Ms Lisa Pye
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Pye
Freedom of Information Request - Reference 21-140
I refer to your application for access to government information received by
Transport Canberra and City Services (TCCS) on 22 December 2021 by way of transfer
from the Chief Minister, Treasury and Economic Development Directorate. It is my
understanding that you are seeking access to the following government information
under the
Freedom of Information Act 2016:
“requesting the security footage of an allegation against my dog biting someone
on the 26/11/2021 in an underground carpark of 8 cape street Dickson”
A decision is due on your access application by extension on 31 January 2022.
Authority
I am an Information Officer appointed by the Director-General under section 18 of
the Act to deal with access applications made under Part 5 of the FOI Act.
Decision on access
In accordance with the FOI Act, a search of TCCS records has been completed. This
search identified three records as relevant to your application.
Upon reviewing the information, and applying the public interest test under section
17 of the FOI Act, I have found the disclosure of the information to be contrary to the
public interest. As such, I am refusing access to this information under the FOI Act.
The reasons for my decision are provided below under the heading ‘statement of
reasons’.
Statement of Reasons
In making my decision on disclosing government information, I must identify al
relevant factors in schedule 2 of the FOI Act and determine, on balance, where the
public interest lies. In reaching my access decision, I have taken the following into
account:
Factors favouring disclosure in the public interest (Schedule 2, Section 2.1)
• Schedule 2.1(a)(i) - promote open discussion of public affairs and enhance
the government’s accountability;
• Schedule 2.1(a)(viii) - reveal the reason for a government decision and any
background or contextual information that informed the decision.
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Factors favouring non-disclosure (Schedule 2, Section 2.2)
• Schedule 2.2(a)(ii) - prejudice the protection of an individual’s right to
privacy or any other right under the
Human Rights Act 2016;
• Schedule 2.2(a)(iii) - prejudice security, law enforcement or public safety;
• Schedule 2.2(a)(xi ) - prejudice an agency’s ability to obtain confidential
information;
• Schedule 2.2(a)(xi) - prejudice trade secrets, business affairs or research of
an agency or person.
Personal information
In reviewing the footage, the images of third parties are present. I have considered
that the disclosure of this imagery is likely to identify these individuals, and therefore
is likely to prejudice the protection of an individual’s right to privacy under the
Human Rights Act 2004.
Witness disclosures
Witness disclosures provide important information about an al eged incident to
Domestic Animal Service investigators. This information can be crucial to the
outcome of a case, and this requires the witness to be confident in the way the
information will be handled. It is expected by al parties involved that this kind of
information is treated in a confidential manner.
Security and business affairs
Closed-circuit television (CCTV) systems are a tool for securing property and
promoting safety. The footage provided to TCCS has been captured through a CCTV
system belonging to a third-party business and captures activity of private property.
In viewing the images within the footage, I find that the disclosure of the CCTV
footage is likely to prejudice the effectiveness of this system as the footage al ows for
the identification of possible limitations to the system, for example, potential gaps in
coverage. As this system is the property of a third party, it is also reasonable to
consider the likelihood that a disclosure of this information may prejudice their
business affairs.
In balancing these factors, I find that the factors in favour of non-disclosure outweigh
those favouring disclosure.
Charges
No fees are applicable to this application as no information is being disclosed in
response to this access application.
Online publishing – disclosure log
Under section 28 of the Act, TCCS maintains an online record of access applications
called a disclosure log. As this application is seeking access to your personal
information, your application and my notice of decision wil not be published in the
TCCS Disclosure Log.
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Ombudsman review
My decision on your access request is a reviewable decision as identified in Schedule
3 of the Act. You have the right to seek an Ombudsman review of this outcome under
section 73 of the Act within 20 working days from the day that my decision is
published in TCCS’ disclosure log or a longer period al owed by the Ombudsman.
If you wish to request a review of my decision, you may write to the Ombudsman at:
The ACT Ombudsman
GPO Box 442
CANBERRA ACT 2601
Via email: xxxxxx@xxxxxxxxx.xxx.xx
ACT Civil and Administrative Tribunal (ACAT) review
Under section 84 of the Act, if a decision is made under section 82 on an Ombudsman
review, you may apply to the ACAT for review of the Ombudsman decision.
Further information may be obtained from ACAT at:
ACT Civil and Administrative Tribunal
Level 4, 1 Moore Street
GPO Box 370
CANBERRA CITY ACT 2601
Telephone: (02) 6207 1740
www.acat.act.gov.au
If you have any queries concerning the directorate’s processing of your request, or
would like further information, please contact the TCCS FOI team on (02) 6207 2987
or email to
xxxx.xxx@xxx.xxx.xx.
Yours sincerely
Meghan Oldfield
Information Officer
January 2022
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