Our FOI disclosure log

Reference number

FOIREQ23/00049

Date of access

11 May 2023

Published on

25 May 2023

FOI request

“I write seeking documents under the FOI Act.

I am aware of the recent resignation of Mr Leo Hardiman and note his resignation statement stated he had "led the implementation of significant changes to how Commonwealth’s core FOI regulatory functions are undertaken, led and managed but that further changes are, however, necessary in my view to ensure that the timeliness of IC reviews and, consequently, access to government-held information, is increased. The making of those changes is not within the powers conferred on me as FOI Commissioner.

Specifically I am seeking documents containing information including communications from Mr Hardiman to the OAIC or AG’s department including the nature and details of the “further changes…necessary to ensure the timeliness of IC reviews and, consequently, access to government-held information, is increased”.

I am also interested in communications from Mr Hardiman relating to possible changes needed to the powers of the FOI Commissioner arising from the need to ensure the timeliness of IC reviews and, consequently, access to government-held information, is increased.

I am happy to discuss the scope of the request and can be contacted via my details below.”

Other information

S 22

S 47C

S 47F

S 47G

Information published in the disclosure log

Reference number

FOIREQ23/00044

Date of access

8 May 2023

Published on

11 May 2023

FOI request

“This letter is a request for the purposes of the FOI Act 1982.

I seek access to:

1. The FOI Commissioner’s resignation letter to the Governor-General.

2. Any emails between the FOI Commissioner and the Information Commissioner since 1 February 2023 that go to the state of the IC review regime, or that relate to his resignation (including an intention to resign).

3. Any email to OAIC staff informing them of his resignation.”

Other information

S 22

S 47C

Information published in the disclosure log

Reference number

FOIREQ23/00023

Date of access

8 May 2023

Published on

11 May 2023

FOI request

“This letter is a request for the purposes of the FOI Act 1982. I seek access to a) any emails/communications between the OAIC and the Attorney-General’s Office, b) the agenda and c) any internal briefing documents used and any documents exchanged in respect of:

1. The Information Commissioner’s meeting with the Attorney-General on 08 August 2022
2. The Information Commissioner’s telephone conversation with the Attorney-General on 06 October 2022.”

Other information

S 22

S 47E(d)

Information published in the disclosure log

Reference number

FOIREQ23/00054

Date of access

1 May 2023

Published on

5 May 2023

FOI request

“The document I’m seeking access to is the document which contains information about the organisations or agencies who have notified the Office of the Australian Information Commissioner of a notifiable data breach since the notifiable data breach scheme commenced on 22 February 2018 up to the date of the FOI request made today on 31 March 2023. More specifically, the document I’m seeking will include the following information but not limited to: the organisation or agency’s name and contact details, a description of the data breach, the kinds of information involved, recommendations about the steps individuals should take in response to the data breach.”

Other information

s 22(1)(a)(ii)

s47E(d)

Information published in the disclosure log

Reference number

FOIREQ23/00046

Date of access

21 April 2023

Published on

27 April 2023

FOI request

“I am seeking access to information under the Freedom of Information Act 1982 and I request the following:

• All documents, including attendance lists, relating to the meeting between the Attorney-General, or representatives, or officials from the department, and Information Commissioner Rachel Falk on 8 August 2022.
• All correspondence between 8 August 2022 to today's date (8 March 2023) sent between the Attorney-General, or his office, and the OAIC relating to funding and resource constraints.”

Other information

Access to 38 documents in full and 13 documents in part.

Exemptions applied:

Ss 47E(d) and 47F

Information published in the disclosure log

Reference number

FOIREQ23/00055

Date of access

21 April 2023

Published on

24 April 2023

FOI request

“The purpose of this request is to get a better understanding of how the actions of Commonwealth officials are affecting the allocation of the OAIC’s scarce resources.

I would like to know how many extant IC review requests are before the OAIC solely on the ground of a deemed refusal decision (i.e. the principal officer of an agency or a Minister is taken to have refused access to a document because they did not provide a decision to an access applicant).

I would also like to know which agencies and Ministers have failed to provide decisions.

For example, if there are 10 extant IC review requests that have been lodged on the ground of a deemed refusal decision, and 2 of those are in respect of deemed refusal decisions from the principal officer of the Department of Prime Minister, and the other 8 are in respect of deemed refusal decisions from the Attorney-General, then please provide a documents showing that:

a) 2 IC review requests have been lodged in respect of deemed refusal decisions from the principal officer of the Department of Prime Minister; and

b) 8 IC review requests have been lodged in respect of deemed refusal decisions from the Commonwealth Attorney-General.

Under the Freedom of Information Act 1982, I request access to documents identifying the number of extant IC review requests as at 20 March 2023, broken down by agency (as that term is defined in section 4 of the FOI Act) or Minister, which have been lodged on the ground of a deemed refusal decision on the parts of the relevant principal officers of agencies or Ministers.

To the extent that it applies, I would appreciate it if you would deal with this FOI request in accordance with section 17 of the Freedom of Information Act 1982.

Despite having made a formal FOI request, my preference would be for the OAIC to provide the requested document pursuant to an administrative release of information, and I would be pleased to cooperate in any reasonable way to assist you in facilitating access to the documents requested.”

Other information

S 17

Information published in the disclosure log

Reference number

FOIREQ23/00033

Date of access

24 March 2023

Published on

3 April 2023

FOI request

I require, under the Freedom of Information Act, these documents:

From 23 February 2019 – date of the FOI request on 23 February 2023:

1. a list of IC reviews that were finalised in this period, the names of the respondent agency, and the reasons for finalisation
2. whether revised 55G decisions were made on these IC reviews, and
3. where the matter proceeded to an Information Commissioner decision, whether the FOI decision subject to the review was varied or set aside, and if so, the exemptions under the FOI Act that was varied or set aside by the Information Commissioner in the decision.

Other information

2 documents released in full

Irrelevant material removed under s 22(1)(a)(ii)

Information published in the disclosure log

Reference number

FOIREQ23/00015

Date of access

22 Feb 2023

Published on

8 March 2023

FOI request

Internal review of the following FOI request:

1. current version or the most recent previous version of policies, guidelines, directives, rules, codes of practice, work instructions and procedures governing the following:
   1. the enquiries made by the OAIC during the holiday and festive season seeking a response within 7 days from people who either made an FOI complaint or seek an IC review.
   2. the discretion to close those FOI complaints or IC reviews if a response to an enquiry is not received by the OAIC within 7 days.
   3. the conditions and circumstances in which those FOI complaints or IC reviews can be reopened if a response to an enquiry is not received by the OAIC within 7 days.
   4. the process of selection of measures implemented by the OAIC to ensure, as far as practicable, that its staff adhere to its Service Charter and the APS Code of Conduct.

Other information

Released in full (with irrelevant matter deleted under s 22 of the FOI Act)

Information published in the disclosure log

Reference number

FOIREQ22/00386

Date of access

31 Jan 2023

Published on

14 February 2023

FOI request

This is a request for the purpose of the FOI Act 1982.

On 7 November 2022 the FOI Commissioner gave evidence before the Senate’s Legal and Constitutional Affairs Legislation Committee, stating in relation to IC reviews:

For 2018 there are 60 ongoing reviews; for 2019 there are 249; for 2020 there are 346; for 2021 there are 498; and for 2022 there are 889.

I seek access to the terms of each of the sixty 2018 FOI requests as originally articulated to the relevant Agency, or instead, where the terms were modified during the course of the original FOI stage, the modified terms of the FOI request.

I accept, and prefer, that the processing of this request involves a ‘cut and paste’ of information onto a single new document containing sixty request terms - as permitted under s17 of the FOI Act.

Other information

Partial release

Exemptions applied under sections 47F and 47G(1)(a)

Date of publication

14 February 2023

Information published in the disclosure log

Reference number

FOIREQ23/00001

Date of access

02 Feb 2023

Published on

14 February 2023

FOI request

Under the FOI act, I would like to request data on the notifiable data breach scheme – my request is in two parts A & B.

A) In March 2021, the OAIC provided data in response to an FOI, reference number FOIREQ21/00009, with data collected under the notifiable data breach scheme.

https://www.oaic.gov.au/assets/about-us/access-our-information/foi-disclosure-log/foireq21-00009.pdf

Under the FOI act, please could you share an updated table to include data from January, February, March, April, May, June, July, August, September, October, November and December 2022?

B) Furthermore, would it be possible to get data on how many Notifiable data breach forms were submitted to the OAIC in total in 2022 and a breakdown of the cause of these breaches, as per responses to part two in the form. Please supply this information by completing the table below.

Row 1: Year | Total number of data breach forms received | Malicious or criminal attack | System fault | Human error | Other | Currently unknown

Row 2: 2022 – Jan-Jun (inclusive)

Row 3: 2022 – July-Dec (inclusive)

Other information

Full release

Information published in the disclosure log