LEX 49113
Internal review decision made under the Freedom of Information Act 1982
Internal review decision and reasons for decision of Sara (Position Number 62214764),
Information Access Unit, Client Access Rehabilitation Branch, Department of Veterans’ Affairs
Applicant:
Ms Verity Pane
Date of primary decision:
11 April 2022
FOI reference number:
LEX 48545
Internal review decision date:
11 May 2022
Internal review reference number:
LEX 49113
Sent by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Pane,
Freedom of Information Request: LEX 49113
1.
The purpose of this letter is to give you a decision about your request for internal review under the
Freedom of Information Act 1982 (FOI Act).
2.
I have made a decision to vary the original decision made by Harrison (Position Number 62329529),
Information Access Unit, Client Access Rehabilitation Branch.
Authority to make this decision
1.
I, Sara (Position Number 62214764), Information Access Officer, Information Access Unit, am an
officer authorised by the Secretary of the Department to review decisions about access to
documents in the possession of the Department in accordance with section 54C of the Freedom of
Information Act 1982 (the FOI Act).
Summary
2.
On 11 March 2022, you made a request for access to documents in the possession of the
Department. Your request sought access to:
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“…I desire copy of the search minutes (excluding documents listed in the schedule, if
attached), LEX and TRIM entries for LEX 47367 and LEX 47465 and LEX 47867 and FOI
47338…”
3.
On 23 March 2022, the Department acknowledged your request via email.
4.
As no extensions of time were applied to process your request, a decision on your request was due
by 11 April 2022.
5.
On 11 April 2022, you were provided with a decision relating to access to documents within scope of
your request. The Department identified four (
4) document bundles and released these to you in
part.
6.
On 13 April 2022, you requested an internal review of the primary decision. In your request, you
specifically noted:
“…Pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department of Veterans' Affairs's handling of
my FOI request LEX 48545 'LEX and TRIM and Search Minute records for LEX 47367 and LEX
47465 and LEX 47867 and FOI 47338'.
I contest the exemptions claimed and the adequacy of the search…”
7.
As no extensions of time have been applied to process this internal review, a decision on your
request is due by 13 May 2022.
8.
I have decided not to impose a charge in relation to this request, in accordance with regulation 3(1)
of the
Freedom of Information (Charges) Regulations 1982.
Decision
3.
I have made a decision to vary the original decision made by Harrison (Position Number 62329529),
Information Access Unit, Client Access Rehabilitation Branch.
Remarks on primary decision
4. On 11 April 2022, Information Access Officer, Harrison (Position Number 62329529), made the decision
to partially release information to you in response to your primary FOI request.
5. After reviewing the processing of the request by Information Access Officer, Harrison (Position Number
62329529), I am satisfied that reasonable searches were undertaken to locate documents fal ing within
the scope of your request.
6. Further, after conducting my own searches for documents within the scope of the request, I am
satisfied that the information provided to you was within the scope of your request.
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7. In reviewing information within the scope of your application, the primary decision maker decided to
redact staff surnames and their direct contact details pursuant to section 47E and section 47F of the
FOI Act. I have reviewed his reasoning for applying these redactions, as well as his balancing of the
public interest test pursuant to section 15A(5) of the FOI Act.
8. After reviewing both the redactions and the reasoning for these redactions, I consider that a
Departmental fax number redacted under sections 47E and 47F of the FOI Act can be released to you.
Further, I consider that the surname of a member of the Senior Executive Service, previously redacted
under sections 47E and 47F can be released to you.
9. The primary decision maker also decided to redact third party contact details pursuant to section 47F of
the FOI Act. I have reviewed these contact details and have determined that they can be released on
the basis that they are publicly available.
10. After reviewing the redactions and reasoning for all other material redacted, I am satisfied that the
correct and preferable decision has been made by the original decision maker.
Material taken into account
11. In accordance with Section 26(1)(a) of the FOI Act, the findings on any material question of fact,
referring to the material on which those finding were based and the reasons for my decision to grant
partial access to documents fol ow.
12. I have taken the following material into account in making my decision:
the terms of your primary request;
the terms of your request for an internal review;
the types of documents that are in the possession of the Department;
search and retrieval records in relation to LEX 48545;
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
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- 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
- Section 54C Internal review – decision on internal review; and
the Guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (FOI Guidelines).
13. A full extract of all FOI Act provisions used to make my decision are provided in
Schedule 2.
Reasons for Decision
14. I have decided to grant access to the document bundles within the scope of your request, subject to
the fol owing exemptions in accordance with the FOI Act:
Public interest conditional exemptions--certain operations of agencies (sections 47E(c) and
47E(d))
9.
The documents within the scope of your application contain the names and contact information of
staff of the Department. I have decided that s 47E(c) and 47E(d) applies to this material, as identified
in
Schedule 1.
10. Section 47E(c) conditional y exempts documents 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.
11. Section 47E(d) conditional y 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.
12. The Department has policies and procedures to support staff within its operating environment and to
meet 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.
13. 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.
14. 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 for the Department.
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15. Disclosure of identifying information about staff members contained within the documents would be
inconsistent with these Departmental policies. 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 policies intended to 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.
16. 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.
17. I also note that the Department provides a wide range of services to its clients. To facilitate efficient
conduct of its operations, the Department 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 efficiently by providing staff
with access to communication points attached to a role rather than to an individual.
18. Disclosure of identifying information about staff members in these documents 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 private
correspondence. Making it possible for clients to address correspondence to individual staff
members or to seek to contact individuals directly is likely to undermine Departmental arrangements
to channel communications based on role rather than individual. Reduced efficiency in
communication and delivery of services could reasonably be expected to result.
19. 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(c) and 47E(d) of the FOI Act.
Public interest conditional exemptions--personal privacy (section 47F)
20. 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).
21. 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:
(a)
whether the information or opinion is true or not;
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(b)
whether the information or opinion is recorded in a material form or not.
22. 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.
23. If information is personal information, it will be conditionally exempt if disclosure would be
‘unreasonable’. In considering whether disclosure would be unreasonable, section 47F(2) of the
FOI Act requires me to take into account:
(a)
the extent to which the information is wel 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; and
(d)
any other matter I consider relevant.
24. The documents outlined in
Schedule 1 contain the names and contact information of staff of the
Department. Contact details of an individual staff member, such as their email address, phone
number and signature are personal information about that person.
25. The Department has policies and procedures to support staff within its operating environment and to
meet 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. As
outlined above, 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 staff member of the Department.
26. I consider that disclosure of personal information of individual staff members in the document would
be unreasonable because it would be inconsistent with Departmental policies and procedures
designed to support a safe and efficient working environment. Additionally, it would be
6
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.
27. Accordingly, I have decided that the 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 conditional y exempt, access must be given subject to the public interest test in
accordance with section 11A(5).
28. The documents also include contact details for the Friday Group. I consider it appropriate to release
this information on the basis it is publicly available.
Application of the public interest test – sections 47E(c), (d) and 47F
29. Section 11A(5) of the FOI Act 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 factor which favours disclosure:
(a)
disclosure would promote the objects of the FOI Act by providing access to government
held information.
31. I also considered the following factors which do not favour disclosure:
(a)
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;
(b)
Disclosure could be expected to adversely affect the delivery of services by the Department
in accordance with its functions; and
(c)
Disclosure could reasonably be expected to prejudice the protection of an individual’s right
to privacy, in relation to staff of the Department.
32. 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 consider that impairment of the Department’s ability to efficiently
deliver services to veterans and their families could reasonably be expected as a result. Further, 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
7
individuals by enabling them to be identified in their private lives and associated with actions for
which the Department is responsible.
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.
34. Where documents include the surnames of staff at the Senior Executive Service level, I am satisfied
that the public interest is to release the exempt material.
35. I am satisfied that no irrelevant factor has been considered, as set out in section 11B(4) of the
FOI Act.
Delete exempt or irrelevant material from documents and provide access to edited copies
(section 22)
36. 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.
37. As explained above, some of the documents subject to your request contain exempt information.
38. Further, I have also removed the name of the staff member who compiled the document, where it is
printed in the top left corner of the PDF document on the basis that it is out of scope or irrelevant
because it does not form part of the original document.
39. Your request was received on 11 March 2022. As such, any entries in LEX dated after 11 March 2022
have been removed as this information is outside the scope of your request.
40. 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
15. The document bundles released to you in accordance with the FOI Act are enclosed.
8
Information Publication Scheme
16. In accordance with section 11C(1)(a) of the FOI Act, the document issued to you wil not be made
available in the disclosure log as it relates to your personal information and it would be unreasonable
to publish this information.
Your rights of review
17. Under section 54L of the FOI Act, if you are dissatisfied with my decision, 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: www.oaic.gov.au Post: Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Facsimile: (02) 9284 9666
Email: xxxxxxxxx@xxxx.xxx.xx
In person: Level 3, 175 Pitt Street, Sydney NSW.
18. More information about your review rights under the FOI Act is available in Fact Sheet 12 published
by the Office of the Australian Information Commissioner:
http://oaic.gov.au/freedom-of-
information/foi-resources/freedom-of-information-fact-sheets/foi-factsheet-12-your-review-rights
Contacts
19. 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,
Sara (Position Number 62214764)
Information Access Officer
Information Access Unit
9
Client Rehabilitation Access Branch
Department of Veterans’ Affairs
11 May 2022
10
FOI
Schedule 1
Schedule of documents
Applicant:
Ms Verity Pane
Decision date:
11 May 2022
IR reference number:
LEX 49113
Doc Date of
Document description
Pages
Decision
Exemption
No
document
provision
1
10/04/2022 Document Bundle for LEX 47338
11 Varied access s 22
s 47E
s 47F
2
10/04/2022 Document Bundle for LEX 47367
10 Varied access s 22
s 47E
s 47F
3
10/04/2022 Document Bundle for LEX 47465
10 Varied access s 22
s 47E
s 47F
4
10/04/2022 Document Bundle for LEX 47867
9
Varied access s 22
s 47E
s 47F
11
LEX 49113
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 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 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).
12
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 conditional y 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 conditional y
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
13
(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.
14
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 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).
47E Public interest conditional exemptions—certain operations of agencies
15
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:
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;
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(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).
54C Internal review—decision on internal review
Scope
(1) This section applies if an application for internal review of an access refusal decision or an
access grant decision (the original decision) is made in accordance with this Part.
Decision
(2) The agency must, as soon as practicable, arrange for a person (other than the person who
made the original decision) to review the decision.
(3) The person must make a fresh decision on behalf of the agency within 30 days after the day on
which the application was received by, or on behalf of, the agency.
Notice of decision
(4) Section 26 extends to a decision made under this section.
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Document Outline
