FOIREQ22 00162 Docs Finalised.pdf

From:
Legal
To:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Cc:
Legal
Subject:
FOIREQ22/00095 - Notice of third party consultation - extension of time [SEC=OFFICIAL]
Date:
Tuesday, 10 May 2022 3:10:00 PM
Attachments:
image001.jpg
image002.png
image003.png
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OAIC reference: FOIREQ22/00095

Dear Julie

I refer to your request made under the Freedom of Information Act 1982 (Cth) (FOI Act) and
received by the Office of the Australian Information Commissioner (OAIC) on 10 April 2022.

Because your request covers documents which contain information concerning an organisation’s
business and professional affairs, the OAIC has decided it is necessary to consult the affected
organisation under s 27 of the FOI Act before making a decision on release of the documents, in
order to release this material to you.

For this reason, the period for processing your request has been extended by 30 days to allow
time to consult (see s 15(6) of the FOI Act). The processing period for your request will now end
on 9 June 2022.

The consultation mechanisms under s 27 apply when we believe the organisation concerned
may wish to contend that the requested documents are exempt for reasons of adversely
affecting their business or financial affairs.

We will take into account any comments we receive but the final decision about whether to
grant you access to the documents you requested rests with OAIC.

Kind regards
Margaret

O A I C logo   Margaret Sui |  Senior Lawyer
Legal Services
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au
+61 2 9284 9879  | xxxxxxxx.xxx@xxxx.xxx.xx
|
|
|
Subscribe to Information Matters

From:
HORGAN,Llewellyn
To:
FOOT,Michael
Cc:
SUI,Margaret
Subject:
FOIREQ22/00095 - Question re: third party consult
Date:
Thursday, 19 May 2022 1:01:00 PM
Attachments:
image001.jpg
FOIREQ22.00095 Bundle for third party consult.pdf
OFFICIAL: Sensitive
FOIREQ22/00095

Dear Michael,

I hope you’re well.

We have decided that it is necessary to undertake a third party consultation with Alinta
regarding the attached document in the above matter. Regarding what information is currently
known to Alinta in the attached document, is it correct that dot points 1 and 2 s47E(d)
while not publicly known, would be known by Alinta, while dot point 3 s47E(d)
is
not known to Alinta and should therefore be redacted in any consultation with them?

Thank you and I look forward to hearing from you.

Kind regards,

Llewellyn

O A I C logo  Llewellyn Horgan | Graduate
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au
+61 2 9284 9708  |  xxxxxxxxx.xxxxxx@xxxx.xxx.xx

OFFICIAL: Sensitive

o  whether or not the new use or disclosure wou
FOIREQ22/00095 058 ld be reasonably expected by the
individuals, having regard to matters including the circumstances in which the
information was original y provided by the customers.
Other background
Information in the public domain regarding this matter
•  On 3 March 2020, the OAIC announced it was making preliminary inquiries into Alinta’s
handling of Australians’ personal information.
•  On 15 May 2020, the Commissioner advised the Senate Economic References Committee
inquiry into foreign investment proposals that the OAIC:
o  had been contacted by third parties with an interest in the matter
o  wrote to Alinta directly (a copy of this initial correspondence was provided in
confidence to the Committee)
o  had received information back from Alinta
o  have had telephone contact with the FIRB
o  had not written to Electricity Monster or any other entities.
Document history
Updated by
Reason
Approved by
Date
Michael Foot
Senate Estimates February 2022

From:
FOOT,Michael
To:
HORGAN,Llewellyn
Cc:
SUI,Margaret
Subject:
RE: FOIREQ22/00095 - Question re: third party consult[SEC=OFFICIAL:Sensitive]
Date:
Thursday, 19 May 2022 2:55:45 PM
Attachments:
image001.jpg
OFFICIAL: Sensitive

Hi Llewellyn

That is correct. s47E(d)

Regards

Michael Foot

OFFICIAL: Sensitive
From: HORGAN,Llewellyn <xxxxxxxxx.xxxxxx@xxxx.xxx.xx>
Sent: Thursday, 19 May 2022 1:01 PM
To: FOOT,Michael <xxxxxxx.xxxx@xxxx.xxx.xx>
Cc: SUI,Margaret <xxxxxxxx.xxx@xxxx.xxx.xx>
Subject: FOIREQ22/00095 - Question re: third party consult[SEC=OFFICIAL:Sensitive]

OFFICIAL: Sensitive

FOIREQ22/00095

Dear Michael,

I hope you’re well.

We have decided that it is necessary to undertake a third party consultation with Alinta
regarding the attached document in the above matter. Regarding what information is currently
known to Alinta in the attached document, is it correct that dot points 1 and 2 s47E(d)
while not publicly known, would be known by Alinta, while dot point 3 s47E(d)
is
not known to Alinta and should therefore be redacted in any consultation with them?

Thank you and I look forward to hearing from you.

Kind regards,

Llewellyn

From:
HORGAN,Llewellyn
To:
xxxxxxx@xxxxxxxxxxxx.xxx.xx
Cc:
OAIC - Legal; xxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx.xx
Subject:
FOIREQ22/00095 - Consultation under s27 of the FOI Act - Opportunity to make submissions
Date:
Tuesday, 24 May 2022 5:18:00 PM
Attachments:
image001.jpg
FOIREQ22.00095 Consult Document.pdf
Dear Privacy Officer,
I am writing to inform you that the Office of the Australian Information Commissioner (OAIC) has
received a freedom of information (FOI) request, which includes a document containing the
business information of Alinta Energy.
The relevant document is attached.  Please note that the attached document also contains
material that is already publicly available and we are not seeking your comment on this
information. We are only seeking your comment on the material that has been highlighted in the
attached document. Please note that the attached documents also contains non-publicly known
information that we are not intending to externally disclose and that this information has been
redacted from the attachment.
Under the Freedom of Information Act 1982 (FOI Act), when we receive a request covering
documents of this kind and we believe the person or organisation concerned may wish to
contend that the documents are exempt from release, we are required to consult before
releasing the documents, if it is reasonably practicable to do so (under s 27 of the FOI Act).
Opportunity to make a submission
I invite you to make submissions raising any objections you may have to the release of the
attached document under the following exemptions in the FOI Act (paraphrased):
Section 47G(1) – disclosure of the document 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 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.

We note that more information about s47G is available in the Part 6 (Conditional exemptions) of
the FOI Guidelines, available at www.oaic.gov.au/freedom-of-information/foi-guidelines/part-6-
conditional-exemptions.
If it is your view that any of the documents falls within the scope of the exemptions outlined
above, would you please consider whether deletion of any specific information from the relevant
document (under section 22) would address your objections.
Please note that it is not sufficient simply to assert that one of the exemptions applies and that
disclosure would be contrary to the public interest. You need to provide reasons and supporting
evidence. Also, while your comments will be taken into account, the final decision about
whether to release the documents rests with the decision maker in our agency. If the decision
maker decides to grant access to any document whose release you opposed and you have made
a submission in support of your contention that the document is exempt under one of the
provisions of the FOI Act above, you will be given written notice of the decision and the
opportunity to seek review of the decision before the document is released.
Disclosure log

If we decide to grant access to the requested document we are generally obliged to publish the
information on our disclosure log.
How to make your submission
Please send your comments in writing by close of business on 31 May 2022 by return email to
me. Please use OAIC reference FOIREQ22/00095 in all correspondence. Please cc in
xxxxx@xxxx.xxx.xx in all correspondence.
If a response is not received by this date, I will assume you do not object to the release of the
document.
If you have any questions, please feel free to contact me.
Kind regards,
Llewellyn

O A I C logo  Llewellyn Horgan | Graduate
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au
+61 2 9942 4234 |  xxxxxxxxx.xxxxxx@xxxx.xxx.xx

attached document. Please note that the attached documents also contains non-publicly known
information that we are not intending to externally disclose and that this information has been
redacted from the attachment.
Under the Freedom of Information Act 1982 (FOI Act), when we receive a request covering
documents of this kind and we believe the person or organisation concerned may wish to
contend that the documents are exempt from release, we are required to consult before
releasing the documents, if it is reasonably practicable to do so (under s 27 of the FOI Act).
Opportunity to make a submission
I invite you to make submissions raising any objections you may have to the release of the
attached document under the following exemptions in the FOI Act (paraphrased):
Section 47G(1) – disclosure of the document 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 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.

We note that more information about s47G is available in the Part 6 (Conditional exemptions) of
the FOI Guidelines, available at www.oaic.gov.au/freedom-of-information/foi-guidelines/part-6-
conditional-exemptions.
If it is your view that any of the documents falls within the scope of the exemptions outlined
above, would you please consider whether deletion of any specific information from the relevant
document (under section 22) would address your objections.
Please note that it is not sufficient simply to assert that one of the exemptions applies and that
disclosure would be contrary to the public interest. You need to provide reasons and supporting
evidence. Also, while your comments will be taken into account, the final decision about
whether to release the documents rests with the decision maker in our agency. If the decision
maker decides to grant access to any document whose release you opposed and you have made
a submission in support of your contention that the document is exempt under one of the
provisions of the FOI Act above, you will be given written notice of the decision and the
opportunity to seek review of the decision before the document is released.
Disclosure log
If we decide to grant access to the requested document we are generally obliged to publish the
information on our disclosure log.
How to make your submission
Please send your comments in writing by close of business on 31 May 2022 by return email to
me. Please use OAIC reference FOIREQ22/00095 in all correspondence. Please cc in
xxxxx@xxxx.xxx.xx in all correspondence.
If a response is not received by this date, I will assume you do not object to the release of the
document.
If you have any questions, please feel free to contact me.
Kind regards,
Llewellyn

s47E(d)

the FOI Guidelines, available at www.oaic.gov.au/freedom-of-information/foi-guidelines/part-6-
conditional-exemptions.
If it is your view that any of the documents falls within the scope of the exemptions outlined
above, would you please consider whether deletion of any specific information from the relevant
document (under section 22) would address your objections.
Please note that it is not sufficient simply to assert that one of the exemptions applies and that
disclosure would be contrary to the public interest. You need to provide reasons and supporting
evidence. Also, while your comments will be taken into account, the final decision about
whether to release the documents rests with the decision maker in our agency. If the decision
maker decides to grant access to any document whose release you opposed and you have made
a submission in support of your contention that the document is exempt under one of the
provisions of the FOI Act above, you will be given written notice of the decision and the
opportunity to seek review of the decision before the document is released.
Disclosure log
If we decide to grant access to the requested document we are generally obliged to publish the
information on our disclosure log.
How to make your submission
Please send your comments in writing by close of business on 31 May 2022 by return email to
me. Please use OAIC reference FOIREQ22/00095 in all correspondence. Please cc in
xxxxx@xxxx.xxx.xx in all correspondence.
If a response is not received by this date, I will assume you do not object to the release of the
document.
If you have any questions, please feel free to contact me.
Kind regards,
Llewellyn

O A I C logo  Llewellyn Horgan | Graduate
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au
+61 2 9942 4234 |  xxxxxxxxx.xxxxxx@xxxx.xxx.xx

Notice:
The information contained in this email message and any attached files may be
confidential information, and may also be the subject of legal professional privilege. If you
are not the intended recipient any use, disclosure or copying of this email is unauthorised.
If you received this email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra time) and
delete all copies of this transmission together with any attachments.
The content of this email is confidential and intended for the recipient only. Any unauthorised use,
disclosure, copying or distribution is strictly prohibited and may be unlawful. If you have received this
message in error, confidentiality is not waived and you must not disclose or use the information in it.
Please reply to this message and delete it from your system. Our Privacy Policy available at
alintaenergy.com.au/privacy tells you how we handle your personal information, including how you
can access it, have it corrected, or make a complaint. Please do not print this email unless it is
necessary. Every unprinted email helps the environment.

Dear Privacy Officer,
I am writing to inform you that the Office of the Australian Information Commissioner (OAIC) has
received a freedom of information (FOI) request, which includes a document containing the
business information of Alinta Energy.
The relevant document is attached.  Please note that the attached document also contains
material that is already publicly available and we are not seeking your comment on this
information. We are only seeking your comment on the material that has been highlighted in the
attached document. Please note that the attached documents also contains non-publicly known
information that we are not intending to externally disclose and that this information has been
redacted from the attachment.
Under the Freedom of Information Act 1982 (FOI Act), when we receive a request covering
documents of this kind and we believe the person or organisation concerned may wish to
contend that the documents are exempt from release, we are required to consult before
releasing the documents, if it is reasonably practicable to do so (under s 27 of the FOI Act).
Opportunity to make a submission
I invite you to make submissions raising any objections you may have to the release of the
attached document under the following exemptions in the FOI Act (paraphrased):
Section 47G(1) – disclosure of the document 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 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.

We note that more information about s47G is available in the Part 6 (Conditional exemptions) of
the FOI Guidelines, available at www.oaic.gov.au/freedom-of-information/foi-guidelines/part-6-
conditional-exemptions.
If it is your view that any of the documents falls within the scope of the exemptions outlined
above, would you please consider whether deletion of any specific information from the relevant
document (under section 22) would address your objections.
Please note that it is not sufficient simply to assert that one of the exemptions applies and that
disclosure would be contrary to the public interest. You need to provide reasons and supporting
evidence. Also, while your comments will be taken into account, the final decision about
whether to release the documents rests with the decision maker in our agency. If the decision
maker decides to grant access to any document whose release you opposed and you have made
a submission in support of your contention that the document is exempt under one of the
provisions of the FOI Act above, you will be given written notice of the decision and the
opportunity to seek review of the decision before the document is released.
Disclosure log
If we decide to grant access to the requested document we are generally obliged to publish the
information on our disclosure log.
How to make your submission
Please send your comments in writing by close of business on 31 May 2022 by return email to
me. Please use OAIC reference FOIREQ22/00095 in all correspondence. Please cc in
xxxxx@xxxx.xxx.xx in all correspondence.