19 April 2021
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Chris,
Request for access to documents under the Freedom of Information Act 1982
The purpose of this letter is to give you a decision about access to documents that you
requested under the
Freedom of Information Act 1982 (FOI Act) from the eSafety
Commissioner (eSafety) on 19 March 2021.
Summary
I, Toby Dagg, am an officer authorised under section 23(1) of the FOI Act to make decisions
in relation to freedom of information (FOI) requests.
You lodged the below FOI request with eSafety:
‘Any email correspondence or final documents from the commissioner with the
following keyword or phrases, "Clearview AI", "Clearview ai", "Clearview", during the
time range of 01 January 2018 to now’ (19 March 2021).
eSafety confirmed your reference to ‘email correspondence or final documents from the
commissioner’ to be email correspondence or final documents sent by the eSafety
Commissioner, Julie Inman Grant.
eSafety confirmed your request does not include news or media articles and other publicly
available information.
The 30-day statutory period for processing your request commenced from the day after
eSafety received your request. The time period therefore concludes on 18 April 2021, but as
this is a Sunday, the time period concludes on the next business day, Monday 19 April 2021.
We are providing you a response within the statutory timeframe.
eSafety took all reasonable steps to obtain these documents, including searching our
records systems and contacting relevant individuals and asking them to provide any
documents relating to the matter outlined in your request.
Material taken into account
I have taken the following material into account in making my decision on access:
• the FOI Act,
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (Guidelines), and
• the content of the document that falls within the scope of your request.
Decision on access
I have identified one document that falls within the scope of your request. I have released
the document in full.
P: 3399287
1800 83
80 176
E: xxxxxxxxx@xxxxxxx.xxx.xx
esafety.gov.au
Pursuant to section 22 of the FOI Act, I have redacted some information that is irrelevant to
the scope of your request. This includes the names of public servants, which I have
assumed you do not require.
Final assessment of charges
I have decided that you are not liable to pay a charge in respect of your request.
Your rights of review
If you are dissatisfied with my decision, you may apply for internal review or Information
Commissioner review of the decision. We encourage you to seek internal review as a first
step as it may provide a more rapid resolution of your concerns.
Under section 54 of the FOI Act, you may apply in writing to xxxxxxxxx@xxxxxxx.xxx.xx for
an internal review of my decision. The internal review application must be made within 30
days of the date of this letter. Where possible, please attach reasons why you believe review
of the decision is necessary. The internal review will be carried out within 30 days.
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner
to review my decision. An application for review by the Information Commissioner must be
made in writing within 60 days of the date of this letter, and be lodged in one of the following
ways:
online:
https://forms.business.gov.au/aba/oaic/foi-review-/
email: xxxxxxxxx@xxxx.xxx.xx
post: GPO Box 2999, Canberra ACT 2601
in person: Level 3, 175 Pitt Street, Sydney NSW
More information about Information Commissioner review is available on the Office of the
Australian Information Commissioner website. Go to
www.oaic.gov.au/freedom-of-
information/foi-reviews
Further information
If you have any questions about this decision, please contact me on 1800 880 176 or at
xxxxxxxxx@xxxxxxx.xxx.xx.
Yours sincerely,
Toby Dagg
Office of the eSafety Commissioner
Authorised decision maker pursuant to section 23(1) of the FOI Act
P: 3399287
1800 83
80 176
E: xxxxxxxxx@xxxxxxx.xxx.xx
esafety.gov.au