Our ref: FOI LEX 45273
Decision date: 30 September 2022
Applicant: BE
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear BE,
Freedom of Information Request: FOI LEX 45273
1.
I refer to your correspondence received by the Department of Social Services
(
the Department) on 4 August 2022, in which you requested access to
documents under the
Freedom of Information Act 1982 (Cth) (
FOI Act).
2.
You sought access to the Department's Question Time Briefs (
QTBs) for the
47th Parliament. The full scope of your FOI request is set out at paragraph 6 of
this Notice.
3.
I have made a decision to grant you
part access to 59 documents relevant to
your request.
4.
The documents that I have chosen to grant
part access to are listed at
Appendix 1, together with the relevant FOI Act exemption provisions. In
accordance with section 22 of the FOI Act, I have provided access to an edited
copy of the documents.
Authority to make decision
5.
I am an officer authorised by the Secretary of the Department to make
decisions about access to documents in the possession of the Department in
accordance with subsection 23(1) of the FOI Act.
Background
6.
On 4 August 2022, you sent the Department a request for access to the
following documents (
FOI request):
… Question Time briefs (however described). This request is limited to
Question Time briefs for the 47th Parliament (ie Question Time briefs
prepared for 27 – 28 July and 1-4 August 2022).
I also request a copy of the Department’s current index of Question
Time briefs.
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Duplicate copies of the same document are not required, although
different or updated versions of a document are. If a document
contains tracked changes or comments, it is requested that the
document be provided in a form where all tracked changes and
comments are visible.
Names and contact details for departmental staff below the SES level
are not required and can be treated as irrelevant under s22 of the Act
for the purposes of this request.
7.
On 10 August 2022, the Department acknowledged your request and advised
you that a decision on your request was due by 5 September 2022.
8.
On 17 August 2022, the Department advised you that your request was too
large to process and asked you to consider revising the scope of your request.
On the same day, you agreed to reduce the scope of your request, to “
the
current versions of the QTBs held by the Department on 4 August 2022…” You
confirmed that you still sought access to an index of the QTBs as at that date.
9.
On 29 August 2022, you agreed to treat the schedule of documents in
Appendix 1 as satisfying paragraph 2 of your request for an index of QTBs.
10. I have decided not to impose a charge in relation to this request, in accordance
with Regulation 8 of the
Freedom of Information (Charges) Regulations 2019.
Decision
11. In response to your FOI request, the Department undertook a reasonable
search of its records and has identified 59 documents, totalling 313 pages,
relevant to your request (
the documents).
Appendix 1 provides an index of all
of these documents.
12. As part of this decision, I have reviewed these search efforts and am satisfied
that reasonable searches were undertaken in response to your request and that
to best of my knowledge, all relevant documents have been identified.
13. I have made a decision to grant you part access to the documents subject to
section 47F of the FOI Act. My reasons for the decision follow.
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14. I have also made an annotation to document 5, located on page 30 of the
document bundle. This annotation highlights where the document contains a
factual error and provides you with the corrected information. The figure of
‘14,000’ was incorrectly recorded due to a reporting error and was later
removed in a recent version of the QTB on 5 August 2022. I have chosen to
annotate this incorrect information, rather than redact it, because paragraph
11B(4)(a) of the FOI Act states that an FOI decision maker who is considering
the application of conditional exemptions,
cannot consider whether release of
particular information would result in a misunderstanding or misinterpretation.
Material taken into account
15. When making my decision I considered the following:
a)
the terms of your original request;
b)
the types of information and documents that are in the Department’s
possession;
c)
consultation with relevant business areas on the documents falling within
scope of your request; and
d)
the content of the documents that fall within the scope of your request.
16. I also particularly considered the following provisions of the FOI Act:
a)
section 3 which outlines the objects underpinning that right of access;
b)
sections 11 and 11A which give the Australian community a legally
enforceable right to access information held by the Government of the
Commonwealth;
c)
section 11B to assess whether release of a conditionally exempt
document was contrary to the public interest;
d)
section 22 which requires the release of exempt documents in an edited
form in certain circumstances, including the removal of information that
would reasonably be regarded as exempt or irrelevant;
e)
section 47F (Conditional exemption-Personal privacy) as is relevant to
each of the documents.
17. I have also considered the Guidelines issued by the Australian Information
Commissioner under section 93A of the FOI Act (
FOI Guidelines).
18. Full extracts of provisions of the FOI Act that I have relied upon are in
Appendix 3.
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Reasons for decision
19. I have decided to
grant part access to
59 documents within the scope of your
request in accordance with the following provisions of the FOI Act.
Public interest conditional exemptions--personal privacy (section 47F)
20. Section 4 of the FOI Act confirms that
personal information has the same
meaning as is defined in section 6 of the
Privacy Act 1988 (
Privacy Act), which
is:
...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;
(b)
whether the information or opinion is recorded in a material form or
not.
21. Subsection 47F(2) of the FOI Act provides the following factors that an FOI
decision maker should take into account when considering the application of
this conditional exemption provision:
(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;
and
(d)
any other matters the decision maker considers relevant.
22. I have identified material within the documents that discloses the direct contact
details, including mobile numbers of Senior Executive Service (
SES)
Commonwealth staff. I am satisfied that this material meets the definition of
personal information for the purposes of both the FOI Act and Privacy Act and
is not otherwise in the public domain.
23. The Department has policies and procedures to ensure that its staff are well
supported and that their privacy is protected within and outside of their
employment environment. I consider that the release of SES mobile numbers
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would be unreasonable as it would disclose to the public, a direct line of contact
to those SES staff that is additional to the contact information already publicly
available. It is important that all staff are afforded some privacy and protection
and I consider that the disclosure of SES mobile numbers and direct phone
numbers would have an unreasonable effect on the privacy of those individuals.
24. Accordingly, I have made a decision to redact this material under section 47F of
the FOI Act. As section 47F is a conditional exemption, its application also
requires the consideration of the public interest test, which I have discussed
below.
Application of the public interest test – sections 47F
25. Where material is identified as conditionally exempt, subsection 11A(5) of the
FOI Act provides that an agency must give the person access to the document
unless (in the circumstances) access to the document would, on balance, be
contrary to the public interest.
26. In order to assess whether release of the conditionally exempt material would
be contrary to the public interest, I have considered that disclosure would
promote the objects of the FOI Act by providing access to government held
information.
27. I have also considered that disclosure could reasonably be expected to
prejudice the protection of individual’s right to privacy, including that of
Commonwealth staff.
28. I am not satisfied that disclosure of the SES staff mobile and direct phone
numbers, would necessarily promote the objects of the FOI Act to any great
extent. Instead, I consider that disclosure could reasonably be expected to
prejudice the protection of third-party rights to privacy.
29. I am satisfied that I have not considered any of the listed irrelevant factors for
consideration, as set out in subsection 11B(4) of the FOI Act.
30. I have placed greater weight on the factor against disclosure and on balance, I
consider the public interest factor against disclosure to be more persuasive
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than the public interest factor favouring disclosure. I am satisfied that the public
interest is to withhold the exempt material.
Delete exempt or irrelevant material from documents and provide access to
edited copies (section 22)
31. As explained above, some of the documents contain material which I have
decided to redact under section 47F of the FOI Act.
32. At the time of your initial request, you agreed to the removal of non-SES staff
names and contact details as out of scope from your request.
33. In accordance with section 22 of the FOI Act, I have prepared the documents
for release by removing this exempt and out of scope material.
Other matters
34. A number of the QTBs as at 4 August 2022, contain material that was prepared
by the respective Minister’s Office. This material is listed at Appendix 2.
Release of documents
35. As detailed above, the documents with redactions applied in accordance with
sections 22 and 47F of the FOI Act are enclosed.
Disclosure Log Decision
36. I am of the view that details of your request should be made available on the
Department’s FOI Disclosure Log. Accordingly, details of your request will be
published on the Department’s FOI Disclosure Log.
37. Please note that the Department does not publish details of FOI applicants, it
only publishes details of the FOI request and the documents released in
response to the request.
Your rights of review
38. Information about your rights to seek a review of this decision are at
Attachment A.
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39. Should you have any enquiries concerning this matter please do not hesitate to
contact the FOI team by email at xxx@xxx.xxx.xx.
Yours sincerely,
Renee W
A/g Director
FOI Section
Legal Services Branch
30 September 2022
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Appendix 1
No. of
Access
Exemption
Doc No.
Date
Description
pages
decision provision
Communities (QB22-000014)
Part
1.
1-6 20/07/2022 Support for Volunteering - Volunteer Management Activity, Volunteer
release 47F
Grants
Communities (QB22-000015)
Part
2.
7-9 20/07/2022
47F
Restoring Respect for the Community Sector
release
Communities (QB22-000016)
Part
3. 10-17 22/07/2022
47F
Top Up Financial Wellbeing Funding (COVID and Floods)
release
Communities (QB22-000020)
Part
4. 18-23 21/07/2022
47F
Response to the Review of Financial Counselling
release
Communities (QB22-000061)
Part
5. 24-31 03/08/2022 Abolishing the Cashless Debit Card and the future of Income
release 47F
Management
Communities (QB22-000062)
Part
6. 32-39 20/07/2022
47F
Gambling Policy
release
Community Grants Hub (QB22-000074)
Part
7. 40-41 26/07/2022
47F
Approach for the Indexation of Grants
release
Disability Strategy (QB22-000021)
Part
8. 42-45 20/07/2022
47F
Disability Royal Commission
release
Disability Strategy (QB22-000022)
Part
9. 46-55 20/07/2022
47F
Australia's Disability Strategy 2021-2031
release
Disability Strategy (QB22-000075)
Part
10.
56-61 26/07/2022
47F
National Autism Strategy
release
Disability Strategy (QB22-000076)
Part
11.
62-66 25/07/2022 Information, Linkages and Capacity Building (ILC) Program - Offer to
release 47F
Extend
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24
Disability Strategy (QB22-000082)
Part
12.
67-72
02/08/2022 **NEW** Boosting readiness for educational environments for children release 47F
with disability or developmental concerns
Disability, Employment and Carers (QB22-000063)
Part
13.
73-76
20/07/2022
47F
Supported Employment (Activ)
release
Disability, Employment and Carers (QB22-000064)
Part
14.
77-81
20/07/2022
47F
Disability Employment
release
Disability, Employment and Carers (QB22-000070)
Part
15.
82-84
21/07/2022 Pause on Mutual Obligation requirements for Disability Employment
release 47F
Services (DES) participants
Families (QB22-000025)
Part
16.
85-90
21/07/2022 Safe and Supported: the National Framework for Protecting Australia's release 47F
Children 2021 2031 (Four Corners/ABC Story)
Families (QB22-000054)
Part
17.
91-94
21/07/2022 National Memorial for Victims and Survivors of Institutional Child
release 47F
Sexual Abuse
Families (QB22-000080)
Part
18.
95-99
01/08/2022 *NEW* Productivity Commission Closing the Gap Annual Data
release 47F
Compilation Report July 2022
100-
Participants and Performance (QB22-000039)
Part
19.
25/07/2022
47F
104
NDIS Legislation – timing of rules to give effect to the PSG
release
Participants and Performance (QB22-000044)
Part
105-
20.
01/08/2022 NDIS performance (people supported, outcomes achieved, access in
release 47F
111
remote areas)
112-
Participants and Performance (QB22-000046)
Part
21.
01/08/2022
47F
116
Over 65 years eligibility for the NDIS
release
117-
Participants and Performance (QB22-000047)
Part
22.
03/08/2022
47F
121
Hospital Discharge Delays for NDIS participants
release
122-
Participants and Performance (QB22-000048)
Part
23.
01/08/2022
47F
129
Funding for Participant Plans (claims of cuts)
release
Page
9 of
24
130-
Participants and Performance (QB22-000049)
Part
24.
25/07/2022
47F
133
Review of the National Disability Insurance Scheme
release
134-
Participants and Performance (QB22-000050)
Part
25.
27/07/2022
47F
137
AAT appeals and alternative dispute resolution
release
Participants and Performance (QB22-000078)
Part
138-
26.
26/07/2022 NEW - NDIS eligibility for children born in Australia to two New
release 47F
140
Zealand parents
141-
Participation and Family Payments (QB22-000023)
Part
27.
20/07/2022
47F
144
Enhanced Paid Parental Leave for Families
release
145-
Participation and Family Payments (QB22-000017)
Part
28.
27/07/2022
47F
147
Robodebt Royal Commission
release
148-
Participation and Family Payments (QB22-000018)
Part
29.
26/07/2022
47F
150
Douglas decision impact on Child Support, FTB and Social Security
release
151-
Participation and Family Payments (QB22-000019)
Part
30.
25/07/2022
47F
154
Reinstatement of NHE Crisis Payment
release
155-
Participation and Family Payments (QB22-000024)
Part
31.
01/08/2022
47F
160
JobSeeker Payment
release
161-
Participation and Family Payments (QB22-000067)
Part
32.
27/07/2022
47F
164
Social Security Payment Accuracy, Debt and Compliance
release
165-
Participation and Family Payments (QB22-000069)
Part
33.
04/08/2022
47F
171
Single Parent Payments
release
172-
Pensions, Housing and Homelessness (QB22-000052)
Part
34.
01/08/2022
47F
177
Family and Domestic Violence Housing
release
178-
Pensions, Housing and Homelessness (QB22-000031) Housing and
Part
35.
22/07/2022
47F
183
homelessness reforms
release
Pensions, Housing and Homelessness (QB22-000032)
Part
184-
36.
01/08/2022 Housing and rental affordability, including Commonwealth Rent
release 47F
189
Assistance (CRA)
190-
Pensions, Housing and Homelessness (QB22-000033)
Part
37.
22/07/2022
47F
194
National Housing and Homelessness Agreement
release
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24
195-
Pensions, Housing and Homelessness (QB22-000042)
Part
38.
01/08/2022
47F
199
Home Equity Access Scheme (formerly Pension Loans Scheme)
release
200-
Pensions, Housing and Homelessness (QB22-000043)
Part
39.
22/07/2022
47F
205
Indigenous Housing
release
206-
Pensions, Housing and Homelessness (QB22-000045)
Part
40.
22/07/2022
47F
210
National Rental Affordability Scheme
release
211-
Pensions, Housing and Homelessness (QB22-000053)
Part
41.
22/07/2022
47F
214
Support for Self Funded Retirees, Deeming Rates
release
215-
Pensions, Housing and Homelessness (QB22-000055)
Part
42.
28/07/2022
47F
219
Age Pension and Indexation
release
220-
Pensions, Housing and Homelessness (QB22-000056)
Part
43.
01/08/2022
47F
224
Poverty and Inequality/ Cost of living
release
225-
Pensions, Housing and Homelessness (QB22-000058)
Part
44.
01/08/2022
47F
229
Employment incentives for seniors
release
230-
Pensions, Housing and Homelessness (QB22-000060)
Part
45.
20/07/2022
22 and 47F
231
Unlegislated unimplemented Measures
release
Pensions, Housing and Homelessness (QB22-000068)
Part
232-
46.
01/08/2022 Delay to implementation of commitment to increase the
release 47F
234
Commonwealth Seniors Health Card income limits
235-
Pensions, Housing and Homelessness (QB22-000071)
Part
47.
04/08/2022
47F
240
Key facts social housing and homelessness
release
241-
Redress (QB22-000034)
Part
48.
02/08/2022
47F
244
National Redress Scheme
release
245-
Strategic Policy Markets and Safeguards (QB22-000035)
Part
49.
25/07/2022
47F
248
NDIS Workforce
release
249-
Strategic Policy Markets and Safeguards (QB22-000037)
Part
50.
03/08/2022
47F
254
Disability Accommodation & SDA Housing
release
255-
Strategic Policy Markets and Safeguards (QB22-000065)
Part
51.
26/07/2022
47F
263
COVID-19 Vaccine Rollout - Key data
release
Page
11 of
24
264-
Strategic Policy Markets and Safeguards (QB22-000066)
Part
52.
02/08/2022
47F
267
NDIS Quality and Safeguarding
release
268-
Strategic Policy Markets and Safeguards (QB22-000081)
Part
53.
01/08/2022
47F
273
*NEW* Covid response for People Living with Disability
release
274-
Women’s Safety QB22-000026)
Part
54.
26/08/2022
47F
280
DFSV Commission
release
281-
Women’s Safety QB22-000030)
Part
55.
20/08/2022
47F
284
1800RESPECT
release
285-
Women’s Safety QB22-000036)
Part
56.
20/07/2022
47F
289
Women's Safety Election Commitments
release
Women’s Safety QB22-000038)
Part
290-
57.
01/08/2022 National Plan to End Violence against Women and Children 2022-
release 47F
298
2032
299-
Women’s Safety QB22-000040)
Part
58.
21/07/2022
47F
302
Escaping Violence Payment
release
303-
Women’s Safety QB22-000077)
Part
59.
03/08/2022
47F
313
Domestic Violence in the Northern Territory
release
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Appendix 2
Schedule of QTBs containing material inserted by the Ministers’ Offices
FOI LEX 45273
Doc
Material inserted by the Ministers’ Offices
Pages
Description
No.
Page 1 – fifth dot point
Communities (QB22-000014)
Page 4 – input into all dot points
Support for Volunteering -
1.
1-6
Volunteer Management Activity,
Page 5 – both dot points under the first question
Volunteer Grants
Page 5 – second and third dot points under the second question
Page 5 – first dot point under the third question
Communities (QB22-000015)
Page 7 – second, third, fourth and fifth dot points
2. 7-9 Restoring Respect for the
Page 8 – last dot point
Community Sector
Page 10 – all material under ‘Headline response’
Page 12 – input into all sub points
Page 13 – input into all sub points
Page 14 – first dot point under the first question
Communities (QB22-000016)
3. 10-17 Top Up Financial Wellbeing
Page 14 – input into first dot point under the second question
Funding (COVID and Floods)
Page 15 – all material
Page 16 – input into second dot point
Page 17 – input into first dot point under ‘Locational/place
considerations’
Page 17 – last dot point
Communities (QB22-000020)
4. 18-23 Response to the Review of
Page 20 – input into first dot point
Financial Counselling
Page 21 – all dot points under ‘Regulation of Buy Now Pay later’
5. 24-31 Communities
(QB22-000061)
Page 24 – first, second, third and fourth dot points
Page
13 of
24
Abolishing the Cashless Debit
Page 24 – input into final dot point
Card and the future of Income
Page 25 – input into the second dot point
Management
Page 25 – third dot point
Page 27 – first, second, third and fourth dot points
Page 27 – input into the fifth dot point
Page 28 – input into the third question
Page 28 – first dot point under the third question
Page 29 – input into the third dot point
Page 29 – question and dot points under the question
Page 30 – all material
Page 32 – first and third dot points under ‘Key Points’
Page 33 – the dot point and paragraphs 1 and 2
Communities (QB22-000062)
Page 34 – input into the first and second dot points
6. 32-39 Gambling Policy
Page 34 – fifth dot point
Page 34 – the first question
Page 37 – input into first dot point
Community Grants Hub (QB22-
000074)
Page 40 – part of third dot point and all of the following dot points
7. 40-41 Approach for the Indexation of
Page 41 – fifth dot point and sub dot point
Grants
Disability Strategy (QB22-
8. 42-45 000021)
Page 42 – first and second dot points
Disability Royal Commission
Disability Strategy (QB22-
Page 46 – first and second dot points
000022)
9. 46-55
Australia's Disability Strategy
Page 47 – third and fourth dot points
2021-2031
Page 49 – last dot point
Disability Strategy (QB22-
Page 56 – first, second, third and fourth dot points
10. 56-61 000075)
Page 59 – third and fourth dot points
Page
14 of
24
National Autism Strategy
Disability Strategy (QB22-
000082)
Page 67 – fourth dot point and all sub points and sixth dot point
**NEW** Boosting readiness for
12.
67-72
Page 68 – all material
educational environments for
Page 69 – all material
children with disability or
developmental concerns
Disability, Employment and
Page 73 – all material
13.
73-76
Carers (QB22-000063)
Page 74 – first and second dot points
Supported Employment (Activ)
Disability, Employment and
Page 77 – first, second, third and fourth dot points
14.
77-81
Carers (QB22-000064)
Disability Employment
Disability, Employment and
Page 82 – second and third dot points
Carers (QB22-000070)
Page 83 – fourth dot point
Pause on Mutual Obligation
15.
82-84
requirements for Disability
Employment Services (DES)
participants
Families (QB22-000054)
Page 93 – input into second question
National Memorial for Victims and
17.
91-94
Page 94 – input into second, twelfth and thirteenth dot points
Survivors of Institutional Child
Sexual Abuse
Families (QB22-000080)
Page 95 – all material
*NEW* Productivity Commission
18.
95-99
Page 96 – all material
Closing the Gap Annual Data
Page 96 – the question
Compilation Report July 2022
Participants and Performance
19.
100-104
Page 101 – dot point under ‘previous government’
(QB22-000039)
Page
15 of
24
NDIS Legislation – timing of rules
to give effect to the PSG
Participants and Performance
(QB22-000047)
22.
117-121 Hospital Discharge Delays for
Page 118 – dot point under ‘previous government’
NDIS participants
Participants and Performance
(QB22-000048)
23.
122-129
Funding for Participant Plans
Page 125 – dot points under ‘previous government’
(claims of cuts)
Participants and Performance
(QB22-000049)
24.
130-133
Page 131 – dot points under ‘previous government’
Review of the National Disability
Insurance Scheme
Participants and Performance
Page 135 – fourth dot point under ‘our government’
(QB22-000050)
25.
134-137
Page 135 – all dot points under ‘previous government’
AAT appeals and alternative
dispute resolution
Page 136 – fourth dot point under ‘potential hot issues”
Participation and Family
Page 145 – second dot point
28.
145-147 Payments (QB22-000017)
Robodebt Royal Commission
Participation and Family
Page 148 – third and fourth dot points
Payments (QB22-000018)
29.
148-150
Douglas decision impact on Child
Support, FTB and Social Security
Participation and Family
Page 155 – all dot points under ‘headline response’
31.
155-160 Payments (QB22-000024)
Page 158 – input into final dot point
JobSeeker Payment
Participation and Family
32.
161-164 Payments (QB22-000067)
Page 161 – third and fourth dot points
Page
16 of
24
Social Security Payment
Accuracy, Debt and Compliance
Page 165 – last dot point
Participation and Family
Page 166 – last dot point
33.
165-171 Payments (QB22-000069)
Page 168 – second question and dot points under the second
Single Parent Payments
question
Page 169 – all dot points
Pensions, Housing and
Homelessness (QB22-000031)
35.
178-183 Housing and homelessness
Page 178 – second, third and fourth dot points
reforms
Pensions, Housing and
Page 184 – first, second, third, fifth and sixth dot points
Homelessness (QB22-000032)
Page 185 – fourth, fifth and sixth dot points
36.
184-189 Housing and rental affordability,
Page 186 – first two lines (continuing from previous page)
including Commonwealth Rent
Page 186 – second dot point under ‘Rental affordability’
Assistance (CRA)
Page 187 – second dot point
Pensions, Housing and
Homelessness (QB22-000033)
37.
190-194
National Housing and
Page 190 – first, second, third and fourth dot points
Homelessness Agreement
Pensions, Housing and
39.
200-205 Homelessness (QB22-000043)
Page 200 – first dot point
Indigenous Housing
Pensions, Housing and
Homelessness (QB22-000045)
40.
206-210
National Rental Affordability
Page 206 – second, third, fourth, fifth, sixth and seventh dot points
Scheme
Pensions, Housing and
Page 219 – second and third sub points under third dot point
42.
215-219 Homelessness (QB22-000055)
Page 219 – heading ‘Deeming rates’ and dot point under heading.
Age Pension and Indexation
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Page 220 – first dot point under ‘Headline response’
Page 220 – second, third, fourth, fifth and sixth dot point under
Pensions, Housing and
heading ‘Key points’
Homelessness (QB22-000056)
Page 221 – material at top of page (continuing from page 220) first
43.
220-224 Poverty and Inequality/ Cost of
and second dot points and input into third and fourth dot points.
living
Page 222 – Question and first three dot points under the question.
Page 223 – first dot point
Page 223 – question and all material under the question.
Pensions, Housing and
Page 225 – all dot points under ‘Headline response’
Homelessness (QB22-000058)
Page 226 – first two dot points
44.
225-229 Employment incentives for
Page 226 – input into final sub dot point.
seniors
Page 227 – first two dot points
Page 235 – all dot points under ‘Headline response’
Pensions, Housing and
Page 236 – first three dot points
Homelessness (QB22-000071)
47.
235-240 Key facts social housing and
Page 236 – Heading ‘Government action’ and first two dot points
homelessness
under heading
Page 240 – second and third dot points
Strategic Policy Markets and
49.
245-248
Safeguards (QB22-000035)
Page 246 – dot point under heading ‘Previous Government’
Women’s Safety QB22-000036)
56.
285-289 Women's Safety Election
Page 285 – second dot point
Commitments
Women’s Safety QB22-000038)
Page 290 – second, and sixth dot points under ‘Headline response’
National Plan to End Violence
57.
290-298
against Women and Children
2022-2032
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Appendix 3
Schedule of relevant provisions used in making this decision
FOI LEX 45273
Excerpts from the
Freedom of Information Act 1982 (Cth)
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 or the Government of Norfolk Island,
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
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(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 following:
(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).
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 conditionally exempt.
Note 2: A conditionally 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 conditionally 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 conditionally
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 following:
(a)
promote the objects of this Act (including all the matters set out in sections 3
and 3A);
(b)
Inform debate on a matter of public importance;
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(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
(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:
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(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.
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
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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 generally be given to a conditionally 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.
47F
Public interest conditional exemptions—personal privacy
General rule
(1)
A document is conditionally 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
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(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;
(b)
a
psychiatrist;
(c)
a
psychologist;
(d)
a
counsellor;
(e)
a
social
worker.
Note: Access must generally be given to a conditionally exempt document unless it would be
contrary to the public interest (see section 11A).
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