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Freedom of information decisions Privacy decisionsNote: The AustLII website provides a comprehensive database search service of FOI review and privacy complaint decisions as part of the Australian Information Commissioner (AICmr) series at: www.austlii.edu.au/au/cases/cth/AICmr/
FOI review decisions
One of the functions of the Office of the Australian Information Commissioner is the review of decisions made under the Freedom of Information Act 1982. Below are tables showing the decisions that have been made each year with summary details. The links in the first column take you to the decision itself (in either HTML or PDF format).
The table below refers to provisions of the FOI Act unless otherwise specified.
| Decision | Legislative provision/s | Catchword summary | Decision under review | IC review decision |
|---|---|---|---|---|
| Fletcher and Department of Broadband, Communications and the Digital Economy (No. 2) [2012] AICmr 15 (16 May 2012) (PDF) |
s 29(5)(b) | Charges — Whether agency should exercise discretion to reduce or not impose charge — (CTH) Freedom of Information Act 1982 | Access refusal | Set aside and subsituted |
| Fletcher and Department of Broadband, Communications and the Digital Economy [2012] AICmr 14 (16 May 2012) (PDF) |
s 29(5)(b) | Charges — Whether agency should exercise discretion to reduce or not impose charge — (CTH) Freedom of Information Act 1982 | Access refusal | Affirmed |
| Besser and Department of Industry, Innovation, Science, Research and Tertiary Education [2012] AICmr 13 (30 April 2012) (PDF) |
s 29(5)(b) | Charges — Whether agency should exercise discretion to reduce or not impose charge | Access refusal | Set aside and substituted |
| 'I' and Australian National University [2012] AICmr 12 (26 April 2012) (PDF) |
ss 37, 47F | Documents affecting enforcement of law and protection of public safety Public interest conditional exemptions — personal information | Access refusal | Set aside and substituted |
| Australian Broadcasting Corporation and Commonwealth Ombudsman [2012] AICmr 11 (26 April 2012) (PDF) |
ss 11A(5), 45, 47E(d); Ombudsman Act 1976 ss 5, 8, 35 | Request for access to documents relating to an investigation by the Commonwealth Ombudsman — Whether material obtained in confidence — Whether documents exempt from release Request for access to documents relating to an investigation by the Commonwealth Ombudsman — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether documents conditionally exempt from release — Whether contrary to public interest to release conditionally exempt documents | Access refusal | Affirmed |
| 'H' and Australian Broadcasting Corporation [2012] AICmr 10 (30 March 2012) (PDF) |
s 24A(1) | Refusal of access to documents – Whether reasonable steps taken to find documents | Access grant | Affirmed |
| 'G' and Australian Taxation Office [2012] AICmr 9 (29 March 2012) (PDF) |
s 24A(1) | Refusal of access to documents – Whether reasonable steps taken to find documents | Access grant | Affirmed |
| F' and Australian Broadcasting Corporation [2012] AICmr 8 (7 March 2012) (PDF) |
s 7(2); Schedule 2, Part II | Policy documents of the Australian Broadcasting Corporation — Whether documents are in relation to the ABC's program material | Access refusal | Set aside and substituted |
| Herald and Weekly Times Pty Ltd and Australian Broadcasting Corporation [2012] AICmr 7 (7 March 2012) (PDF) |
s 7(2); Schedule 2, Part II | Documents dealing with salaries of Australian Broadcasting Corporation program makers — Whether documents are in relation to the ABC's program material | Access refusal | Set aside and substituted |
| Briggs and Department of Broadband, Communications and the Digital Economy [2012] AICmr 6 (15 February 2012) (PDF) |
s 29(5)(b) | Charges – Whether the giving of access to a document is in the general public interest or in the interest of a substantial section of the public – Whether agency should exercise discretion to reduce or not impose charge | Access refusal | Affirmed |
| Briggs and Department of the Treasury [2012] AICmr 5 (15 February 2012) (PDF) |
s 29(5)(b) | Charges – Whether the giving of access to a document is in the general public interest or in the interest of a substantial section of the public – Whether agency should exercise discretion to reduce or not impose charge | Access refusal | Set aside and substituted |
| Internode Pty Ltd and NBN Co Ltd [2012] AICmr 4 (20 January 2012) (PDF) | ss 7(2), (3A), (4); Schedule 2, Part II | Commercial activities – Whether documents are in respect of commercial activities of NBN Co | Access refusal | Affirmed |
| 'E' and National Offshore Petroleum Safety and Environmental Management Authority [2012] AICmr 3 (11 January 2012) (PDF) | ss 27, 47, 47G, 53B, 54A, 54M, 57A | Scope of review of access grant decision Whether documents affecting business affairs conditionally exempt from release – Whether adverse effect of release unreasonable | Access grant | Affirmed |
| Smith and Department of Broadband, Communications and the Digital Economy [2012] AICmr 2 (6 January 2012) (PDF) |
s 29(5)(b) | Charges – Whether agency should exercise discretion to reduce or not impose charge | Access refusal | Affirmed |
| Fletcher and Department of Broadband, Communications and the Digital Economy [2012] AICmr 1 (6 January 2012) (PDF) |
s 29(5)(b) | Charges – Whether agency should exercise discretion to reduce or not impose charge | Access refusal | Affirmed |
| Decision | Legislative provision/s | Catchword summary | Decision under review | IC review decision |
|---|---|---|---|---|
| Parnell and Prime Minister of Australia (No 2) [2011] AICmr 12 (23 December 2011) (PDF) |
s 4(1) | Freedom of information — Whether diary entry relating to political party function is an official document of a Minister | Access refusal | Affirmed |
| Washington and Australian Prudential Regulation Authority [2011] AICmr 11 (22 December 2011) (PDF) |
ss 11A(5), 47J, 55 | Request for access to risk registers maintained by regulator — Whether documents conditionally exempt from release Request for access to risk registers maintained by regulator — Whether contrary to public interest to release conditionally exempt documents Procedure in IC Review — Access by IC Review applicant to submissions containing exempt material | Access refusal | Affirmed |
| Parnell and Prime Minister of Australia [2011] AICmr 10 (21 December 2011) (PDF) |
s 4(1) | Whether letter to Prime Minister from a political organisation is an official document of a Minister | Access refusal | Affirmed |
| Baljurda Comprehensive Consulting Pty Ltd and the Australian Agency for International Development [2011] AICmr 8 (18 November 2011) (PDF) |
s 29(5) | Charges — Whether agency should exercise discretion to reduce or not impose charges | Access refusal | Set aside and substituted |
| 'C' and Department of Immigration and Citizenship [2011] AICmr 7 (22 September 2011) (PDF) |
ss 11A(5), 11B, 47F | Travel and visa information relating to a third party — Whether disclosure of personal information unreasonable Public interest test — Personal information relating to a third party — Whether relationship between applicant and third party relevant | Access refusal | Affirmed |
| 'B' and Office of the Official Secretary to the Governor-General [2011] AICmr 6 (9 August 2011) (PDF) |
s 6A | Request for access to documents — Whether document of the Official Secretary to the Governor-General 'relates to matters of an administrative nature' — Documents concerning appointments to the Order of Australia | Access refusal | Affirmed — Affirmed by the AAT: [2012] AATA 247 (30 April 2012) |
| Carver and Fair Work Ombudsman [2011] AICmr 5 (27 July 2011) PDF (amended 29 August 2011) |
ss 11A(5), 47C, 47E, 47F | Request for access to documents relating to an investigation under the APS Code of Conduct — Whether documents conditionally exempt from release Request for access to documents relating to an investigation under the APS Code of Conduct — Whether contrary to public interest to release conditionally exempt documents | Access refusal | Set aside and substituted |
| 'A' and Department of Health and Ageing [2011] AICmr 4 (15 June 2011) (PDF) |
ss 38, ss 38(1A), 55K, 55L; Aged Care Act 1997 s 86-3 | Documents to which secrecy provisions of enactments apply — Whether Information Commissioner can exercise discretion to disclose protected information | Access refusal | Affirmed |
| Parnell and Minister for Infrastructure and Transport [2011] AICmr 3 (11 April 2011) (PDF) |
ss 4(1), 24A(1) | Official documents of a Minister — Whether personal references can be official documents of a Minister Refusal of access to documents — Whether reasonable steps taken to find a document | Access refusal | Set aside and substituted |
| Besser and Department of Infrastructure and Transport [2011] AICmr 2 (17 March 2011) (PDF) |
s 29(5)(b) | Charges — Whether the giving of access to a document is in the general public interest or in the interest of a substantial section of the public | Access refusal | Set aside and substituted |
| Crowe and NBN Co Ltd [2011] AICmr 1 (25 January 2011) (PDF) | s 4(1) | Whether respondent falls within definition of 'prescribed authority' | Access refusal | Affirmed |
FOI determinations
The OAIC can make determinations under the FOI Act in relation to exempting documents from publication either through the Disclosure Log (s 11(2)) or the Information Publication Scheme (s 8(3)).
Disclosure Log Determination No. 2011-1 (Exempt Documents)
The effect of this determination by the Information Commissioner is that agencies and Ministers are not required to publish information prescribed by the determination, in their disclosure log. This determination has effect from 17 October 2011 until 16 October 2013 inclusive. Below is a link to the authoritative version of the determination and the explanatory statement on ComLaw.
Note: The authoritative versions of all legislative instruments enabled by the Freedom of Information Act 1982 can be found on the ComLaw site at www.comlaw.gov.au/Series/C2004A02562/Enables.
Privacy complaint determinations
The OAIC can, under s 52 of the Privacy Act 1988 (the Privacy Act), make determinations on privacy complaints where conciliation has not resolved the matter.
Complaint determinations of the former Office of the Privacy Commissioner can be found at: www.austlii.edu.au/au/cases/cth/PrivCmrACD/
Privacy own motion investigation reports can be found on our Reports page and privacy case notes on our Case Notes page.
Privacy public interest determinations
The OAIC can make public interest determinations under Part VI of the Privacy Act to enable agencies or organisations to undertake activity that would normally be a breach of the Privacy Act. Below are the latest public interest determinations registered. The OAIC's Register of (Public Interest) Determinations (required by section 80E of the Privacy Act) is found at: www.privacy.gov.au/law/act/pid
Public Interest Determinations 13 and 13A – Disclosure and collection of personal information to improve outcomes for children and young people at risk of serious harm
These determinations have effect from 16 February 2012 until 15 February 2017 inclusive. Below are links to the authoritative version of these determinations and the explanatory statement on ComLaw.
- Public Interest Determination 13 (PDF)
- Public Interest Determination 13A (giving general effect to Public Interest Determination 13) (PDF)
- Explanatory Statement (PDF)
Public Interest Determinations 12 and 12A – Collection of Family, Social and Medical Histories
These determinations have effect from 11 December 2011 until 10 December 2016 inclusive. Below are links to the authoritative version of these determinations and the explanatory statement on ComLaw.
- Public Interest Determination 12 (PDF)
- Public Interest Determination 12A (giving general effect to Public Interest Determination 12) (PDF)
- Explanatory Statement (PDF)
Note: The authoritative versions of all legislative instruments enabled by the Privacy Act 1988 can be found on the ComLaw site at www.comlaw.gov.au/Series/C2004A03712/Enables. These include all current Privacy Regulations, Public Interest Determinations, Credit Provider Determinations, Privacy Codes, Health and Medical Research Guidelines and Tax File Number Guidelines.