Your Ref
Our Ref
45011
Tim Sherratt
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Sherratt
Your Freedom of Information request - decision
I refer to your revised request, received by the Department of Education, Skills and
Employment (department) on 26 November 2021, for access under the
Freedom of
Information Act 1982 (FOI Act) to the fol owing documents:
…the final three reports commissioned as part of the scoping study of potential research
infrastructure for HASS and Indigenous research platforms.
On 8 November 2021, you made a request under the FOI Act in the fol owing terms:
As part of the 2018 Research Infrastructure Investment Plan, funding was committed for a
scoping study of potential research infrastructure for HASS and Indigenous research
platforms (https://www.dese.gov.au/national-research-infrastructure/national-research-
infrastructure-scoping-studies).
Three reports were commissioned as part of this scoping study, and recommendations drawn
from these reports were included in the 2020 Research Infrastructure Investment Plan
(https://www.dese.gov.au/2020-research-infrastructure-investment-plan/resources/2020-
research-infrastructure-investment-plan).
I request that the three reports commissioned for the HASS and Indigenous research
platforms scoping study be made publicly available, along with any recommendations and
associated briefing notes derived from the scoping study.
On 26 November 2021, I wrote to you to advise you that it was likely that processing your
request in those terms would substantial y and unreasonably divert the resources of the
department and I invited you to reduce the scope of your request.
Also on 26 November 2021, you revised the scope of your request to the terms outlined
above.
GPO Box 9880, Canberra ACT 2601 | Phone 1300 488 064 | www.dese.gov.au | ABN 12 862 898 150
On 6 December 2021, the department released one of the documents captured by your
revised request, a report prepared by the Australian Academy of the Humanities, to you on
an administrative basis (outside of the FOI Act). As the document was provided to you, the
department advised you that we would treat this part of your request as withdrawn unless
you advised otherwise. As we did not hear from you, we have treated this part of your
request as withdrawn.
My decision
The department holds two documents (totalling 107 pages) that fall within the scope of your
request.
I have decided to grant you
access in part to the documents (documents 1 and 2) with some
of the content removed.
I have decided that certain parts of the documents that you have requested are exempt
under the FOI Act because they contain:
• deliberative matter, the disclosure of which would be contrary to the public interest
(section 47C conditional exemption)
• personal information, the disclosure of which would be unreasonable and contrary
to the public interest (section 47F conditional exemption).
A schedule of the documents and the reasons for my decision are set out at
Attachment A.
As foreshadowed in our letter dated 6 December 2021, during the processing of your
request the department consulted third parties potential y affected by the release of the
documents. One of the third parties made submissions objecting to the release of document
2. The FOI Act provides third parties with a right to seek internal review and external review
by the Australian Information Commissioner of decisions to release documents if, when
consulted, they object to the release of those documents. As such, and in accordance with
subsection 27(7) of the FOI Act, no part of document 2 wil be provided to you until the
expiration of the third party’s rights of review. The third party has until 14 February 2022 to
seek a review of my decision and the department will contact you again once the third
party’s rights of review have expired.
Charge
On 6 December 2021, the department made a preliminary assessment of the charge payable
to process your request in the amount of $135.00 and received payment in ful on the same
day.
I have assessed the charge under regulation 10 of the
Freedom of Information (Charges)
Regulations 2019 and the cost of processing your request exceeded the amount estimated.
Accordingly, I have fixed the charge under this provision.
How we wil send your documents
Document 1 is attached. As noted above, document 2 is withheld from release pending the
expiry of third-party review rights.
You can ask for a review of my decision
If you disagree with any part of the decision, you can ask for a review. There are two ways
you can do this. You can ask for an internal review by the department or an external review
by the Australian Information Commissioner.
You can find information about your rights of review under the FOI Act, as well as
information about how to make a complaint at
Attachment B.
Further assistance
If you have any questions, please email xxx@xxxx.xxx.xx.
Yours sincerely
Alison
Authorised decision maker
Department of Education, Skil s and Employment
14 January 2022
REASONS FOR DECISION
What you requested
As part of the 2018 Research Infrastructure Investment Plan, funding was committed for a
scoping study of potential research infrastructure for HASS and Indigenous research
platforms (https://www.dese.gov.au/national-research-infrastructure/national-research-
infrastructure-scoping-studies).
Three reports were commissioned as part of this scoping study, and recommendations drawn
from these reports were included in the 2020 Research Infrastructure Investment Plan
(https://www.dese.gov.au/2020-research-infrastructure-investment-plan/resources/2020-
research-infrastructure-investment-plan).
I request that the three reports commissioned for the HASS and Indigenous research
platforms scoping study be made publicly available, along with any recommendations and
associated briefing notes derived from the scoping study.
On 26 November 2021, the department wrote to you providing a notice of intention to
refuse your request under section 24AB of the FOI Act as your request was too big to
process.
On 26 November 2021, you revised your request as follows:
…the final three reports commissioned as part of the scoping study of potential research
infrastructure for HASS and Indigenous research platforms.
On 6 December 2021, the department advised you that it would consult with certain third
parties because the requested documents contain information the third parties might
reasonably wish to contend should not be disclosed.
What I took into account
In reaching my decision, I took into account:
• your original request dated 8 November 2021 and your revised request dated 26
November 2021
• the documents that fal within the scope of your request
• consultation with third parties about documents which contain information
concerning them
• consultations with departmental officers about the nature of the documents and the
operating environment and functions of the department
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (FOI Guidelines)
• the
Freedom of Information (Charges) Regulations 2019 • the FOI Act.
Reasons for my decision
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided that certain parts of the documents you requested are exempt under the FOI
Act. My findings of fact and reasons for deciding that exemptions apply to those documents
are discussed below.
Section 22 of the FOI Act: access to edited copies with irrelevant matter deleted
I have decided that the documents fal ing within the scope of your request
contain exempt
material. In this regard, sections 22(1) and (2) of the FOI Act provide that:
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.
Access to edited copy
(2)
The agency or Minister must:
(a) prepare the edited copy as mentioned in paragraph (1)(b); and
(b) give the applicant access to the edited copy.
The documents identified in the Schedule of Documents include exempt material.
In accordance with section 22 of the FOI Act, I have deleted exempt material where possible
from the pages identified in the Schedule of Documents and have decided to release the
remaining material to you.
Section 47C of the FOI Act – Deliberative processes
I have applied the conditional exemption in section 47C(1) to document 1.
Section 47C(1) of the FOI Act provides:
(1) A document is conditional y exempt if its disclosure under this Act would disclose matter
(
deliberative matter) in the nature of, or relating to, opinion, advice or recommendation
obtained, prepared or recorded, or consultation or deliberation that has taken place, in
the course of, or for the purposes of, the deliberative processes involved in the functions
of:
(a) an agency
…
Paragraph 6.59 of the FOI Guidelines relevantly provides:
‘Deliberative process’ general y refers to the process of weighing up or evaluating competing
arguments or considerations or to thinking processes – the process of reflection, for
example, upon the wisdom and expediency of a proposal, a particular decision or a course of
action
Document 1 is a report commissioned by the department summarising the findings of
consultations and analysis conducted by the Australian Research Data Commons about
research infrastructure relating to humanities, arts and social sciences and Indigenous
research. The document contains proposals for future research activities to be funded by the
Australian Government. These proposals include projected costings for each proposed
activity. These costings were prepared for the Australian Government’s consideration in
funding the proposed activities. Accordingly, I am satisfied that the material is deliberative
because it constitutes advice and recommendations made to the department. Further, the
deliberative material is directly related to the department’s function to create and develop
research infrastructure.
I am satisfied the material is not purely factual.
On this basis, I have decided that the relevant information contained in document 1 is
exempt under section 47C(1) of the FOI Act.
I have deleted the exempt material and released the remaining material to you in
accordance with section 22 of the FOI Act.
Public interest
Section 11A(5) of the FOI Act provides:
The agency or Minister must give the person access to the document if it is conditional y
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.
I consider disclosure of the information would promote the objects of the FOI Act to a small
extent. However, I consider this factor is outweighed by the public interest factors against
disclosure, indicating that access would be contrary to the public interest. In particular, I
consider disclosure could reasonably be expected to impede the department’s capacity to
effectively and efficiently consider advice obtained from expert third parties in relation to
the department’s functions and could reasonably be expected to prejudice the department’s
ability to obtain similar information in the future.
Based on these factors, I have decided that, in this instance, the public interest in disclosing
the information in document 1 is outweighed by the public interest against disclosure.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI
Act in making this decision.
Section 47F of the FOI Act - personal information
I have applied the conditional exemption in section 47F(1) of the FOI Act to documents 1 and
2.
Section 47F of the FOI Act relevantly provides:
(1)
A document is conditional y exempt if its disclosure under this Act would involve the
unreasonable disclosure of personal information about any person (including a
deceased person).
(2)
In determining whether the disclosure of the document would involve the
unreasonable disclosure of personal information, an agency or Minister must have
regard to the fol owing matters:
(a)
the extent to which the information is well known;
(b)
whether the person to whom the information relates is known to be (or to
have been) associated with the matters dealt with in the document;
(c)
the availability of the information from publicly accessible sources;
(d)
any other matters that the agency or Minister considers relevant.
Personal information
Personal information is information or an opinion about an identified individual, or an
individual who is reasonably identifiable:
• whether the information or opinion is true or not
• whether the information or opinion is recorded in a material form or not.
Paragraph 6.130 of the FOI Guidelines provides that personal information can include the
name of a person. I find that the documents contain personal information of several other
people, including their names and details about their employment.
Unreasonable disclosure
In addition to the factors specified in section 47F(2) of the FOI Act, paragraph 6.138 of the
FOI Guidelines provides:
The personal privacy exemption is designed to prevent the unreasonable invasion of third
parties’ privacy. The test of unreasonableness implies a need to balance the public interest
in disclosure of government-held information and the private interest in the privacy of
individuals.
I am satisfied that the disclosure of the third-party personal information would be
unreasonable for the following reasons:
• the information, in the context in which it appears in the documents, is not well-
known and not available in full or in part from publicly accessible sources
• the FOI Act does not control or restrict any subsequent use or dissemination of
information released under the FOI Act
• the consent of the individuals for the release of their personal information has not
been obtained
• the identity of the individuals concerned is readily apparent
• in relation to document 2, I am advised that the individuals listed participated in the
consultation process referred to in the document on the condition of anonymity and
I am satisfied that releasing their personal information in these circumstances could
reasonably be expected to undermine the department’s relationships with the
individuals and could discourage their cooperation with future consultation
processes.
On this basis, I have decided that the personal information in the abovementioned
documents is conditional y exempt under section 47F(1) of the FOI Act.
Public interest
As noted above, under section 11A(5) of the FOI Act, the department must give you access
to the material unless in the circumstances it would be, on balance, contrary to the public
interest to do so.
When weighing the public interest for and against disclosure under section 11A(5) of the FOI
Act, I have taken into account that disclosure would promote the objects of the FOI Act to a
smal extent.
I have also considered the relevant factors weighing against disclosure, indicating that access
would be contrary to the public interest. In particular, I have considered the extent to which
disclosure could reasonably be expected to:
• prejudice the right of an individual to privacy
• prejudice the department's ability to obtain similar information in the future,
particularly in relation to the information contained in document 2
• adversely affect or harm the interests of an individual or group of individuals.
Based on these factors, I have decided that, in this instance, the public interest in disclosing
the information in documents 1 and 2 is outweighed by the public interest against
disclosure.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI
Act in making this decision.
Conclusion
In summary, I am satisfied that the parts of documents 1 and 2 as set out in the Schedule of
Documents are conditional y exempt under sections 47C(1) and 47F(1) of the FOI Act.
Furthermore, I have decided that, on balance, it would be contrary to the public interest to
release this information. Accordingly, I have decided not to release the documents, in full, to
you.
I have deleted the exempt material and released the remaining material to you in
accordance with section 22 of the FOI Act.
As noted above, no part of document 2 wil be released to you until the affected third party’s
rights of review have expired.
Attachment B
YOUR RIGHTS OF REVIEW
Asking for a formal review of an FOI decision
If you believe the decision is incorrect, 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:
• an internal review officer in the department and/or
• the Australian Information Commissioner.
There are no fees for applying for a formal review.
Applying for an internal review by an internal review officer
If you apply for internal review, a different decision maker to the decision maker who made
the original decision will review your request. The internal review decision maker will
consider all aspects of the original decision afresh and decide whether the decision should
change.
An application for internal review must be made in writing within 30 days of receiving this
letter. You can lodge your application via email to xxx@xxxx.xxx.xx.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
You can lodge your application in one of the following ways:
Online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR 10
Email:
xxxxx@xxxx.xxx.xx
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Complaints to the Australian Information Commissioner
Australian Information Commissioner
You may complain to the Australian Information Commissioner about action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act.
A complaint to the Australian Information Commissioner must be made in writing and can be
lodged in one of the following ways:
Online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICCA 1
Email:
xxxxx@xxxx.xxx.xx
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001