FOIREQ2200296 Documents Redacted.pdf

FOIREQ22/00296 001
GRIMM,Matilda
From:
Rocelle Ago
Sent:
Wednesday, 15 October 2014 3:10 PM
To:
xxxxxxxx@xxxxxxx.xxx.xx
Cc:
Caren Whip (xxxxx.xxxx@xxxx.xxx.xx)
Subject:
FW: [2014/887] Re: Please remove [2014] AICmr 68 from the website
[SEC=UNCLASSIFIED]
Thanks you very much!

Rocelle Ago | Assistant Director | Dispute Resolution Office of the Australian Information Commissioner Level 3, 175
Pitt Street, SYDNEY NSW 2000 GPO Box 5128 SYDNEY NSW 2001| www.oaic.gov.au
Phone: +61 2 9284 9621 | E-mail: xxxxxxx.xxx@xxxx.xxx.xx

-----Original Message-----
From: xxxxxxxx@xxxxxxx.xxx.xx [mailto:xxxxxxxx@xxxxxxx.xxx.xx]
Sent: Wednesday, 15 October 2014 2:06 PM
To: Rocelle Ago
Subject: [2014/887] Re: Please remove [2014] AICmr 68 from the website

Dear Rocelle Ago,

Department of Defence and s 22
[2014] AICmr 68 (11 July 2014) has been removed.

Thanks

--chris

--- Your mail included below: ---

I am acting on behalf of the Office of the Australian Information Commissioner. The Commissioner's decision in
Department of Defence and s 22
[2014] AICmr 68 (11 July 2014) is currently before the AAT and one of
issues is anonymity of the respondent. On this basis, please remove the decision, URL
http://www.austlii.edu.au/au/cases/cth/AICmr/2014/68.html

Please contact me on Phone: +61 2 9284 9621 | E-mail: xxxxxxx.xxx@xxxx.xxx.xx if you have any queries.

Kind regards
Rocelle Ago

Rocelle Ago | Assistant Director | Dispute Resolution Office of the Australian Information Commissioner Level 3, 175
Pitt Street, SYDNEY NSW 2000 GPO Box 5128 SYDNEY NSW 2001| www.oaic.gov.au
Phone: +61 2 9284 9621 | E-mail: xxxxxxx.xxx@xxxx.xxx.xx

--- End included mail ---

--
AustLII Feedback Reports
http://www.austlii.edu.au/austlii/feedback.html
1

FOIREQ22/00296 002

2

FOIREQ22/00296 003
GRIMM,Matilda
From:
Rocelle Ago
Sent:
Thursday, 16 October 2014 10:25 AM
To:
Caren Whip
Cc:
Karen Toohey
Subject:
RE: s 22  matter [DLM=Sensitive:Legal]
I suspected as much but I added it in as per our discussion yesterday 

Re the letter, you might also want to add that the declaration has been removed from AustLII as of 15/10/2014.

Also, out of curiosity, what are the issues that the applicant is putting forward? I thought he was mainly concerned
about anonymity?

Rocelle Ago | Assistant Director | Dispute Resolution Branch
Office of the Australian Information Commissioner
175 Pitt Street SYDNEY NSW
GPO Box 5218 SYDNEY NSW 2001
+61 2 9284 9621 | xxxxxxx.xxx@xxxx.xxx.xx

From: Caren Whip
Sent: Thursday, 16 October 2014 10:20 AM
To: Rocelle Ago
Cc: Karen Toohey
Subject: RE: s 22  matter [DLM=Sensitive:Legal]

Thanks for that Rocelle – the marked up declaration looks good.

I don’t think there will be any difficulty getting s 22
and Defence’s agreement to varying the declaration in
order to anonymise it.

However I am not sure either other party will agree to finalising the matter. It seems Defence are keen to expand
the terms of the Declaration. So finalising the matter at this time, may not suit. I guess we can put it out there,
though.

However, I don’t want the request to the AAT to convey that our agreement to anonymity is conditional i.e. that the
decision will only be anonymised in the event that the matter is finalised.

I’ll now draft up a letter for the AAT covering this and our role in the proceedings for John’s review.

Thanks again -appreciate your help on this one.

Cheers
Caren

Caren Whip | Acting Director | Legal Services|
Office of the Australian Information Commissioner |
GPO Box 5218 SYDNEY NSW 2001 |www.oaic.gov.au|
Phone: +61 2 9284 9826 | Enquiries: 1300 363 992 | Fax: +61 2 9284 9666 |
Email: xxxxx.xxxx@xxxx.xxx.xx

Protecting information rights – advancing information policy

1

FOIREQ22/00296 004
From: Rocelle Ago
Sent: Wednesday, 15 October 2014 5:56 PM
To: Caren Whip
Cc: Karen Toohey
Subject: RE: s 22  matter [DLM=Sensitive:Legal]

Hi Caren

I’ve made some enquiries and also undertaken some research as to what is the most preferable way to proceed.

  Section 42C of the AAT Act provides the AAT to make a decision in accordance with an agreement reached
by the parties (commonly known as a ‘consent order’).
  We could request a decision via consent order that the decision be varied with all references to the
respondent anonymised and/or deleted and replaced with ‘the respondent’ and that para 35 be deleted.
We can also request the matter be finalised. I’ve included an example consent order that we adapt.
  I’ve attached a marked up version of the declaration.

Happy to discuss,
Rocelle

From: Rocelle Ago
Sent: Tuesday, 14 October 2014 2:11 PM
To: Caren Whip
Cc: Karen Toohey
Subject: RE: s 22  matter [SEC=UNCLASSIFIED]

Hi Caren

Please find attached an anonymised version of the vexatious applicant declaration against s 22
. I’ve included a
query against para 35 – para 35 basically says that it’s ok to identify him in this circumstance given he is identified in
earlier proceedings. We will need to revisit that para – if we need to remove it, there’s a question of whether we are
making a fresh decision and whether it’s appropriate to al ocate it a new AICmr number.

Happy to discuss,

Rocelle Ago | Assistant Director | Dispute Resolution Branch
Office of the Australian Information Commissioner
175 Pitt Street SYDNEY NSW
GPO Box 5218 SYDNEY NSW 2001
+61 2 9284 9621 | xxxxxxx.xxx@xxxx.xxx.xx

From: Rocelle Ago
Sent: Tuesday, 14 October 2014 1:42 PM
To: Caren Whip
Cc: Karen Toohey
Subject: RE: s 22  matter [SEC=UNCLASSIFIED]

Hi Caren

No worries, I’ll look at the decision and work at anonymising it. Re AustLII, we just send AustLII an email with the
revised decision and that will replace the one that is currently on there. That can be completed whenever we are
happy with the revised decision. Our website just points to AustLII so no work needs to be done there.

Thanks

Rocelle Ago | Assistant Director | Dispute Resolution Branch
2

FOIREQ22/00296 005
Office of the Australian Information Commissioner
175 Pitt Street SYDNEY NSW
GPO Box 5218 SYDNEY NSW 2001
+61 2 9284 9621 | xxxxxxx.xxx@xxxx.xxx.xx

From: Caren Whip
Sent: Tuesday, 14 October 2014 1:39 PM
To: Rocelle Ago
Cc: Karen Toohey
Subject: s 22  matter [SEC=UNCLASSIFIED]

Hi Rocelle

I am hoping you can assist me an issue I have re the s 22  matter.

s 22
has requested, amongst other things, that we expunge his name from the published declaration. The
Tribunal has requested that the OAIC consider the matter and provide advice to s 22
and the Tribunal within
14 days (from 10 Oct).

I met with John this morning, and he is prepared to look at it. Can you assist with the anonymising of the
decision/publication? In other words, using a pseudonym where s 22
name appears in the decision, and
taking out the case titles, leaving only case references, e.g. [2004] AATA 33.

If we can prepare such a draft, I will run it by John before we send onto s 22
and the Tribunal. Once/if all
parties are happy with it, we will then look at amending it on our website, and ask Austlii to publish an amended
version (I will need your help with this process too if that’s ok).

Happy to discuss further, just wanted to get the request to you given we have a tight timeframe on this. I am
heading out of the office in 15 minutes, but will see you tomorrow at the UNSW seminar and can maybe chat about
it then.

Thanks

Caren Whip | Acting Director | Legal Services|
Office of the Australian Information Commissioner |
GPO Box 5218 SYDNEY NSW 2001 |www.oaic.gov.au|
Phone: +61 2 9284 9826 | Enquiries: 1300 363 992 | Fax: +61 2 9284 9666 |
Email: xxxxx.xxxx@xxxx.xxx.xx

Protecting information rights – advancing information policy

3

FOIREQ22/00296 006
GRIMM,Matilda
From:
Caren Whip
Sent:
Monday, 8 December 2014 11:08 AM
To:
Website; Rocelle Ago
Subject:
RE: s 22  matter [DLM=Sensitive:Legal]
Thanks to both of you!

Caren Whip | Acting Director | Legal Services|
Office of the Australian Information Commissioner |
GPO Box 5218 SYDNEY NSW 2001 |www.oaic.gov.au|
Phone: +61 2 9284 9826 | Enquiries: 1300 363 992 | Fax: +61 2 9284 9666 |
Email: xxxxx.xxxx@xxxx.xxx.xx

Protecting information rights – advancing information policy

From: Website
Sent: Monday, 8 December 2014 10:12 AM
To: Rocelle Ago
Cc: Caren Whip
Subject: RE: s 22  matter [DLM=Sensitive:Legal]

Hi Rocelle,

It’s been republished 

Cheers
Amanda.

From: Rocelle Ago
Sent: Sunday, 7 December 2014 8:53 PM
To: Website
Cc: Caren Whip
Subject: RE: s 22  matter [DLM=Sensitive:Legal]

Hi Amanda

I can’t access it with my logon. But yes, it can be republished exactly as it was. It is now available on Austlii:
http://www.austlii.edu.au/au/cases/cth/AICmr/2014/68.html

Thanks
Rocelle

From: Website
Sent: Friday, 5 December 2014 5:34 PM
To: Rocelle Ago
Cc: Caren Whip
Subject: RE: s 22  matter [DLM=Sensitive:Legal]

Hi Rocelle,

Can it be republished exactly as it was? You can see it in its unpublished form by logging into the site, then going to
this link: http://www.oaic.gov.au/freedom-of-information/applying-the-foi-act/foi-declarations/2014-aicmr-68
1

FOIREQ22/00296 007

Thanks
Amanda.

From: Rocelle Ago
Sent: Friday, 5 December 2014 4:05 PM
To: Website
Cc: Caren Whip
Subject: RE: s 22  matter [DLM=Sensitive:Legal]

Hi Amanda

Could you please republish
  the reference/hyperlink to ‘Department of Defence and s 22 ’ ,on http://www.oaic.gov.au/freedom-of-
information/applying-the-foi-act/foi-declarations
  the page http://www.oaic.gov.au/freedom-of-information/applying-the-foi-act/foi-declarations/2014-
aicmr-68

I have sent the decision to AustLII to republish – it should be available by tomorrow.

Please let me know if you need anything else.

Thanks
Rocelle

From: Website
Sent: Thursday, 16 October 2014 3:36 PM
To: Rocelle Ago
Cc: Caren Whip
Subject: RE: s 22  matter [DLM=Sensitive:Legal]

Hi Rocelle,

I’ve unpublished that article and also removed the PDF version.

Cheers
Amanda.

From: Rocelle Ago
Sent: Thursday, 16 October 2014 3:06 PM
To: Website
Cc: Caren Whip
Subject: FW: s 22  matter [DLM=Sensitive:Legal]
Importance: High

Hi webteam

Could you please remove
  the reference/hyperlink to ‘Department of Defence and s 22 ’ ,on http://www.oaic.gov.au/freedom-of-
information/applying-the-foi-act/foi-declarations
  delete the page http://www.oaic.gov.au/freedom-of-information/applying-the-foi-act/foi-
declarations/2014-aicmr-68

This matter is currently on appeal to the AAT.

The decision on AustLII has been removed.
2

FOIREQ22/00296 008

Thanks

Rocelle Ago | Assistant Director | Dispute Resolution Branch
Office of the Australian Information Commissioner
175 Pitt Street SYDNEY NSW
GPO Box 5218 SYDNEY NSW 2001
+61 2 9284 9621 | xxxxxxx.xxx@xxxx.xxx.xx

From: Caren Whip
Sent: Thursday, 16 October 2014 2:18 PM
To: Rocelle Ago
Subject: RE: s 22  matter [DLM=Sensitive:Legal]

Hi again

Re this matter, can we remove the decision from our website now? It seems we can access it in pdf format without
having to go to Austlii?

Probably should discuss with Jonathan?

Thanks
Caren Whip | Acting Director | Legal Services|
Office of the Australian Information Commissioner |
GPO Box 5218 SYDNEY NSW 2001 |www.oaic.gov.au|
Phone: +61 2 9284 9826 | Enquiries: 1300 363 992 | Fax: +61 2 9284 9666 |
Email: xxxxx.xxxx@xxxx.xxx.xx

Protecting information rights – advancing information policy

From: Rocelle Ago
Sent: Wednesday, 15 October 2014 5:56 PM
To: Caren Whip
Cc: Karen Toohey
Subject: RE: s 22  matter [DLM=Sensitive:Legal]

Hi Caren

I’ve made some enquiries and also undertaken some research as to what is the most preferable way to proceed.

  Section 42C of the AAT Act provides the AAT to make a decision in accordance with an agreement reached
by the parties (commonly known as a ‘consent order’).
  We could request a decision via consent order that the decision be varied with all references to the
respondent anonymised and/or deleted and replaced with ‘the respondent’ and that para 35 be deleted.
We can also request the matter be finalised. I’ve included an example consent order that we adapt.
  I’ve attached a marked up version of the declaration.

Happy to discuss,
Rocelle

From: Rocelle Ago
Sent: Tuesday, 14 October 2014 2:11 PM
To: Caren Whip
Cc: Karen Toohey
Subject: RE: s 22  matter [SEC=UNCLASSIFIED]

3

FOIREQ22/00296 009
Hi Caren

Please find attached an anonymised version of the vexatious applicant declaration against s 22
. I’ve included a
query against para 35 – para 35 basically says that it’s ok to identify him in this circumstance given he is identified in
earlier proceedings. We will need to revisit that para – if we need to remove it, there’s a question of whether we are
making a fresh decision and whether it’s appropriate to al ocate it a new AICmr number.

Happy to discuss,

Rocelle Ago | Assistant Director | Dispute Resolution Branch
Office of the Australian Information Commissioner
175 Pitt Street SYDNEY NSW
GPO Box 5218 SYDNEY NSW 2001
+61 2 9284 9621 | xxxxxxx.xxx@xxxx.xxx.xx

From: Rocelle Ago
Sent: Tuesday, 14 October 2014 1:42 PM
To: Caren Whip
Cc: Karen Toohey
Subject: RE:s 22
matter [SEC=UNCLASSIFIED]

Hi Caren

No worries, I’ll look at the decision and work at anonymising it. Re AustLII, we just send AustLII an email with the
revised decision and that will replace the one that is currently on there. That can be completed whenever we are
happy with the revised decision. Our website just points to AustLII so no work needs to be done there.

Thanks

Rocelle Ago | Assistant Director | Dispute Resolution Branch
Office of the Australian Information Commissioner
175 Pitt Street SYDNEY NSW
GPO Box 5218 SYDNEY NSW 2001
+61 2 9284 9621 | xxxxxxx.xxx@xxxx.xxx.xx

From: Caren Whip
Sent: Tuesday, 14 October 2014 1:39 PM
To: Rocelle Ago
Cc: Karen Toohey
Subject: s 22  matter [SEC=UNCLASSIFIED]

Hi Rocelle

I am hoping you can assist me an issue I have re thes 22  matter.

s 22
has requested, amongst other things, that we expunge his name from the published declaration. The
Tribunal has requested that the OAIC consider the matter and provide advice to s 22
and the Tribunal within
14 days (from 10 Oct).

I met with John this morning, and he is prepared to look at it. Can you assist with the anonymising of the
decision/publication? In other words, using a pseudonym where s 22
name appears in the decision, and
taking out the case titles, leaving only case references, e.g. [2004] AATA 33.

If we can prepare such a draft, I will run it by John before we send onto s 22
and the Tribunal. Once/if all
parties are happy with it, we will then look at amending it on our website, and ask Austlii to publish an amended
version (I will need your help with this process too if that’s ok).

4

FOIREQ22/00296 010
Happy to discuss further, just wanted to get the request to you given we have a tight timeframe on this. I am
heading out of the office in 15 minutes, but will see you tomorrow at the UNSW seminar and can maybe chat about
it then.

Thanks

Caren Whip | Acting Director | Legal Services|
Office of the Australian Information Commissioner |
GPO Box 5218 SYDNEY NSW 2001 |www.oaic.gov.au|
Phone: +61 2 9284 9826 | Enquiries: 1300 363 992 | Fax: +61 2 9284 9666 |
Email: xxxxx.xxxx@xxxx.xxx.xx

Protecting information rights – advancing information policy

5

FOIREQ22/00296 011
GRIMM,Matilda
From:
Jenna Mercer
Sent:
Thursday, 22 July 2021 10:30 AM
To:
Raewyn Harlock; Rocelle Ago
Subject:
RE: [2021/647] Confirmation of receipt of your report to AustLII [SEC=OFFICIAL]
Thanks,

I'll pass that on to Sujini too.

Kind Regards

Jenna

Jenna Mercer   | Senior Review Adviser (Legal)
Significant and Systemic Reviews and Regulatory Advice Freedom of Information Regulatory Group Office of the
Australian Information Commissioner GPO Box 5218 Sydney NSW 2001 |  oaic.gov.au
+61 2 8231 4294 | xxxxx.xxxxxx@xxxx.xxx.xx

|

|

|

Subscribe to Information Matters

-----Original Message-----
From: Raewyn Harlock <xxxxxx.xxxxxxx@xxxx.xxx.xx>
Sent: Thursday, 22 July 2021 10:28 AM
To: Rocelle Ago <xxxxxxx.xxx@xxxx.xxx.xx>
Cc: Jenna Mercer <xxxxx.xxxxxx@xxxx.xxx.xx>
Subject: FW: [2021/647] Confirmation of receipt of your report to AustLII [SEC=OFFICIAL]

I have asked AustLII to remove the decision and have marked it as urgent. The person I spoke to said they will attend
to this job immediately.

For future reference, you can log a job with AustLII as follows:

1.
From AustLII home page select 'Feedback' from top right of page.
1

FOIREQ22/00296 012
2.
Select 'New report' under heading Feedback Report.
3.
Complete form - there is a check box for 'Reply requested urgently' at the bottom of this page.

I will let you know when I get a response from AustLII.

Raewyn

-----Original Message-----
From: xxxxxxxx@xxxxxxx.xxx.xx <xxxxxxxx@xxxxxxx.xxx.xx>
Sent: Thursday, 22 July 2021 10:23 AM
To: Raewyn Harlock <xxxxxx.xxxxxxx@xxxx.xxx.xx>
Subject: [2021/647] Confirmation of receipt of your report to AustLII

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognise the sender and know the content is safe.

This e-mail has been automatically generated in response to a form you
may have filled out at
<https://aus01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww2.austlii.edu.au%2Fcgi-
bin%2Ffeedback.cgi&data=04%7C01%7Crocelle.ago%40oaic.gov.au%7C1b9a6f1971d240d78c9b08d94ca7ca00
%7Cea4cdebd454f4218919b7adc32bf1549%7C0%7C0%7C637625105797967536%7CUnknown%7CTWFpbGZsb3d8e
yJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=kQSmWi%2BzS2
shJcz9JmPsyz3jMSP5Hlq9JwHAZ%2B6vS8M%3D&reserved=0>.

Your report/request has been assigned the matter number 2021/647. Thank
you for taking the time to submit this report. You can reply to this
e-mail if you would like to send us additional information. Please be
sure to leave the subject line intact.

If you did not fill out a report form at AustLII
(https://aus01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.austlii.edu.au%2F&data=04%7C01
%7Crocelle.ago%40oaic.gov.au%7C1b9a6f1971d240d78c9b08d94ca7ca00%7Cea4cdebd454f4218919b7adc32bf154
9%7C0%7C0%7C637625105797967536%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiL
CJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=5qGJp3GcW7u34WkxUMPrmv8DwDeSklfc3jCO81oWc%2B
k%3D&reserved=0)
then someone has filled it out using your e-mail address. Please report
such abuses to xxxxxxxxxx@xxxxxxx.xxx.xx.

A copy of your report is attached below:

| Subject: Request to remove decision from AICmr
| From: Raewyn Harlock <xxxxxx.xxxxxxx@xxxx.xxx.xx>

For urgent response please

Please remove the following decision from the Australian Information Commissioner decisions page:

s 22
and Department of the Prime Minister and Cabinet (Freedom of information) [2021] AICmr 36
(6 July 2021) - https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.austlii.edu.au%2Fcgi-
bin%2Fviewdoc%2Fau%2Fcases%2Fcth%2FAICmr%2F%2F2021%2F36.html&data=04%7C01%7Crocelle.ago%40
oaic.gov.au%7C1b9a6f1971d240d78c9b08d94ca7ca00%7Cea4cdebd454f4218919b7adc32bf1549%7C0%7C0%7C637
625105797967536%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJ
XVCI6Mn0%3D%7C1000&sdata=e1ynbjXjEYkrU%2FmammbHbUCA257kXtHQNwKFDqHoQTA%3D&reserve
d=0
2

FOIREQ22/00296 013

This decision was published last night in error.

3

FOIREQ22/00296 014
GRIMM,Matilda
From:
Rocelle Ago
Sent:
Thursday, 22 July 2021 10:40 AM
To:
Raewyn Harlock
Cc:
Jenna Mercer; Sujini Power; Suseela Durvasula
Subject:
RE: [2021/647] Request to remove decision from AICmr [SEC=OFFICIAL]
Many thanks Raewyn!

-----Original Message-----
From: Raewyn Harlock <xxxxxx.xxxxxxx@xxxx.xxx.xx>
Sent: Thursday, 22 July 2021 10:31 AM
To: Rocelle Ago <xxxxxxx.xxx@xxxx.xxx.xx>
Cc: Jenna Mercer <xxxxx.xxxxxx@xxxx.xxx.xx>; Sujini Power <xxxxxx.xxxxx@xxxx.xxx.xx>
Subject: FW: [2021/647] Request to remove decision from AICmr [SEC=OFFICIAL]

FYI

-----Original Message-----
From: xxxxxxxx@xxxxxxx.xxx.xx <xxxxxxxx@xxxxxxx.xxx.xx>
Sent: Thursday, 22 July 2021 10:29 AM
To: Raewyn Harlock <xxxxxx.xxxxxxx@xxxx.xxx.xx>
Subject: [2021/647] Re: Request to remove decision from AICmr

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognise the sender and know the content is safe.

Dear Raewyn Harlock,

s 22
and Department of the Prime Minister and Cabinet (Freedom of information) [2021] AICmr 36
(6 July 2021) has been removed.

Thanks

--- Your mail included below: ---

For urgent response please

Please remove the following decision from the Australian Information Commissioner decisions page:

s 22
and Department of the Prime Minister and Cabinet (Freedom of information) [2021] AICmr 36
(6 July 2021) - https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.austlii.edu.au%2Fcgi-
bin%2Fviewdoc%2Fau%2Fcases%2Fcth%2FAICmr%2F%2F2021%2F36.html&data=04%7C01%7Crocelle.ago%40
oaic.gov.au%7Cfe3452d5e02b4f12cf7708d94ca7fd8b%7Cea4cdebd454f4218919b7adc32bf1549%7C0%7C0%7C6376
25106662400284%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJX
VCI6Mn0%3D%7C1000&sdata=0Fg%2F8LTBYrX15xeGFbtBGgjlng%2BMMqK98Y7ai%2FGzUB8%3D&reserv
ed=0

This decision was published last night in error.

--- End included mail ---

1

FOIREQ22/00296 015
If you are a regular user of our free service, please consider if you or your organisation are able to provide us with
any funding assistance so that we can continue to provide, and improve, free access to legal materials online.
AustLII's current funding sources are listed at
https://aus01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.austlii.edu.au%2Faustlii%2Fcontributors
%2F&data=04%7C01%7Crocelle.ago%40oaic.gov.au%7Cfe3452d5e02b4f12cf7708d94ca7fd8b%7Cea4cdebd454
f4218919b7adc32bf1549%7C0%7C0%7C637625106662410241%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAw
MDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=6hHbN0z%2BhB%2BZ1aGx8zzSylQ
bBfKJsI4LWLRYshFtxi0%3D&reserved=0. Our form for making tax deductible contributions may be found at:
https://aus01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.austlii.edu.au%2Faustlii%2Fcontributors
%2Fcontribute.pdf&data=04%7C01%7Crocelle.ago%40oaic.gov.au%7Cfe3452d5e02b4f12cf7708d94ca7fd8b%7
Cea4cdebd454f4218919b7adc32bf1549%7C0%7C0%7C637625106662410241%7CUnknown%7CTWFpbGZsb3d8eyJ
WIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=UTH0uUQBBB1YB
Z4GMLimxcHeqkbgrmOFE3WdLEzo9Jo%3D&reserved=0

Thanks for your feedback,
AustLII Feedback Staff

--
AustLII Feedback Reports
https://aus01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.austlii.edu.au%2Faustlii%2Ffeedback.ht
ml&data=04%7C01%7Crocelle.ago%40oaic.gov.au%7Cfe3452d5e02b4f12cf7708d94ca7fd8b%7Cea4cdebd454f
4218919b7adc32bf1549%7C0%7C0%7C637625106662410241%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAw
MDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=9x%2BwG9Nj%2Fxsc2D3j2w4ZWHv
RUx%2BkKC2PRnuoTvLzDew%3D&reserved=0

2

FOIREQ22/00296 016
March 2022
s 22
Publish on AustLII
2.40 Determinations are generally published on AustLII. The process is set out in Attachment B.
Publish on Website
2.41 After a determination is published on AustLII, a summary is published on the OAIC’s website,
including a link to the published version on AustLII. Follow the process set out in
Attachment B.
s 22

Determinations Handbook – Privacy Enforcement Team
Page 17
oaic.gov.au

FOIREQ22/00296 018
March 2022
s 22
Step 12 – Send to AustLII
Send the RTF version to AustLII for publication.
To send a decision, set the publication request email to plain text. AustLII does not recognise any
other email formats. To set the email to plain text – click on File -> Options -> Compose message ->
select ‘Plain text’ from drop-down box and press ‘ok’.
Attach rtf file.
The subject must be: Decision name/citation [Sec = UNCLASSIFIED]
Send the email to: 'xxxx.xxxxx@xxxxxxx.xxx.xx' and 'xxxxxxxxx@xxxxxxxxxx.xxx.xx'
Email content must contain:
•
Password: s 47E(d)
•
Citation: [citation]
•
Date of determination: [insert]

Example (plain text) email

Determinations Handbook – Privacy Enforcement Team
Page 38
oaic.gov.au

FOIREQ22/00296 020
March 2022
Other things to note:
•
The website publishing request must include the following information:
−
Decision
−
Date of decision
−
Legislative provision
−
Determination status
−
Determination
−
Catchword summary
•
Documents should be provided with the title you want website visitors to see when they
download it – this is usually going to be the same as the citation if publishing a privacy
determination.
•
Make sure to use en dashes (–) not em dashes (—) hyphens (-) or commas to separate
catchwords and legislative provisions. Only the APP number not subsections need to be
included for the legislative provision field.
•
If approximately one-week has passed since the website request was sent and the
determination has not been uploaded to the OAIC’s website – a follow up email should be sent
to the Website team (xxxxxxx@xxxx.xxx.xx) to check when the decision will be uploaded. This
may need to be followed up with the website team more than once.
Example of template email to Website Team:
From: Determinations Team <xxxxxxxxxxxxxx@xxxx.xxx.xx>
Sent: Friday, 18 September 2020 9:45 AM
To: Website <xxxxxxx@xxxx.xxx.xx>
Cc: Cate Cloudsdale xxxx.xxxxxxxxxx@xxxx.xxx.xx; xxxxx@xxxx.xxx.xx
Subject: Website publishing request - Privacy determination Summary [CP ref] - [webpage
title / citation] [SEC=OFFICIAL:Sensitive]
Good morning Website team

Website publication request
Document
As set out in email below

Determinations Handbook – Privacy Enforcement Team
Page 40
oaic.gov.au

FOIREQ22/00296 021
March 2022
Document type
Summary and link to privacy determination
Place to publish
https://www.oaic.gov.au/privacy/privacy-decisions/privacy-
determinations/
Timing
Standard – no deadline, as soon as practicable

Document:

Decision
‘VI’ and CSIRO (Privacy) [2020] AICmr 44 (19 August 2020)
Date
19 August 2020
Legislative
APP 6 – APP 11
provision
Determination
Finalised
status
Finding
Breach
Remedies
Written apology to the complainant acknowledging the privacy
breach
Catchwords
Privacy — Privacy Act 1988 (Cth) — Australian Privacy Principles —
summary
APP 6 – APP 11 – Personal information provided for workers
compensation claim – Personal information used for an
employee’s workplace grievance – Sensitive medical information
- Compensation for non-economic loss – Aggravated damages
not awarded.

Determinations Handbook – Privacy Enforcement Team
Page 41
oaic.gov.au

FOIREQ22/00296 022
March 2022

View decision on AustLII

Kind regards

[signature]
s 22

Determinations Handbook – Privacy Enforcement Team
Page 42
oaic.gov.au

FOIREQ22/00296 023
From:
LODGE,Justin
To:
ENGLISH,Carl; CROW,Natalie; ESPINOSA,Fernando; CROW,Natalie
Subject:
FW: Citation Overview [SEC=OFFICIAL]
Date:
Friday, 27 May 2022 5:04:57 PM
Attachments:
Josh Taylor and Prime Minister of Australia (Freedom of information) 2022 AICmr 32 (30 March 2022)
SECOFFICIAL.msg
image002.png
image003.png
image004.png
image005.png
fyi

From: SARWAR,Summen <xxxxxx.xxxxxx@xxxx.xxx.xx>
Sent: Friday, 20 May 2022 10:04 AM
To: LODGE,Justin <xxxxxx.xxxxx@xxxx.xxx.xx>
Subject: Citation Overview

Hi Justin
Please see below for an overview of the citations/ publication steps:
Publication of IC reviews
Once I receive the Commissioner’s decision approval email from the case officer – I provide the
case officer the next available citation and pseudonym from this spreadsheet D2018/003448 by
working my way down the list. I enter in the details of the decision/ case officer in the row at the
same time to avoid confusing which pseudonym/ citation was allocated to which case.
Once the case summary for the decision is sent out to the FOI group by the case officer, the
steps to send to AUSTLII are as follows:

Click on ‘RTF’ link for decision (word format will not publish)
Click on File > Share > Email > Send as attachment
Enter decision citation as subject heading of email
Enter text: ‘password’,’citation’ and ‘date’
Covert text to plain text
Send to xxxx.xxxxx@xxxxxxx.xxx.xx and xxxxxxxxx@xxxxxxxxxx.xxx.xx

The decision will be published shortly (1-2 days)
I have attached an example.
Hope this helps! Please let me know if you have any questions.
Kind regards

Summen Sarwar | Assistant Review and Investigation Advisor
Investigations and Compliance
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner

FOIREQ22/00296 025
From:
Summen Sarwar
To:
xxxx.xxxxx@xxxxxxx.xxx.xx
Cc:
xxxxxxxxx@xxxxxxxxxx.xxx.xx
Subject:
Josh Taylor and Prime Minister of Australia (Freedom of information) [2022] AICmr 32 (30 March 2022)
[SEC=OFFICIAL]
Date:
Wednesday, 30 March 2022 4:33:00 PM
Attachments:
D2022 005384 2022-AICmr32.RTF
Password: s 47E(d)
Citation: Josh Taylor and Prime Minister of Australia (Freedom of information) [2022] AICmr 32 (30 March
2022)
Date: 30 March 2022