Our ref: 69683
Cole Big
Right to Know
By email
: foi+request-7849-
xxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Cole,
Freedom of Information Act 1982 – Notice of Decision
I refer to your correspondence, received by the Department of Industry, Science, Energy and Resources
(
the department) on 9 Septmeber 2021 for access under the
Freedom of Information Act 1982 (
FOI Act)
as follows:
Please provide the following statistics about your website, broken down by financial years 2019-20
and 2020-21.
1) The total number of all visits to your website.
2) The number of site visits to your:
a) FOI webpage
b) FOI disclosure log webpage
c) Information Publication Scheme (IPS) entry webpage
d) IPS agency plan webpage
e) privacy webpage
If you are unable to produce a document to respond to this request under the FOI Act, please consider
providing a response using administrative access arrangements instead.
Decision
I am an authorised decision maker under section 23 of the FOI Act.
On the outset, I have decided not to impose any charges for the processing of your request.
I am satisfied that all reasonable searches have been undertaken for documents relevant to your
request.
Section 17 of the FOI Act provides that in instances where it appears from the request that the applicant
is seeking information that is not available in discrete form in written documents of the agency, and the
agency could produce a written document containing the information in discrete form by the use of a
computer or other equipment ordinarily available to the agency, the agency shall deal with the request
as if it were a request of access to a written document so produced and containing that information.
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Industry House – 10 Binara Street, Canberra City, ACT 2601
GPO Box 2013 Canberra ACT 2601 ABN:74 599 608 295
An agency is not, however, required to produce such a document if it would substantially and
unreasonably divert the resources of the agency from its other operations.
In this instance, the information you have sought is not available in discrete form in written documents
held by the department. However, the department was able to produce a written document containing
the requested information in discrete form by the use of a computer or other equipment available to
the department. The department has therefore, in this particular instance, created one document under
section 17 of the FOI Act that is relevant to your request. This document is described in the Schedule of
Documents at
Attachment A.
I have decided to grant access to one document in full.
The reasons for my decision are set out below, as required by section 26 of the FOI Act, in Part A of the
Annexure.
Yours sincerely
Virginia Cook
Virginia Cook
General Manager
Communications
30/09/21
Enclosures
Annexure (Part A – Statement of Reasons and Part B – Review Rights)
Attachment A – Schedule of Documents
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Industry House – 10 Binara Street, Canberra City, ACT 2601
GPO Box 2013 Canberra ACT 2601 ABN:74 599 608 295
Annexure
Part A – Reasons for Decision (section 26 FOI Act)
Request: Cole Big – 9 September 2021 (LEX 69683)
Decision Maker: Virgina Cook, General Manager, Communications
1. Evidence/Material on which my findings were based
1.1
In reaching my decision, I relied on the following information and documentary evidence:
the FOI Act;
the contents of the documents described in Attachment A;
your correspondence setting out the particulars of your request;
consultation with departmental officers as to the nature of the documents;
consultation with affected third parties as to the nature of the documents;
consultation with the department of Prime Minister and Cabinet (
PM&C) as to the nature of the
documents; and
the Guidelines issued by the Office of the Australian Information Commissioner under section
93A of the FOI Act (
FOI Guidelines).
2. Section 17 – Requests involving use of computers etc.
2.1
Section 17 of the FOI Act permits an agency to create a document where the information
requested is not available in discrete form in written documents held by the agency.
17 (1) Where:
(a) a request (including a request in relation to which a practical refusal reason
exists) is made in accordance with the requirements of subsection 15(2) to an
agency;
(b) it appears from the request that the desire of the applicant is for information that
is not available in discrete form in written documents of the agency; and
(ba) it does not appear from the request that the applicant wishes to be provided
with a computer tape or computer disk on which the information is recorded;
and
(c) the agency could produce a written document containing the information in
discrete form by:
(i)
the use of a computer or other equipment that is ordinarily available to
the agency for retrieving or collating stored information; or
(ii)
the making of a transcript from a sound recording held in the agency;
the agency shall deal with the request as if it were a request for access to a written
document so produced and containing that information and, for that purpose, this Act
applies as if the agency had such a document in its possession.
(2) An agency is not required to comply with subsection (1) if compliance would
substantially and unreasonably divert the resources of the agency from its other operations.
2.2
Accordingly, the department was able to produce a written document containing the requested
information in discrete form by the use of a computer or other equipment available to the
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Industry House – 10 Binara Street, Canberra City, ACT 2601
GPO Box 2013 Canberra ACT 2601 ABN:74 599 608 295
department. The department has therefore, in this particular instance, created one document
under section 17 of the FOI Act that is relevant to your request and will be released to you in full.
3. Publication
3.1
Section 11C of the FOI Act requires agencies to publish documents released through an FOI
request on our website within 10 days of release, except in certain circumstances including
when the documents contain personal or business information that would be unreasonable to
publish.
3.2
The documents being released to you do not contain any personal or business information that
would be unreasonable to publish. As a result, they will be published on our disclosure log
within 10 days of the documents being released to you.
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Industry House – 10 Binara Street, Canberra City, ACT 2601
GPO Box 2013 Canberra ACT 2601 ABN:74 599 608 295
Part B – Review Rights
Application for Internal Review
Section 54 of the FOI Act gives you the option to apply for a departmental internal review of my
decision. If you make an application for internal review it will be conducted by an officer of the
department (other than me) appointed by the Secretary of the department to conduct a review and
make a completely fresh decision on the merits of the case.
Application for a review of the decision must be made within 30 days after the day of receipt of this
letter, or within 15 days of receipt of the documents to which this decision relates (whichever is the
longer period). You do not have to pay any fees or processing charges for an internal review, except for
charges relating to the provision of any additional relevant material located as a result of the review
(for example photocopying). While a specific form is not required, it would assist the decision maker if
your application specifies the grounds on which you consider the decision should be reviewed.
Application for a review of a decision should be addressed to:
FOI Coordinator
Department of Industry, Science, Energy and Resources
GPO Box 2013
CANBERRA ACT 2601
or by e-mail to: xxx@xxxxxxxx.xxx.xx.
Review by the Australian Information Commissioner
If any decision on internal review were not satisfactory to you, section 54L of the FOI Act gives you the
right to apply for review of my decision by the Information Commissioner.
An application for review by the Information Commissioner may be made regardless of whether the
decision was the subject of a departmental internal review. An application for review by the
Information Commissioner must be made within 60 days of receipt of this notice. There is no fee for
review by the Information Commissioner.
You must apply in writing and you can lodge your application in one of the following ways:
Online: www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Fax: +61 2 9284 9666
Email: xxxxxxxxx@xxxx.xxx.xx
An application form is available on the website at www.oaic.gov.au. Your application should include a
copy of this notice and your contact details. You should also set out why you are objecting to the
decision.
Complaints to the Australian Information Commissioner
You may complain to the Australian Information Commissioner concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act. There is no fee for
making a complaint. The Australian Information Commissioner will make a completely independent
investigation of your complaint. A complaint to the Australian Information Commissioner must be
made in writing and can be lodged online using the Information Commissioner Complaint Application
form on the Australian Information Commissioner’s website at www.oaic.gov.au.
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Industry House – 10 Binara Street, Canberra City, ACT 2601
GPO Box 2013 Canberra ACT 2601 ABN:74 599 608 295
Request for Access under the Freedom of Information Act 1982 (Cth)
Department of Industry, Science, Energy and Resources
FOI Applicant: Cole Big
SCHEDULE OF DOCUMENTS
Doc
Description of document
Decision
Reasons
No
1. FOI Statistics
Full release
s 17 – Requests involving the use of computers
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Industry House – 10 Binara Street, Canberra City, ACT 2601
GPO Box 2013 Canberra ACT 2601 ABN:74 599 608 295
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Industry House – 10 Binara Street, Canberra City, ACT 2601
GPO Box 2013 Canberra ACT 2601 ABN:74 599 608 295
