Reference:
FOI 22/104
Contact:
FOI Team
E-mail:
xxx@xxxxxxx.xxx.xx
Andorra Loom
By email only:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Andorra
Freedom of Information Request – FOI 22/104
On 11 November 2022, the Department of Finance (Finance) received your email, in which
you sought access under the Commonwealth
Freedom of Information Act 1982 (FOI Act) to
the following:
I am seeking all minutes and meeting papers from the Parliamentary Expenses Management Systems
steering committee, known as the PEMS Steering Committee, since 15 April 2022.
On 12 December 2022, Finance notified you that we would be undertaking third party
consultation.
The purpose of this letter is to provide you with notice of my decision under the FOI Act.
Authorised decision-maker
I am authorised by the Secretary of Finance to grant or refuse access to documents.
Decision
I have identified 8 documents as falling within the scope of your request. The documents are
identified in the Schedule at
Attachment A.
I have decided to release all documents to you with some information redacted as the
documents contain irrelevant information.
In making my decision, I have had regard to the following:
• the terms of your FOI request;
• the content of the documents that fall within the scope of your request;
• consultations with third parties in accordance with the FOI Act and submissions
made by those third parties;
• the relevant provisions of the FOI Act; and
• the FOI Guidelines issued by the Office of the Australian Information Commissioner
(FOI Guidelines).
One Canberra Avenue, Forrest ACT 2603 • Internet www.finance.gov.au
Charges
I have decided that a charge is not payable in this matter.
Third party consultation
Finance consulted with third parties and provided them with a copy of the documents with
our proposed redactions. We did not receive any objections to the release of the documents.
Review and appeal rights
You are entitled to request an internal review or an external review by the Office of the
Australian Information Commissioner (OAIC) of my decision. The process for review and
appeal rights is set out at
Attachment B.
Publication
Finance will publish the documents released to you on our
Disclosure Log. Finance’s policy
is to publish the documents one working day after they are released to you.
If you have any questions in regards to this request, please contact the FOI Team on the
above contact details.
Yours sincerely,
9/01/2023
X
Signed by: Sabin, David
David Sabin
A/g Assistant Secretary
Parliamentary Expenses Management System | ICT Division
Department of Finance
9 January 2023
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ATTACHMENT A
SCHEDULE OF DOCUMENTS RELEVANT TO FOI 22/104
Document
Date of
No. of
Description of Document
Decision
No.
Document
Pages
1
28 April 22
18
Steering Committee Meeting – PEMS –
Release with irrelevant material redacted (s22)
Recommended Actions / Agenda / Draft
Meeting Minutes
2
12 May 22
1
Steering Committee Meeting – PEMS –
Recommended actions
3
16 June 22
15
Steering Committee Meeting – PEMS –
Agenda
4
14 July 22
16
Steering Committee Meeting – PEMS –
Recommended Actions / Agenda / Meeting
Minutes
5
11 August 22
25
Steering Committee Meeting – PEMS –
Recommended Actions / Agenda / Meeting
Minutes
6
27 August 22
19
Steering Committee Meeting – PEMS –
Meeting Minutes
7
27 September 22
3
Steering Committee Meeting – PEMS –
Agenda
8
12 October 22
4
Steering Committee Meeting – PEMS –
Agenda
3
ATTACHMENT B
Freedom of Information – Your Review Rights
If you disagree with a decision made by the Department of Finance (Finance) or the
Minister for Finance (Minister) under the
Freedom of Information Act 1982 (the FOI Act)
you can have the decision reviewed. You may want to seek review if you sought certain
documents and were not given full access, if you have been informed that there will be a
charge for processing your request, if you have made a contention against the release of
the documents that has not been agreed to by Finance or the Minister, or if your
application to have your personal information amended was not accepted. There are two
ways you can seek a review of our decision: an internal review (IR) by Finance or the
Minister, or an external review (ER) by the Australian Information Commissioner (IC).
Internal Review (IR)
Third parties
If, Finance or the Minister (we/our), makes a
If you are a third party objecting to a decision
Freedom of Information (FOI) decision that
to grant someone else access to your
you disagree with, you can seek a review of
information, you must apply to the IC within
the original decision. The review will carried
30 calendar days of being notified of our
out by a different decision maker, usually
decision to release your information.
someone at a more senior level.
Further assistance is locate
d here.
You must apply for an IR within 30 calendar
Do I have to go through the internal
days of being notified of the decision or
review process?
charge, unless we agree to extend your time.
No. You may apply directly to the OAIC for
You should contact us if you wish to seek an
an ER by the IC.
extension.
If I apply for an internal review, do I
We are required to make an IR decision
lose the opportunity to apply for an
within 30 calendar days of receiving your
external review?
application. If we do not make an IR decision
within this timeframe, then the original
No. You have the same ER rights of our IR
decision stands.
decision as you do with our original decision.
This means you can apply for an ER of the
Review by the Australian
original decision or of the IR decision.
Information Commissioner (IC)
Do I have to pay for an internal review
The Office of the Australian Information
or external review?
Commissioner (OAIC) is an independent
office who can undertake an ER of our
No. Both the IR and ER are free.
decision under the FOI Act. The IC can
review access refusal decisions, access grant
decisions, refusals to extend the period for
applying for an IR, and IR decisions.
If you are objecting to a decision to refuse
access to a document, impose a charge, or a
refusal to amend personal information, you
must apply in writing to the IC within 60
calendar days of receiving our decision.
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How do I apply?
Can I appeal the Information
Commissioner’s external review
Internal review
decision?
To apply for an IR of the decision of either
Yes. You can appeal the Information
Finance or the Minister, you must send your
Commissioner’s ER decision to the
review in writing. We both use the same
Administrative Appeals Tribunal (AAT).
contact details, and you must send your
review request in writing.
There is a fee for lodging an AAT application
(as at 12 October 2022 it is $1,011).
In your written correspondence, please
include the following:
Further information is accessibl
e here.
• a statement that you are seeking a review
The AAT’s number is 1800 228 333.
of our decision;
• attach a copy of the decision you are
Complaints
seeking a review of; and
• state the reasons why you consider the
Making a complaint to the Office of the
original decision maker made the wrong
Australian Information Commissioner
decision.
You may make a written complaint to the
Email: xxx@xxxxxxx.xxx.xx
OAIC about actions taken by us in relation to
your application.
Post: The FOI Coordinator
Legal and Assurance Branch
Further information on lodging a complaint is
Department of Finance
accessible
here.
One Canberra Avenue
FORREST ACT 2603
Investigation by the Commonwealth
Ombudsman
For further assistance contact the FOI team
The Ombudsman can also investigate
(02) 6215 1783.
complaints about action taken by agencies
under the FOI Act. However, if the issue
External review (Information
complained about either could be, or has been,
Commissioner Review)
investigated by the IC, the Ombudsman will
For an ER, you must apply to the OAIC in
consult with the IC to avoid the same matter
writing. The OAIC ask that you commence a
being investigated twice. If the Ombudsman
review by completing their online form
here.
decides not to investigate the complaint, then
they are to transfer all relevant documents and
Your application must include a copy of the
information to the IC.
notice of our decision that you are objecting
to, and your contact details. You should also
The IC can also transfer a complaint to the
set out why you are objecting to the decision.
Ombudsman where appropriate. This could
occur where the FOI complaint is only one
part of a wider grievance about an agency’s
Email: xxxxx@xxxx.xxx.xx
actions. You will be notified in writing if your
Post: Office of the Australian Information
complaint is transferred.
Commissioner
GPO Box 5218
Complaints to the Ombudsman should be
Sydney NSW 2001
made online
here.
The IC’s enquiries phone line is
The Ombudsman’s number is 1300 362 072.
1300 363 992.
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