fee is applicable to your application as no information is being disclosed.
Disclosure Log
In accordance with section 28 of the Act, TCCS maintains an online record of access
applications called a disclosure log, which is accessible at
https://www.cityservices.act.gov.au/about-us/freedom_of_information/disclosure-
log.
Your access application, this notice of decision and records released to you will be
published on the disclosure log within 3 – 10 business days. As you have made your
application through the Right to Know website, I am aware that your name in
connection with this access application is already public information. As such, your
name wil be published to be consistent with that hosted on the Right to Know
webpage.
Ombudsman review
My decision on your access application is a reviewable decision as identified in
Schedule 3 of the Act. You have the right to seek an Ombudsman review my decision
under section 73 of the Act within 20 working days from the day that my decision is
made or a longer period if allowed by the Ombudsman.
If you wish to request a review of my decision, 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.
xxxx.xxx@xxx.xxx.xx | phone: (02) 620 72987 | www.act.gov.au
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Further information may be obtained from ACAT at:
ACT Civil and Administrative Tribunal
Level 4, 1 Moore Street
GPO Box 370
CANBERRA CITY ACT 2601
Telephone: (02) 6207 1740
www.acat.act.gov.au
If you have any queries about the directorate’s processing of your request, or would
like further information, please contact the TCCS FOI team on (02) 6207 2987 or
e
mail xxxx.xxx@xxx.xxx.xx.
Yours sincerely
Cherie Hughes
Information Officer
21 April 2021
xxxx.xxx@xxx.xxx.xx | phone: (02) 620 72987 | www.act.gov.au
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