OFFICIAL
PO Box 457
CANBERRA ACT 2601
dta.gov.au
Our ref: 228/2021
Email: Concerned Citize
n xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Freedom of Information Request Decision
Dear Concern Citizen
The Digital Transformation Agency (DTA) refers to your Freedom of Information request (FOI request)
received on 9 October 2021 in which you sought access to documents under the provisions of the
Freedom of Information Act 1982 (FOI Act).
The documents you requested:
‘any reports or documents prepared by Boston Consulting Group (BCG) about the Google/Apple
Exposure Notification system (GAEN, EN, or ENF) including reports comparing the effectiveness of
Exposure Notification to the Bluetooth used in the COVIDSafe app.’
The DTA has identified 11 documents in relation to the scope of your FOI request. I examined the
documents and have decided to exempt these documents in ful under sections 22 and 47G of the FOI
Act as:
• The documents contain information which is irrelevant to the scope
• The information is subjected to a confidential agreement
• The objections received by the third party
Section 26 of the FOI Act requires the DTA to provide a statement of reasons in support of a
decision. In depth reasons for this decision is set out in
Attachment A.
The FOI Act also provides a number of avenues for review set out in
Attachment B if you are
dissatisfied with any aspect of this decision.
If you have any questions or require further information, please contact the FOI Officer on
02 6120 8595 or via email at xxx@xxx.xxx.xx.
Yours sincerely
Anthony Warnock
Authorised Decision Maker
Digital Transformation Agency (DTA)
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ATTACHMENT A -
STATEMENT OF REASONS
Decision
I, Anthony Warnock, am an officer authorised to make decisions under subsection 23(1) of the
Freedom of Information Act 1982 (FOI Act)
I have examined the document subject to this request and have decided to exempt it from release.
Reasons for decision
Section 22 - Access to edited copies with exempt or irrelevant matter deleted
Scope
(1) This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(ii) that to give access to a document would disclose information that would
reasonably be regarded as irrelevant to the request for access; and
(b) it is possible for the agency or Minister to prepare a copy (an edited copy) of the
document, modified by deletions, ensuring that:
(i) access to the edited copy would be required to be given under section 11A
(access to documents on request); and
(ii) the edited copy would not disclose any information that would reasonably be
regarded as irrelevant to the request; and
(c) it is reasonably practicable for the agency or Minister to prepare the edited copy,
having regard to:
(i) the nature and extent of the modification; and
(ii) the resources available to modify the document; and
(d) it is not apparent (from the request or from consultation with the applicant) that the
applicant would decline access to the edited copy.
Subsection 22(2) of the FOI Act provides that, where an agency reaches the view that a document
contains exempt information or material that is irrelevant to the request and it is possible for the
agency to prepare an edited copy of the document with the irrelevant or exempt material deleted,
then the agency must prepare such a copy.
This edited copy must be provided to the applicant. Further, the decision maker must advise the
applicant in writing that the edited copy of the document has been prepared and of the reason(s) for
each of the deletions in the document (subsection 22(3) of the FOI Act).
Exempt material is deleted pursuant to subparagraph 22(1)(a)(i) and irrelevant material is deleted
pursuant to subparagraph 22(1)(a)(ii) of the FOI Act.
I have decided that parts of the documents would disclose information that could reasonably
be regarded as irrelevant to your request because it contains information that is outside the scope of
your request.
Digital Transformation Agency —
Minute
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47G Public interest conditional exemptions – business
(1) A document is conditionally exempt if its disclosure under this Act would disclose information
concerning a person in respect of his or her business or professional affairs or concerning
the business, commercial or financial affairs of an organisation or undertaking, in a case
in which the disclosure of the information:
(a) would, or could reasonably be expected to, unreasonably affect that person adversely
in respect of his or her lawful business or professional affairs or that organisation
or undertaking in respect of its lawful business, commercial or financial affairs; or
(b) could reasonably be expected to prejudice the future supply of information to the
Commonwealth or an agency for the purpose of the administration of a law of the
Commonwealth or of a Territory or the administration of matters administered by an
agency.
In assessing if section 47G of the FOI Act applies, I have considered:
• the nature of the information and whether the disclosure would cause no
serious consequences;
• the object of the FOI Act, which encourages a right of access to documents held
by government agencies, subject to certain exemptions; and
• the extent to which the information is already a matter of public knowledge and/or well
• known.
I have also taken the below factors against disclosing the information into consideration:
• the disclosure of information relating to the business, commercial or financial affairs of the
third party could be considered as unreasonable disclosure; and
• the information is not a matter of public knowledge and/or well known.
In examining the documents, I am satisfied that releasing the information within the
document could involve the unreasonable disclosure of the financial or business affairs of a
third party.
Accordingly, I have decided that the information within the document is conditionally exempt under
section 47G of the FOI Act.
Public interest considerations
Public interest conditional exemption considerations
In relying on the public interest conditional exemptions under section 47G, I considered the public
interest factors under section 11A – Access to documents on request.
Section 11A
(5) The agency or Minister must give the person access to the document if it is conditionally exempt at
a particular time unless (in the circumstances) access to the document at that time would, on balance,
be contrary to the public interest.
Note 1: Division 3 of Part IV provides for when a document is conditionally exempt.
Note 2: A conditionally exempt document is an exempt document if access to the document would, on
balance, be contrary to the public interest (see section 31B (exempt documents for the purposes of
Part IV)).
Digital Transformation Agency —
Minute
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Note 3: Section 11B deals with when it is contrary to the public interest to give a person access to
the document.
(6) Despite subsection (5), the agency or Minister is not required to give access to the document at a
particular time if, at that time, the document is both:
(a) a conditionally exempt document; and
(b) an exempt document:
(i) under Division 2 of Part IV (exemptions); or
(i ) within the meaning of paragraph (b) or (c) of the definition of exempt
document in subsection 4(1).
Section 11B (3), (4) and (5) – Public interest exemptions – factors
(3) Factors favoring access to the document in the public interest include whether
access to the document would do any of the fol owing:
(a) promote the objects of this Act (including all the matters set out in
sections 3 and 3A);
(b) inform debate on a matter of public importance;
(c) promote effective oversight of public expenditure;
(d) allow a person to access his or her own personal information.
(4) The fol owing factors must not be taken into account in deciding whether access to the document
would, on balance, be contrary to the public interest:
(a) access to the document could result in embarrassment to the
Commonwealth Government, or cause a loss of confidence in the
Commonwealth Government;
(aa) access to the document could result in embarrassment to the
Government of Norfolk Island or cause a loss of confidence in the
Government of Norfolk Island;
(b) access to the document could result in any person misinterpreting or
misunderstanding the document;
(c) the author of the document was (or is) of high seniority in the agency to
which the request for access to the document was made;
(d) access to the document could result in confusion or unnecessary debate.
Guidelines
(5) In working out whether access to the document would, on balance, be contrary to the public
interest, an agency or Minister must have regard to any guidelines issued by the Information
Commissioner for the purposes of this subsection under section 93A.
In consultation with the third party, they have requested that the DTA considers the confidential
arrangements and in particular the terms of those arrangements.
Considering the submissions of the third party, I am satisfied that releasing the requested information
would not be in the public interest and would, if released, be in breach of confidence between the
Commonwealth and the third party.
Digital Transformation Agency —
Minute
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ATTACHMENT B – REVIEW RIGHTS
If you are dissatisfied with this decision, you have certain rights of review available to you.
Firstly, under section 54 of the FOI Act, you may apply to DTA for an internal review of the decision.
Your application must be made by whichever date is the later between:
• 30 days of you receiving this notice; or
• 15 days of you receiving the documents to which you have been granted access
An internal review will be conducted by a different officer from the original decision-maker.
No particular form is required to apply for review although it wil assist your case to set out in the
application the grounds on which you believe that the original decision should be overturned. An
application for a review of the decision should be addressed to: xxx@xxx.xxx.xx
If you choose to seek an internal review, you will subsequently have a right to apply to the Australian
Information Commissioner for a review of the internal review decision.
Review by the Australian Information Commissioner
Alternatively, under section 54L of the FOI Act, you may seek review of this decision by the Australian
Information Commissioner without first going to internal review. Your application must be made
within 60 days of you receiving this notice.
The Australian Information Commissioner is an independent office holder who may review decisions
of agencies and Ministers under the FOI Act. More information is available on the Australian
Information Commissioner's website www.oaic.gov.au.
You can contact the Information Commissioner to request a review of a decision online or by writing
to the Information Commission at:
Director of FOI Dispute Resolution
GPO Box 5218
SYDNEY NSW 2001
Complaints to the Australian Information Commissioner
You may complain to the Australian Information Commissioner about action taken in relation to your
request.
Your enquiries to the Australian Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Australian Information Commissioner.
The request should be in writing and should set out the grounds on which it is considered that the
action taken in relation to the request should be investigated and identify the DTA as the relevant
agency.
Contacts
If you have any queries about this notice, please contact the FOI team by em
ail xxx@xxx.xxx.xx.
Digital Transformation Agency —
Minute
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