This is an HTML version of an attachment to the Freedom of Information request 'Senator Rex Patrick and Information Commissioner review timeframes'.

Pages 1 to 66 refused in ful  – s 47E(d) (certain operations of agencies) 
Pages 67 to 184 refused in ful  – s 42 (legal professional privilege) 
Pages 185 to 186 refused in ful  – s 47E(d) (certain operations of agencies) 
Pages 187 to 191 refused in ful  – s 42 (legal professional privilege) 
Page 192 refused in ful  – s 47E(d) (certain operations of agencies) 
Pages 194 to 213 refused in ful  – s 42 (legal professional privilege) 

FOIREQ21/00067   214
8AM Parliament House/  Call 
 on her mobile 
Wed 28/04/2021 8:00 AM
Wed 28/04/2021 9:00 AM
Meeting Status:
Required Attendees:

FOIREQ21/00067   215
Elizabeth Hampton
Fwd: Request for a meeting [SEC=OFFICIAL]
Wednesday, 21 April 2021 1:51:04 PM
Hi - will you pls put this in my calendar? I’ll get back to you with plans for Tuesday - ta
Get Outlook for iOS
Sent: Wednesday, April 21, 2021 12:49:03 PM
Subject: RE: Request for a meeting [SEC=OFFICIAL]
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognise the sender and know the content is safe.
Thank you 
8am is perfect.
Our suite number at Parliament House is 
If you need to be signed into Parliament House you will need to enter either via Point One Basement
Entrance or via the Senate Entrance …. The main front doors of Parliament House do not open to the
public until 9am.
Please call 
 on the suite phone number 
 and he can meet you at either
entrance and sign you in if needed.  He will then need to escort you whilst in the building for security
 will also be attending the meeting.
Executive Assistant/Diary Manager
Office of Rex Patrick | Senator for South Australia
Sent: Wednesday, 21 April 2021 12:12 PM

Pages 218 to 222 refused in ful  – s 47E(d) (certain operations of agencies 
Pages 223 to 232 refused in ful  – s 42 (legal professional privilege) 

FOIREQ21/00067   233
Angelene Falk
Media OAIC; 
RE: Mandarin story on Senator Patrick FOI - Attention last paragraph [SEC=OFFICIAL]
Monday, 26 April 2021 6:13:00 PM
Noted thanks. The discussions are not with me, but are with my office.
Sent: Monday, 26 April 2021 5:56 PM
To: Angelene Falk 
Cc: Media OAIC <>; 
Subject: Mandarin story on Senator Patrick FOI - Attention last paragraph [SEC=OFFICIAL]
Good evening
The last paragraph says discussions are taking place.
Rex Patrick threatens to take information commissioner to court over FOI
Independent senator Rex Patrick has threatened to take information commissioner
Angelene Falk to court over “signifcant delays” in Freedom of Information (FOI) reviews.
Over the weekend Patrick said he hoped Federal Court action would force the Ofce of the
Ausralian Information Commissioner to deal with what he has described as a “train

FOIREQ21/00067   234
smash” within the Ausralian FOI review regime.
“I have a number of FOI matters before the information commissioner due to bad decision
making at the departmental Level. Four of them have been with the information
commissioner for more than a year and another three for more than two years,” he said in a
“To expedite my matters, which are all related to my role as a senator, I have written to the
information commissioner foreshadowing the initiation of Federal Court Proceedings. It is
my hope that whatever remedy I am able to achieve will beneft all who utilise the services
of the information commissioner.”
The senator — who las year launched proceedings in the Adminisrative Appeals Tribunal
after his FOI requess relating to national cabinet meetings were denied — noted that at
leas 300 applicants have waited more than a year for decisions to be made in relation to
FOI reviews. As at las October, 55 journalis FOIs had been outsanding for more than one
year, and 31 more than two years.
An OAIC spokesperson told The Mandarin that while the agency has “signifcantly
increased” the number of information commissioner reviews it fnalises each year, to more
than 80%, improvements to review processes “are not able to keep pace with the
continuing rise in the number of applications”.
The number of review applications lodged each year increased by almos 109% between
2015-16 and 2019-20. Meanwhile, the number fnalised each year only increased by 83%.
“Las year, we fnalised 72% of IC reviews (829) within 12 months,” the spokesperson
“In the frs 8 months of 2020-21 (to 1 March 2021) we received 803 IC review
applications, a 25% increase on the same period in 2019-20. During this period, the
average time to complete an IC review was 8.2 months.”
Citizens can ask the information commissioner to review decisions that have been made in
regard to FOI requests. While the FOI Act does require the commissioner to make
decisions as a result of those reviews, it does not mandate a time frame for those decisions,

FOIREQ21/00067   235
Patrick noted.
The agency spokesperson told The Mandarin that the portfolio budget satement for the
OAIC sets a target of 80% of information commissioner reviews to be fnalised within 12
Patrick has argued that by the time Falk grants people access to information, the
opportunity to engage in policy discussion and debate has passed.
“The late release of information does not allow people to participate in democracy, it only
provides a means to write the hisory. That’s not how it’s supposed to be,” he said.
He noted that individuals can go through the Federal Court where decisions have been
delayed for an unreasonable amount of time.
The OAIC spokesperson said the agency seeks to resolve all review applications “as
efciently and efectively as possible”. However, the review process is often “complex”,
due to many documents subject to review being sensitive, and many matters involving
consideration of multiple exemptions and large volumes of material, they said.
“There are often afected third parties whose interess and rights need to be considered,”
they added.
Patrick has accused the government of “encouraging opaqueness and obfuscation” and
under-funding the OAIC.
“Ofcials who have sensed the government’s goal are making reckless FOI decisions that
deny access to information, often across the board. They are setting aside their fduciary
duty to the public in preference to pleasing their miniser,” the senator said.
“Whils court proceedings will force resolution of my own matters, the government has to
address the signifcant under resourcing of the Ofce of the Ausralian Information
Commissioner, otherwise others may also have to adopt this approach.”
Patrick is currently in discussions with Falk.