Someone

By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Our reference: LEX 86
Dear Someone
Freedom of Information request
1.  I am writing about your Freedom of Information (FOI) request under the Freedom of
Information Act 1982 (FOI Act) made on 1 May 2022 for access to documents held by the
Australian Public Service Commission (Commission).
2.  The FOI Act and all other Commonwealth legislation referred to in this letter are publicly
available from www.legislation.gov.au
Documents relevant to your request
3.  You requested access to documents in the following terms:
“…
I refer to the Commonwealth Ombudsman’s investigation report …which was, in October
2020, provided to the Australian Public Service Commissioner…  Peter Woolcott. That
report states, pursuant to s.51(2)(d) of the Public Interest Disclosure Act 2013:
“That the Commonwealth Ombudsman recommends to the [APSC] that it: (i) reviews any
internal guidance materials for [APSC] staff relating to dissemination limiting markers;
and (ii) provides further training to its Legal Services area with respect to their correct
usage. “
Under the FOI Act, I seek a copy of any document(s) that demonstrates the the APSC gave
effect to those two statutory recommendations made by the Commonwealth Ombudsman in
accordance with s.51(2)(d) of the Public Interest Disclosure Act 2013.
…”
4.  I have attached a schedule at Attachment A  to this letter setting out the documents
identified relevant to your request.
B Block, Treasury Building
Parkes Place West PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2600

5.  Documents 1-4 relate to Part 1 of your request. Documents 1 and 2 show the Commission
encouraging its staff to undertake additional security awareness training. Documents 3 and
4 show the Commission staff positively engaging with undertaking this additional security
awareness training.
6.  Documents  5-8  relate  to Part 2 of your request.  Document 5 was extracted from the
Commission’s training database and contains material relating to Legal Services staff
attending  the Commission’s  Security Awareness Training,  which covers dissemination
limiting markers. Documents 6-8 contain material which shows Legal Services staff being
asked  to undertake additional security awareness training and attend security awareness
training sessions.
Decision
7.  I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
8.  I have decided to grant you access to the documents in part because I consider parts of the
documents are exempt.
9.  Attachment A sets out the grounds on which the documents are exempt.
10. My reasons are set out in Attachment B.
Deletion of exempt matter or irrelevant material
11. Section 22 of the FOI Act requires an agency to provide access to an edited version of a
document where it is reasonably practicable to edit the document to remove exempt
material or material that is irrelevant to the scope of a request.
Contacts
12. If you require clarification on matters in this letter please contact the Commission’s FOI
Officer by telephone on (02) 6202 3500 or by email at xxx@xxxx.xxx.xx.
Review rights
13. You are entitled to seek review of this decision.  Your review rights are set out at
Attachment C.
Yours sincerely

Giorgina Strangio
Authorised FOI decision maker
31 May 2022

ATTACHMENT A
SCHEDULE OF DOCUMENTS
Document Description
Exemption

Part A of your request
1
Corporate update for October 2021 encouraging staff to take additional security awareness training
Sections 22 and 47F

(personal privacy) of the

FOI Act apply.
2
Corporate update for November 2021 encouraging staff to take additional security awareness training
Sections 22 and 47F

(personal privacy) of the

FOI Act apply.
3
Executive update
Sections 22 and 47F
(personal privacy) of the
FOI Act apply.
4
Attachment to executive update
Section 22 of the FOI Act
apply

Part B of your request
5
Extract from the Commission’s training database showing legal staff who attended the updated
Sections 22 and 47F

Security Awareness Training Session.
(personal privacy) of the

FOI Act apply.
6
Email to Legal Services staff regarding additional security awareness training
Sections 22 and 47F
(personal privacy) of the
FOI Act apply.
7
Email to Legal Services staff regarding additional security awareness training
Sections 22 and 47F
(personal privacy) of the
FOI Act apply.
8
Email to Legal Services area staff regarding security awareness training
Sections 22 and 47F
(personal privacy) of the
FOI Act apply.

ATTACHMENT B
Reasons for decision
1.  I have decided to refuse access to some material in the documents  because I have
determined those parts are exempt.
2.  In making my decision I considered:
•  the terms of your request;
•  the contents of the documents;
•  the FOI Act; and
•  the FOI Guidelines issued by the Australian Information Commissioner.
Section 47F – personal information
3.  Section 47F of the FOI Act provides that a document is conditionally exempt if it would
involve the unreasonable disclosure of personal information about any person.
4.  Personal information means information or an opinion about an identified individual, or an
individual who is reasonably identifiable whether:
•  the information or opinion is true or not; and
•  the information or opinion is recorded in a material form or not.
5.  Other than document 4, the documents contain the names, positions, email addresses and
phone numbers of public servants.
6.  I have had regard to the matters I must consider under subsection 47F(2) of the FOI Act in
determining whether the disclosure of the documents  would involve the unreasonable
disclosure of personal information.
7.  Relevant to personal information of public servants, under the FOI Act there is no
presumption that agencies and ministers should start from the position that the inclusion of
the full names of staff in documents increases transparency and the objects of the FOI Act:
Warren; Chief Executive Officer, Services Australia and (Freedom of information) [2020]
AATA 4557 at [83].
8.  With the substantial increase in electronic requests and related correspondence, a rise in
anonymous applications as well as requests affecting the safety and wellbeing of
employees, the Commission now assesses whether a disclosure of public servants’ personal
information in requests is unreasonable under section 47F of the FOI Act.
9.  I have identified the following factors that, in my view, do not support release of certain
public servants’ personal information under section 47F of the FOI Act:
•  the individuals’ personal information, in particular their names, will identify them;
•  the names and contact details are generally not well known or publicly available;

- 5 -
•  the disclosure of this information will not advance scrutiny of any decisions falling
within the scope of your FOI request, particularly with regard to staff who are not
relevant decision-makers and non-SES staff members who are acting under the
direction of senior staff within relevant agencies in the course of their ordinary duties;
•  the release of some of the individuals’ personal information may cause stress for them
or other detriment; and
•  no public purpose or interest in increasing transparency of government would be
achieved through the release of the information.
10. I have therefore decided to the extent that the documents include  personal information,
those parts are conditionally exempt from disclosure under section 47F of the FOI Act
because disclosure would involve the unreasonable disclosure of personal information.
Section 11A – public interest test
11. Subsection 11A(5) of the FOI Act provides that an agency must give access to a document
if it is conditionally exempt unless access to the document would, on balance, be contrary
to the public interest.
12. I have considered the public interest exemption factors in favour of disclosure at subsection
11B(3) of the FOI Act, including the extent to which access to the document would promote
the objects of the FOI Act.
13. I have identified the following factors as weighing against disclosure:
•  disclosure of certain personal information (including email addresses) will not advance
any scrutiny of any decisions falling within the scope of your FOI request;
•  disclosure of the personal information could reasonably be expected to prejudice the
protection of the individuals’ right to privacy;
•  there is a public interest in APS employers fulfilling their obligations under the Work
Health and Safety Act 2011, in particular by preventing the exposure of staff members
from potential harassment or threats in a public forum; and
•  disclosure may undermine the Commission’s relationship with agencies and third party
individuals, and would do little to enhance scrutiny of government decisions.
14. Subsection 11B(4) of the FOI Act lists factors that are irrelevant to determining whether
access would be in the public interest. I have not considered these factors.
15. On balance, I find disclosure of some parts of the requested documents would be contrary
to the public interest.  To the extent that the material contained in the documents is
conditionally exempt under 47F of the FOI Act, those parts are exempt from disclosure.
Edited versions of the documents are therefore provide pursuant to section 22 of the FOI
Act.

Rights of Review
Asking for a full explanation of a Freedom of Information decision
If you are dissatisfied with this decision, you may seek review. Before you seek review of a
Freedom of Information (FOI) decision, you may contact us to discuss your request and we
will explain the decision to you.
Seeking review of a Freedom of Information decision
If you still believe a decision is incorrect, the Freedom of Information Act 1982 (the FOI Act)
you may be able to apply for a review of the decision. Under sections 54 and 54L of the FOI
Act, you can apply for a review of an FOI decision by seeking:
1.  an internal review by an different officer of the Australian Public Service
Commission; and/or
2.  external review by the Australian Information Commissioner.
There are no fees applied to either review option.
Applying for a review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be made in writing within 30 days of receiving this letter
to:
Email:
xxx@xxxx.xxx.xx
Post:
The FOI Officer

Australian Public Service Commission

B Block, Treasury Building
GPO Box 3176

Parkes Place West
PARKES ACT 2600
You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original FOI decision or the internal review decision, you can ask
the Australian Information Commissioner to review the decision. You have 60 days to apply
in writing for a review by the Office of the Australian Information Commissioner (the OAIC)
from the date you received this letter or any subsequent internal review decision.
You can lodge your application:

Online:
www.oaic.gov.au
Post:
Australian Information Commissioner

GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
The OAIC encourage applicants to apply online. Where possible, to assist the OAIC you
should include your contact information, a copy of the related FOI decision and provide
details of your reasons for objecting to the decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the Information Commissioner concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act. There is no fee
for making a complaint. A complaint to the Information Commissioner must be made in
writing. The Information Commissioner's contact details are:
Telephone:
1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman
You may complain to the Ombudsman concerning action taken by an agency in the exercise
of powers or the performance of functions under the FOI Act. There is no fee for making a
complaint. A complaint to the Ombudsman may be made in person, by telephone or in
writing. The Ombudsman's contact details are:
Phone:
1300 362 072
Website:
www.ombudsman.gov.au

Document Outline