Date: Fri, 16 Sep 2022 04:17:14 +0000
Subject: Freedom of Information request - AICmr numbers (decisions) not available publicly
From: Ben Fairless <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: OAIC - Legal <xxxxx@xxxx.xxx.xx>

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Dear Office of the Australian Information Commissioner,

Please treat this request administratively if possible, otherwise treat it as an FOI request.

The OAIC refers people to Austlii for decisions that are made by the Information Commissioner. Each request on Austlii for the OAIC has an AICmr number associated with it (for example, “[2022] AICmr 63”).

During a routine search of Austlii I found that a number of AICmr numbers appear to be missing from Austlii.

To assist the OAIC, examples of decisions from Austlii that I can’t find include but are not limited to:
[2022] AICmr 60
[2022] AICmr 59
[2022] AICmr 33

This was from a 5 minute search, I’m sure there are more.

I’m seeking information (or documents) that:
1. Discuss or explain why an AICmr number may not be allocated to a decision.
2. Discuss why, if an AICmr number has been allocated to a decision, that decision may not be published on Austlii, and if so where it would be published.
3. Are policies or procedures on the publication of decisions on Austlii, including the process that is used to publish those decisions and any approval processes required for a decision to be published.
4. Are any policies or procedures on the removal of decisions from Austlii, including approval processes and steps required to remove a decision from Austlii.
5. Are any requests to remove decisions that have already been published on Austlii, and all documents that relate to each of those requests.

I am happy to exclude as irrelevant:
1. Duplicates of documents (for example, duplicate emails or email chains).
2. All phone numbers, both landline and mobile.
3. The portion of all email addresses before the domain (for example, for the email address “xxxx.xxxxx@xxxx.xxx.xx” I am happy for you to exclude “jane.smith” but do not exclude “oaic.gov.au”).
4. Names of OAIC staff below SES level *unless* the position of the staff member is not defined in the document (for example, if an email contains “John Smith” and their position “Senior Lawyer” then I am happy for “John Smith” to be redacted. If “Senior Lawyer” is not contained in the document then I do not consent to it being redacted).
5. The names of individuals not part of the OAIC. Please note the rules at part 2 and 3 apply to individuals not part of the OAIC. I do not consent to the removal of position descriptions, organisation names, or domain names of non-OAIC entities.

I consider this request to be in the public interest as it may disclose a breach (inadvertently or intentionally) of the Freedom of Information Act, and public access to decisions of a decision making body are inherently integral to our legal system. My understanding of the FOI Act is that “The Information Commissioner must publish a decision on an IC review to members of the public generally.”

In addition to providing suggested documents, any information the OAIC line areas are willing to provide that alleviates the concerns that decisions are not correctly being published correctly.

I look forward to your response.

Yours faithfully,

Ben Fairless

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