LEX 47367 FOI Decision.pdf

LEX 47367

Decision and Statement of reasons issued under the Freedom of
Information Act 1982
Decision and reason for decision of Jasmine (Position Number 62329540),
Information Access Officer, Information Access Unit,
Client Access and Rehabilitation Branch, Department of Veterans’ Affairs

Applicant:

Ms Verity Pane

Decision date:

30 June 2022

FOI reference number:
LEX 47267

Sent by sigbox:

xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Ms Pane,
Freedom of Information Request: LEX 47367
Decision

1.
The Department of Veterans’ Affairs (Department) has undertaken a reasonable search of its
records and has identified five (5) documents relevant to your request.

2.
I have made a decision to grant access in part to two (2) document(s) and refuse access to
three (3) documents.

3.
The documents that I have chosen to grant access in part and refuse access to are set out in
Schedule 1, together with applicable exemption provisions. Where I have decided to grant
access in part, I have provided access to an edited copy of the documents, modified by
deletions in accordance with section 22(2) of the Freedom of Information Act 1982 (Cth) (FOI
Act).

Authority to make decision

4.
I, Jasmine (Position Number 62329540) Information Access Officer, Information Access Unit,
Client Access Rehabilitation Branch, am an officer authorised by the Secretary of the
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Department to make decisions about access to documents in the possession of the
Department in accordance with section 23(1) of the FOI Act.

Summary

5.
On 3 January 2022 you made a request for access to documents in the possession of the
Department. Your request sought access to:

I seek copy of the Ian Lindenmayer report on the implementation and effects of the I

ntroduction of the ‘One DVA’ model, which was provided around 2008-2009 to DVA

I seek copy of the Friday Group report on the benchmarking of costs of service of
DVA, which was provided around 2008 to DVA

6.
On 11 January 2022, the Department acknowledged your request via email.

7.
On 16 February 2022 you were advised that the Department was required to undertake a
third party consultation in accordance with section 27 of the FOI Act. The responses received
by the third parties were mixed; several of the parties indicated that they wished for their
data to be redacted in whole or in part. I note responses were not received from several of
the parties.

8.
In accordance with section 15AC of the FOI Act, the principal officer of the Department is
taken to have made a decision personally refusing to give access to the documents on the
last day of the initial decision period. Even where a decision has not been issued within the
prescribed timeframe, the Department retains an obligation to process and finalise the FOI
request. I would like to apologise for the delay in issuing this decision to you and any
inconvenience it may have caused.

9.
As a decision on your request was not made within the timeframe as prescribed in section
15(5)(b) of the FOI Act, Regulation 7(2) of the Freedom of Information (Charges) Regulations
2019 prescribed that no charge is payable.

Material taken into account

10.  In accordance with section 26(1)(a) of the FOI Act, my findings on any material question of
fact, the material on which those findings were based and the reasons for my decision to
refuse and grant partial access to the documents follows.

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11.  I have taken the following material into account in making my decision:

  the terms of your request on 3 January 2022;

  the types of information and documents that are in the Department’s possession;

  the content of the documents that fall within the scope of your request;

  Sections 3, 11 and 11A of the FOI Act which give the Australian community a legally
enforceable right to obtain access to information held by the Government of the
Commonwealth. I also considered the following provisions of the FOI Act relevant to
my decision:

-  Section 11B   Public interest exemption – factors
-  Section 15
Request for Access
-  Section 22   Access to edited copies with exempt or irrelevant material deleted
-  Section 45   Documents communicated in confidence
-  Section 47E   Public interest conditional exemptions—operations of an agency
-  Section 47C  Public interest conditional exemptions--deliberative processes
-  Section 47G  Public interest conditional exemptions--business

  the Guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (FOI Guidelines);

  the views of third parties consulted by the Department under section 27 of the FOI Act.

12.  A full extract of all FOI Act provisions used to make my decision are provided in Schedule 2.

Reasons for decision

13.  I have decided to grant and refuse access to the documents within the scope of your
request, subject to the following exemptions in accordance with the FOI Act:

Documents containing material obtained in confidence (section 45)

14.  Section 45 of the FOI Act provides that a document is an exempt document if its disclosure
under the Act would found an action by a person for a breach of confidence. The FOI
Guidelines provide that, to found an action for breach of confidence (which means s 45
would apply), the following five criteria must be satisfied in relation to the information:
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(a)
it must be specifically identified;

(b)
it must have the necessary quality of confidentiality;

(c)
it must have been communicated and received on the basis of a mutual
understanding of confidence;

(d)
it must have been disclosed or threatened to be disclosed, without authority; and

(e)
unauthorised disclosure of the information has or will cause detriment.

15.  Two of the documents within the scope of your request have been identified as in-
confidence by the relevant business area of the Department, I also note they are marked in-
confidence. We have attempted to consult with the providers of these reports, however,
these attempts have been unsuccessful.

16.  I note these documents are not in the public domain and as such I have determined that
these documents have the necessary quality of confidence. Further, the documents appear
to have been provided to the department on a confidential basis.

17.  As section 45 of the FOI Act is not a conditional exemption, I am not required to consider a
public interest test.

Public interest conditional exemptions--deliberative processes (section 47C)

18.  Section 47C of the FOI Act provides that a document is conditionally exempt if its disclosure
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 an agency, a Minister or the Government of the Commonwealth.

19.  Several of the documents within the scope of your request contain information in the nature
of, or relating to the opinion, advice or recommendation provided to the department by
third party providers. These documents are reports relating to the Department, as well as
third parties. The reports contain information which is not strictly factual and I have
interpreted some of the information to be the opinion or advice of the provider, or related
to the opinion or advice of the provider.

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20.  Accordingly, I have decided that the documents and parts of documents which are listed as
exempt in accordance with this provision in Schedule 1, meet the criteria for conditional
exemption. Where a document is assessed as conditionally exempt, access must be given
subject to the public interest test in accordance with section 11A(5).

Public interest conditional exemptions—business (section 47G)

21.  Section 47G(1)(a) of the FOI Act provides that 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.

22.  The document bundle contains information of third parties including the names and financial
information of those third parties. I consider that this material meets the definition of
business information for the purposes of section 47G of the FOI Act and that disclosure of
this material could reasonably be expected to adversely impact those third parties. As such, I
consider this information discloses the commercial, business and financial affairs of both the
third parties and is appropriate for exemption under section 47G of the FOI Act.

23.  Further, the document bundle contains business information of the department including
detailed financial information which is not currently in the public domain. I consider that this
material meets the definition of business information for the purposes of section 47G of the
FOI Act and that disclosure of this material could reasonably be expected to adversely
impact the department’s management functions. I consider that this information discloses
the commercial, business and financial affairs of the department and is appropriate for
exemption under section 47G of the FOI Act.

24.  Accordingly, I have decided that parts of documents which are listed as exempt in
accordance with this provision in Schedule 1, meet the criteria for conditional exemption.
Where a document is assessed as conditionally exempt, access must be given subject to the
public interest test in accordance with section 11A(5).

5

Public interest conditional exemptions--certain operations of agencies (section 47E(d))

25.  The documents within the scope of your application contain operational information of both
the Department and third parties. Where I have marked the material as exempt under
sections 47G on the document bundle, I have also determined that this material is subject to
conditional exemption under section 47E(d) of the FOI Act, as identified in Schedule 1.

26.  Section 47E(d) conditionally exempts documents where disclosure would, or could
reasonably be expected to, have a substantial adverse effect on the proper and efficient
conduct of the operations of an agency.

27.  Some documents within the scope of your request outline information relating to the
operational information of Commonwealth agencies which is currently not in the public
domain. I am of the view that the disclosure of this information is likely to have a substantial
adverse effect on the proper and efficient conduct of the agencies if it were to be released.

28.  Accordingly, for the reasons outlined above I consider that certain material, as identified in
Schedule 1, meets the criteria for conditional exemption under section 47E(d) of the FOI Act.

Application of the public interest test – section 47C, 47E(d) and 47G

Application of the public interest test:

29.  Section 11A(5) provides that an agency 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 would, on balance, be contrary to the public interest.

30.  In order to assess whether release of the exempt material would be contrary to the public
interest, I considered the following factors which favour disclosure:

(a)
disclosure would promote the objects of the FOI Act, including:

(i)
inform the community of the Government’s operations, including, in
particular, the policies, rules, guidelines, practices and codes of conduct
followed by the Government in its dealings with members of the
community;

(b)
disclosure would inform debate on a matter of public importance;

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31.  I also considered the following factors which do not favour disclosure:

(a)
disclosure 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

(i)
disclosure could reasonably be expected to prejudice an agency’s ability to obtain
similar information in the future;

(j)
disclosure could reasonably be expected to prejudice the competitive commercial
activities of an agency;

(m)
disclosure could reasonably be expected to prejudice the management function of
an agency; and

(n)
disclosure could reasonably be expected to prejudice the effectiveness of testing or
auditing procedures.

32.  I am satisfied that no irrelevant factor has been considered, as set out in section 11B(4) of
the FOI Act.

33.  On balance, I consider the public interest factors against disclosure to be more persuasive
than the public interest factors favouring disclosure. I am satisfied that the public interest is
to withhold the exempt material.

Delete exempt or irrelevant material from documents and provide access to edited copies
(section 22)

34.  The Department may refuse access to a document on the grounds that it is exempt. If so, the
Department must consider whether it would be reasonably practicable to prepare an edited
copy of the document for release, that is, a copy with relevant deletions made under
section 22 of the FOI Act. The Department is under the same obligation to consider
preparing an edited copy of a document by removing information that would reasonably be
regarded as irrelevant to the request.

35.  As explained above, some of the documents subject to your request contain exempt
information.

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36.  On this basis, I have prepared the documents for release by removing the exempt and
irrelevant material in accordance with section 22 of the FOI Act. The material that has been
edited for release is marked within the documents as well as at Schedule 1.

Access to documents

37.  The documents released to you in accordance with the FOI Act are enclosed.

Information Publication Scheme

38.  The Information Publication Scheme requires the Department to publish information
released in response to individual requests made under the FOI Act, except in specified
circumstances.

39.  I am of the view that details of your request should be made available on the Department’s
FOI Disclosure Log. As such, details of your request will be published on the Department’s
FOI Disclosure Log which can be accessed at http://www.dva.gov.au/about-dva/freedom-
information/foi-disclosure-log. Please note that the Department does not publish details of
FOI applicants, it only publishes details of the FOI request and the documents released in
response to the request.

Your rights of review

Deemed refusal

40.  If you are dissatisfied with my decision you may apply for Information Commissioner Review
of the decision through the Office of the Australian Information Commissioner (OAIC). In
accordance with section 54E(b) of the FOI Act, internal review is not available as the
Department did not finalise your FOI request within the prescribed statutory timeframe.

OAIC review

41.  Under section 54L of the FOI Act, you may apply to the OAIC to review my decision. An
application for review by OAIC must be made in writing within 60 days of the date of this
letter, and be lodged in one of the following ways:

Online:
www.oaic.gov.au
Post:
Director of FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Facsimile:
(02) 9284 9666
8

Phone:
1300 363 992
Email:
xxxxx@xxxx.xxx.xx

42.  More information about your review rights under the FOI Act is available in Fact Sheet 12
published by the OAIC: https://www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/information-commissioner-review/

Contact us

43.  If you wish to discuss this decision, please do not hesitate to contact the Information Access
Unit using the following details:

Online:
https://www.dva.gov.au/about-us/overview/reporting/freedom-
information/access-information
Post:
Information Access Unit
Department of Veterans’ Affairs
GPO Box 9998, Brisbane QLD 4001
Phone:
1800 838 372
Email:
xxxxxxxxxxx.xxxxxx@xxx.xxx.xx

Yours sincerely,

Jasmine (Position Number 62329540)
Information Access Officer
Information Access Unit
Client Access and Rehabilitation Branch
Department of Veterans’ Affairs

30 June 2022
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LEX 47367
Schedule 1

Schedule of documents

Applicant:

Ms Verity Pane

Decision date:

30 June 2022

FOI reference number:
LEX 47367

Document
Date of
Document description
Page
Decision
Exemption
reference  document
number
provision
1
17/12/2008 Benchmarking Study – Summary Report
1-51
Partial
s 47C
Access
s 47E
s 47G

2
18/10/2008 Benchmarking Study – Overview Report
52-142
Partial
s 47C
Access
s 47E
s 47G
3
18/10/2008 Benchmarking Study - Benchmarking Partners
N/A
Refused
s 45
Comparison
Access
4
18/10/2008 Benchmarking Study – Resource Analysis Report
N/A
Refused
s 47E
access
s 47G
5
02/2009  Report – Review of oneDVA
N/A
Refused
s 45
access

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LEX 47367
Schedule 2

Schedule of relevant provisions in the FOI Act
3
Objects—general
(1)
The objects of this Act are to give the Australian community access to information held by
the Government of the Commonwealth or the Government of Norfolk Island, by:

(a)
requiring agencies to publish the information; and

(b)
providing for a right of access to documents.
(2)
The Parliament intends, by these objects, to promote Australia’s representative democracy
by contributing towards the following:
(a)
increasing public participation in Government processes, with a view to promoting
better informed decision-making;
(b)
increasing scrutiny, discussion, comment and review of the Government’s
activities.
(3)
The Parliament also intends, by these objects, to increase recognition that information held
by the Government is to be managed for public purposes, and is a national resource.
(4)
The Parliament also intends that functions and powers given by this Act are to be
performed and exercised, as far as possible, to facilitate and promote public access to
information, promptly and at the lowest reasonable cost.

11
Right of access
(1)
Subject to this Act, every person has a legally enforceable right to obtain access in
accordance with this Act to:

(a)
a document of an agency, other than an exempt document; or

(b)
an official document of a Minister, other than an exempt document.

(2)
Subject to this Act, a person’s right of access is not affected by:

(a)
any reasons the person gives for seeking access; or
(b)
the agency’s or Minister’s belief as to what are his or her reasons for seeking
access.

11A    Access to documents on request
Scope

(1)
This section applies if:
(a)
a request is made by a person, in accordance with subsection 15(2), to an agency or
Minister for access to:

(i)
a document of the agency; or

(ii)
an official document of the Minister; and
(b)
any charge that, under the regulations, is required to be paid before access is given
has been paid.

(2)
This section applies subject to this Act.
Note:
Other provisions of this Act are relevant to decisions about access to documents, for example the following:
(a)
section 12 (documents otherwise available);
(b)
section 13 (documents in national institutions);
(c)
section 15A (personnel records);
(d)
section 22 (access to edited copies with exempt or irrelevant matter deleted).

11

Mandatory access—general rule
(3)
The agency or Minister must give the person access to the document in accordance with
this Act, subject to this section.
Exemptions and conditional exemptions
(4)
The agency or Minister is not required by this Act to give the person access to the
document at a particular time if, at that time, the document is an exempt document.
Note:
Access may be given to an exempt document apart from under this Act, whether or not in response to a request
(see section 3A (objects—information or documents otherwise accessible)).
(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)).
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
(ii)
within the meaning of paragraph (b) or (c) of the definition of exempt
document in subsection 4(1).

11B
Public interest exemptions — factors
Scope
(1)
This section applies for the purposes of working out whether access to a conditionally
exempt document would, on balance, be contrary to the public interest under
subsection 11A(5).
(2)
This section does not limit subsection 11A(5).
Factors favouring access
(3)
Factors favouring access to the document in the public interest include whether access to
the document would do any of the following:
(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.
Irrelevant factors
(4)
The following 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;
(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
12

(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.

15
Requests for access (as related to the requirements for requests)
Persons may request access
(1)
Subject to section 15A, a person who wishes to obtain access to a document of an agency
or an official document of a Minister may request access to the document.
Requirements for request
(2)
The request must:
(a)
be in writing; and
(aa)
state that the request is an application for the purposes of this Act; and
(b)
provide such information concerning the document as is reasonably necessary to
enable a responsible officer of the agency, or the Minister, to identify it; and
(c)
give details of how notices under this Act may be sent to the applicant (for
example, by providing an electronic address to which notices may be sent by
electronic communication).
(2A)    The request must be sent to the agency or Minister. The request may be sent in any of the
following ways:
(a)
delivery to an officer of the agency, or a member of the staff of the Minister, at the
address of any central or regional office of the agency or Minister specified in a
current telephone directory;
(b)
postage by pre-paid post to an address mentioned in paragraph (a);
(c)
sending by electronic communication to an electronic address specified by the
agency or Minister.

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.
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.
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Notice to applicant

(3)
The agency or Minister must give the applicant notice in writing:

(a)
that the edited copy has been prepared; and

(b)
of the grounds for the deletions; and
(c)
if any matter deleted is exempt matter—that the matter deleted is exempt matter
because of a specified provision of this Act.
(4)
Section 26 (reasons for decision) does not apply to the decision to refuse access to the
whole document unless the applicant requests the agency or Minister to give the applicant
a notice in writing in accordance with that section.

23
Decisions to be made by authorised persons
(1)
Subject to subsection (2), a decision in respect of a request made to an agency may be
made, on behalf of the agency, by the responsible Minister or the principal officer of the
agency or, subject to the regulations, by an officer of the agency acting within the scope of
authority exercisable by him or her in accordance with arrangements approved by the
responsible Minister or the principal officer of the agency.
(2)
A decision in respect of a request made to a court, or made to a tribunal, authority or body
that is specified in Schedule 1, may be made on behalf of that court, tribunal, authority or
body by the principal officer of that court, tribunal, authority or body or, subject to the
regulations, by an officer of that court, tribunal, authority or body acting within the scope
of authority exercisable by him or her in accordance with arrangements approved by the
principal officer of that court, tribunal, authority or body.

26
Reasons and other particulars of decisions to be given
(1)
Where, in relation to a request, a decision is made relating to a refusal to grant access to a
document in accordance with the request or deferring provision of access to a document,
the decision-maker shall cause the applicant to be given notice in writing of the decision,
and the notice shall:
(a)
state the findings on any material questions of fact, referring to the material on
which those findings were based, and state the reasons for the decision; and
(aa)
in the case of a decision to refuse to give access to a conditionally exempt
document—include in those reasons the public interest factors taken into account
in making the decision; and
Note:
Access must generally be given to a conditionally exempt document unless it would be contrary to the public
interest (see section 11A).
(b)
where the decision relates to a document of an agency, state the name and
designation of the person giving the decision; and

(c)
give to the applicant appropriate information concerning:

(i)
his or her rights with respect to review of the decision;
(ii)
his or her rights to make a complaint to the Information Commissioner in
relation to the decision; and
(iii)
the procedure for the exercise of the rights referred to in subparagraphs (i)
and (ii); including (where applicable) particulars of the manner in which an
application for internal review (Part VI) and IC review (Part VII) may be
made.
(1A)
Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a
decision referred to in subsection (1).
(2)
A notice under this section is not required to contain any matter that is of such a nature
that its inclusion in a document of an agency would cause that document to be an exempt
document.
(see section 11A).

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45
Documents containing material obtained in confidence
(1)
A document is an exempt document if its disclosure under this Act would found an action,
by a person (other than an agency, the Commonwealth or Norfolk Island), for breach of
confidence.
(2)
Subsection (1) does not apply to a document to which subsection 47C(1) (deliberative
processes) applies (or would apply, but for subsection 47C(2) or (3)), that is prepared by a
Minister, a member of the staff of a Minister, or an officer or employee of an agency, in the
course of his or her duties, or by a prescribed authority or Norfolk Island authority in the
performance of its functions, for purposes relating to the affairs of an agency or a
Department of State unless the disclosure of the document would constitute a breach of
confidence owed to a person or body other than:
(a)
a person in the capacity of Minister, member of the staff of a Minister or officer of
an agency; or

(b)
an agency, the Commonwealth or Norfolk Island.

Public interest conditional exemptions

47C
Public interest conditional exemptions—deliberative processes
General rule
(1)
A document is conditionally 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; or

(b)
a Minister; or

(c)
the Government of the Commonwealth; or

(d)
the Government of Norfolk Island.
Exceptions

(2)
Deliberative matter does not include either of the following:

(a)
operational information (see section 8A);

(b)
purely factual material.
Note: An agency must publish its operational information (see section 8).

(3)
This section does not apply to any of the following:
(a)
reports (including reports concerning the results of studies, surveys or tests) of
scientific or technical experts, whether employed within an agency or not,
including reports expressing the opinions of such experts on scientific or technical
matters;
(b)
reports of a body or organisation, prescribed by the regulations, that is established
within an agency;
(c)
the record of, or a formal statement of the reasons for, a final decision given in the
exercise of a power or of an adjudicative function.
Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public
interest (see section 11A).

15

47E
Public interest conditional exemptions—certain operations of agencies
A document is conditionally exempt if its disclosure under this Act would, or could reasonably be
expected to, do any of the following:
(a)
prejudice the effectiveness of procedures or methods for the conduct of tests,
examinations or audits by an agency;
(b)
prejudice the attainment of the objects of particular tests, examinations or audits
conducted or to be conducted by an agency;
(c)
have a substantial adverse effect on the management or assessment of personnel
by the Commonwealth, by Norfolk Island or by an agency;
(d)
have a substantial adverse effect on the proper and efficient conduct of the
operations of an agency.
Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public
interest (see section 11A).

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, Norfolk Island 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.
(2)
Subsection (1) does not apply to trade secrets or other information to which section 47
applies.
(3)
Subsection (1) does not have effect in relation to a request by a person for access to a
document:
(a)
by reason only of the inclusion in the document of information concerning that
person in respect of his or her business or professional affairs; or
(b)
by reason only of the inclusion in the document of information concerning the
business, commercial or financial affairs of an undertaking where the person
making the request is the proprietor of the undertaking or a person acting on
behalf of the proprietor; or
(c)
by reason only of the inclusion in the document of information concerning the
business, commercial or financial affairs of an organisation where the person
making the request is the organisation or a person acting on behalf of the
organisation.
(4)
A reference in this section to an undertaking includes a reference to an undertaking that is
carried on by, or by an authority of, the Commonwealth, Norfolk Island or a State or by a
local government authority.
(5)
For the purposes of subsection (1), information is not taken to concern a person in respect
of the person’s professional affairs merely because it is information concerning the
person’s status as a member of a profession.
Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public
interest (see section 11A).

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