FOIREQ22/00291 133
Contacting the FOI Section If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Nicole
Position No. 60095088
FOI Officer | Freedom of Information Section
Department of Home Affairs
Email: xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
x
Attachment A – Decision Record
x
Attachment B – Schedule of Documents
x
Documents released to you under the FOI Act
FOIREQ22/00291 135
(i ) 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
(i ) 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
(i ) 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.
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a
document contains exempt information or material that is irrelevant to the request and it is
possible for the agency to prepare an edited copy of the document with the irrelevant or
exempt material deleted, then the agency must prepare such a copy.
This edited copy must be provided to the applicant. Further, the decision maker must advise
the applicant in writing that the edited copy of the document has been prepared and of the
reason(s) for each of the deletions in the document (s.22(3) of the FOI Act).
Exempt material is deleted pursuant to s.22(1)(a)(i) and irrelevant material is deleted
pursuant to s.22(1)(a)(i ) of the FOI Act.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff and contractors engaged
in some roles. This includes their names, direct email addresses and also the mobile and
direct work telephone numbers. This material has therefore been removed under s 22
(1)(a)(i ) of the FOI Act from the documents that form the scope of your request.
You wil see these exemptions in the documents released to you as they wil be clearly
identified with ‘s 22 (1)(a)(i )’ however they will not be individually noted in the Schedule of
Documents.
37 Documents affecting enforcement of law and protection of public safety
(1) A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to:
(a) prejudice the conduct of an investigation of a breach, or possible breach, of the law,
or a failure, or possible failure, to comply with a law relating to taxation or prejudice
the enforcement or proper administration of the law in a particular instance;
(b) disclose, or enable a person to ascertain, the existence or identity of a confidential
source of information, or the non-existence of a confidential source of information, in
relation to the enforcement or administration of the law; or
(c) endanger the life or physical safety of any person.
(2) A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to:
(a) prejudice the fair trial of a person or the impartial adjudication of a particular case;
FOIREQ22/00291 137
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;
(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).
The documents that are exempt, either in full or in part, under section 47F of the FOI Act
contain personal information.
Having formed the view that the documents are of a kind to which section 47F does apply, I
am required to consider whether disclosure of the documents would be unreasonable. I took
the following information into consideration:
y
The information appears on a file that holds your personal information. This weighs in
favour of the release being reasonable.
y
The information is not your personal information. This weighs against the release being
reasonable.
y
Every person has the right to expect that their personal information wil be securely
maintained by the Department. This weighs against the release being reasonable.
y
The information does not appear to be in the public forum. This weighs against the
release being reasonable.
y
Evidence that the third party consents to the release of their personal information for the
purposes of this FOI request has not been provided in your request.
FOIREQ22/00291 138
On balance I believe it would be unreasonable to release these documents in their complete
format.
Having formed the view that the documents are of a kind to which section 47F(1) does apply,
I am required to consider whether disclosure of the documents would be contrary to the
public interest.
I have considered:
Arguments in favour of the disclosure of the documents include:
x a person having a general right of access to any material about them held by the
government;
x there is a general public interest in making information held by the Government
accessible to the public;
x a person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x inform debate on a matter of public importance; and
x the need for openness and accountability of the Department’s operations.
x the extent to which the information is known by the public.
Arguments that against disclosure of the documents include:
x it is a core Government concern to maintain the integrity of the information it holds and in
the maintaining of an individual’s privacy
x prejudice the fair treatment of individuals
x prejudice security, law enforcement, public health or safety
The information contained within the identified documents wholly relates to a person other
than you. The Department is obliged to take action to prevent the unreasonable disclosure
of an individual’s personal information and I have given this the greatest weight.
I consider that disclosure of this information would be contrary to the public interest and it is
therefore exempt from disclosure under section 47F of the FOI Act.
Yours sincerely
Nicole
Position No. 60095088
FOI Officer | Freedom of Information Section
Department of Home Affairs
Email: xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00291 140
130-138
-
Released in full
-
139-140
Prejudice to law enforcement methods and
Exempt in full
s 37(2)(b)
procedures
141-142
-
Released in full
-
143-154
Identity documents relating to third parties
Exempt in full
s 47F(1)
155-156
-
Released in full
-
157-159
Personal information relating to a third party
Exempt in full
s 47F(1)
160-162
-
Released in full
-
163
Personal information relating to a third party
Exempt in full
s 47F(1)
164-166
-
Released in full
-
167
Prejudice to law enforcement methods and
Exempt in full
s 37(2)(b)
procedures
168
-
Released in full
-
169-170
Prejudice to law enforcement methods and
Exempt in full
s 37(2)(b)
procedures
171-172
Identity documents relating to third parties
Exempt in full
s 47F(1)
173-174
-
Released in full
-
175-178
Identity documents relating to third parties
Exempt in full
s 47F(1)
179-180
-
Released in full
-
181-186
Personal information relating to a third party
Exempt in full
s 47F(1)
187
Identity document belonging to a third party
Exempt in full
s 47F(1)
188-194
Personal document relating to a third party
Exempt in full
s 47F(1)
195
-
Released in full
-
196
Identity document belonging to a third party
Exempt in full
s 47F(1)
197-200
Identity documents belonging to third parties
Exempt in full
s 47F(1)
201-202
-
Released in full
-
203-204
Identity document belonging to a third party
Exempt in full
s 47F(1)
205-210
-
Released in full
-
211
Prejudice to law enforcement methods and
Exempt in full
s 37(2)(b)
procedures
212-213
Identity documents belonging to third parties
Exempt in full
s 47F(1)
214-215
-
Released in full
-
216
Identity document belonging to a third party
Exempt in full
s 47F(1)
217-225
-
Released in full
-
226-227
Personal information relating to a third party
Exempt in full
s 47F(1)
228-229
Personal information relating to a third party
Exempt in part
s 47F(1)
230-231
-
Released in full
-
232
Identity document belonging to a third party
Exempt in full
s 47F(1)
233-234
-
Released in full
-
235
Identity document belonging to a third party
Exempt in full
s 47F(1)
236-248
-
Released in full
-
249-250
Personal document relating to a third party
Exempt in full
s 47F(1)
251-254
-
Released in full
-
255-260
Personal document relating to a third party
Exempt in full
s 47F(1)
261-267
-
Released in full
-
268-270
Personal document relating to a third party
Exempt in full
s 47F(1)
271-277
Identity documents relating to a third party
Exempt in full
s 47F(1)
278-280
Prejudice to law enforcement methods and
Exempt in full
s 37(2)(b)
procedures
281-288
Identity documents belonging to third parties
Exempt in full
s 47F(1)
289-301
-
Released in full
-
302
Personal information relating to a third party
Exempt in part
s 47F(1)
303-320
-
Released in full
-
FOIREQ22/00291 141
321-330
Personal document relating to a third party
Exempt in full
s 47F(1)
331-335
-
Released in full
-
336
Identity information relating to a third party
Exempt in part
s 47F(1)
337-365
-
Released in full
-
366-367
Personal information relating to a third party
Exempt in full
s 47F(1)
368-373
-
Released in full
-
374-377
Personal information relating to a third party
Exempt in part
s 47F(1)
378
-
Released in full
-
Departmental File - Copy of electronic file s 22
Page No. Description
Decision
Legislation
1-21
-
Released in full -
22-39
Personal document relating to a third party
Exempt in full
s 47F(1)
40-57
-
Released in full -
58-67
Personal document relating to a third party
Exempt in full
s 47F(1)
68-75
-
Released in full -
76-93
Personal document relating to a third party
Exempt in full
s 47F(1)
94-102
-
Released in full -
103-111
Personal document relating to a third party
Exempt in full
s 47F(1)
112-120
-
Released in full -
121-138
Personal document relating to a third party
Exempt in full
s 47F(1)
139-156
-
Released in full -
FOIREQ22/00291 152
55G Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an application
under section 48 at any time during an IC review of the access refusal decision if the
variation or substitution (the revised decision) would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister makes the
variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC review application for
the review of the varied or substituted decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the terms of your request;
x Departmental documents, (identified below)
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to release in full the documents in the possession of the Department, which
falls within the scope of your request. A list of the documents is below for your reference.
FOIREQ22/00291 153
No.
Description
Reference
No. of folios
1.
2. s 22
3.
4.
5.
22 Access to edited copies with exempt or irrelevant matter deleted (extract)
Scope
(1)
This section applies if:
(a)
an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(i ) 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
(i ) 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
(i ) 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.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(i ) of the FOI Act from the documents that form the scope of your request.
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
FOIREQ22/00291 154
Contacting the FOI Section If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Nicole
Position No. 60095088
FOI Officer | Freedom of Information Section
Department of Home Affairs
Email: xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
x
Documents released to you under the FOI Act
FOIREQ22/00291 155
16 June 2022
s 22
Refugee Advice and Casework Service
30 Botany Street
RANDWICK NSW 2031
Sent via email:s 22
In reply please quote:
s 22
Dear
s 22
Access Decision - Freedom of Information (FOI) request
s 22
(the applicant) has authorised you to receive, on their behalf,
correspondence about their Freedom of Information (FOI) request. Correspondence will not
be sent directly to the applicant. In this letter, references to 'you' relate to the applicant.
This letter refers to an access request received by the Department of Home Affairs (‘the
Department’) under the
Freedom of Information Act 1982 (the FOI Act) on 11 March 2022,
seeking access to:
s 22
Timeframe for processing your request
The FOI Act provides a statutory period for processing your request of 30 calendar days,
unless an extension of time is agreed to, or provided for under a provision of the FOI Act.
According to section 15 of the FOI Act, the statutory timeframe for the processing of your
request expired on 10 April, 2022. The Department apologises for the delay in processing
your request.
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
FOIREQ22/00291 156
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the terms of your request;
x Departmental
documents,
(identified
below);
Decision
The Department has identified one (1) file that fal s within the scope of your request. This file
was in the possession of the Department on 11 March, 2022 when your request was
received.
My decision is to exempt in part the document(s) in the possession of the Department which
falls within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B. Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act.
Review by the Office of the Australian Information Commissioner
You may apply directly to the Office of the Australian Information Commissioner (OAIC) for a
review of my decision. You must apply in writing within 60 days of this notice. For further
information about review rights and how to submit a review request to the OAIC, please see
FOI fact sheet 12 ‘
Freedom of information – Your review rights’, available online at
www.oaic.gov.au .
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
Contacting the FOI Section If you wish to discuss this matter, I can be contacted using the details provided below.
Contacting the Department
You can contact us with an enquiry in a number of ways including by email, through our
website; by telephone, through our Service Centres or offices around the world, or in person.
In Australia you can call 13 18 81 between 8:30 am and 4:30 pm Monday to Friday. Details
on submitting a webform, or contacting our offices outside Australia are available on our
website at www.homeaffairs.gov.au.
Yours sincerely
Holly
Position number: 60107420
FOI Decision Maker
Freedom of Information Melbourne
xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
x
Attachment A – Decision Record
x
Attachment B – Schedule of Documents
x
Documents released to you under the FOI Act
FOIREQ22/00291 158
(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.
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a
document contains exempt information or material that is irrelevant to the request and it is
possible for the agency to prepare an edited copy of the document with the irrelevant or
exempt material deleted, then the agency must prepare such a copy.
This edited copy must be provided to the applicant. Further, the decision maker must advise
the applicant in writing that the edited copy of the document has been prepared and of the
reason(s) for each of the deletions in the document (s.22(3) of the FOI Act).
Exempt material is deleted pursuant to s.22(1)(a)(i) and irrelevant material is deleted
pursuant to s.22(1)(a)(ii) of the FOI Act.
I have decided that parts of the documents would disclose information that could reasonably
be regarded as irrelevant to your request. This information consists of irrelevant internal
communication not related to you.
The schedule identifies documents where material has either been deleted as exempt
information under the FOI Act; or deleted as irrelevant to the scope of the request.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(ii) of the FOI Act from the documents that form the scope of your request.
You will see these exemptions in the documents released to you as they will be clearly
identified with ‘s 22 (1)(a)(ii)’ however they will not be individually noted in the Schedule of
Documents.
47F Public interest conditional exemptions—personal privacy
(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:
FOIREQ22/00291 159
(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;
(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).
The documents that are exempt, either in full or in part, under section 47F of the FOI Act
contain personal information.
Having formed the view that the documents are of a kind to which section 47F does apply, I
am required to consider whether disclosure of the documents would be unreasonable. I took
the following information into consideration:
y
The information appears on a file that holds your personal information. This weighs in
favour of the release being reasonable.
y
The information is not your personal information. This weighs against the release being
reasonable.
FOIREQ22/00291 160
y
Every person has the right to expect that their personal information will be securely
maintained by the Department. This weighs against the release being reasonable.
y
The information does not appear to be in the public forum. This weighs against the
release being reasonable.
y
The information in question consists of departmental details (and identifiers) belonging to
third part(y)ies, where consent was not provided. This weighs against the release being
reasonable.
On balance I believe it would be unreasonable to release these documents in their complete
format.
Having formed the view that the documents are of a kind to which section 47F(1) does apply,
I am required to consider whether disclosure of the documents would be contrary to the
public interest.
I have considered:
Arguments in favour of the disclosure of the documents include:
x a person having a general right of access to any material about them held by the
government;
x there is a general public interest in making information held by the Government
accessible to the public;
x a person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x inform debate on a matter of public importance; and
x the need for openness and accountability of the Department’s operations.
x the extent to which the information is known by the public.
Arguments that against disclosure of the documents include:
x it is a core Government concern to maintain the integrity of the information it holds and in
the maintaining of an individual’s privacy
x prejudice the fair treatment of individuals
x prejudice security, law enforcement, public health or safety
The information contained within the identified documents wholly relates to a person other
than you. The Department is obliged to take action to prevent the unreasonable disclosure
of an individual’s personal information and I have given this the greatest weight.
I consider that disclosure of this information would be contrary to the public interest and it is
therefore exempt from disclosure under section 47F of the FOI Act.
37 Documents affecting enforcement of law and protection of public safety
(1) A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to:
(a) prejudice the conduct of an investigation of a breach, or possible breach, of the law,
or a failure, or possible failure, to comply with a law relating to taxation or prejudice
the enforcement or proper administration of the law in a particular instance;
(b) disclose, or enable a person to ascertain, the existence or identity of a confidential
source of information, or the non-existence of a confidential source of information, in
relation to the enforcement or administration of the law; or
(c) endanger the life or physical safety of any person.
FOIREQ22/00291 161
(2) A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to:
(a) prejudice the fair trial of a person or the impartial adjudication of a particular case;
(b) disclose lawful methods or procedures for preventing, detecting, investigating, or
dealing with matters arising out of, breaches or evasions of the law the disclosure of
which would, or would be reasonably likely to, prejudice the effectiveness of those
methods or procedures; or
(c) prejudice the maintenance or enforcement of lawful methods for the protection of
public safety.
The information which I have exempted under section 37(2)(b) is information which, if
disclosed, would reveal lawful methods or procedures used by the Department to investigate
complaints and would be reasonably likely to prejudice the effectiveness of those methods or
procedures.
I believe disclosure of this information would reasonably compromise the Department’s
investigation strategy by revealing the Department’s methods of investigating issues and in
so doing would compromise the Department’s ability to successfully utilise such methods or
procedures in the future.
It is important that these processes are kept confidential to prevent persons from
circumventing these procedures, or from providing false information during these
investigations. Release of this information would prejudice the effectiveness of the referral
process, and the attainment of true and correct information.
Holly
Position number: 60107420
FOI Decision Maker
Freedom of Information Melbourne
xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00291 163
158-159
Information belonging to third parties
Exempt in part
s.47F(1)
160
information belonging to third parties
Exempt in full
s.47F(1)
161
Departmental methods
Exempt in part
s.37(2)(b)
162-163 -
Released
in
full
-
164
Information belonging to third parties
Exempt in part
s.47F(1)
165-182 -
Released
in
full
-
183
Document belonging to a third party
Exempt in full
s.47F(1)
184-189 -
Released
in
full
-
190-191
Document belonging to a third party
Exempt in full
s.47F(1)
192-199 -
Released
in
full
-
200-203
Document belonging to a third party
Exempt in full
s.47F(1)
204 -
Released
in
full
-
205-212
Document belonging to a third party
Exempt in full
s.47F(1)
213-214 -
Released
in
full
-
215-238
Document belonging to a third party
Exempt in full
s.47F(1)
239-240
Information belonging to third parties
Exempt in part
s.47F(1)
241-243 -
Released
in
full
-
244-249
Document belonging to a third party
Exempt in full
s.47F(1)
250-254 -
Released
in
full
-
255-256
Document belonging to a third party
Exempt in full
s.47F(1)
257 -
Released
in
full
-
258-263
Document belonging to a third party
Exempt in full
s.47F(1)
264-272 -
Released
in
full
-
273
Document belonging to a third party
Exempt in full
s.47F(1)
274-276 -
Released
in
full
-
277-279
Document belonging to a third party
Exempt in full
s.47F(1)
280-290 -
Released
in
full
-
291-297
Document belonging to a third party
Exempt in full
s.47F(1)
298-301 -
Released
in
full
-
302
Information belonging to third parties
Exempt in part
s.47F(1)
303-330 -
Released
in
full
-
331
Information belonging to third parties
Exempt in part
s.47F(1)
332-355 -
Released
in
full
-
Electronic File
Page No. Description
Decision
Legislation
1
Identity information belonging to a third party
Exempt in part
s.47F(1)
2-20 -
Released
in
full
-
FOIREQ22/00291 165
55G Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an
application under section 48 at any time during an IC review of the access
refusal decision if the variation or substitution (the revised decision)
would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister
makes the variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC
review application for the review of the varied or substituted
decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the terms of your request;
x Departmental documents, (identified below);
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to exempt in part the documents in the possession of the Department, which
fall within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B.
Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
FOIREQ22/00291 166
Contacting the FOI Section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Melissa
Position number 60046995
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
x Attachment A – Decision Record
x Attachment B – Schedule of Documents
x Documents released to you under the FOI Act
FOIREQ22/00291 169
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(ii) of the FOI Act from the documents that form the scope of your request. You will see
these exemptions in the documents released to you as they wil be clearly identified with ‘s
22 (1)(a)(ii)’ however they will not be individually noted in the Schedule of Documents.
47E Public interest conditional exemptions—certain operations of agencies
A document is conditionally exempt if its disclosure under this Act would, or could reasonably
be expected to, do any of the following:
(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 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 generally be given to a conditionally exempt document unless it would be
contrary to the public interest (see section 11A).
For a document to be exempt under section 47E(d), I must be satisfied that there is a
reasonable expectation that its disclosure will result in a substantial adverse effect on the
Department’s operations and that there is no overriding public interest in favour of disclosure.
In my opinion the documents listed in the Schedule as exempt under this section could
reasonably be expected, if disclosed, to prejudice the effectiveness of the operations of this
Department.
Having formed this view I then considered whether release of the documents would be
contrary to the public interest.
I considered the following factors in favour of disclosure:
x There is a general public interest in making information held by the Government
accessible to the public;
x A person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x Inform debate on a matter of public importance; and
x The need for openness and accountability of the Department’s operations.
x The extent to which the information is known by the public.
On the other hand I considered the following in favour of non-disclosure:
x An unfair advantage could be gained by knowledge of the operations of the
Department;
x Reveal covert operating procedures, the release of which would require the
Department to change the way it operates.
Releasing information about the way the Department operates may enable applicants to
circumvent certain processes in the future. This would result in the Department having to
continually change its processes at a cost to the Department. I have given this the most
weight. I therefore believe that releasing this information would be contrary to the public
interest.
FOIREQ22/00291 170
47F Public interest conditional exemptions—personal privacy
(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
fol owing 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;
(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).
The documents that are exempt, either in full or in part, under section 47F of the FOI Act
contain personal information.
The Department wil send emails and create documents containing records of multiple clients
FOIREQ22/00291 171
where the information is of the same nature. These documents can be placed on individual
client files without the information of other clients being removed. This situation has occurred
in relation to documents on your file.
Having formed the view that the documents are of a kind to which section 47F does apply, I
am required to consider whether disclosure of the documents would be unreasonable. I took
the following information into consideration:
y
The information appears on a file that holds your personal information. This weighs in
favour of the release being reasonable.
y
The information is not your personal information. This weighs against the release being
reasonable.
y
Every person has the right to expect that their personal information will be securely
maintained by the Department. This weighs against the release being reasonable.
y
The information does not appear to be in the public forum. This weighs against the
release being reasonable.
y
The information in question had no effect on the outcome of your visa application. This
weighs against the release being reasonable.
On balance I believe it would be unreasonable to release these documents in their complete
format.
Having formed the view that the documents are of a kind to which section 47F(1) does apply,
I am required to consider whether disclosure of the documents would be contrary to the
public interest.
I have considered:
Arguments in favour of the disclosure of the documents include:
x a person having a general right of access to any material about them held by the
government;
x there is a general public interest in making information held by the Government
accessible to the public;
x a person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x inform debate on a matter of public importance; and
x the need for openness and accountability of the Department’s operations.
x the extent to which the information is known by the public.
Arguments that against disclosure of the documents include:
x it is a core Government concern to maintain the integrity of the information it holds and in
the maintaining of an individual’s privacy
x prejudice the fair treatment of individuals
x prejudice security, law enforcement, public health or safety
The information contained within the identified documents wholly relates to a person other
than you. The Department is obliged to take action to prevent the unreasonable disclosure
of an individual’s personal information and I have given this the greatest weight.
I consider that disclosure of this information would be contrary to the public interest and it is
therefore exempt from disclosure under section 47F of the FOI Act.
Melissa
Position number 60046995
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00291 174
section 48 at any time during an IC review of the access refusal decision if the
variation or substitution (the revised decision) would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or annotated in accordance
with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access refusal
decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information Commissioner as soon
as practicable after the agency or Minister makes the variation or substitution; and
(b) the Information Commissioner must deal with the IC review application for review of
the original decision as if it were an IC review application for the review of the varied
or substituted decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the terms of your request;
x Departmental documents, (identified below)
Revised decision
The Department has not identified any documents that fall within the scope of your request
on 15 November 2021 when your request was received.
FREEDOM OF INFORMATION ACT 1982
SECTION 24A
Requests may be refused if documents cannot be found, do not exist or have not been
received
Document lost or non-existent
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(i ) does not exist.
Document not received as required by contract
(2) An agency may refuse a request for access to a document if:
(a) in order to comply with section 6C, the agency has taken contractual
measures to ensure that it receives the document; and
(b) the agency has not received the document; and
(c) the agency has taken all reasonable steps to receive the document in
accordance with those contractual measures.
FOIREQ22/00291 190
In light of your review request, I have undertaken the following steps:
s 22
2. I have conducted further searches of departmental systems in attempting to identify and
locate the documents relevant to your request. However, an extensive search of
departmental systems has returned nil records
s 22
4. In regard to your request, section 24A of the FOI Act provides that the Department may
refuse a request for access to a document if all reasonable steps have been taken to find
the document and the Department is satisfied that the documents do not exist.
5. I am satisfied that the Department has undertaken reasonable searches for documents
relevant to your request, and that no documents were in the possession of the Department
on 30 August 2021 when your FOI request was received. As such I am refusing access to
the documents requested by you based on the application of section 24A of the FOI Act.
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
Contacting the FOI Section If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Danica
Position no: 60029640
FOI Section
FOI and Records Management Branch
Data Division
Strategy & Law Enforcement Group
Email:
xxx.xxx@xxxxxxxxxxx.xxx.xx
Department of Home Affairs l
FOIREQ22/00291 192
(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an
application under section 48 at any time during an IC review of the access
refusal decision if the variation or substitution (the revised decision)
would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note:
When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister
makes the variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC
review application for the review of the varied or substituted
decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the
terms
of
your
request;
x Departmental
documents,
(identified
below);
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to exempt in part the documents in the possession of the Department, which
fall within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B.
Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
FOIREQ22/00291 193
Contacting the FOI Section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Rosemary
Position number 60016897
Freedom of Information Section
Department of Home Affairs
Email: xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
x Attachment
A
–
Decision
Record
x Attachment B – Schedule of Documents
x Documents released to you under the FOI Act
FOIREQ22/00291 195
(d)
it is not apparent (from the request or from consultation with the applicant) that the
applicant would decline access to the edited copy.
A number of documents contain information that is exempt under one or more sections of the
FOI Act. I am able to provide you with an edited copy of those documents under section
22(1)(b). You can identify those documents in the Schedule of Documents with the words
‘Exempt in part’ or ‘Refused in part’ in the decision column.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(ii) of the FOI Act from the documents that form the scope of your request.
47E Public interest conditional exemptions—certain operations of agencies
A document is conditionally exempt if its disclosure under this Act would, or could reasonably be
expected to, do any of the following:
(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 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 generally be given to a conditionally exempt document unless it would be
contrary to the public interest (see section 11A).
For a document to be exempt under section 47E(d), I must be satisfied that there is a
reasonable expectation that its disclosure will result in a substantial adverse effect on the
Department’s operations and that there is no overriding public interest in favour of disclosure.
In my opinion the documents listed in the Schedule as exempt under this section could
reasonably be expected, if disclosed, to prejudice the effectiveness of the operations of this
Department.
Having formed this view I then considered whether release of the documents would be
contrary to the public interest.
I considered the following factors in favour of disclosure:
x There is a general public interest in making information held by the Government
accessible to the public;
x A person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x The need for openness and accountability of the Department’s operations.
On the other hand I considered the following in favour of non-disclosure:
x Could reasonably be expected to impede the administration of migration and citizenship
laws, including procedural fairness
x Reveal covert operating procedures, the release of which would require the Department
to change the way it operates.
FOIREQ22/00291 196
The disclosure of documents exempt under section 47E(d) would reveal various methods
used by the Department, giving the applicant prior knowledge of the processes of the
Department. This could allow applicants to deliberately circumvent certain departmental
processes in the future, thereby prejudicing and compromising the effectiveness of the
processes set up for the core operational activity of the Department – processing of visa and
citizenship applications. In addition, changing the processes continually would come at a
cost to the Department.
On balance, I am satisfied that the release would be contrary to the public interest and the
documents are exempt under section 47E(d) of the FOI Act.
Rosemary
Position number 60016897
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
9 Wentw orth Street Parr am atta NSW 2150
GPO Box 9984 SYDNE Y NSW 2001x Telephone: 13 18 81x Website: w w w .homeaffair s. gov . au
FOIREQ22/00291 197
Attachment B – Schedule of Documents
Client Details
s 22
Departmental File s 22
Page No.
Description
Decision
Legislation
165-166
Department’s internal working document
Exempt in full
s 47E(d)
196-200
Personal information of Third Party
Exempt in full
s 22(1)(a)(ii)
9 Wentworth Street Parr am atta NSW 2150
GPO Box 9984 SYDNE Y NSW 2001x Telephone: 13 18 81x Website: w w w .homeaffairs. gov . au
FOIREQ22/00291 199
Deemed refused decision
A ‘deemed refusal’ has occurred as the time for making a decision has expired on 28 April
2022 and you have not been given a notice of decision.
You have made an application for review of the deemed refusal decision with the Office of the
Australian Information Commissioner (OAIC). The OAIC has notified the Department that the
Information Commissioner wil review the deemed refusal decision.
Revocation of deemed refused decision
Section 55G of the FOI Act allows for a revocation or variation of access refusal decision during
a review by the Information Commissioner (IC):
55G
Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an application
under section 48 at any time during an IC review of the access refusal decision if the
variation or substitution (the revised decision) would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister makes the
variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC review application for
the review of the varied or substituted decision, subject otherwise to this Part.
I have now set aside the deemed refused decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
FOIREQ22/00291 200
x the terms of your request;
x Departmental documents, (identified below);
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to exempt in part the documents in the possession of the Department, which
fall within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B. Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act.
I have refused access to s 22
because it
cannot be found.
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
Contacting the FOI Section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Rosemary
PN 60016897
FOI Officer
Freedom of Information Section
Department of Home Affairs
Email: xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
x Attachment A – Decision Record
x Attachment B – Schedule of Documents
x Documents released to you under the FOI Act
FOIREQ22/00291 201
Attachment A - DECISION RECORD
Client Details
s 22
Documents in scope
s 22
Information considered
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate departmental records. In reaching my
decision, I have considered the following:
x The
Freedom of Information Act 1982;
x Departmental files and/or documents (identified above);
x The Australian Information Commissioner’s guidelines relating to access to
documents held by government; and
x The terms of your request.
Reasons for decision
On 28 June you were sent a partial decision on this request. I am now advising you of the
decision in relation to the remaining documents.
24A Requests may be refused if documents cannot be found, do not exist or have not
been received
Document lost or non-existent
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(i ) does not exist.
Document not received as required by contract
(2) An agency may refuse a request for access to a document if:
(a) in order to comply with section 6C, the agency has taken contractual measures to
ensure that it receives the document; and
(b) the agency has not received the document; and
(c) the agency has taken all reasonable steps to receive the document in accordance with
those contractual measures.
FOIREQ22/00291 202
I have identified the following document/s as coming within the scope of your request.
s 22
I have taken the following actions and received the following responses to locate this
document/s:
s 22
As the document cannot be found, I am refusing your request for access.
22 Access to edited copies with exempt or irrelevant matter deleted (extract)
Scope
(1) This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(i ) 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
(i ) 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
(i ) 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.
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a document
contains exempt information or material that is irrelevant to the request and it is possible for
the agency to prepare an edited copy of the document with the irrelevant or exempt material
deleted, then the agency must prepare such a copy.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(i ) of the FOI Act from the documents that form the scope of your request.
You will see these exemptions in the documents released to you as they will be clearly
identified with ‘s 22 (1)(a)(i )’ however they wil not be individually noted in the Schedule of
Documents.
Please note that I have deleted other irrelevant material under section 22(1)(a)(i ) of the FOI Act
FOIREQ22/00291 204
citizenship applications. In addition, changing the processes continual y would come at a
cost to the Department.
On balance, I am satisfied that the release would be contrary to the public interest and the
documents are exempt under section 47E(d) of the FOI Act.
47B Public interest conditional exemptions—Commonwealth-State
relations etc.
A document is conditionally exempt if disclosure of the document under this Act:
(a) would, or could reasonably be expected to, cause damage to relations between the
Commonwealth and a State; or
(b) would divulge information or matter communicated in confidence by or on behalf of
the Government of a State or an authority of a State, to the Government of the
Commonwealth, to an authority of the Commonwealth or to a person receiving the
communication on behalf of the Commonwealth or of an authority of the
Commonwealth; or
(d) would divulge information or matter communicated in confidence by or on behalf of
an authority of Norfolk Island, to the Government of the Commonwealth, to an
authority of the Commonwealth or to a person receiving the communication on behalf
of the Commonwealth or an authority of the Commonwealth; or
(f) would divulge information or matter communicated in confidence by or on behalf of
the Government of a State or an authority of a State, to an authority of Norfolk Island
or to a person receiving the communication on behalf of an authority of Norfolk
Island.
Note: Access must generally be given to a conditionally exempt document unless it would
be contrary to the public interest (see section 11A).
I have decided that the documents identified in the Schedule as exempt under section
47B(b) are documents that would divulge information or matter communicated in confidence
by a State to the Commonwealth.
I am of the view that releasing the material I have exempted under this part would contribute
to a lessening of confidence that State governments place on the Commonwealth
government, which could reasonably be expected to result in a reduction of the quality and
quantity of information provided by States.
Having formed the view that the release of the documents would reveal information or matter
communicated in confidence by the State to the Commonwealth I then considered whether
release of the documents would be contrary to the public interest.
I considered the following factors in favour of disclosure:
x There is a general public interest in making information held by the Government
accessible to the public;
x A person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x The need for openness and accountability of the department’s operations.
On the other hand I considered the following in favour of non-disclosure:
y
When providing information in confidence there is an inherent expectation that the
confidence will be maintained.
FOIREQ22/00291 205
y
The need for Commonwealth and State to be able to work closely together to the
benefit of the Australian public;
y
The Commonwealth’s ability to administer its laws without the cooperation of State
authorities;
Given the possible effect on the ability of Commonwealth and State to work together, I have
given more weight to those factors that favour non-disclosure.
On balance I have decided that the public interest in the non-disclosure of the documents
out-weighs the public interest in disclosing the documents, therefore the release would be
contrary to the public interest and the documents are exempt under section 47B of the FOI
Act.
37 Documents affecting enforcement of law and protection of public safety
(1) A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to:
(a) prejudice the conduct of an investigation of a breach, or possible breach, of the law,
or a failure, or possible failure, to comply with a law relating to taxation or prejudice
the enforcement or proper administration of the law in a particular instance;
(b) disclose, or enable a person to ascertain, the existence or identity of a confidential
source of information, or the non-existence of a confidential source of information, in
relation to the enforcement or administration of the law; or
(c) endanger the life or physical safety of any person.
Section 37(1)(b) provides that a document will be exempt if its disclosure under the FOI Act
would disclose or enable a person to ascertain the existence or identity of a confidential source
of information or the non–existence of a confidential source of information in relation to the
enforcement or administration of the law.
I believe that the release of these documents may disclose the confidential source of the
information and that the identity of the confidential source may be ascertainable from the
contents of the documents. The information was supplied to the Department on an
expectation that the identity of the confider would remain confidential.
The Department has a policy of not disclosing the identity of persons providing information to
the Department in the absence of their consent or unless there are compelling reasons for
so doing. The Department relies on persons or organisations to supply information to it so
that it can enforce migration law. If the Department were to disclose the identity of such
suppliers it may discourage individuals from providing such information to the Department in
the future and would be detrimental to the Department in enforcing the law.
On that basis I am refusing you access under section 37(1)(b) to the information in the
documents.
Rosemary
PN 60016897
FOI Officer
Freedom of Information Section
Department of Home Affairs
Email: xxx.xxx@xxxxxxxxxxx.xxx.xx
29 June 2022
FOIREQ22/00291 208
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(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister makes the
variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC review application for
the review of the varied or substituted decision, subject otherwise to this Part.
I have now set aside the deemed refused decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the terms of your request;
x Departmental documents, (identified below);
Revised decision
The Department has identified the documents that fall within the scope of your request. My
decision is to exempt in part the documents in the possession of the Department, which fall
within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B.
Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au.
Contacting the FOI Section
FOIREQ22/00291 209
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If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
AJ, Position number 2145
FOI Officer
Department of Home Affairs
Email xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
x Attachment A – Decision Record
x Attachment B – Schedule of Documents
x Documents released to you under the FOI Act
FOIREQ22/00291 210
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Attachment A – DECISION RECORD
Client Details
s 22
Documents in scope
s 22
Information considered
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate departmental records. In reaching my
decision, I have considered the following:
x The
Freedom of Information Act 1982;
x Departmental files and/or documents (identified above);
x The Australian Information Commissioner’s guidelines relating to access to
documents held by government;
x The terms of your request.
Reasons for decision
I have considered the files within the scope of your request and applied exemptions in part or
in full to documents as detailed in the Schedule of Documents. You should read the schedule
in conjunction with the exemptions below.
22 Access to edited copies with exempt or irrelevant matter deleted (extract)
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
FOIREQ22/00291 211
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(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.
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a document
contains exempt information or material that is irrelevant to the request and it is possible for
the agency to prepare an edited copy of the document with the irrelevant or exempt material
deleted, then the agency must prepare such a copy.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(ii) of the FOI Act from the documents that form the scope of your request.
I have therefore determined the materials which do not relate to you to be irrelevant to your
request and have deleted them under section 22(1)(a)(ii) of the FOI Act.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(ii) of the FOI Act from the documents that form the scope of your request.
Yours sincerely
AJ, Position number 2145
FOI Officer
Department of Home Affairs
Email xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00291 212
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Attachment B - SCHEDULE OF DOCUMENTS
s 22
1.
Departmental File:
s 22
Page Description
Decision
Legislation
1
Out of scope third party information
Irrelevant
s. 22(1)(a)(ii)
16
Out of scope third party information
Irrelevant
s. 22(1)(a)(ii)
19-23
Out of scope third party information
Irrelevant
s. 22(1)(a)(ii)
29
Out of scope third party information
Irrelevant
s. 22(1)(a)(ii)
All other pages
Released in full
2.
Departmental File:
s 22
Page Description
Decision
Legislation
2
Out of scope extract
Irrelevant
s. 22(1)(a)(ii)
7
Out of scope extract
Irrelevant
s. 22(1)(a)(ii)
All other pages
Released in full
FOIREQ22/00291 217
5 July 2022
Our Reference: s 22
OAIC reference: s 22
s 22
By email: s 22
Dear ,
s 22
Your Information Commissioner Review – Section 55G Decision Letter
I refer to your FOI request (references 22
) dated 26 October 2020, seeking access to the
following documents under the
Freedom of Information Act 1982 (the
FOI Act):
‘I request under FOI a list of the fees paid by Comcare for legal services
-
Itemised by the name of the legal practice, or recipient of the funds
-
For the last 6 financial years 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019,
2019- 2020.’
Clarification of Scope and Initial Information Commissioner Review
On 26 October 2020, Comcare acknowledged receipt of your request and requested further
clarification on the scope of your request.
On 27 October 2020, you advised us that you were seeking the following documents:
‘The fees Comcare pays to engage its external legal providers (including the name of each
legal provider and the amount paid)’
On 3 November 2020, you further clarified the scope of your request, advising that you are seeking
both the professional and disbursement costs (separately) in relation to the above.
On 11 May 2021, the Office of the Australian Information Commissioner (
OAIC) advised Comcare
that you sought Information Commissioner (
IC) review of Comcare’s decision to refuse access to the
documents you have requested.
On 7 February 2022, Comcare provided the OAIC with a copy of the section 55G letter where the
decision to refuse access was set aside, and a revised decision was provided. The revised decision
gave you partial access to the documents you requested with the exception of the two legal firms
who objected to the release of their business information under section 47G of the FOI Act.
FOIREQ22/00291 218
Subsequent Information Commissioner Review
On 14 April 2022, Comcare was informed by the OAIC that you requested a review of the initial
section 55G decision made on 7 February 2022. After reconsidering our initial section 55G letter, we
have further revised the decision, as provided to you below.
My Decision
I am authorised under section 23 of the FOI Act to make decisions in relation to FOI requests. I am
issuing this decision under section 55G of the FOI Act which stipulates that an agency has the ability
to set aside or substitute the original decision during the time of an IC review by giving access to a
document in accordance with the request.
Comcare has identified six documents, totalling six pages that relate to the scope of your request. I
have decided to grant you full access to the documents.
Third party consultation
On 20 November 2020, Comcare advised you that in certain circumstances the timeframe of
processing an FOI request may change such as if the agency is required to consult a third party due
to their information being included in the requested documents.
Under section 27 of the FOI Act, Comcare consulted with third parties as it formed the view that
those third parties may reasonably wish to make a contention that the document or parts of the
document should be exempt under the FOI Act.
In response to Comcare’s consultation request, two of the third parties provided submissions
objecting to the release of the document. In accordance with subsections 27(4) and (7) of the FOI
Act, Comcare cannot provide you access to the document until the third parties have had the
opportunity to request a review or appeal in relation to the decision.
I will allow 30 days for the third party to respond to my notice that the documents will be released
regardless of their objection. If the third party does not seek internal or Information Commissioner
review, then the document will be provided to you 30 days from when the third party is notified of
this decision.
Review rights
The OAIC is currently conducting an IC review of Comcare’s decision to refuse access to the
documents requested. Under section 55G(2)(b) of the FOI Act, the IC must deal with your IC review
application as if it were an IC review application of this Substituted Decision.
Please contact the IC if you require further information in relation to the IC review process.
Further assistance
If you have any questions please email xxx@xxxxxxx.xxx.xx or phone me on 1300 366 979.
Yours sincerely,
Sam
Statutory Oversight Officer
FOIREQ22/00291 229
Revocation of deemed refused decision
Section 55G of the FOI Act allows for a revocation or variation of access refusal decision during
a review by the Information Commissioner (IC):
55G Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an
application under section 48 at any time during an IC review of the access
refusal decision if the variation or substitution (the revised decision)
would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister
makes the variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC
review application for the review of the varied or substituted
decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the terms of your request;
x Departmental documents, (identified below)
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to exempt in part the documents in the possession of the Department, which
fall within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B.
Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act
FOIREQ22/00291 230
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
Contacting the FOI Section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
John
Position number: 6004 6997
FOI Decision Maker
Freedom of Information Victoria
E: xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
x
Attachment A – Decision Record
x
Attachment B – Schedule of Documents
x
Documents released to you under the FOI Act
FOIREQ22/00291 232
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the terms of your request;
x Departmental documents, (identified above)
Reasons for decision
I have considered the documents within the scope of your request and applied exemptions in
part or in full as detailed in the Schedule of Documents. You should read the schedule in
conjunction with the reasons for exemption below.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff. This includes their
names, direct email addresses and also the mobile and direct work telephone numbers of
these staff. This material has therefore been removed under s 22 (1)(a)(i ) of the FOI Act
from the documents that form the scope of your request.
You wil see these exemptions in the documents released to you as they wil be clearly
identified with ‘s 22 (1)(a)(i )’ however they will not be individually noted in the Schedule of
Documents.
Please note that there are times that this same section of the FOI Act will be used to remove
other material and this wil be in the Schedule of Documents with a clear explanation as to
what the material is.
22 Access to edited copies with exempt or irrelevant matter deleted (extract)
Scope
(1) This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(i ) 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
(i ) 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
(i ) 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.
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a
document contains exempt information or material that is irrelevant to the request and it is
possible for the agency to prepare an edited copy of the document with the irrelevant or
exempt material deleted, then the agency must prepare such a copy.
FOIREQ22/00291 233
This edited copy must be provided to the applicant. Further, the decision maker must advise
the applicant in writing that the edited copy of the document has been prepared and of the
reason(s) for each of the deletions in the document (s.22(3) of the FOI Act).
Exempt material is deleted pursuant to s.22(1)(a)(i) and irrelevant material is deleted
pursuant to s.22(1)(a)(i ) of the FOI Act.
I have decided that parts of the file/document would disclose information that could
reasonably be regarded as irrelevant to your request.
This information consists of third
party names not associated with your application.
The schedule identifies documents where material has either been deleted as exempt
information under the FOI Act; or deleted as irrelevant to the scope of the request.
47E Public interest conditional exemptions—certain operations of agencies
A document is conditionally exempt if its disclosure under this Act would, or could reasonably
be expected to, do any of the following:
(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 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 generally be given to a conditionally exempt document unless it would be
contrary to the public interest (see section 11A).
For a document to be exempt under section 47E(d), I must be satisfied that there is a
reasonable expectation that its disclosure will result in a substantial adverse effect on the
department’s operations and that there is no overriding public interest in favour of disclosure.
In my opinion the documents listed in the Schedule as exempt under this section could
reasonably be expected, if disclosed, to prejudice the effectiveness of the operations of this
department.
Having formed this view I then considered whether release of the documents would be
contrary to the public interest.
I considered the following factors in favour of disclosure:
x There is a general public interest in making information held by the Government
accessible to the public;
x
A person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x
Inform debate on a matter of public importance; and
x
The need for openness and accountability of the department’s operations.
x
The extent to which the information is known by the public.
On the other hand I considered the following in favour of non-disclosure:
x An unfair advantage could be gained by knowledge of the operations of the
department;
x
Reveal covert operating procedures, the release of which would require the
department to change the way it operates.
FOIREQ22/00291 234
Releasing information about the way the department operates may enable applicants to
circumvent certain processes in the future. This would result in the department having to
continually change its processes at a cost to the department. I have given this the most
weight. I therefore believe that releasing this information would be contrary to the public
interest.
47F Public interest conditional exemptions—personal privacy
(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
fol owing 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;
(b) a psychiatrist;
(c) a psychologist;
(d) a counsellor;
(e) a social worker.
FOIREQ22/00291 235
Note:
Access must generally be given to a conditionally exempt document unless it
would be contrary to the public interest (see section 11A).
The documents that are exempt, either in full or in part, under section 47F of the FOI Act
contain personal information.
Having formed the view that the documents are of a kind to which section 47F does apply, I
am required to consider whether disclosure of the documents would be unreasonable. I took
the following information into consideration:
y
The information appears on a file that holds your personal information. This weighs in
favour of the release being reasonable.
y
The information is not your personal information. This weighs against the release being
reasonable.
y
Every person has the right to expect that their personal information will be securely
maintained by the department. This weighs against the release being reasonable.
y
The information does not appear to be in the public forum. This weighs against the
release being reasonable.
On balance I believe it would be unreasonable to release these documents in their complete
format.
Having formed the view that the documents are of a kind to which section 47F(1) does apply,
I am required to consider whether disclosure of the documents would be contrary to the
public interest.
I have considered:
Arguments in favour of the disclosure of the documents include:
x a person having a general right of access to any material about them held by the
government;
x there is a general public interest in making information held by the Government
accessible to the public;
x a person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x inform debate on a matter of public importance; and
x the need for openness and accountability of the department’s operations.
x the extent to which the information is known by the public.
Arguments against disclosure of the documents include:
x it is a core Government concern to maintain the integrity of the information it holds and in
the maintaining of an individual’s privacy
x prejudice the fair treatment of individuals
x prejudice security, law enforcement, public health or safety
The information contained within the identified documents wholly relates to a person other
than you. The department is obliged to take action to prevent the unreasonable disclosure of
an individual’s personal information and I have given this the greatest weight.
I consider that disclosure of this information would be contrary to the public interest and it is
therefore exempt from disclosure under section 47F of the FOI Act.
FOIREQ22/00291 236
47B Public interest conditional exemptions—Commonwealth-State
relations etc.
A document is conditionally exempt if disclosure of the document under this Act:
(a) would, or could reasonably be expected to, cause damage to relations between the
Commonwealth and a State; or
(b) would divulge information or matter communicated in confidence by or on behalf of
the Government of a State or an authority of a State, to the Government of the
Commonwealth, to an authority of the Commonwealth or to a person receiving the
communication on behalf of the Commonwealth or of an authority of the
Commonwealth; or
(c) would, or could reasonably be expected to, cause damage to relations between the
Commonwealth and Norfolk Island; or
(d) would divulge information or matter communicated in confidence by or on behalf of
the Government of Norfolk Island or an authority of Norfolk Island, to the Government
of the Commonwealth, to an authority of the Commonwealth or to a person receiving
the communication on behalf of the Commonwealth or an authority of the
Commonwealth; or
(e) would, or could reasonably be expected to, cause damage to relations between
Norfolk Island and a State; or
(f) would divulge information or matter communicated in confidence by or on behalf of the
Government of a State or an authority of a State, to the Government of Norfolk Island,
to an authority of Norfolk Island or to a person receiving the communication on behalf
of Norfolk Island or of an authority of Norfolk Island.
Note: Access must generally be given to a conditionally exempt document unless it would
be contrary to the public interest (see section 11A).
I have decided that the documents identified in the Schedule as exempt under section 47B(b)
are documents that would divulge information or matter communicated in confidence by a
State to the Commonwealth.
I am of the view that releasing the material I have exempted under this part would contribute
to a lessening of confidence that State governments place on the Commonwealth
government, which could reasonably be expected to result in a reduction of the quality and
quantity of information provided by States.
Having formed the view that the release of the documents would reveal information or matter
communicated in confidence by the State to the Commonwealth I then considered whether
release of the documents would be contrary to the public interest.
I considered the following factors in favour of disclosure:
x There is a general public interest in making information held by the Government
accessible to the public;
x A person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x Inform debate on a matter of public importance; and
x The need for openness and accountability of the department’s operations.
FOIREQ22/00291 237
On the other hand I considered the following in favour of non-disclosure:
y
When providing information in confidence there is an inherent expectation that the
confidence will be maintained.
y
The need for Commonwealth and State to be able to work closely together to the
benefit of the Australian public;
y
The Commonwealth’s ability to administer its laws without the cooperation of State
authorities;
y
The documents relate specifical y to one case and do not affect the interpretation or
administration of a policy in relation to a cohort group.
Given the possible effect on the ability of Commonwealth and State to work together, I have
given more weight to those factors that favour non-disclosure.
On balance I have decided that the public interest in the non-disclosure of the documents
out-weighs the public interest in disclosing the documents, therefore the release would be
contrary to the public interest and the documents are exempt under section 47B of the FOI
Act.
47D Public interest conditional exemptions—financial or property interests of the
Commonwealth or Norfolk Island
A document is conditionally exempt if its disclosure under this Act would have a substantial
adverse effect on the financial or property interests of the Commonwealth, of Norfolk Island
or of an agency.
Note: Access must generally be given to a conditionally exempt document
unless it would be contrary to the public interest (see section 11A).
The documents I have exempted under section 47D relate to the commercial activities of the
department. The release of these documents would have a substantial adverse effect on the
financial or property interests of the Commonwealth.
Having formed the view that the release of the documents would have a substantial adverse
effect on the financial or property interests of the Commonwealth I then considered whether
release of the documents would be contrary to the public interest.
I considered the following factors in favour of disclosure:
x There is a general public interest in making information held by the Government
accessible to the public;
x A person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x Inform debate on a matter of public importance; and
x The need for openness and accountability of the department’s operations.
On the other hand I considered the following in favour of non-disclosure:
y
Prejudice the competitive commercial activities of the department;
y
Provide an unfair advantage in relation to lawful tender process;
y
Affect the department’s ability to use public money effectively.
The department’s responsibility to use public money lawfully and effectively has been given
the most weight. I am satisfied therefore the release would be contrary to the public interest
and the documents are exempt under section 47D of the FOI Act.
FOIREQ22/00291 238
37 Documents affecting enforcement of law and protection of public safety
(1) A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to:
(a) prejudice the conduct of an investigation of a breach, or possible breach, of the law,
or a failure, or possible failure, to comply with a law relating to taxation or prejudice
the enforcement or proper administration of the law in a particular instance;
(b) disclose, or enable a person to ascertain, the existence or identity of a confidential
source of information, or the non-existence of a confidential source of information, in
relation to the enforcement or administration of the law; or
(c) endanger the life or physical safety of any person.
(2) A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to:
(a) prejudice the fair trial of a person or the impartial adjudication of a particular case;
(b) disclose lawful methods or procedures for preventing, detecting, investigating, or
dealing with matters arising out of, breaches or evasions of the law the disclosure of
which would, or would be reasonably likely to, prejudice the effectiveness of those
methods or procedures; or
(c) prejudice the maintenance or enforcement of lawful methods for the protection of
public safety.
Section 37(2)(b)
The information which I have exempted under section 37(2)(b) is information which, if
disclosed, would reveal lawful methods or procedures used by the department to investigate
complaints and would be reasonably likely to prejudice the effectiveness of those methods or
procedures.
I believe disclosure of this information would reasonably compromise the department’s
investigation strategy by revealing the department’s methods of investigating issues and in
so doing would compromise the department’s ability to successfully utilise such methods or
procedures in the future.
It is important that these processes are kept confidential to prevent persons from
circumventing these procedures, or from providing false information during these
investigations. Release of this information would prejudice the effectiveness of the referral
process, and the attainment of true and correct information.
Yours sincerely
John
Position number: 6004 6997
FOI Decision Maker
Freedom of Information Victoria
E: xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00291 239
Attachment B – Schedule of Documents
Client Details
s 22
Departmental Electronic File - s 22
Page No. Description
Decision
Legislation
1-10
Released in full
11-13
Information provided in confidence from a
Exempt in part
s.47B(b)
Stage agency
14-77
Released in full
78
Third party names not associated with your
Exempt in part
s.22(1)(a)(i)
application
79-92
Released in full
93-95
Operations and processes of Department
Exempt in full
s.47E(d)
96-151
Released in full
152-161
Operations and processes of Department
Exempt in full
s.47E(d)
162-259
Released in full
260
Third party details
Exempt in full
s.47F(1)
261-341
Released in full
Audio recording - s 22
Page No. Description
Decision
Legislation
N/A
Released in full
Audio recording - s 22
Page No. Description
Decision
Legislation
N/A
Released in full
FOIREQ22/00291 240
s 22
Page No. Description
Decision
Legislation
1
Released in full
s 22
Page No. Description
Decision
Legislation
1
Released in full
Departmental Paper File s 22
Page No.
Description
Decision
Legislation
1
Financial/property interests of the
Exempt in part
s.47D
Commonwealth
2-13
Released in full
14
Operations and processes of Department
Exempt in full
s.47E(d)
15-62
Released in full
Departmental Electronic File – s 22
Page No. Description
Decision
Legislation
1
Released in full
2
Operations and processes of Department
Exempt in full
s.47E(d)
3-4
Released in full
5
Operations and processes of Department
Exempt in full
s.47E(d)
6-13
Released in full
14
Third party details
Exempt in full
s.47F(1)
15-38
Released in full
39
Third party details
Exempt in full
s.47F(1)
40-74
Released in full
75
Third party details
Exempt in full
s.47F(1)
76-87
Released in full
88
Third party details
Exempt in full
s.47F(1)
89-94
Released in full
95
Third party details
Exempt in full
s.47F(1)
96-105
Released in full
106
Third party details
Exempt in full
s.47F(1)
107
Released in full
108
Third party details
Exempt in full
s.47F(1)
109
Released in full
FOIREQ22/00291 241
110-111
Third party details
Exempt in full
s.47F(1)
112-116
Released in full
117-119
Third party details
Exempt in full
s.47F(1)
120-123
Released in full
124-130
Third party details
Exempt in full
s.47F(1)
131
Released in full
132
Third party details
Exempt in full
s.47F(1)
133-153
Released in full
154-157
Operations and processes of Department
Exempt in full
s.47E(d)
158-190
Released in full
191
Third party details
Exempt in full
s.47F(1)
192-203
Released in full
204
Third party details
Exempt in full
s.47F(1)
205-268
Released in full
269
Third party details
Exempt in full
s.47F(1)
270
Released in full
271
Third party details
Exempt in full
s.47F(1)
272-276
Released in full
277
Third party details
Exempt in full
s.47F(1)
278-293
Released in full
294
Third party details
Exempt in full
s.47F(1)
295-300
Released in full
301
Third party details
Exempt in full
s.47F(1)
302-323
Released in full
324
Third party details
Exempt in full
s.47F(1)
325-336
Released in full
337
Third party details
Exempt in full
s.47F(1)
338
Released in full
339
Third party details
Exempt in full
s.47F(1)
340
Released in full
341
Third party details
Exempt in full
s.47F(1)
342-352
Released in full
353
Third party details
Exempt in full
s.47F(1)
Electronic File - s 22
Page No. Description
Decision
Legislation
1-3
Released in full
4
Departmental processes and methodology
Exempt in part
s.37(2)(b)
5-21
Released in full
22
Operations and processes of Department
Exempt in part
s.47E(d)
23-26
Released in full
27
Departmental processes and methodology
Exempt in part
s.37(2)(b)
28-65
Released in full
66-67
Information provided in confidence from a
Exempt in part
s.47B(b)
Stage agency
68-73
Released in full
FOIREQ22/00291 242
30
May
2022
s 22
Refugee and Immigration Legal Service (RAILS)
PO Box 5143
WEST END QLD 4101
Sent by email: s 22
In reply please quote:
s 22
Dear
s 22
Freedom of Information request – Revised decision
s 22
(the applicant) has authorised you to receive, on their behalf, correspondence
about their Freedom of Information (FOI) request. Correspondence will not be sent directly to
the applicant. In this letter, references to 'you' relate to the applicant.
This letter refers to an access request received by the Department of Home Affairs (‘the
Department’) under the
Freedom of Information Act 1982 (the FOI Act) on 24 February 2022,
seeking access to:
s 22
Deemed refused decision
A ‘deemed refusal’ has occurred as the time for making a decision has expired on 24
February 2022 and you have not been given a notice of decision.
You have made an application for review of the deemed refusal decision with the Office of
the Australian Information Commissioner (OAIC). The OAIC has notified the Department that
the Information Commissioner will review the deemed refusal decision.
FOIREQ22/00291 243
Revocation of deemed refused decision
Section 55G of the FOI Act allows for a revocation or variation of access refusal decision during
a review by the Information Commissioner (IC):
55G Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an application
under section 48 at any time during an IC review of the access refusal decision if the
variation or substitution (the revised decision) would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister makes the
variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC review application for
the review of the varied or substituted decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the terms of your request;
x Departmental documents, (identified below)
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to release in full the documents in the possession of the Department, which
falls within the scope of your request. A list of the documents is below for your reference.
No. Description
Reference
No. of folios
1.
Documents in Scope on
s 22
128
Departmental File
FOIREQ22/00291 244
2. Departmental document –
22
s 22
3. s 22
19
s 22
s 22
4. Audio recording –
-
22 Access to edited copies with exempt or irrelevant matter deleted (extract)
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.
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a
document contains exempt information or material that is irrelevant to the request and it is
possible for the agency to prepare an edited copy of the document with the irrelevant or
exempt material deleted, then the agency must prepare such a copy.
This edited copy must be provided to the applicant. Further, the decision maker must advise
the applicant in writing that the edited copy of the document has been prepared and of the
reason(s) for each of the deletions in the document (s.22(3) of the FOI Act).
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(i ) of the FOI Act from the documents that form the scope of your request.
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
Contacting the FOI Section If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Melissa
Position number 60046995
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
x Documents released to you under the FOI Act
FOIREQ22/00291 246
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister
makes the variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC
review application for the review of the varied or substituted
decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the terms of your request;
x Departmental documents, (identified below);
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to exempt in part the documents in the possession of the Department, which
fall within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B. Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au
Contacting the FOI Section If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Melissa
Position number 60046995
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00291 247
Attachments
x Attachment A – Decision Record
x Attachment B – Schedule of Documents
x Documents released to you under the FOI Act
FOIREQ22/00291 249
(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.
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a
document contains exempt information or material that is irrelevant to the request and it is
possible for the agency to prepare an edited copy of the document with the irrelevant or
exempt material deleted, then the agency must prepare such a copy.
This edited copy must be provided to the applicant. Further, the decision maker must advise
the applicant in writing that the edited copy of the document has been prepared and of the
reason(s) for each of the deletions in the document (s.22(3) of the FOI Act).
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(i ) of the FOI Act from the documents that form the scope of your request.
47F Public interest conditional exemptions—personal privacy
(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
fol owing 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:
FOIREQ22/00291 250
(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 fol owing:
(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).
The documents that are exempt, either in full or in part, under section 47F of the FOI Act
contain personal information.
Having formed the view that the documents are of a kind to which section 47F does apply, I
am required to consider whether disclosure of the documents would be unreasonable. I took
the following information into consideration:
y
The information is not your personal information. This weighs against the release being
reasonable.
y
Every person has the right to expect that their personal information will be securely
maintained by the Department. This weighs against the release being reasonable.
y
The information does not appear to be in the public forum. This weighs against the
release being reasonable.
On balance I believe it would be unreasonable to release these documents in their complete
format.
Having formed the view that the documents are of a kind to which section 47F(1) does apply,
I am required to consider whether disclosure of the documents would be contrary to the
public interest.
I have considered:
Arguments in favour of the disclosure of the documents include:
x a person having a general right of access to any material about them held by the
government;
x there is a general public interest in making information held by the Government
accessible to the public;
x a person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x inform debate on a matter of public importance; and
x the need for openness and accountability of the Department’s operations.
x the extent to which the information is known by the public.
Arguments that against disclosure of the documents include:
x it is a core Government concern to maintain the integrity of the information it holds and in
the maintaining of an individual’s privacy
FOIREQ22/00291 251
x prejudice the fair treatment of individuals
x prejudice security, law enforcement, public health or safety
Melissa
Position number 60046995
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00291 252
Attachment B – Schedule of Documents
Client Details
s 22
Electronic record – s 22
Page No.
Description
Decision
Legislation
1 - 9
Personal information of another
Exempt in part
s.47F(1)
FOIREQ22/00291 253
30 May 2022
s 22
Sent via email: s 22
In reply please quote:
s 22
Dear s 22
Freedom of Information request – Revised decision
s 22
(the applicant) has authorised you to receive, on their behalf,
correspondence about their Freedom of Information (FOI) request. Correspondence will not
be sent directly to the applicant. In this letter, references to 'you' relate to the applicant.
This letter refers to an access request received by the Department of Home Affairs (‘the
Department’) under the
Freedom of Information Act 1982 (the FOI Act) on 4 October 2021,
seeking access to:
s 22
Deemed refused decision
A ‘deemed refusal’ has occurred as the time for making a decision has expired on 3
November, 2021 and you have not been given a notice of decision.
You have made an application for review of the deemed refusal decision with the Office of
the Australian Information Commissioner (OAIC). The OAIC has notified the Department that
the Information Commissioner will review the deemed refusal decision.
FOIREQ22/00291 254
Revocation of deemed refused decision
Section 55G of the FOI Act allows for a revocation or variation of access refusal decision during
a review by the Information Commissioner (IC):
55G Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an
application under section 48 at any time during an IC review of the access
refusal decision if the variation or substitution (the revised decision)
would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister
makes the variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC
review application for the review of the varied or substituted
decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the terms of your request;
x Departmental documents, (identified below)
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to exempt in part the documents in the possession of the Department, which
fall within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B.
Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act
FOIREQ22/00291 255
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
Contacting the FOI Section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
John
Position number: 6004 6997
FOI Decision Maker
Freedom of Information Victoria
E: xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
x
Attachment A – Decision Record
x
Attachment B – Schedule of Documents
x
Documents released to you under the FOI Act
FOIREQ22/00291 256
Attachment A – Decision Record
Client Details
s 22
Scope of Request
s 22
Departmental records within scope
No.
Description
Reference (if applicable)
No. of folios
1.
341
2.
N/A
3.
N/A
4.
1
s 22
5.
1
6.
62
7.
353
8.
73
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate Departmental records.
FOIREQ22/00291 257
Information considered
In reaching my decision, I have considered the following:
x the
Freedom of Information Act 1982;
x the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
x the terms of your request;
x Departmental documents, (identified above)
Reasons for decision
I have considered the documents within the scope of your request and applied exemptions in
part or in full as detailed in the Schedule of Documents. You should read the schedule in
conjunction with the reasons for exemption below.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff. This includes their
names, direct email addresses and also the mobile and direct work telephone numbers of
these staff. This material has therefore been removed under s 22 (1)(a)(i ) of the FOI Act
from the documents that form the scope of your request.
You wil see these exemptions in the documents released to you as they wil be clearly
identified with ‘s 22 (1)(a)(i )’ however they will not be individually noted in the Schedule of
Documents.
Please note that there are times that this same section of the FOI Act will be used to remove
other material and this wil be in the Schedule of Documents with a clear explanation as to
what the material is.
22 Access to edited copies with exempt or irrelevant matter deleted (extract)
Scope
(1) This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(i ) 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
(i ) 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
(i ) 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.
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a
document contains exempt information or material that is irrelevant to the request and it is
possible for the agency to prepare an edited copy of the document with the irrelevant or
exempt material deleted, then the agency must prepare such a copy.
FOIREQ22/00291 258
This edited copy must be provided to the applicant. Further, the decision maker must advise
the applicant in writing that the edited copy of the document has been prepared and of the
reason(s) for each of the deletions in the document (s.22(3) of the FOI Act).
Exempt material is deleted pursuant to s.22(1)(a)(i) and irrelevant material is deleted
pursuant to s.22(1)(a)(i ) of the FOI Act.
I have decided that parts of the file/document would disclose information that could
reasonably be regarded as irrelevant to your request.
This information consists of third
party names not associated with your application.
The schedule identifies documents where material has either been deleted as exempt
information under the FOI Act; or deleted as irrelevant to the scope of the request.
47E Public interest conditional exemptions—certain operations of agencies
A document is conditionally exempt if its disclosure under this Act would, or could reasonably
be expected to, do any of the following:
(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 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 generally be given to a conditionally exempt document unless it would be
contrary to the public interest (see section 11A).
For a document to be exempt under section 47E(d), I must be satisfied that there is a
reasonable expectation that its disclosure will result in a substantial adverse effect on the
department’s operations and that there is no overriding public interest in favour of disclosure.
In my opinion the documents listed in the Schedule as exempt under this section could
reasonably be expected, if disclosed, to prejudice the effectiveness of the operations of this
department.
Having formed this view I then considered whether release of the documents would be
contrary to the public interest.
I considered the following factors in favour of disclosure:
x There is a general public interest in making information held by the Government
accessible to the public;
x
A person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x
Inform debate on a matter of public importance; and
x
The need for openness and accountability of the department’s operations.
x
The extent to which the information is known by the public.
On the other hand I considered the following in favour of non-disclosure:
x An unfair advantage could be gained by knowledge of the operations of the
department;
x
Reveal covert operating procedures, the release of which would require the
department to change the way it operates.
FOIREQ22/00291 259
Releasing information about the way the department operates may enable applicants to
circumvent certain processes in the future. This would result in the department having to
continually change its processes at a cost to the department. I have given this the most
weight. I therefore believe that releasing this information would be contrary to the public
interest.
47F Public interest conditional exemptions—personal privacy
(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
fol owing 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;
(b) a psychiatrist;
(c) a psychologist;
(d) a counsellor;
(e) a social worker.
FOIREQ22/00291 260
Note:
Access must generally be given to a conditionally exempt document unless it
would be contrary to the public interest (see section 11A).
The documents that are exempt, either in full or in part, under section 47F of the FOI Act
contain personal information.
Having formed the view that the documents are of a kind to which section 47F does apply, I
am required to consider whether disclosure of the documents would be unreasonable. I took
the following information into consideration:
y
The information appears on a file that holds your personal information. This weighs in
favour of the release being reasonable.
y
The information is not your personal information. This weighs against the release being
reasonable.
y
Every person has the right to expect that their personal information will be securely
maintained by the department. This weighs against the release being reasonable.
y
The information does not appear to be in the public forum. This weighs against the
release being reasonable.
On balance I believe it would be unreasonable to release these documents in their complete
format.
Having formed the view that the documents are of a kind to which section 47F(1) does apply,
I am required to consider whether disclosure of the documents would be contrary to the
public interest.
I have considered:
Arguments in favour of the disclosure of the documents include:
x a person having a general right of access to any material about them held by the
government;
x there is a general public interest in making information held by the Government
accessible to the public;
x a person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x inform debate on a matter of public importance; and
x the need for openness and accountability of the department’s operations.
x the extent to which the information is known by the public.
Arguments against disclosure of the documents include:
x it is a core Government concern to maintain the integrity of the information it holds and in
the maintaining of an individual’s privacy
x prejudice the fair treatment of individuals
x prejudice security, law enforcement, public health or safety
The information contained within the identified documents wholly relates to a person other
than you. The department is obliged to take action to prevent the unreasonable disclosure of
an individual’s personal information and I have given this the greatest weight.
I consider that disclosure of this information would be contrary to the public interest and it is
therefore exempt from disclosure under section 47F of the FOI Act.
FOIREQ22/00291 261
47B Public interest conditional exemptions—Commonwealth-State
relations etc.
A document is conditionally exempt if disclosure of the document under this Act:
(a) would, or could reasonably be expected to, cause damage to relations between the
Commonwealth and a State; or
(b) would divulge information or matter communicated in confidence by or on behalf of
the Government of a State or an authority of a State, to the Government of the
Commonwealth, to an authority of the Commonwealth or to a person receiving the
communication on behalf of the Commonwealth or of an authority of the
Commonwealth; or
(c) would, or could reasonably be expected to, cause damage to relations between the
Commonwealth and Norfolk Island; or
(d) would divulge information or matter communicated in confidence by or on behalf of
the Government of Norfolk Island or an authority of Norfolk Island, to the Government
of the Commonwealth, to an authority of the Commonwealth or to a person receiving
the communication on behalf of the Commonwealth or an authority of the
Commonwealth; or
(e) would, or could reasonably be expected to, cause damage to relations between
Norfolk Island and a State; or
(f) would divulge information or matter communicated in confidence by or on behalf of the
Government of a State or an authority of a State, to the Government of Norfolk Island,
to an authority of Norfolk Island or to a person receiving the communication on behalf
of Norfolk Island or of an authority of Norfolk Island.
Note: Access must generally be given to a conditionally exempt document unless it would
be contrary to the public interest (see section 11A).
I have decided that the documents identified in the Schedule as exempt under section 47B(b)
are documents that would divulge information or matter communicated in confidence by a
State to the Commonwealth.
I am of the view that releasing the material I have exempted under this part would contribute
to a lessening of confidence that State governments place on the Commonwealth
government, which could reasonably be expected to result in a reduction of the quality and
quantity of information provided by States.
Having formed the view that the release of the documents would reveal information or matter
communicated in confidence by the State to the Commonwealth I then considered whether
release of the documents would be contrary to the public interest.
I considered the following factors in favour of disclosure:
x There is a general public interest in making information held by the Government
accessible to the public;
x A person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x Inform debate on a matter of public importance; and
x The need for openness and accountability of the department’s operations.
FOIREQ22/00291 262
On the other hand I considered the following in favour of non-disclosure:
y
When providing information in confidence there is an inherent expectation that the
confidence will be maintained.
y
The need for Commonwealth and State to be able to work closely together to the
benefit of the Australian public;
y
The Commonwealth’s ability to administer its laws without the cooperation of State
authorities;
y
The documents relate specifical y to one case and do not affect the interpretation or
administration of a policy in relation to a cohort group.
Given the possible effect on the ability of Commonwealth and State to work together, I have
given more weight to those factors that favour non-disclosure.
On balance I have decided that the public interest in the non-disclosure of the documents
out-weighs the public interest in disclosing the documents, therefore the release would be
contrary to the public interest and the documents are exempt under section 47B of the FOI
Act.
47D Public interest conditional exemptions—financial or property interests of the
Commonwealth or Norfolk Island
A document is conditionally exempt if its disclosure under this Act would have a substantial
adverse effect on the financial or property interests of the Commonwealth, of Norfolk Island
or of an agency.
Note: Access must generally be given to a conditionally exempt document
unless it would be contrary to the public interest (see section 11A).
The documents I have exempted under section 47D relate to the commercial activities of the
department. The release of these documents would have a substantial adverse effect on the
financial or property interests of the Commonwealth.
Having formed the view that the release of the documents would have a substantial adverse
effect on the financial or property interests of the Commonwealth I then considered whether
release of the documents would be contrary to the public interest.
I considered the following factors in favour of disclosure:
x There is a general public interest in making information held by the Government
accessible to the public;
x A person or the general public is entitled to have access to documents containing
decisions which affect them. Disclosure may reveal the reasons for decision;
x Inform debate on a matter of public importance; and
x The need for openness and accountability of the department’s operations.
On the other hand I considered the following in favour of non-disclosure:
y
Prejudice the competitive commercial activities of the department;
y
Provide an unfair advantage in relation to lawful tender process;
y
Affect the department’s ability to use public money effectively.
The department’s responsibility to use public money lawfully and effectively has been given
the most weight. I am satisfied therefore the release would be contrary to the public interest
and the documents are exempt under section 47D of the FOI Act.
FOIREQ22/00291 263
37 Documents affecting enforcement of law and protection of public safety
(1) A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to:
(a) prejudice the conduct of an investigation of a breach, or possible breach, of the law,
or a failure, or possible failure, to comply with a law relating to taxation or prejudice
the enforcement or proper administration of the law in a particular instance;
(b) disclose, or enable a person to ascertain, the existence or identity of a confidential
source of information, or the non-existence of a confidential source of information, in
relation to the enforcement or administration of the law; or
(c) endanger the life or physical safety of any person.
(2) A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to:
(a) prejudice the fair trial of a person or the impartial adjudication of a particular case;
(b) disclose lawful methods or procedures for preventing, detecting, investigating, or
dealing with matters arising out of, breaches or evasions of the law the disclosure of
which would, or would be reasonably likely to, prejudice the effectiveness of those
methods or procedures; or
(c) prejudice the maintenance or enforcement of lawful methods for the protection of
public safety.
Section 37(2)(b)
The information which I have exempted under section 37(2)(b) is information which, if
disclosed, would reveal lawful methods or procedures used by the department to investigate
complaints and would be reasonably likely to prejudice the effectiveness of those methods or
procedures.
I believe disclosure of this information would reasonably compromise the department’s
investigation strategy by revealing the department’s methods of investigating issues and in
so doing would compromise the department’s ability to successfully utilise such methods or
procedures in the future.
It is important that these processes are kept confidential to prevent persons from
circumventing these procedures, or from providing false information during these
investigations. Release of this information would prejudice the effectiveness of the referral
process, and the attainment of true and correct information.
Yours sincerely
John
Position number: 6004 6997
FOI Decision Maker
Freedom of Information Victoria
E: xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00291 264
Attachment B – Schedule of Documents
Client Details
s 22
Departmental Electronic File - s 22
Page No. Description
Decision
Legislation
1-10
Released in full
11-13
Information provided in confidence from a
Exempt in part
s.47B(b)
Stage agency
14-77
Released in full
78
Third party names not associated with your
Exempt in part
s.22(1)(a)(i)
application
79-92
Released in full
93-95
Operations and processes of Department
Exempt in full
s.47E(d)
96-151
Released in full
152-161
Operations and processes of Department
Exempt in full
s.47E(d)
162-259
Released in full
260
Third party details
Exempt in full
s.47F(1)
261-341
Released in full
Audio recording - s 22
Page No. Description
Decision
Legislation
N/A
Released in full
Audio recording - s 22
Page No. Description
Decision
Legislation
N/A
Released in full
FOIREQ22/00291 265
s 22
Page No. Description
Decision
Legislation
1
Released in full
s 22
Page No. Description
Decision
Legislation
1
Released in full
Departmental Paper File – s 22
Page No. Description
Decision
Legislation
1
Financial/property interests of the
Exempt in part
s.47D
Commonwealth
2-13
Released in full
14
Operations and processes of Department
Exempt in full
s.47E(d)
15-62
Released in full
Departmental Electronic File – s 22
Page No. Description
Decision
Legislation
1
Released in full
2
Operations and processes of Department
Exempt in full
s.47E(d)
3-4
Released in full
5
Operations and processes of Department
Exempt in full
s.47E(d)
6-13
Released in full
14
Third party details
Exempt in full
s.47F(1)
15-38
Released in full
39
Third party details
Exempt in full
s.47F(1)
40-74
Released in full
75
Third party details
Exempt in full
s.47F(1)
76-87
Released in full
88
Third party details
Exempt in full
s.47F(1)
89-94
Released in full
95
Third party details
Exempt in full
s.47F(1)
96-105
Released in full
106
Third party details
Exempt in full
s.47F(1)
107
Released in full
108
Third party details
Exempt in full
s.47F(1)
109
Released in full
FOIREQ22/00291 266
110-111
Third party details
Exempt in full
s.47F(1)
112-116
Released in full
117-119
Third party details
Exempt in full
s.47F(1)
120-123
Released in full
124-130
Third party details
Exempt in full
s.47F(1)
131
Released in full
132
Third party details
Exempt in full
s.47F(1)
133-153
Released in full
154-157
Operations and processes of Department
Exempt in full
s.47E(d)
158-190
Released in full
191
Third party details
Exempt in full
s.47F(1)
192-203
Released in full
204
Third party details
Exempt in full
s.47F(1)
205-268
Released in full
269
Third party details
Exempt in full
s.47F(1)
270
Released in full
271
Third party details
Exempt in full
s.47F(1)
272-276
Released in full
277
Third party details
Exempt in full
s.47F(1)
278-293
Released in full
294
Third party details
Exempt in full
s.47F(1)
295-300
Released in full
301
Third party details
Exempt in full
s.47F(1)
302-323
Released in full
324
Third party details
Exempt in full
s.47F(1)
325-336
Released in full
337
Third party details
Exempt in full
s.47F(1)
338
Released in full
339
Third party details
Exempt in full
s.47F(1)
340
Released in full
341
Third party details
Exempt in full
s.47F(1)
342-352
Released in full
353
Third party details
Exempt in full
s.47F(1)
Electronic File - s 22
Page No. Description
Decision
Legislation
1-3
Released in full
4
Departmental processes and methodology
Exempt in part
s.37(2)(b)
5-21
Released in full
22
Operations and processes of Department
Exempt in part
s.47E(d)
23-26
Released in full
27
Departmental processes and methodology
Exempt in part
s.37(2)(b)
28-65
Released in full
66-67
Information provided in confidence from a
Exempt in part
s.47B(b)
Stage agency
68-73
Released in full
