2 March 2022
Greg Tannahill
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Greg,
Decision on access to documents under the Freedom of Information Act 1982
The purpose of this letter is to give you a decision about access to documents that you requested
from the eSafety Commissioner (eSafety) under the
Freedom of Information Act 1982 (FOI Act).
I, Maria Vassiliadis, am an officer authorised under section 23(1) of the FOI Act to make decisions in
relation to requests under the Act.
Background
On 31 January 2022, you requested access to:
'All policy documents, guidelines and procedures that purport to apply to the eSafety
Commissioner, employees of her office, or contractors of her office, relating to:
• communication and media announcements
• official use of social media by the Commissioner, her office, or media/comms staff
• process for release of public documents and engaging in public consultation.
This should include both documents formulated within the eSafety Office, and documents
created by other government agencies which the eSafety Office applied, circulated to staff, or
considered itself bound by.’
Following receipt of your request, eSafety confirmed the scope of your request on 14 February 2022.
In response to this correspondence, you advised you sought public documents as well.
On 24 February 2022, eSafety wrote to you advising that we were required to undertake third party
consultation. Specifically, eSafety advised that we would be writing to relevant individuals in relation
to the documents that contain their personal information and/or information concerning their business
or professional affairs.
In response you advised that this information is not relevant and could be redacted under the request.
The Office of the Australian Information Commissioner’s FOI Guidelines, referencing s 27 and s 27A
of the FOI Act, notes that “(a)n agency… may need to consult a third party where documents subject
to a request affect Commonwealth-State relations (s 26A), are business documents (s 27) or are
documents affecting another person’s privacy (s 27A).” An agency must, if it is reasonably practicable,
consult with a third party if they consider that the third party might “reasonably wish to make a
contention” that a document is exempt or conditionally exempt. However, as you have agreed this
information is not relevant eSafety will redact all information requiring third party consultation.
The time period for processing your request concludes on 2 March 2022.
We are providing you a response within the statutory timeframe.
Scope of your request
I understand the following in relation to the scope of your request.
P: 1800 880 176
E: xxxxxxxxx@xxxxxxx.xxx.xx
esafety.gov.au
The request is to encompass:
'All policy documents, guidelines and procedures that purport to apply to the eSafety
Commissioner, employees of her office, or contractors of her office, relating to:
• communication and media announcements
• official use of social media by the Commissioner, her office, or media/comms staff
• process for release of public documents and engaging in public consultation.
This should include both documents formulated within the eSafety Office, and documents
created by other government agencies which the eSafety Office applied, circulated to staff, or
considered itself bound by.’
The request covers the period of 1 September 2021 to 31 January 2022.
The following information is not relevant to your request and is to be redacted:
• personal information of public servants
• all information requiring consultation with third parties including personal and business
information (Note that eSafety cannot identify the type of third party information within the
documents as only third parties would be able to classify this information)
I have identified 24 documents which fall within the scope of your request.
Material taken into account
I have taken the following material into account in making my decision on access:
• the FOI Act, specifically sections 11, 11A, 11B, 22, 24, 26, 27, 27A, 37, 47C and 47E
• the guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (Guidelines)
• the content of the documents that fall within the scope of your request, and
• the views of third parties consulted by eSafety under sections 27 and 27A.
Decision and Reasons for Decision
I have decided that of the 24 documents identified as relevant to your request:
• 13 are released in full
• 11 are released in part, and
• 0 are wholly exempt from release.
The attached schedule of documents provides a description of each document and my decision on
access for each one. The reasons for my decisions are outlined below.
Although parts of certain documents have been refused access on the basis of certain exemptions, I
have also referenced section 22 of the FOI Act in the schedule, to indicate some parts of their content
are not relevant.
Exemption – Section 37 of the FOI Act – Documents affecting enforcement of law and
protection of public safety
Under section 37 a document is exempt if its release would disclose information that could or would
prejudice public safety and law enforcement.
P: 1800 880 176
E: xxxxxxxxx@xxxxxxx.xxx.xx
esafety.gov.au
The FOI Act states that, when deciding whether the disclosure of the information that would or could
reasonably be expected to prejudice public safety and law enforcement, consideration must be given
to the likelihood of the predicted or forecast event, effect or damage occurring after disclosure of a
document.
In considering whether to exempt the documents, I have considered and weighed factors for and
against disclosure. I have considered that disclosure is generally considered to promote the objects of
the FOI Act, can enhance the scrutiny of government decision making and can inform debate on
matters of public importance. I have also considered that disclosure of the information may undermine
the effectiveness, or allow circumvention, of eSafety’s investigative and enforcement functions.
However, I have decided that disclosing one document in part would not reasonably be expected to
provide information that could or would prejudice public safety and law enforcement and that these
documents therefore can be released with redactions under the exemption for documents affecting
enforcement of law and protection of public safety in section 37.
Having weighed these factors and determined that release at this time would be contrary to the public
interest, I consider relevant material in the below document is exempt from release in part, under
section 37 of the FOI Act:
Document 1
Public interest conditional exemption – Section 47C of the FOI Act – Deliberative Processes
Section 47C(1) provides that a document is conditionally exempt if its release 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
(b) a Minister, or
(c) the Government of the Commonwealth.
Some of the documents relevant to your request contain information of deliberative matter, including
deliberative processes, relating to the regulatory functions, governance, administration and
stakeholder relations of eSafety.
Public interest
Under section 11A of the FOI Act, access to a document covered by a conditional exemption must be
given unless it would be contrary to the public interest.
In considering whether to exempt the documents, I have considered and weighed factors for and
against disclosure, as outlined in the Guidelines and section 11B of the FOI Act. I have considered
that disclosure is generally considered to promote the objects of the FOI Act, can enhance the
scrutiny of government decision making and can inform debate on matters of public importance. I
have also considered that disclosure of the information may impede the ability for eSafety to evolve
thoughts, deliberate and evaluate policy options and perform powers and functions conferred on it by
the
Online Safety Act 2021 (Cth). This may affect the ability of eSafety to operate as effectively and
efficiently as possible. Therefore, in combination with the inability to operate effectively and efficiently,
this interest outweighs the public interest in disclosure.
P: 1800 880 176
E: xxxxxxxxx@xxxxxxx.xxx.xx
esafety.gov.au
Having weighed these factors and determined that release at this time would be contrary to the public
interest, I consider relevant material in the below documents is exempt from release in part, under
section 47C:
Documents 1, 2, 4, 5, 6, 7, 8, 12, 15 and 17
Public interest conditional exemption – Section 47E of the FOI Act – Certain operations of
agencies
Section 47E(d) provides that a document is conditionally exempt if its 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.
Documents 1 and 13 contain material that, if disclosed, would result in the disclosure of information
relating to the operation of eSafety’s functions under the
Online Safety Act 2021 (Cth).
Overall, I consider it would make it more difficult for eSafety to undertake the operations and functions
required if disclosure would occur.
Public interest
Under section 11A of the FOI Act, access to a document covered by a conditional exemption must be
given unless it would be contrary to the public interest.
In considering whether to exempt the documents, I have considered and weighed factors for and
against disclosure, as outlined in the FOI Guidelines and section 11B of the FOI Act. I have
considered that disclosure is generally considered to promote the objects of the FOI Act, can enhance
the scrutiny of government decision making and can inform debate on matters of public importance.
However, I have also considered that disclosure of the information would be contrary to the public
interest, including that it could reasonably be expected to prejudice the functions of eSafety in the
future. The public interest weighs in favour of not disclosing this information, particularly given the
need for eSafety to be able continue to engage in enforcement, education, and communication
activities.
Having weighed these factors and determined that release at this time would be contrary to the public
interest, I consider relevant material in the below documents is exempt from release in part, under
section 47E of the FOI Act:
Documents 1 and 13
Final assessment of charges
Although your request has taken some time to process, I have decided not to impose a charge for
processing your request.
Your rights of review
If you are dissatisfied with my decision, you may apply for internal review or Information
Commissioner review of the decision. We encourage you to seek internal review as a first step as it
may provide a more rapid resolution of your concerns.
P: 1800 880 176
E: xxxxxxxxx@xxxxxxx.xxx.xx
esafety.gov.au
Under section 54 of the FOI Act, you may apply in writing to xxx@xxxxxxx.xxx.xx for an internal
review of my decision. The internal review application must be made within 30 days of the date of this
letter. Where possible, please attach reasons why you believe review of the decision is necessary.
The internal review will be carried out within 30 days.
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to
review my decision. An application for review by the Information Commissioner must be made in
writing within 60 days of the date of this letter, and be lodged in one of the following ways:
online: https://forms.business.gov.au/aba/oaic/foi-review-/
email: xxxxxxxxx@xxxx.xxx.xx
post:
GPO Box 2999, Canberra ACT 2601
in person: Level 3, 175 Pitt Street, Sydney NSW
More information about Information Commissioner review is available on the Office of the Australian
Information Commissioner website. Relevant information in this regard is available at
www.oaic.gov.au/freedom-of-information/foi-reviews.
If you have any questions in this regard, please contact me on 1800 880 176 or at
xxxxxxxxx@xxxxxxx.xxx.xx.
Yours sincerely,
Maria Vassiliadis
eSafety Commissioner
Authorised decision maker pursuant to section 23(1) of the FOI Act
Attachments
1. Schedule of documents
P: 1800 880 176
E: xxxxxxxxx@xxxxxxx.xxx.xx
esafety.gov.au
SCHEDULE OF DOCUMENTS
Number
Date
Size
Description
Decision
Exemptions of
on Access
deletions on the
grounds of relevance
1
2
17
Communications Plan for
Released in
Section 22 (third party
September
pages
Regulatory Guidance
part
information only)
2021
Section 37
Section 47C
Section 47E
2
13
22
Communications Plan – Online Released in
Section 47C
September
pages
Safety Grants Program
part
2021
3
14
4
Communications Plan –
Released in
Section 22 (third party
September
pages
Beacon App
full
information only)
2021
4
29
10
Communications Plan –
Released in
Section 22
September
pages
Industry Codes
part
Section 47C
2021
5
1
6
Communications Plan –
Released in
Section 22 (including
November
pages
Cyberbullying Scheme
part
third party information)
2021
Regulatory Guidance
Section 47C
6
12
7
Communications Plan – Adult
Released in
Section 22 (including
November
pages
Cyber Abuse Regulatory
part
third party information)
2021
Guidance
Section 47C
7
20
6
Communications Plan – Online Released in
Section 22 (including
December
pages
Content Scheme and
part
third party information)
2021
Abhorrent Violent Conduct
Section 47C
Powers Regulatory Guidance
8
6 January
6
Communications Plan – Online Released in
Section 22 (including
2022
pages
Safety Act Commencement
part
third party information)
Section 47C
9
1
4
Be Connected
Released in
November
pages
Communications Strategy
full
2021
Attachment A
10
20
7
Be Connected
Released in
Section 22 (personal
September
pages
Communications Strategy
full
information of third
2021
Attachment B
parties and public
servants)
11
1
19
Be Connected
Released in
November
pages
Communications Strategy
full
2021
Attachment C
12
7
1 page
Communications Tiered
Released in
Section 47C
December
Planning Document
part
2020
13
7
3
Media Enquiry and Media
Released in
Section 22 (third party
December
pages
Release Process Document
part
information only)
2020
Section 47E
14
1
11
Be Connected
Released in
November
pages
Communications Strategy
full
2021
15
4
4
Communications Plan –
Released in
Section 22 (including
November
pages
Holiday Gift Guide 2021
part
third party information)
21
Section 47C
16
4 October
5
Communications Plan – IBA
Released in
Section 22 (personal
2021
pages
Regulatory Guidance
full
information of third
parties and public
servants)
P: 1800 880 176
E: xxxxxxxxx@xxxxxxx.xxx.xx
esafety.gov.au
17
15
6
Media Engagement Plan –
Released in
Section 22
December
pages
Safer Internet Day 2022
part
Section 47C
2021
18
August
8
Making Public Comment and
Released in
2017
pages
Participating Online (social
full
media) Guidance for
Employees
19
17 March
Australian Public Service
Released in
2021
Commission document:
Social
full -
media: Guidance for Australian
publicly
Public Service Employees and
available
Agencies
20
17 March
Australian Public Service
Released in
2021
Commissio
n Factsheet:
full -
Personal Behaviour on Social
publicly
Media
available
21
17 March
Australian Public Service
Released in
2021
Commission document:
Social
full -
media: Tips for Agencies
publicly
available
22
17 March
Australian Public Service
Released in
2021
Commission document:
Social
full -
media: Tips for Employees
publicly
available
23
17 March
Australian Public Service
Released in
2021
Commission document:
Case
full -
study - APS employee
publicly
engagement on social media
available
24
17 March
Australian Public Service
Released in
2021
Commission document:
full -
Frequently Asked Questions:
publicly
Personal Behaviour on Social
available
Media
P: 1800 880 176
E: xxxxxxxxx@xxxxxxx.xxx.xx
esafety.gov.au
