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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 PDF or HTML format.
Note that for decisions made after 15 March 2013, the HTML version is found on the AustLII AICmr series page. Direct links are provided below.
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 |
|---|---|---|---|---|
| Rudd and Civil Aviation Safety Authority [2013] AICmr 56 (13 May 2013) (AustLII link) (PDF) | s 42 | Legal professional privilege — Whether documents subject to legal professional privilege |
Access refusal | Set aside and substituted |
| 'AG' and Department of Immigration and Citizenship [2013] AICmr 55 (26 April 2013) (AustLII link) (PDF) | ss 11A(5), 11B, 45, 47F | Request for access to documents — Whether giving access would disclose material obtained in confidence — Personal privacy exemption — Whether documents conditionally exempt from release — Whether contrary to public interest to conditionally release exempt documents |
Access refusal | Affirmed |
| 'AF' and Department of Immigration and Citizenship [2013] AICmr 54 (26 April 2013) (AustLII link) (PDF) | ss 42, 45, 47C, 47F | Legal professional privilege — Whether material obtained in confidence — Whether documents contain deliberative matter — Whether disclosure of personal information unreasonable |
Access refusal | Set aside and substituted |
| 'AE' and Department of Immigration and Citizenship [2013] AICmr 53 (26 April 2013) (AustLII link) (PDF) | ss 48, 50 | Amendment of personal records — Date of birth — Whether a record of date of birth should be amended |
Access refusal | Set aside and substituted |
| Foundation for Alcohol Research and Education and Department of Health and Ageing [2013] AICmr 52 (24 April 2013) (AustLII link) (PDF) | s 29 | Charges — Whether agency should exercise discretion to reduce or not impose charge |
Access refusal | Set aside and substituted |
| 'AD' and Civil Aviation Safety Authority [2013] AICmr 51 (24 April 2013) (AustLII link) (PDF) | ss 11A(5), 27, 47, 47F, 47G | 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 |
| 'AC' and Department of Health and Ageing [2013] AICmr 50 (24 April 2013) (AustLII link) (PDF) | ss 11B, 27, 27A, 47, 47F, 47G, 53B, 54M |
Scope of review of access grant decision Public interest conditional exemption — Business |
Access grant | Affirmed |
| Philip Morris Ltd and Department of Health and Ageing [2013] AICmr 49 (22 April 2013) (AustLII link) (PDF) | s 24, 24AA, 24AB | Request for access to categories of documents concerning tobacco regulation — Whether dealing with request would be a substantial and unreasonable diversion of resources |
Access refusal | Affirmed |
| 'AB' and Australian Securities and Investments Commission [2013] AICmr 48 (22 April 2013) (AustLII link) (PDF) | s 47F, 11A(5) | Disclosure of financial information to Minister required by statute — Whether disclosure of personal information unreasonable — Whether disclosure contrary to public interest |
Access refusal | Affirmed |
| Upper Dumaresq Action Group and Australian Competition and Consumer Commission [2013] AICmr 47 (18 April 2013) (AustLII link) (PDF) | ss 45, 47G | Whether material obtained in confidence — Public interest conditional exemption — Business |
Access refusal | Affirmed |
| 'AA' and Bureau of Meteorology [2013] AICmr 46 (18 April 2013) (AustLII link) (PDF) | s 33(a)(iii) | International relations of the Commonwealth — Whether disclosure would, or could reasonably be expected to, cause damage to the international relations of the Commonwealth |
Access refusal | Affirmed |
| Wake and Australian Broadcasting Corporation [2013] AICmr 45 (15 April 2013) (AustLII link) (PDF) | ss 33(a)(iii), 24A(1) | Documents affecting international relations — Whether disclosure would, or could reasonably be expected to, cause damage to the international relations of the Commonwealth Refusal of access to documents — Whether reasonable steps taken to find documents |
Access refusal | Set aside and substituted |
| 'Z' and Department of the Treasury [2013] AICmr 44 (15 April 2013) (AustLII link) (PDF) | ss 47F, 11A(5) | Disclosure of financial information to Minister required by statute – Whether disclosure of personal information unreasonable — whether disclosure contrary to public interest | Access refusal | Affirmed |
| 'Z' and Australian Securities and Investments Commission [2013] AICmr 43 (15 April 2013) (AustLII link) (PDF) | ss 47F, 11A(5) | Disclosure of financial information to Minister required by statute – Whether disclosure of personal information unreasonable — whether disclosure contrary to public interest | Access refusal | Affirmed |
| 'Y' and Civil Aviation Safety Authority [2013] AICmr 42 (12 April 2013) (AustLII link) (PDF) | ss 47E, 47F | Request for access to documents relating to an investigation by the Civil Aviation Safety Authority — Certain operations of agencies — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure of personal information unreasonable | Access refusal | Varied |
| Hamden and Department of Human Services [2013] AICmr 41 (12 April 2013) (AustLII link) (PDF) | s 42 | Legal Professional Privilege — Whether documents subject to legal professional privilege, and if so, whether privilege waived | Access refusal | Affirmed |
| 'X' and Australian Federal Police [2013] AICmr 40 (9 April 2013) (AustLII link) (PDF) | s 37 | National Security Hotline report — Documents affecting the enforcement of law and protection of public safety | Access refusal | Affirmed |
| 'W' and the Australian Federal Police [2013] AICmr 39 (8 April 2013) (AustLII link) (PDF) | ss 33(b), 37(2)(b), 11A(5), 47E, 47F | Documents affecting national security, defence or international relations Documents affecting enforcement of law and protection of public safety — Prejudice to law enforcement methods and procedures Personal privacy exemption — Certain operations of agencies — Whether documents conditionally exempt from release |
Access refusal | Set aside and substituted |
| Hothnyang and Department of Immigration and Citizenship [2013] AICmr 38 (8 April 2013) (AustLII link) (PDF) | ss 48, 50 | Amendment of personal records — Whether a record of date of birth should be amended | Access refusal | Affirmed |
| 'VA' and Department of Immigration and Citizenship [2013] AICmr 37 (3 April 2013) (AustLII link) (PDF) | ss 48, 50, 55D | Amendment of personal records — Whether the information on the Department's record is incorrect — Whether it should be amended | Access refusal | Set aside and substituted |
| O'Sullivan and Department of Foreign Affairs and Trade [2013] AICmr 36 (28 March 2013) (AustLII link) (PDF) | ss 22, 33, 47F, 47G | Request for access to documents — Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Documents affecting international relations — Documents affecting personal privacy — Whether disclosure of personal information of a third party is unreasonable — Documents affecting business affairs | Access refusal | Set aside and substituted |
| 'U' and Department of Immigration and Citizenship [2013] AICmr 35 (28 March 2013) (AustLII link) (PDF) | ss 48, 50 | Amendment of personal records — Whether a record of date of birth should be amended | Access refusal | Set aside and substituted |
| Dreamsafe Recycling Pty Ltd and Department of Education, Employment and Workplace Relations [2013] AICmr 34 (27 March 2013) (AustLII link) (PDF) | ss 22, 47C, 47G | Request for access to document — Whether documents contain deliberative matter —Whether documents unreasonably affect business affairs — Whether documents conditionally exempt from release — Whether contrary to public interest to release conditionally exempt documents | Access refusal | Set aside and substituted |
| 'T' and Australian Securities and Investments Commission [2013] AICmr 33 (27 March 2013) (AustLII link) (PDF) | ss 24, 24AA, 24AB | Practical refusal decision — Whether work involved in processing FOI request would substantially and unreasonably divert agency resources — Failure to follow ‘request consultation process’ | Access refusal | Set aside and substituted |
| Watson and the Australian Federal Police [2013] AICmr 32 (27 March 2013) (AustLII link) (PDF) | ss 22, 33, 54U, 55ZB | Documents affecting international relations — Whether disclosure of documents would, or could reasonably be expected to, cause damage to the international relations of the Commonwealth — Whether disclosure of documents would divulge any information communicated in confidence by an authority of a foreign government | Access refusal | Affirmed |
| 'R' and Department of Veteran's Affairs [2013] AICmr 30 (22 March 2013) (AustLII link) (PDF) | ss 11A(5), 47E(d) | Public interest conditional exemption — Certain operations of agencies — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether contrary to public interest to release conditionally exempt document | Access refusal | Affirmed |
| 'Q' and Department of Health and Ageing [2013] AICmr 29 (22 March 2013) (AustLII link) (PDF) | ss 11A(5), 47G | Public interest conditional exemption — Business — Whether documents conditionally exempt from release | Access grant | Affirmed |
| Australian Broadcasting Corporation and Australian Sports Commission [2013] AICmr 28 (20 March 2013) (AustLII link) (PDF) | ss 11A(5), 47C, 47F, 47G | Material obtained in confidence — Whether documents contain deliberative matter — Whether disclosure of personal information would be unreasonable — Whether documents affecting business affairs conditionally exempt from release — whether adverse effect of release unreasonable — Whether contrary to public interest to release conditionally exempt documents | Access refusal | Set aside and substituted |
| 'O' and Department of Immigration and Citizenship [2013] AICmr 27 (15 March 2013) (PDF) | ss 48, 50 | Amendment of personal records — Whether the information on the Department's record is incorrect | Access refusal | Affirmed |
| 'N' and the Bureau of Meteorology [2013] AICmr 26 (14 March 2013) (PDF) | s 47F ss 11A(5), 11B |
Whether disclosure of personal information unreasonable Public interest test — Personal information relating to a third party |
Access refusal | Affirmed |
| Heffernan and Australian Nuclear Science and Technology Organisation [2013] AICmr 25 (13 March 2013) (PDF) | ss 24A(1), 55G | Refusal of access to documents — Documents cannot be found — Whether reasonable steps taken to find documents | Access refusal | Affirmed |
| 'M' and Department of Agriculture, Fisheries and Forestry [2013] AICmr 24 (13 March 2013) (PDF) | ss 29(5)(a), 29(5)(b) | Charges — Whether charge has been wrongly assessed — Whether agency should exercise discretion to reduce or not impose charge | Access refusal | Set aside and substituted |
| 'L' and Department of Agriculture Fisheries and Forestry [2013] AICmr 23 (13 March 2013) (PDF) | s 47G | Public interest conditional exemption — business — whether disclosure could harm the business, commercial or financial affairs of an organisation where it cannot be identified | Access refusal | Affirmed |
| 'K' and Australian Securities and Investments Commission [2013] AICmr 22 (13 March 2013) (PDF) | s 47G | Public interest conditional exemption — Business | Access grant | Affirmed |
| 'J' and Department of Health and Ageing [2013] AICmr 21 (8 March 2013) (PDF) | ss 11A(5), 22, 47E(c), 47F | Request for access to documents — Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether disclosure of personal information unreasonable — Whether documents conditionally exempt from release — Whether contrary to public interest to release conditionally exempt documents | Access refusal | Set aside and substituted |
| ACP Magazines Limited and IP Australia [2013] AICmr 20 (7 March 2013) (PDF) | s 45 | Whether material obtained in confidence | Access refusal | Affirmed |
| Besser and Department of Infrastructure and Transport [2013] AICmr 19 (6 March 2013) (PDF) | ss 11A(5), 22, 47C and 47E | Request for access to documents — Whether documents contain deliberative matter — Certain operations of agencies — 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 | Access refusal | Set aside and substituted |
| 'I' and Attorney-General's Department [2013] AICmr 18 (1 March 2013) (PDF) | ss 11A(5), 47F, 55G | Whether disclosure of personal information unreasonable | Access refusal | Set aside and substituted |
| 'H' and Attorney-General's Department [2013] AICmr 17 (1 March 2013) (PDF) | ss 11A(5), 47F, 55G | Whether disclosure of personal information unreasonable | Access refusal | Affirmed |
| 'G' and Department of Human Services [2013] AICmr 16 (28 February 2013) (PDF) | s 24A(1) | Refusal of access to documents — Whether reasonable steps taken to find documents | Access refusal | Affirmed |
| 'F' and Department of Defence [2013] AICmr 15 (28 February 2013) (PDF) | s 24A(1) | Refusal of access to documents — Whether reasonable steps taken to find documents | Access refusal | Affirmed |
| 'E' and Department of Health and Ageing [2013] AICmr 14 (28 February 2013) (PDF) | ss 22, 47F(1) | Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Request for information about identity and qualifications of clinical assessor — Whether disclosure of personal information unreasonable | Access refusal | Set aside and substituted |
| 'D' and Civil Aviation Safety Authority [2013] AICmr 13 (28 February 2013) (PDF) | s 47 | Documents disclosing commercially valuable information — Operations Manual | Access refusal | Affirmed |
| Besser and Attorney-General's Department [2013] AICmr 12 (25 February 2013) (PDF) | ss 37, 47F, 22 | Whether documents affect the enforcement of the law — Whether disclosure of personal information unreasonable — Whether edited copy of document can be provided | Access refusal | Affirmed |
| Fletcher and Prime Minister of Australia [2013] AICmr 11 (22 February 2013) (PDF) | s 4(1) ss 24, 24AA |
Whether diary entries relating to meetings with cross-bench members of Parliament are official documents of a Minister Whether work involved in processing FOI request would substantially and unreasonably interfere with the performance of Prime Minister's functions |
Access refusal | Set aside and substituted |
| Davies and Department of the Prime Minister and Cabinet [2013] AICmr 10 (22 February 2013) (PDF) | ss 24, 24AA | Practical refusal decision — Whether work involved in processing FOI request would substantially and unreasonably divert agency resources or interfere with performance of Prime Minister's functions — Access to Prime Ministerial diaries | Access refusal | Affirmed |
| 'B' and Department of Immigration and Citizenship [2013] AICmr 9 (18 February 2013) (PDF) |
s 45 | Whether material obtained in confidence | Access refusal | Affirmed |
| 'C' and Department of Agriculture, Fisheries and Forestry [2013] AlCmr 8 (18 February 2013) (PDF) |
ss 22, 47E, 47F | Request for access to the result of a secret ballot — Whether edited version of document conditionally exempt from release — Whether edited version is reasonable | Access refusal | Affirmed |
| 'A' and Department of Immigration and Citizenship [2013] AICmr 7 (8 February 2013) (PDF) | ss 48, 50 | Amendment of personal records — Whether a record of date of birth should be amended | Access refusal | Set aside and substituted |
'Z' and Department of Defence [2013] AICmr 6 (31 January 2013) (PDF) |
ss 11A(5), 22, 47E(c), 47F | Request for access to documents relating to an investigation under the Defence Force Discipline Act 1982 — Whether documents conditionally exempt from release — Whether contrary to public interest to release conditionally exempt documents | Access refusal | Set aside and substituted |
Dorling and Department of Resources, Energy and Tourism [2013] AICmr 5 (30 January 2013) (PDF) |
s 29(5)(b) | Charges — Whether agency should exercise discretion to reduce or not impose charge | Access refusal | Set aside and substituted |
'Y' and Airservices Australia [2013] AICmr 4 (23 January 2013) (PDF) |
s 24A(1) | Refusal of access to documents — Whether reasonable steps taken to find documents | Access refusal | Affirmed |
'X' and Australian Research Council [2013] AICmr 3 (23 January 2013) (PDF) |
s 24A(1) | Refusal of access to documents — Whether reasonable steps taken to find documents | Access refusal | Affirmed |
'V' and Department of Immigration and Citizenship [2013] AICmr 1 (3 January 2013) (PDF) |
ss 48, 50 | Amendment of personal records — Whether a record of date of birth should be amended | Access refusal | Affirmed |
| Decision | Legislative provision/s | Catchword summary | Decision under review | IC review decision |
|---|---|---|---|---|
| 'U' and Department of Immigration and Citizenship [2012] AICmr 36 (24 December 2012) (PDF) | ss 48, 50 | Amendment of personal records — Whether a record of date of birth should be amended |
Access refusal | Affirmed |
| 'T' and Department of Immigration and Citizenship [2012] AICmr 35 (24 December 2012) (PDF) | ss 48, 50 | Amendment of personal records — Whether a record of date of birth should be amended |
Access refusal | Affirmed |
| McKinnon and Department of Immigration and Citizenship [2012] AICmr 34 (21 December 2012) (PDF) | ss 54W, 55B, 55(4)(b), 47, 47G |
Request that matter be referred to AAT without conducting IC review Request that an IC review hearing be held Requirement that submissions be exchanged in IC review Exempt information — Documents disclosing trade secrets or commercially valuable information Public interest conditional exemption — business |
Access refusal | Set aside and substituted |
| ‘R’ and Department of Immigration and Citizenship [2012] AICmr 32 (27 November 2012) (PDF) | ss 24A(1), 47F |
Whether reasonable steps taken to find documents; Public interest conditional exemption — personal information |
Access refusal | Affirmed |
| Parnell and Department of the Prime Minister and Cabinet [2012] AICmr 31 (22 November 2012) (PDF) | ss 4(1), 47F |
Whether documents contain personal information; Whether letter to Prime Minister from a former Prime Minister is an official document of a Minister |
Access refusal | Set aside and substituted |
| ‘Q’ and Department of Human Services [2012] AICmr 30 (21 November 2012) (PDF) | s 47F ss 11A(5), 11B |
Personal information relating to a third party — Whether disclosure of personal information unreasonable |
Access refusal | Affirmed |
| 'P' and Department of Immigration and Citizenship [2012] AICmr 29 (20 November 2012) (PDF) | ss 48, 50 |
Amendment of personal records — Whether a record of date of birth should be amended |
Access refusal | Affirmed |
| Autism Aspergers Advocacy Australia and Department of Families, Housing, Community Services and Indigenous Affairs [2012] AICmr 28 (12 November 2012) (PDF) | s 47F ss 11A(5), 11B |
Whether disclosure of personal information unreasonable; Public interest test — Personal information relating to a third party |
Access refusal | Affirmed |
'O' and Department of Immigration and Citizenship [2012] AICmr 27 (6 November 2012) (PDF) |
ss 48, 50, 55D |
Amendment of personal records — Whether a record of date of birth should be amended — Weight to put on a copy document when original document not provided |
Access refusal | Affirmed |
'N' and Department of Immigration and Citizenship [2012] AICmr 26 (31 October) (PDF) |
s 48, 50, 55D |
Amendment of personal records — Whether a record of date of birth should be amended |
Access refusal | Affirmed |
Doney and Department of Finance and Deregulation [2012] AICmr 25 |
ss 42, 55F |
Legal professional privilege — Whether legal professional privilege waived; Agreement between IC review parties — Whether agreement relates to part of an IC review application or all of it |
Access refusal | Affirmed |
McBeth and Australian Agency for International Development [2012] AICmr 24 (20 September 2012) (PDF) |
ss 29(1), 29(5)(b) |
Charges — Whether charge has been wrongly assessed — Whether agency should exercise discretion to reduce or not impose charge |
Access refusal | Set aside and substituted |
'M' and Department of Immigration and Citizenship [2012] AICmr 23 |
ss 48, 50, 55D |
Amendment and annotation of personal records |
Access refusal | Affirmed |
Briggs and the Department of the Treasury (No. 3) [2012] AICmr 22 (20 August 2012) (PDF) |
ss 11A(5), 34, 47C, 47D |
Request for access to documents — Cabinet documents — Whether documents submitted to the Cabinet for its consideration or proposed by a Minister to be so submitted — Whether documents brought into existence for the dominant purpose of submission for consideration by the Cabinet — Whether documents are drafts of documents to which ss 34(1)(a), (b) or (c) apply — Whether documents contain information the disclosure of which would reveal a Cabinet deliberation or decision that has not been officially disclosed; Request for access to documents — Whether documents contain deliberative matter — Whether disclosure would have a substantial adverse effect on the financial or property interests of the Commonwealth — Whether documents conditionally exempt from release — Whether contrary to public interest to release conditionally exempt documents |
Access refusal | Varied |
'L' and Australian Human Rights Commission |
ss 11A(5), 47E(d) | Certain operations of agencies — 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 |
'K' and Department of Immigration and Citizenship [2012] AICmr 20 (7 August 2012) (PDF) |
ss 48, 50 | Amendment of personal records — Whether a record of date of birth should be amended when it has been shown to be incorrect but an alternative date has not been shown to be correct | Access refusal | Set aside and substituted |
| British American Tobacco Australia Ltd and Australian Competition and Consumer Commission [2012] AICmr 19 (30 July 2012) (PDF) |
ss 11A(5), 22, 47C, 47E(d) | Request for access to documents — Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Whether documents contain deliberative matter — Whether disclosure would have 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 | Set aside and substituted |
| Briggs and Department of Broadband, Communications and the Digital Economy (No. 2) [2012] AICmr 18 (25 June 2012) (PDF) | s 29(5)(b) | Charges — Whether agency should exercise discretion to reduce or not impose charge | Access refusal | Affirmed |
| Briggs and Department of the Treasury (No. 2) [2012] AICmr 17 (15 June 2012) (PDF) | s 29(5)(b) | Charges — Request for access to draft versions of a public document — Whether agency should exercise discretion to reduce or not impose charge | Access refusal | Affirmed |
| 'J' and Department of Industry, Innovation, Science, Research and Tertiary Education [2012] AICmr 16 (14 June 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 (No. 3) [2012] AICmr 15 (16 May 2012) (PDF) |
s 29(5)(b) | Charges — Whether agency should exercise discretion to reduce or not impose charge | Access refusal | Set aside and substituted |
| Fletcher and Department of Broadband, Communications and the Digital Economy (No. 2) [2012] AICmr 14 (16 May 2012) (PDF) |
s 29(5)(b) | Charges — Whether agency should exercise discretion to reduce or not impose charge | 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 refusal | 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 refusal | 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 — Set aside by the AAT: [2012] AATA 914 (21 December 2012) |
| 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 — Affirmed by the AAT: [2012] AATA 914 (21 December 2012) |
| 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) | 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, 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 declarations and determinations
The Information Commissioner can make a declaration under s 89K(1) of the FOI Act to declare an applicant vexatious. The OAIC can also make determinations in relation to exempting documents from publication either through the Disclosure Log (s 11(2)) or the Information Publication Scheme (s 8(3)).
| Declaration | Legislative provision/s | Catchword summary |
|---|---|---|
| Commonwealth Ombudsman and 'S' [2013] AICmr 31 (27 March 2013) (AustLII link) (PDF) | ss 89K, 89L | Vexatious applicant declaration — Whether respondent should be declared a vexatious applicant — Whether respondent has repeatedly engaged in access actions that involve an abuse of process |
| Department of Defence and 'W' [2013] AICmr 2 (17 January 2013) (PDF) | ss 89K, 89L, 89M | Vexatious applicant declaration — Whether applicant should be declared a vexatious applicant — Whether applicant has repeatedly engaged in access actions that involve an abuse of process |
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.
| Declaration | Legislative provision/s | Catchword summary |
|---|---|---|
| 'S' and Veda Advantage Information Services and Solutions Limited [2012] AICmr 33 (20 December 2012) (PDF) | s 52 |
Credit reporting — accurate, up to date, complete and not misleading — misleading credit report — non-economic loss — assessment of damages measured by statute, assisted by rules in tort — aggravated damages not awarded |
| 'D' and Wentworthville Leagues Club [2011] AICmr 9 (9 December 2011) (PDF) | s 52 NPP 2.1(g) |
Privacy Act – National Privacy Principles – NPP 2 – disclosure – non-economic loss – assessment of damages measured by statute, assisted by rules in tort – aggravated damages not awarded – pecuniary damages not awarded |
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.