LEX 48536
Decision and Statement of reasons issued under the Freedom of
Information Act 1982
Decision and reason for decision of Llewellyn (Position Number 62329531), Information
Access Unit, Client Access Rehabilitation Branch, Department of Veterans’ Affairs
Applicant:
Verity Pane
Date of primary decision:
28 February 2022
FOI reference number (Primary): LEX 47721
Internal review decision date:
11 April 2022
Internal review reference number: LEX 48536
Sent by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx.
Dear Verity Pane
Freedom of Information Request: LEX 48536
Decision
1. The purpose of this letter is to give you a decision about your request for internal review for
the decision made in LEX 47721 under the
Freedom of Information Act 1982 (Cth) (
FOI Act)
2. I have made the decision to affirm the original decision made by Aaron (Position Number
62214261), Information Access Officer, Information Access Unit. That decision was to grant
part access to the document within the scope of your request.
Authority to make decision
3. I, Llewellyn (Position Number 62329531), Information Access Officer, Information Access
Unit, am an officer authorised by the Secretary of the Department of Veterans’ Affairs (the
Department) to make decisions about access to documents in the possession of the
Department in accordance with section 23(1) of the FOI Act.
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Summary
4. On 29 January 2022 you made a request for access to a document in the possession of the
Department. Your request sought access on the fol owing terms:
“I wish for a copy of the full Department of Veterans' Affairs Chart of Accounts (the
listing of all accounts, assigned a unique identifier to capture DVA's financial
information, tracked by the Department's accounting system)…”
5. On 28 February 2022, the Department made a decision to provide part access to the
document within the scope of your request, under the fol owing provisions of the FOI Act:
• Public interest conditional exemptions--certain operations of agencies (section
47E); and
• Public interest conditional exemptions--personal privacy (section 47F).
6. After receiving the Department’s decision on 28 February 2022, you contacted the
Department on 11 March 2022 requesting an internal review of the handling of this FOI
request. In this request, you did not specify any specific aspects of the decision that you
disagreed with.
7. On 1 April 2022, I emailed you asking if there were any specific aspects of the decision that
you disagreed with, to assist me in completing this internal review. At time of making this
decision, I have not received a response from you.
8. I note that this request was for a specific document, and that this specific document has
been partially provided to you. I note that the information exempted from the released
document comprises only a very small part of the total information contained within the
document. I note also that this exempted information, being the names and contact details
of Department staff members, is only incidental to the terms of your original request.
9. As no extension of time has been applied to process this internal review, a decision on your
internal review application is due 11 April 2022.
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
grant partial access to the document follows
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11. I have taken the following material into account in making my decision.
• the terms of your original request made on 29 January 2022 and the decision made
on this request on 28 February 2022;
• the records of the searches carried out in processing your original request;
• the terms of your internal review request made on 11 March 2022;
• the types of information and documents that are in the Department’s possession;
• the content of the document that fal 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 have 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 47E Public interest conditional exemptions--certain operations of agencies
- Section 47F Public interest conditional exemptions--personal privacy; and
• the Guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (
FOI Guidelines).
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 affirm the original decision made on 28 February 2022 to grant part access
to the document within the scope of your request, subject to the fol owing provisions in the
FOI Act.
Public interest conditional exemptions--certain operations of agencies (section 47E(c) and
47E(d))
14. Section 47E of the FOI Act provides that a document is conditionally exempt if its disclosure
would, or could reasonably be expected to, do any of the fol owing:
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(a)
prejudice the effectiveness of procedures or methods for the conduct of tests,
examinations or audits by a
n agency;
(b)
prejudice the attainment of the objects of particular tests, examinations or audits
conducted or to be conducted by a
n agency;
(c)
have a substantial adverse effect on the management or assessment of personnel
by the Commonwealth, by Norfolk Island or by a
n agency;
(d)
have a substantial adverse effect on the proper and efficient conduct of the
operations of an
agency.
Section 47E(c)
15. I have decided that section 47E(c) applies to material in the document identified in the
attached schedule.
16. This material is the names and contact information of staff of the Department.
17. Section 47E(c) conditional y exempts information where disclosure would, or could
reasonably be expected to, have a substantial adverse effect on the management or
assessment of personnel by the Commonwealth or an agency. Management of personnel by
the Department includes, among other things, human resources policies and activities,
recruitment, and work health and safety.
18. The Department has policies and procedures to support staff within its operating
environment and to meets its obligations as an employer to provide a safe working
environment. Some policies restrict the amount of identifying information generally
provided by individual staff members to clients. For example, staff are generally required to
identify themselves in correspondence with clients by a given name and position number.
19. This is consistent with the approach taken by other Commonwealth agencies with similar
functions, including provision of support services and administration of statutory benefits
schemes.
20. Implementation of these policies provides staff at more junior levels with confidence that
they will not be inappropriately named or contacted in relation to actions taken in the
course of their routine work with the Department.
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21. Disclosure of identifying information about staff members in this document would be
inconsistent with these departmental policies.
22. Knowledge that identifying information about them may be disclosed in documents
accessed under the FOI Act would be likely to undermine the confidence of staff in
departmental polices intended support their work health and safety. Staff concern about
inappropriate contact and the potential for harassment by clients is based on known
instances of such things occurring. For example, public identification of individual staff
members in an online client forum.
23. An adverse effect on the Department’s ability to manage staff could reasonably be expected
to result from widespread staff concern about disclosure of identifying information about
staff members. Staff members may experience concern even when not based on personal
experience of harassment.
24. I consider that this could reasonably be expected to have a substantial adverse effect on the
ability of the Department to manage staff, including in the areas of providing a working
environment in which staff feel safe, meeting its work health and safety obligations, and
attracting and retaining staff.
25. As a result I am satisfied that material in the document for release identified in the attached
schedule is conditional y exempt under section 47E(c).
Section 47E(d)
26. I have decided that section 47E(d) also applies to the material in the document identified in
the attached schedule.
27. This material contains the names and contact information of staff of the Department.
28. 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.
29. The Department provides a wide range of services to its clients. To facilitate efficient
conduct of its operations it has established channels for communication on specific topics
and in relation to specific services. These channels, such as email inboxes and telephone
support lines, enable services to be delivered efficiently by directing clients to the most
appropriate point of contact. In addition, the Department is able to manage staffing
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efficiently by providing staff with access to communication points attached to a role rather
than to an individual.
30. Disclosure of identifying information about staff members in this document would disclose
contact details for individual staff members, which is not generally available. Once contact
details for individual staff members are disclosed they are likely to become publically known
through publication on the disclosure log or through private correspondence. Making it
possible for clients to address correspondence to individual staff members or seek to contact
individuals directly is likely to undermine the departmental arrangements for channelling
communications based on role rather than individual. Reduced efficiency in communication
and delivery of services could be reasonably expected to result.
31. I consider that, across the whole of the Department and its wide range of services to
significant numbers of veterans and their family members, this adverse effect is likely to be
substantial. This is because it would cause not just inconvenience to staff but failure in
communication that may result in critical services not being delivered as required.
32. As a result I am satisfied that material in the document for release identified in the attached
schedule is conditional y exempt under section 47E(d).
33. Where a document is assessed as conditionally exempt, access must be given subject to the
public interest test in accordance with section 11A(5) of the FOI Act.
Application of the public interest test for s 47E(c) and s 47E(d)
34. 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.
35. The FOI Act sets out four factors favouring access, which must be considered if relevant. I
consider that the following is relevant:
• Disclosure would promote the objects of the FOI Act by providing access to
government held information.
36. I place little weight on this factor because, as noted above, disclosure of the names and
contact details of the individual staff members mentioned in the document do not form a
significant component of the government information in the document. Secondly, this
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information is only incidental to the terms of your request.
37. The FOI Act does not set out factors against disclosure, however I have identified the
following factors:
• Disclosure could be expected to adversely affect the management of staff of the
Department, resulting in a likely reduction in the capability of the Department to
efficiently carry out its functions; and
• Disclosure could be expected to adversely affect the delivery of services by the
Department in accordance with its functions.
38. In balancing the factors in favour of disclosure and the factors against, I have placed greater
weight on these factors. I consider that disruption of established channels for
communication and delivery of services would be likely to follow disclosure of contact
information about individual staff members. I also consider that disclosure of information
identifying individual staff members could reasonably be expected to reduce the ability of
the Department to maintain a workforce capable of effectively delivering services to
veterans and their families. I consider that impairment of the Department’s ability to
efficiently deliver services to veterans and their families could reasonably be expected as a
result.
39. I consider that the public interest factor against disclosure outweighs the public interest
factor favouring disclosure. I am, accordingly, satisfied that giving the applicant access to the
conditionally exempt material at this time would, on balance, be contrary to the public
interest.
Public interest conditional exemptions--personal privacy (section 47F)
40. Section 47F of the FOI Act provides that a document is conditionally exempt if its disclosure
would involve the unreasonable disclosure of personal information about any person
(including a deceased person).
41. Section 4 of the FOI Act provides that personal information has the same meaning as in the
Privacy Act 1988 (Privacy Act). Personal information is defined in section 6 of the Privacy Act
as:
. information or an opinion about an identified individual, or an individual who is
reasonably identifiable:
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(a)
whether the information or opinion is true or not;
(b)
whether the information or opinion is recorded in a material form or not.
42. The elements of ‘personal information’ are:
(a)
it relates only to a natural person (not, for example, a company);
(b)
it says something about the individual;
(c)
it may be in the form of an opinion, it may be true or untrue, and it may form
part of a database;
(d)
the individual’s identity is known or is reasonably ascertainable using the
information in the document.
43. Details of an individual staff member such as their full name or their email address is
personal information about that person.
44. In light of this, I have decided that section 47F applies to material in the document identified
in the attached schedule.
45. In determining whether the disclosure of a document would be unreasonable, I must have
regard to the following matters under section 47F(2):
• The extent to which the information is wel known;
• Whether to person to whom the information relates is known to be (or have been)
associated with the matters dealt with in the document;
• The availability of the information from publicly accessible sources; and
• Any other matter considered relevant.
46. In this instance, the relevant personal information of individual staff members is not well
known and is not available from publicly accessible sources. Secondly, as noted above, this
personal information is only incidentally relevant to the terms of your request.
47. The Department has policies and procedures to support staff within its operating
environment and to meets its obligations as an employer to provide a safe working
8
environment. Some policies restrict the amount of identifying information generally
provided by individual staff members to clients. For example, staff are generally required to
identify themselves in correspondence with clients by a given name and position number.
This reduces the likelihood that individuals are reasonably identifiable in a different context.
For example, it reduces the likelihood that a private social media profile can be linked with
an individual who is a departmental staff member.
48. I consider that disclosure of personal information of individual staff members in this
document would be unreasonable because it would be inconsistent with departmental
policies and procedures designed to support a safe and efficient working environment.
Additional y, it would be unreasonable because it would be contrary to the expectations of
those individual staff members, who may rely on those departmental policies and
procedures for assurance of their personal privacy.
49. As a result I am satisfied that material in the document marked in the attached schedule is
conditional y exempt under section 47F.
Application of the public interest test for s 47F
50. Under the FOI Act, access to a document covered by a conditional exemption must be given
unless it would be contrary to the public interest.
51. The FOI Act sets out four factors favouring access, which must be considered if relevant. I
consider that the following is relevant:
• Disclosure would promote the objects of the FOI Act by providing access to government
held information.
52. I place little weight on this factor because, as noted above, disclosure of the names and
contact details of the individual staff members mentioned in the document do not form a
significant component of the government information in the document.
53. The FOI Act does not set out factors against disclosure, however I have identified the
following factors:
• Disclosure could be expected to interfere with the privacy of individuals who are
department staff members.
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54. In balancing the factors in favour of disclosure and the factors against, I have placed greater
weight on this factor. In particular, I consider that there is little public interest in the
disclosure of information identifying individuals who are, or have been, staff members in
roles more junior than the Senior Executive Service. Disclosure of that information could
reasonably be expected to result in interference with the privacy of those individuals by
enabling them to be identified in their private lives and associated with actions for which the
Department is responsible.
55. I am satisfied that no irrelevant factor has been considered, as set out in section 11B(4) of
the FOI Act.
56. I consider that the public interest factor against disclosure outweighs the public interest
factor favouring disclosure. I am, accordingly, satisfied that giving the applicant access to the
conditionally exempt material at this time would, on balance, be contrary to the public
interest.
Delete exempt or irrelevant material from documents and provide access to edited copies
(section 22)
57. 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.
58. As explained above, the document subject to your request contains exempt information. On
this basis, the document for release had this exempt information removed in accordance
with section 22 of the FOI Act. The material been edited for release was marked within the
document as well as at Schedule 1 of the original decision in LEX 47721.
Access to documents
59. You were provided with the document previously, on 28 February 2022, as part of the
primary FOI decision LEX 47721. I have therefore not enclosed the document again.
Information Publication Scheme
60. 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.
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61. I note that, since this original request did not relate to your personal information, details of
your request have been 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
62. 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).
OAIC review
63. 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 fol owing 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
Phone:
1300 363 992
Email:
xxxxx@xxxx.xxx.xx
64. 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
65. 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
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Yours sincerely,
Llewellyn (Position Number 62329531)
Information Access Officer
Information Access Unit
11 April 2022
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LEX 48536
Schedule 1
Document schedule
Applicant:
Verity Pane
Decision date:
11 April 2022
FOI reference number:
LEX 48536
Document Date of
Document description
Page Decision Exemption
reference document
number
provision
1
10/02/2022 Chart Of Accounts 2021-2022
121 Part
47E and
Access 47F
13
LEX 48536
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 fol owing:
(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 fol owing:
(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).
14
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 conditional y exempt.
Note 2: A conditional y 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 fol owing:
(a)
promote the objects of this Act (including al 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
15
(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.
16
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.
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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 general y be given to a conditional y 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).
17
Public interest conditional exemptions
47E Public interest conditional exemptions—certain operations of agencies
A document is conditional y exempt if its disclosure under this Act would, or could reasonably be
expected to, do any of the fol owing:
(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 general y be given to a conditional y exempt document unless it would be contrary to the public
interest (see section 11A).
47F
Public interest conditional exemptions—personal privacy
General rule
(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 following
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.
(3)
Subject to subsection (5), subsection (1) does not have effect in relation to a request by a
person for access to a document by reason only of the inclusion in the document of matter
relating to that person.
Access given to qualified person instead
(4)
Subsection (5) applies if:
(a)
a request is made to an agency or Minister for access to a document of the agency,
or an official document of the Minister, that contains information concerning the
applicant, being information that was provided by a qualified person acting in his or
her capacity as a qualified person; and
(b)
it appears to the principal officer of the agency or to the Minister (as the case may
be) that the disclosure of the information to the applicant might be detrimental to
the applicant’s physical or mental health, or well-being.
(5)
The principal officer or Minister may, if access to the document would otherwise be given
to the applicant, direct that access to the document, so far as it contains that information,
is not to be given to the applicant but is to be given instead to a qualified person who:
(a)
carries on the same occupation, of a kind mentioned in the definition of qualified
person in subsection (7), as the first-mentioned qualified person; and
(b)
is to be nominated by the applicant.
(6)
The powers and functions of the principal officer of an agency under this section may be
exercised by an officer of the agency acting within his or her scope of authority in
accordance with arrangements referred to in section 23.
(7)
In this section:
18
qualified person means a person who carries on, and is entitled to carry on, an occupation
that involves the provision of care for the physical or mental health of people or for their
well-being, and, without limiting the generality of the foregoing, includes any of the
following:
(a)
a medical practitioner;
(b)
a psychiatrist;
(c)
a psychologist;
(d)
a counsellor;
(e)
a social worker.
Note: Access must general y be given to a conditional y exempt document unless it would be contrary to the public
interest (see section 11A).
19
Document Outline
