Request for OAIC Review, Department of Finance FOI 24-25/086 and FOI 24-25/097
Dear Office of the Australian Information Commissioner,
I am seeking an Information Commissioner review of the Department of Finance's Decision relating to my FOI request to them 24-25/086 and their internal review FOI 24-25/097.
My FOI request seeks access to documents containing detailed agency ratings and individual responses for 9 specified Australian government agencies that participated in the Department of Finance's Data Maturity Assessment Tool (DMAT). The DMAT is a self-assessment tool used to measure data maturity across the Australian Public Service (APS).
The Department of Finance refused access to these documents, citing exemptions under section 47E(a) and (b) of the FOI Act.
The Department of Finance's argument that the DMAT is an "examination" for the purposes of s 47E (a) and (b) rests on a broad interpretation of the dictionary definition.
While the Macquarie Dictionary definitions do include general concepts like "inspection" and "inquiry," relying solely on these general definitions fails to capture the specific context and nuances of how "examination" is used in the FOI Act.
I contend that Sections 47E(a) and (b) of the act are designed to protect the integrity of formal evaluations conducted by agencies, ensuring that procedures, methods, and objectives are not compromised. The primary focus is on external scrutiny and accountability.
The DMAT is an internal self-assessment tool completed by agencies themselves. This inherent lack of independence distinguishes it from the typical "examination" envisaged in s 47E(a) and (b) (which I contend require an external and objective evaluation).
The DMAT's goal is to encourage agencies to reflect on their data maturity and identify areas for improvement. It's a tool for internal development and learning, not primarily for external scrutiny, therefore, I ask the OAIC to find the documents I have requested cannot be exempt under 47E(a) nor (b)
In the context of s 47E, "examination" is more readily understood as a formal process conducted by an independent body to assess compliance, performance, or proficiency.
Examples include financial audits, regulatory inspections, or academic examinations.
The Department of Finance's interpretation stretches the definition of "examination" beyond its ordinary and intended meaning in the FOI Act. This broad interpretation undermines the purpose of s 47E and could lead to an overly restrictive approach to information access.
If the Department of Finance's interpretation of an internal self-assessment as an "examination" exempt under s47E(a) and (b) is upheld, it could significantly limit access to a wide range of internal government documents. This interpretation could be applied to any document that includes an assessment of an agency's activities, even if it's not a formal external audit or examination.
For example, it could be used to exempt internal program evaluations including documents assessing the effectiveness of a government program or policy and risk assessments including reports identifying and evaluating potential risks associated with a particular activity or project.
I ask the OAIC to review the Department's use of this exemption.
I also note that the DMAT questions are publicly available on the Finance website, and the Department dropped their original objection under 47E(d).
If the OAIC finds this exemption is valid, I further request a critical examination of the public interest test applied by the Department.
Thank you for your consideration
You may find my original request to Department of Finance at https://www.righttoknow.org.au/request/d...
Yours faithfully,
MatureData
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References
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2. https://www.oaic.gov.au/about-us/contact...
Our reference: MR25/00329
Agency reference: FOI 24-25/086, FOI 24-25/097
Applicant: MatureData
Respondent: Department of Finance
By email: [FOI #12855 email]
Your Information Commissioner review application
Good afternoon MatureData,
On 20 February 2025, you applied for Information Commissioner review (IC review) about a Freedom of Information (FOI) decision made by the Department of Finance.
Why we are writing to you:
We have received, and are currently considering, your application for IC review.
Please note paragraph 2.7 the Direction as to certain procedures to be followed by applicants in Information Commissioner reviews advises:
‘An application for IC review must be made in writing and should be made online using the Information Commissioner Review Application form available on the OAIC website.’
In future, and to avoid any delays with manual registration, please use our online webform, available at https://webform.oaic.gov.au/prod?entityt....
Assistance
Please note: You can withdraw an IC review application at any time. There is no penalty if you do this. You can also lodge a new FOI request to the Department of Finance at any time.
If you require assistance regarding this email, please contact us at [email address].
Please quote the reference MR25/00329 in all correspondence.
Kind regards
Will Martin (he/him)
Intake & Triage Officer
Intake and Eligibility Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [email address]
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
Subscribe to Information Matters
-----Original Message-----
From: MatureData <[FOI #12855 email]>
Sent: Thursday, 20 February 2025 9:39 PM
To: OAIC - FOI <[email address]>
Subject: Freedom of Information request - Request for OAIC Review, Department of Finance FOI 24-25/086 and FOI 24-25/097
**************************************************************************
CAUTION: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe.
**************************************************************************
Dear Office of the Australian Information Commissioner,
I am seeking an Information Commissioner review of the Department of Finance's Decision relating to my FOI request to them 24-25/086 and their internal review FOI 24-25/097.
My FOI request seeks access to documents containing detailed agency ratings and individual responses for 9 specified Australian government agencies that participated in the Department of Finance's Data Maturity Assessment Tool (DMAT). The DMAT is a self-assessment tool used to measure data maturity across the Australian Public Service (APS).
The Department of Finance refused access to these documents, citing exemptions under section 47E(a) and (b) of the FOI Act.
The Department of Finance's argument that the DMAT is an "examination" for the purposes of s 47E (a) and (b) rests on a broad interpretation of the dictionary definition.
While the Macquarie Dictionary definitions do include general concepts like "inspection" and "inquiry," relying solely on these general definitions fails to capture the specific context and nuances of how "examination" is used in the FOI Act.
I contend that Sections 47E(a) and (b) of the act are designed to protect the integrity of formal evaluations conducted by agencies, ensuring that procedures, methods, and objectives are not compromised. The primary focus is on external scrutiny and accountability.
The DMAT is an internal self-assessment tool completed by agencies themselves. This inherent lack of independence distinguishes it from the typical "examination" envisaged in s 47E(a) and (b) (which I contend require an external and objective evaluation).
The DMAT's goal is to encourage agencies to reflect on their data maturity and identify areas for improvement. It's a tool for internal development and learning, not primarily for external scrutiny, therefore, I ask the OAIC to find the documents I have requested cannot be exempt under 47E(a) nor (b)
In the context of s 47E, "examination" is more readily understood as a formal process conducted by an independent body to assess compliance, performance, or proficiency.
Examples include financial audits, regulatory inspections, or academic examinations.
The Department of Finance's interpretation stretches the definition of "examination" beyond its ordinary and intended meaning in the FOI Act. This broad interpretation undermines the purpose of s 47E and could lead to an overly restrictive approach to information access.
If the Department of Finance's interpretation of an internal self-assessment as an "examination" exempt under s47E(a) and (b) is upheld, it could significantly limit access to a wide range of internal government documents. This interpretation could be applied to any document that includes an assessment of an agency's activities, even if it's not a formal external audit or examination.
For example, it could be used to exempt internal program evaluations including documents assessing the effectiveness of a government program or policy and risk assessments including reports identifying and evaluating potential risks associated with a particular activity or project.
I ask the OAIC to review the Department's use of this exemption.
I also note that the DMAT questions are publicly available on the Finance website, and the Department dropped their original objection under 47E(d).
If the OAIC finds this exemption is valid, I further request a critical examination of the public interest test applied by the Department.
Thank you for your consideration
You may find my original request to Department of Finance at https://www.righttoknow.org.au/request/d...
Yours faithfully,
MatureData
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #12855 email]
Is [OAIC request email] the wrong address for Freedom of Information requests to Office of the Australian Information Commissioner? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
Notice:
The information contained in this email message and any attached files may be confidential information, and may also be the subject of legal professional privilege. If you are not the intended recipient any use, disclosure or copying of this email is unauthorised. If you received this email in error, please notify the sender by contacting the department's switchboard on 1300 488 064 during business hours (8:30am - 5pm Local time) and delete all copies of this transmission together with any attachments.
Our reference: MR25/00329
Agency reference: FOI 24-25/086, FOI 24-25/097
FOI Contact Officer
Department of Finance
By email: [1][email address]
Mature Data
By email: [2][FOI #12855 email]
Information Commissioner review - Notice of commencement
Dear parties,
Please find attached notice of commencement for the above referenced
Information Commissioner review (IC review).
The OAIC requires the agency to engage with applicants to resolve or
narrow the issues in dispute. Applicants are encouraged to actively
communicate with the agency to facilitate this engagement.
Please note, Annexure A and B of the notice provide further information
about the obligations of parties during the IC review process.
Kind regards,
[3][IMG] Ishraq Quashem
Casework Support Officer
FOI Case Management Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [4][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[5]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[email address]
2. mailto:[FOI #12855 email]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/engage-with-us/n...
OFFICIAL
Good afternoon
OAIC ref: MR25/00329
Finance ref: FOI 24-25/086 and FOI 24-25/097
The Department of Finance (Finance) refers to the attached Notice of
Information Commissioner (IC) review and request for documents that we
received on 26 February 2025. Although the notice provides that
submissions are due to you on Wednesday 9 April 2025, Finance advises that
we are not in a position to provide you with submissions at this stage. As
such, we will be seeking an extension of time from the IC’s delegate to
Friday 9 May 2025.
Work undertaken to date and reasons for seeking an extension
Finance actioned the Notice of IC review at the end of February by
discussing your request for IC review with the relevant business area. It
was agreed to seek further particulars from the relevant agencies named in
your request to enable further consideration of the contentions you have
made.
Depending on the outcome of these processes, we may reach out to you and
invite you to discuss the scope of your request for IC review with us
directly.
We note that if we are to discuss the scope of your request directly we
ask that you provide a phone number. No contact details other than the
Right to Know generated email address has been provided either in your
original request, internal request or IC review request.
We will keep you updated as we continue through this process. Apologies
for not contacting you earlier to provide you an update on Finance’s
progress.
Grateful if you could advise if you have any objections to the suggested
approach as soon as practicable – we are intending to make the request to
the IC for an extension of time by 12 noon tomorrow.
Kind regards
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
Dear FOI Requests,
I have no objections to your suggested approach or extension for time, except I request that all correspondence be made through the Right To Know platform using my Right to Know generated email address.
Yours sincerely,
MatureData
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
OFFICIAL
Good morning
Thank you very much for your prompt response and agreeing to the approach
and extension of time. Much appreciated.
We confirm that the Office of the Australian Information Commissioner has
agreed to an extension of time until 9 May 2025. We will respond to your
Right to Know generated email address when we have an update.
Kind regards
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
-----Original Message-----
From: MatureData <[FOI #12855 email]>
Sent: Monday, 7 April 2025 2:40 PM
To: FOI Requests <[email address]>
Subject: Re: MR25/00329 - Update - Extension of time - Information
Commissioner review of FOI 24-25/086 and FOI 24-25/097 [SEC=OFFICIAL]
Dear FOI Requests,
I have no objections to your suggested approach or extension for time,
except I request that all correspondence be made through the Right To Know
platform using my Right to Know generated email address.
Yours sincerely,
MatureData
-----Original Message-----
OFFICIAL
Good afternoon
OAIC ref: MR25/00329
Finance ref: FOI 24-25/086 and FOI 24-25/097
The Department of Finance (Finance) refers to the attached Notice of
Information Commissioner (IC) review and request for documents that we
received on 26 February 2025. Although the notice provides that
submissions are due to you on Wednesday 9 April 2025, Finance advises that
we are not in a position to provide you with submissions at this stage. As
such, we will be seeking an extension of time from the IC’s delegate to
Friday 9 May 2025.
Work undertaken to date and reasons for seeking an extension
Finance actioned the Notice of IC review at the end of February by
discussing your request for IC review with the relevant business area. It
was agreed to seek further particulars from the relevant agencies named in
your request to enable further consideration of the contentions you have
made.
Depending on the outcome of these processes, we may reach out to you and
invite you to discuss the scope of your request for IC review with us
directly.
We note that if we are to discuss the scope of your request directly we
ask that you provide a phone number. No contact details other than the
Right to Know generated email address has been provided either in your
original request, internal request or IC review request.
We will keep you updated as we continue through this process. Apologies
for not contacting you earlier to provide you an update on Finance’s
progress.
Grateful if you could advise if you have any objections to the suggested
approach as soon as practicable – we are intending to make the request to
the IC for an extension of time by 12 noon tomorrow.
Kind regards
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[1][FOI #12855 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[2]https://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
Be careful with this message
External email. Do not click links or open attachments unless you
recognise the sender and know the content is safe.
References
Visible links
1. mailto:[FOI #12855 email]
2. https://www.righttoknow.org.au/help/offi...
OFFICIAL
Good afternoon
Thank you for again for being amenable to our approach and agreeing with
our extension of time request for Information Commissioner (IC) review.
Since you lodged your application, the Department of Finance has published
the [1]Data Maturity Report for 2024 on its website and this may be of
interest to you.
We have been reviewing our original decision (FOI 24-25/086), internal
review decision (FOI 24-25/097 IR), and your requests in order to propose
a way forward to resolve your request for review.
Finance has considered your request for IC review and proposes to
reconsider the original decision and the document in scope of the review.
Section 55G of the FOI Act provides that an agency may vary an access
refusal decision, at any time during an IC review of the access refusal
decision, if the variation would have an effect of giving access to a
document in accordance with the request.
We would like to work with you to exclude responses related to data
security in the [2]Data Maturity Assessment Tool.
In your request for internal review of our original decision (FOI
24-25/086) you stated:
…the decision maker cites security concerns. I note that if there are
specific responses the decision maker considers would open agencies to
cyber security attack, there are exemptions that could be applied to deal
with those questions specifically, rather than exempting the entirety of
my requested documents. I would be open to redaction of specific questions
and responses that the decision maker considers a legitimate cyber
security threat, although I note that only 3 of the 57 questions mention
security, and I would not expect any questions that do not mention
security to be exempt from release under security concerns. Again,
embarrassment is not valid under the FOI Act for with-holding information.
Based on your statement above, we seek your agreement to exclude the
responses to questions 21, 30, 31, 32, 33 and 34 from the scope of your
request on the basis that providing visibility of the agency scores for
these questions may compromise agency operations and data security
processes.
As you flagged, questions 21, 30, 31, 32 and 33 include references to
security. We also consider the response to question 34 is so closely
connected with data security in that it relates to instances where data is
stolen or attacked. We note that these answers have the potential to
impact an agency’s ability to recover in the event of compromise.
We note that agency’s average score and descriptors in the DMAT Agency
report would also be redacted as these could then be used to work out the
redacted responses to questions 21, 30, 31, 32 and 33, effectively
defeating the purpose of the proposed redactions.
Please advise whether you are comfortable with this approach, and agree to
exclude responses to 21, 30, 31, 32 and 33 (including average score and
descriptors) from the scope of your request.
We understand from your previous email that you request all correspondence
be made through the Right To Know platform using your Right to Know
generated email address. We also note that we are happy to set up a time
and discuss your request over the phone.
Kind regards
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
References
Visible links
1. https://www.finance.gov.au/sites/default...
2. https://www.finance.gov.au/government/pu...
Dear FOI Requests,
Thank you. I agree to exclude responses to 21, 30, 31, 32 and 33 (including average score and
descriptors) from the scope of my request. If you also want to exclude 34 for the same reasoning (security) I have no objection to excluding that question as well.
Yours sincerely,
MatureData
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
OFFICIAL
Good afternoon
Thank you again for engaging with Finance to discuss your request for
Information Commissioner (IC) review and the proposed way forward to
resolve your request for review. As discussed, Finance has considered your
request for IC review and has decided to reconsider the original decision
and the document in scope of the review.
Section 55G of the FOI Act provides that an agency may vary an access
refusal decision, at any time during an IC review of the access refusal
decision, if the variation would have an effect of giving access to a
document in accordance with the request.
As agreed, Finance has decided to vary the original decision and give you
access to the eleven documents within the scope of your original 13
December 2024 request. Please find attached a revised decision made under
section 55G of the FOI Act along with the documents as agreed to release
to you, with responses to data security questions (questions 21, 30, 31,
32, 33 and 34), associated average scores and descriptors redacted under
section 22 of the FOI Act. Please note that due to file size, we have
provided these documents across three emails.
We will also provide this letter and documents to the Office of the
Australian Information Commissioner (OAIC). If this varied decision
resolves your request, we would be grateful if you could advise us and the
OAIC accordingly as soon as practicable.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
OFFICIAL
Good afternoon,
Please see part 2 of the documents released to you.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
From: FOI Requests
Sent: Friday, 9 May 2025 2:06 PM
To: '[FOI #12855 email]'
<[FOI #12855 email]>
Cc: FOI Requests <[email address]>
Subject: MR25/00329 | FOI 24-25/086 and 097IR - Section 55G decision
letter and documents released (Part 1) [SEC=OFFICIAL]
OFFICIAL
Good afternoon
Thank you again for engaging with Finance to discuss your request for
Information Commissioner (IC) review and the proposed way forward to
resolve your request for review. As discussed, Finance has considered your
request for IC review and has decided to reconsider the original decision
and the document in scope of the review.
Section 55G of the FOI Act provides that an agency may vary an access
refusal decision, at any time during an IC review of the access refusal
decision, if the variation would have an effect of giving access to a
document in accordance with the request.
As agreed, Finance has decided to vary the original decision and give you
access to the eleven documents within the scope of your original 13
December 2024 request. Please find attached a revised decision made under
section 55G of the FOI Act along with the documents as agreed to release
to you, with responses to data security questions (questions 21, 30, 31,
32, 33 and 34), associated average scores and descriptors redacted under
section 22 of the FOI Act. Please note that due to file size, we have
provided these documents across three emails.
We will also provide this letter and documents to the Office of the
Australian Information Commissioner (OAIC). If this varied decision
resolves your request, we would be grateful if you could advise us and the
OAIC accordingly as soon as practicable.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
OFFICIAL
OFFICIAL
Good afternoon,
Please see part 3 (final) of the documents released to you.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
From: FOI Requests
Sent: Friday, 9 May 2025 2:06 PM
To: '[FOI #12855 email]'
<[1][FOI #12855 email]>
Cc: FOI Requests <[2][email address]>
Subject: MR25/00329 | FOI 24-25/086 and 097IR - Section 55G decision
letter and documents released (Part 1) [SEC=OFFICIAL]
OFFICIAL
Good afternoon
Thank you again for engaging with Finance to discuss your request for
Information Commissioner (IC) review and the proposed way forward to
resolve your request for review. As discussed, Finance has considered your
request for IC review and has decided to reconsider the original decision
and the document in scope of the review.
Section 55G of the FOI Act provides that an agency may vary an access
refusal decision, at any time during an IC review of the access refusal
decision, if the variation would have an effect of giving access to a
document in accordance with the request.
As agreed, Finance has decided to vary the original decision and give you
access to the eleven documents within the scope of your original 13
December 2024 request. Please find attached a revised decision made under
section 55G of the FOI Act along with the documents as agreed to release
to you, with responses to data security questions (questions 21, 30, 31,
32, 33 and 34), associated average scores and descriptors redacted under
section 22 of the FOI Act. Please note that due to file size, we have
provided these documents across three emails.
We will also provide this letter and documents to the Office of the
Australian Information Commissioner (OAIC). If this varied decision
resolves your request, we would be grateful if you could advise us and the
OAIC accordingly as soon as practicable.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
References
Visible links
1. mailto:[FOI #12855 email]
2. mailto:[email address]
Dear FOI Requests,
Thank you for publishing this data. Can you confirm whether you will also be publishing results for all other agencies, or should I make a new FOI request for those?
Thank you,
Yours sincerely,
MatureData
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
OFFICIAL
Good afternoon Mature Data,
Thank you for your below email. Your original request on 13 December 2024
was for “...the documents containing detailed agency ratings for all
agencies included in the Department's assessment, including each agencies
individual responses.”
On 23 December 2024, the Department of Finance (Finance) advised you that
processing this request would substantially and unreasonably divert the
resources of Finance from its other operations and requested your
assistance to narrow the scope of your request.
On 24 December 2024, you revised the scope of your request to the detailed
agency ratings and individual responses for the following 9 agencies:
o Australian Public Service Commission
o Department of Home Affairs
o Department of Finance
o Department of Defence
o Department of Health and Aged Care
o Department of Industry, Science and Resources
o Department of Social Services
o Department of the Treasury
o Department of Veterans' Affairs
We have now released documents relating to these 9 agencies, in accordance
with your revised request, to you.
If you would like to request the documents containing the detailed agency
ratings and individual responses for other specific agencies, it is open
to you to make a new FOI request for these documents. Similarly to when
you made your original request, it would greatly assist Finance to specify
agencies (we consider 10-20 would be feasible) for which you are seeking
the documents. We note that 92 agencies used the Data Maturity Assessment
Tool.
We hope this response assists.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
-----Original Message-----
From: MatureData <[FOI #12855 email]>
Sent: Monday, 12 May 2025 11:43 AM
To: FOI Requests <[email address]>
Subject: RE: MR25/00329 | FOI 24-25/086 and 097IR - Section 55G decision
letter and documents released (Part 3) [SEC=OFFICIAL]
Dear FOI Requests,
Thank you for publishing this data. Can you confirm whether you will also
be publishing results for all other agencies, or should I make a new FOI
request for those?
Thank you,
Yours sincerely,
MatureData
-----Original Message-----
OFFICIAL
OFFICIAL
Good afternoon,
Please see part 3 (final) of the documents released to you.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
From: FOI Requests
Sent: Friday, 9 May 2025 2:06 PM
To: '[FOI #12855 email]'
<[1][FOI #12855 email]>
Cc: FOI Requests <[2][email address]>
Subject: MR25/00329 | FOI 24-25/086 and 097IR - Section 55G decision
letter and documents released (Part 1) [SEC=OFFICIAL]
OFFICIAL
Good afternoon
Thank you again for engaging with Finance to discuss your request for
Information Commissioner (IC) review and the proposed way forward to
resolve your request for review. As discussed, Finance has considered your
request for IC review and has decided to reconsider the original decision
and the document in scope of the review.
Section 55G of the FOI Act provides that an agency may vary an access
refusal decision, at any time during an IC review of the access refusal
decision, if the variation would have an effect of giving access to a
document in accordance with the request.
As agreed, Finance has decided to vary the original decision and give you
access to the eleven documents within the scope of your original 13
December 2024 request. Please find attached a revised decision made under
section 55G of the FOI Act along with the documents as agreed to release
to you, with responses to data security questions (questions 21, 30, 31,
32, 33 and 34), associated average scores and descriptors redacted under
section 22 of the FOI Act. Please note that due to file size, we have
provided these documents across three emails.
We will also provide this letter and documents to the Office of the
Australian Information Commissioner (OAIC). If this varied decision
resolves your request, we would be grateful if you could advise us and the
OAIC accordingly as soon as practicable.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
References
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This request has been made by an individual using Right to Know. This
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More information on how Right to Know works can be found at:
[4]https://aus01.safelinks.protection.outlo...
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Dear FOI Requests,
Thank you, but it would be less work for Finance, presumably, to release all of the data in one go, would it not? I thought this FOI request has established there is no basis for Finance to with-hold detailed agency results (aside from the security relevant responses excluded)?
Yours sincerely,
MatureData
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
OFFICIAL
Good afternoon Mature Data,
Thank you for your below email. The release of any further documents would
be subject to consultation with the relevant agency/agencies to determine
whether, in the context of their agency, the release of the detailed
agency results would cause harm to their operations.
We hope this information assists.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
-----Original Message-----
From: MatureData <[FOI #12855 email]>
Sent: Monday, 12 May 2025 12:20 PM
To: FOI Requests <[email address]>
Subject: RE: MR25/00329 | FOI 24-25/086 and 097IR - Section 55G decision
letter and documents released (Part 3) [SEC=OFFICIAL]
Dear FOI Requests,
Thank you, but it would be less work for Finance, presumably, to release
all of the data in one go, would it not? I thought this FOI request has
established there is no basis for Finance to with-hold detailed agency
results (aside from the security relevant responses excluded)?
Yours sincerely,
MatureData
-----Original Message-----
OFFICIAL
Good afternoon Mature Data,
Thank you for your below email. Your original request on 13 December 2024
was for “...the documents containing detailed agency ratings for all
agencies included in the Department's assessment, including each agencies
individual responses.”
On 23 December 2024, the Department of Finance (Finance) advised you that
processing this request would substantially and unreasonably divert the
resources of Finance from its other operations and requested your
assistance to narrow the scope of your request.
On 24 December 2024, you revised the scope of your request to the detailed
agency ratings and individual responses for the following 9 agencies:
o Australian Public Service Commission
o Department of Home Affairs
o Department of Finance
o Department of Defence
o Department of Health and Aged Care
o Department of Industry, Science and Resources
o Department of Social Services
o Department of the Treasury
o Department of Veterans' Affairs
We have now released documents relating to these 9 agencies, in accordance
with your revised request, to you.
If you would like to request the documents containing the detailed agency
ratings and individual responses for other specific agencies, it is open
to you to make a new FOI request for these documents. Similarly to when
you made your original request, it would greatly assist Finance to specify
agencies (we consider 10-20 would be feasible) for which you are seeking
the documents. We note that 92 agencies used the Data Maturity Assessment
Tool.
We hope this response assists.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[1][FOI #12855 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[2]https://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
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-------------------------------------------------------------------
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Our reference: MR25/00329
Agency reference: FOI 24-25/086, FOI 24-25/097
Applicant: Mature Data
By email: [1][FOI #12855 email]
Respondent: Department of Finance
Your Information Commissioner review application
Good morning Mature Data,
On 13 December 2024, you made a Freedom of Information request to the
respondent referenced at the top of this email.
On 20 February 2025, you applied for Information Commissioner review (IC
review). This was because you indicated you were unhappy with the FOI
decision.
On 09 May 2025, the Department of Finance notified the Office of the
Australian Information Commissioner (OAIC) that it has now provided you
with a decision.
As you have now received a decision, the reason for your IC review
application appears to be resolved.
What we need from you by close of business 5 June 2025:
o If the decision has satisfied your request and you no longer require
an IC review, please reply to this email stating ‘I no longer require
an IC review’.
o If you wish to proceed with your IC review application, you must tell
us which parts of the decision you disagree with and why.
Specifically:
o what documents you think are missing that relate to your request
o which exemptions/redactions you disagree with
Participation in IC review process:
You are required to comply with the [2]Direction as to certain procedures
to be followed by applicants in Information Commissioner reviews. If an
applicant fails to comply with a direction of the Information
Commissioner, including the Direction as to certain procedures to be
followed by applicants in Information Commissioner reviews, the
Information Commissioner may in some cases decide not to undertake or
continue to undertake an IC review. The Direction specifically states:
o An applicant or nominated representative must advise the OAIC if there
are any changes to their contact details as soon as it is possible to
do so. The IC may decide not to undertake a review, or not continue to
undertake a review, if the applicant or their nominated representative
cannot be contacted after making reasonable attempts (s 54W(a)(iii))
[2.13]
o An application for IC review should also:
o identify the parts of the decision the applicant wants the
Information Commissioner to review
o state why the applicant disagrees with the agency’s or minister’s
decision
o identify which documents the applicant considers have been
wrongly refused or which exemptions have been incorrectly applied
o if the FOI request has been refused on the ground that it would
substantially or unreasonably divert an agency’s resources or
interfere with the performance of a minister’s functions (ss 24
and 24AA) – specify the reasons why the applicant believes the
FOI request would not have this impact [2.16]
o A revised decision does not automatically conclude the IC review, and
the revised decision becomes the decision under review (s 55G(2)(b)).
The OAIC will generally consult the IC review applicant as to whether
they want to continue the IC review on the basis of the revised
decision. Applicants who are not satisfied with the revised decision
must explain why they disagree with the revised decision and the basis
on which they wish to proceed with the IC review. If the applicant
does not respond to the OAIC’s correspondence, the Information
Commissioner may decide not to continue to undertake the IC review (s
54W of the FOI Act) [2.25]
o Applicants must respond to requests for information from the OAIC
within the time provided unless there are exceptional circumstances
warranting a longer period to respond. If more time is needed, a
request for an extension of time must be made to the OAIC at the
earliest opportunity within the period provided for response, and no
later than 2 days before that period is due to expire. Requests for
more time must explain the exceptional circumstances that necessitate
additional time and propose a new date for response. Approval of an
extension request is at the discretion of the OAIC [2.22]
o During an IC review, applicants will be given a reasonable opportunity
to present their case. This generally includes having the opportunity
to comment on relevant, adverse information provided to the OAIC by
other parties [2.26]
o The OAIC expects that applicants and agencies will engage with the IC
review process, with respect and courtesy [2.23]
As such, if you do not provide the information we need for the IC review
application by 5 June 2025, we intend to close your IC review application.
Assistance
If you are unable to respond by 5 June 2025, you must request more time at
the earliest opportunity and no later than 3 June 2025. Requests for more
time must explain why you need more time, and you must tell us when you
will be able to provide a response.
Please note: You can withdraw an IC review application at any time by
sending us an email. There is no penalty if you do this. You can also
lodge a new FOI request to the respondent at any time.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference at the top of this email in all correspondence.
Kind regards
[4][IMG] Rachel McCormack
A/g Assistant Director | Early
Resolution
FOI Case Management Branch
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
1300 363 992 |
[6][email address]
[7][IMG] | [8][IMG] | [9][IMG] | [10]Subscribe to OAICnet
newsletter
The OAIC has revised its IC review procedure directions from 1 July 2024.
For more information, including new resources to assist applicants and
respondents, see our webpage: [11]Information Commissioner reviews.
The OAIC acknowledges Traditional Custodians of Country across Australia
and their continuing connection to land, waters and communities. We pay
our respect to First Nations people, cultures and Elders past and present.
[12]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
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Our reference: MR25/00329
Agency reference: FOI 24-25/086, FOI 24-25/097
Applicant Name: Mature Data
Respondent Name: Department of Finance
Applicant email: [FOI #12855 email]
Agency email: [email address]
Withdrawal of Information Commissioner review application under s 54R of
the FOI Act
Dear Parties,
I refer to the above matter.
The applicant has advised they wish to withdraw their application for
Information Commissioner review.
As such, this Information Commissioner review is now closed under s 54R of
the FOI Act.
Thank you for your assistance in this matter.
Kind regards,
[1][IMG] Melih Sayan
Assistant Review Advisor
Office of the Australian Information Commissioner
Sydney NSW | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [2][email address]
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
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2. mailto:[email address]
Dear Parties,
Please see the attached email from the applicant requesting that their IC
withdrawal. As this email was mistantlky not attached in the first place.
However, OAIC will proceed with the withdrawal at the applicants request.
Kind regards
[1][IMG] Melih Sayan
Assistant Review Advisor
Office of the Australian Information Commissioner
Sydney NSW | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [2][email address]
From: OAIC - FOI DR
Sent: Thursday, 22 May 2025 2:20 PM
To: FOI Requests <[email address]>;
[FOI #12855 email]
Subject: OAIC – MR25/00329 - s 54R - Withdrawal of Information
Commissioner review
Our reference: MR25/00329
Agency reference: FOI 24-25/086, FOI 24-25/097
Applicant Name: Mature Data
Respondent Name: Department of Finance
Applicant email: [3][FOI #12855 email]
Agency email: [4][email address]
Withdrawal of Information Commissioner review application under s 54R of
the FOI Act
Dear Parties,
I refer to the above matter.
The applicant has advised they wish to withdraw their application for
Information Commissioner review.
As such, this Information Commissioner review is now closed under s 54R of
the FOI Act.
Thank you for your assistance in this matter.
Kind regards,
[5][IMG] Melih Sayan
Assistant Review Advisor
Office of the Australian Information Commissioner
Sydney NSW | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [6][email address]
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
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