23 Marcus Clarke Street
Canberra ACT 2601
GPO Box 3131
Canberra ACT 2601
tel: (02) 6243 1111
Our ref:
PRJ1006037
fax: (02) 6243 1199
Contact officer:
FOI Team
Contact phone:
02 6243 1244
www.accc.gov.au
28 July 2022
JS
Sent via email to: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear JS
Decision on freedom of information request
I refer to your email dated 30 May 2022 in which you request access, under the
Freedom of Information Act 1982 (Cth) (FOI Act), to:
a copy of the originating/ initiating court documents in the matter of Australian Competition
and Consumer Commission v Uber B.V. (Uber).
Usually such documents are published with the ACCC Media release but not so in the
Uber matter. Media Release 26 April 2022
I note that while the ACCC usual y publishes the concise statement with the ACCC
media release, where the parties resolve the dispute prior to filing the originating
proceedings it is not our usual practice to publish originating documents.
Decision
I have decided to refuse release of these documents to you in ful in accordance with
the Schedule (Attachment A). Detailed reasons for refusing certain documents are
set out in below. Your review rights are set out in Attachment B.
I am authorised under s.23 of the Act to make this decision.
Reasons
Please note, documents that are available for purchase by the public are excluded
from access under the FOI Act.
Section 12(1)(b) – Document open to public access subject to a fee or charge
The requested documents are open to public access as contemplated by section
12(1)(b) of the FOI Act. Section 12(1)(b) provides that a person is not entitled to
access a document which is open to public access, as part of a public register or
otherwise, in accordance with another enactment, where that access is subject to a
fee or other charge.
I am of the view that the documents are open to public access in accordance with
section 12(1)(b) of the FOI Act because the documents have been filed with the
Federal Court of Australia and are subject to access arrangements in place under the
Federal Court Rules.
Accordingly, I am of the view that section 12(1)(b) applies to the document and
access is therefore excluded under the FOI Act.
Charges
There are no charges for processing your request.
Yours sincerely
Kate McIntyre
Principal Lawyer
Specialist Advice and Services Division
Sent by email 28/07/2022
2
Understanding the Schedule
In relation to the Schedule, please note:
(a) Column 1 of the Schedule refers to each document by a document number created
for the purpose of processing this request;
(b) Column 2 of the Schedule gives, where applicable, the name and organisation of the
author of the document;
(c) Column 3 of the Schedule gives, where applicable, the name and organisation of the
addressee of the document;
(d) Column 4 of the Schedule shows the date appearing on the document;
(e) Columns 5 and 6 of the Schedule briefly describes the document or, where
applicable, each part of a composite document;
(f) Column 7 of the Schedule gives the number of pages of the document or, where
applicable, each part of a composite document;
(g) Column 8 of the Schedule shows my decision on whether, and what form, access has
been granted to the document, where applicable;
(h) Column 9 of the Schedule sets out my findings on material questions of fact and the
reasons for my decision. The subsection or paragraph referred to is the subsection or
paragraph of the Act relied upon in support of each claim of exemption from
disclosure. I have outlined my reasons for decision in attachment B.
ATTACHMENT A
Schedule of documents
Doc Author
Addressee
Date
Doc Type Description
No of Access
Findings, Reasons and
No
Pages
Brief Description
1
ACCC/Uber
26/04/2022 Affidavit
Affidavit of A Riordan
60
Refused s 12(1)(b) - Document open
attaching Statement of
to public access subject to a
Agreed Facts and
fee or charge
Admissions and Joint
Submissions
2
ACCC/Uber
26/04/2022 Originating Originating Application
7
Refused s 12(1)(b) - Document open
Application
to public access subject to a
fee or charge
ATTACHMENT B
INFORMATION ON RIGHTS OF REVIEW
1.
ACCC Internal Review
Under s.54 of the FOI Act, you can apply for an internal review of my decision by writing
to the ACCC within 30 days of receipt of this letter indicating that you seek an internal
review of this decision.
If you make an application for review, another officer of the ACCC wil review and make
another decision in regards to these documents.
There is no charge payable for requesting an internal review. No particular form is
required to apply for review. You wil need to set why the decision should be changed.
Please send any correspondence to:
FOI Team
Australian Competition & Consumer Commission
GPO Box 3131
Canberra ACT 2601
Email: xxx@xxxx.xxx.xx
If you make an application for internal review and we do not make a decision within 30
days or such further period as the IC al ows, the original decision is considered affirmed.
In such circumstances, you can seek review of our deemed decision by the IC.
2.
Review by the Information Commissioner
You may ask for a review of a decision by the Australian Information Commissioner (IC).
You do not have to go through our internal review process first for this process. If you do
choose to seek an internal review, you can stil seek IC review for the internal review
decision if we refuse access to the documents.
You must apply in writing and you can lodge your application in one of the fol owing ways:
Online: www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Fax: +61 2 9284 9666
Email: xxxxx@xxxx.xxx.xx
If you disagree with the Information Commissioner’s review decision, you can appeal to
the Administrative Appeals Tribunal (AAT).
Attachment B
1
The Tribunal is a completely independent review body with the power to make a fresh
decision. A filing fee of $920.00 (as at 1 July 2018) should accompany your application,
unless you are granted legal aid or you come within an exempt category of persons
(check with the Tribunal registry in your State). The Registrar or Deputy Registrar may
waive the fee on the ground that its payment would impose financial hardship on you. The
fee may be refunded if you are successful.
3.
Complaint to the Information Commissioner
You may request the Information Commissioner to investigate action taken by the ACCC
in relation to this Freedom of Information request. There is no fee for making a complaint.
The Information Commissioner wil consider your complaint and, if appropriate, conduct
an investigation into it. Any investigation wil be completely independent.
You must lodge your complaint in writing and do so in one of the fol owing ways:
Online: www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Fax: +61 2 9284 9666
Email: xxxxx@xxxx.xxx.xx
Attachment B
2
