ATTACHMENT A
SCHEDULE OF DOCUMENTS
Document
Description
Basis of redactions
1
Email chain comprising emails between the Commission and a third party from 13
Sections 22 and 47F of the FOI Act
August 2021 to 18 August 2021, including earlier emails within email chain.
apply
ATTACHMENT B
Reasons for decision
1. I have decided to refuse access to parts of the document because I have determined it is
exempt from the operation of the FOI Act.
2. In making my decision I have had regard to:
the terms of your request;
the content of the document;
the relevant provisions of the FOI Act; and
FOI guidelines issued by the Australian Information Commissioner and published on
the Office of the Australian Information Commissioner (the OAIC) website.
Section 47F – personal information
3. Section 47F of the FOI Act provides that a document is conditionally exempt if it would
involve the unreasonable disclosure of personal information about any person.
4. Personal information means information or an opinion about an identified individual, or an
individual who is reasonably identifiable whether:
the information or opinion is true or not; and
the information or opinion is recorded in a material form or not.
5. I consider the document contains personal information of public servants and a third party
individual.
6. I have had regard to the matters I must consider under subsection 47F(2) of the FOI Act in
determining whether the disclosure of the document would involve the unreasonable
disclosure of personal information.
7. Relevant to personal information of public servants, under the FOI Act there is no
presumption that agencies and ministers should start from the position that the inclusion of
the full names of staff in documents increases transparency and the objects of the FOI Act:
Warren; Chief Executive Officer, Services Australia and (Freedom of information) [2020]
AATA 4557 at [83].
8. With the substantial increase in electronic requests and related correspondence, a rise in
anonymous applications as well as requests affecting the safety and wellbeing of
employees, the Commission now assess whether a disclosure of public servants’ personal
information in requests is unreasonable under section 47F of the FOI Act.
9. I have identified the following factors that, in my view, do not support release of certain
public servants’ and a third party individual’s personal information under section 47F of
the FOI Act:
the individuals’ personal information, in particular their names, will or may identify
them;
the names and contact details are generally not well known or publicly available;
- 5 -
the disclosure of this information will not advance scrutiny of any decisions falling
within the scope of your FOI request, particularly with regard to staff who are not
relevant decision-makers and non-SES staff members who are acting under the
direction of senior staff within relevant agencies in the course of their ordinary duties;
the release of some of the individuals’ personal information may cause stress for them
or other detriment; and
no public purpose or interest in increasing transparency of government would be
achieved through the release of the information.
10. Considering the above factors, I have decided that to the extent the documents include
personal information about non-SES staff members and a third party individual, those parts
of the documents are conditionally exempt from disclosure under section 47F of the FOI
Act.
Section 11A – public interest test
11. Subsection 11A(5) of the FOI Act provides that an agency must give access to a document
if it is conditionally exempt unless access to the document would, on balance, be contrary
to the public interest.
12. I have considered the public interest exemption factors in favour of disclosure at subsection
11B(3) of the FOI Act, including the extent to which access to the document would promote
the objects of the FOI Act.
13. I have identified the following factors as weighing against disclosure:
disclosure of certain personal information (including contact details) will not advance
any scrutiny of any decisions falling within the scope of your FOI request;
disclosure of personal information could reasonably be expected to prejudice the
protection of the individuals’ right to privacy;
there is a public interest in APS employers fulfilling their obligations under the
Work
Health and Safety Act 2011, in particular by preventing the exposure of staff members
from potential harassment or threats in a public forum; and
disclosure may undermine the Commission’s relationship with agencies and third party
individuals, and would do little to enhance scrutiny of government decisions.
14. Subsection 11B(4) of the FOI Act lists factors that are irrelevant to determining whether
access would be in the public interest. I have not considered these factors.
15. On balance, I find disclosure of some parts of the requested documents would be contrary
to the public interest. To the extent that the material contained in the documents is
conditionally exempt under 47F of the FOI Act, those parts are exempt from disclosure. An
edited version of the document is therefore provided, pursuant to section 22 of the FOI Act.
ATTACHMENT C
Rights of Review
Asking for a full explanation of a Freedom of Information decision
If you are dissatisfied with this decision, you may seek review. Before you seek review of a
Freedom of Information (FOI) decision, you may contact us to discuss your request and we
will explain the decision to you.
Seeking review of a Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (the FOI Act)
gives you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by seeking:
1. an internal review by an different officer of the Australian Public Service
Commission; and/or
2. external review by the Australian Information Commissioner.
There are no fees applied to either review option.
Applying for a review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be made in writing within 30 days of receiving this letter
to:
Email:
xxx@xxxx.xxx.xx
Post:
The FOI Officer
Australian Public Service Commission
B Block, Treasury Building
GPO Box 3176
Parkes Place West
PARKES ACT 2600
You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original FOI decision or the internal review decision, you can ask
the Australian Information Commissioner to review the decision. You have 60 days to apply
in writing for a review by the Office of the Australian Information Commissioner (the OAIC)
from the date you received this letter or any subsequent internal review decision.
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
The OAIC encourage applicants to apply online. Where possible, to assist the OAIC you
should include your contact information, a copy of the related FOI decision and provide
details of your reasons for objecting to the decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the 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. A complaint to the Information Commissioner must be made in
writing. The Information Commissioner's contact details are:
Telephone:
1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman
You may complain to the Ombudsman 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. A complaint to the Ombudsman may be made in person, by telephone or in
writing. The Ombudsman's contact details are:
Phone:
1300 362 072
Website:
www.ombudsman.gov.au