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2012 FOI review decisions

Below is the table showing the decisions that have been made in 2012, with summary details for each one. The links in the first column take you to the decision itself, in either PDF or HTML format. Direct links to AustLII are provided below.

Also available are table summaries for decisions made in 2015, decisions made in 2014, decisions made in 2013 and decisions made in 2011.

The table below refers to provisions of the FOI Act unless otherwise specified. 

2012 FOI review decisions
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) (AustLII link)

'U' and Department of Immigration and Citizenship [2012] AICmr 36 (24 December 2012) Printable version504.3 KB
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) (AustLII link)

'T' and Department of Immigration and Citizenship [2012] AICmr 35 (24 December 2012) Printable version541.83 KB
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) (AustLII link)

McKinnon and Department of Immigration and Citizenship [2012] AICmr 34 (21 December 2012) Printable version461.2 KB

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) (AustLII link)

‘R’ and Department of Immigration and Citizenship [2012] AICmr 32 (27 November 2012) Printable version225.18 KB

ss 24A(1), 47F

Whether reasonable steps taken to find documents; Public interest conditional exemption — personal information

Access refusal

Affirmed

Affirmed by the AAT: [2013] AATA 574 (16 August 2013)

 

Parnell and Department of the Prime Minister and Cabinet [2012] AICmr 31 (22 November 2012) (AustLII link)

Parnell and Department of the Prime Minister and Cabinet [2012] AICmr 31 (22 November 2012) Printable version522.5 KB

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) (AustLII link)

‘Q’ and Department of Human Services [2012] AICmr 30 (21 November 2012) Printable version515.06 KB

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) (AustLII link)

'P' and Department of Immigration and Citizenship [2012] AICmr 29 (20 November 2012) Printable version650.08 KB

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) (AustLII link)

Autism Aspergers Advocacy Australia and Department of Families, Housing, Community Services and Indigenous Affairs [2012] AICmr 28 (12 November 2012) Printable version512.26 KB

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) (AustLII link)

'O' and Department of Immigration and Citizenship [2012] AICmr 27 (6 November 2012) Printable version527.87 KB

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

Affirmed by the AAT:

[2013] AATA 532 (31 July 2013)

'N' and Department of Immigration and Citizenship [2012] AICmr 26 (31 October) (AustLII link)

'N' and Department of Immigration and Citizenship [2012] AICmr 26 (31 October) Printable version539.59 KB

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
(15 October 2012) (AustLII link)


Doney and Department of Finance and Deregulation [2012] AICmr 25 
(15 October 2012) Printable version593.26 KB

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) (AustLII link)

McBeth and Australian Agency for International Development [2012] AICmr 24 (20 September 2012) Printable version586.7 KB

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
(18 September 2012) (AustLII link)


'M' and Department of Immigration and Citizenship [2012] AICmr 23 
(18 September 2012) Printable version529.37 KB

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) (AustLII link)

Briggs and the Department of the Treasury (No. 3) [2012] AICmr 22 (20 August 2012) Printable version518.82 KB

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 [2012] AICmr 21 (15 August 2012) (AustLII link)

'L' and Australian Human Rights Commission [2012] AICmr 21 (15 August 2012) Printable version541.32 KB
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) (AustLII link)

'K' and Department of Immigration and Citizenship [2012] AICmr 20 (7 August 2012) Printable version733.11 KB
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) (AustLII link)

British American Tobacco Australia Ltd and Australian Competition and Consumer Commission [2012] AICmr 19 (30 July 2012) Printable version705.45 KB
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) (AustLII link)

Briggs and Department of Broadband, Communications and the Digital Economy (No. 2) [2012] AICmr 18 (25 June 2012) Printable version550.81 KB
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) (AustLII link)

Briggs and Department of the Treasury (No. 2) [2012] AICmr 17 (15 June 2012) Printable version534.1 KB
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) (AustLII link)

'J' and Department of Industry, Innovation, Science, Research and Tertiary Education [2012] AICmr 16 (14 June 2012) Printable version762.33 KB
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) (AustLII link)

Fletcher and Department of Broadband, Communications and the Digital Economy (No. 3) [2012] AICmr 15 (16 May 2012) Printable version528.52 KB
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) (AustLII link)

Fletcher and Department of Broadband, Communications and the Digital Economy (No. 2) [2012] AICmr 14 (16 May 2012) Printable version538.17 KB
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) (AustLII link)

Besser and Department of Industry, Innovation, Science, Research and Tertiary Education [2012] AICmr 13 (30 April 2012) Printable version538.93 KB
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) (AustLII link)

'I' and Australian National University [2012] AICmr 12 (26 April 2012) Printable version550.69 KB
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) (AustLII link)

Australian Broadcasting Corporation and Commonwealth Ombudsman [2012] AICmr 11 (26 April 2012) Printable version782.58 KB
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) (AustLII link)

'H' and Australian Broadcasting Corporation [2012] AICmr 10 (30 March 2012) Printable version572.1 KB
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) (AustLII link)

'G' and Australian Taxation Office [2012] AICmr 9 (29 March 2012) Printable version556.51 KB
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) (AustLII link)

'F' and Australian Broadcasting Corporation [2012] AICmr 8 (7 March 2012) Printable version501.77 KB
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 and substituted 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) (AustLII link)

Herald and Weekly Times Pty Ltd and Australian Broadcasting Corporation [2012] AICmr 7 (7 March 2012) Printable version492.39 KB
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) (AustLII link)

Briggs and Department of Broadband, Communications and the Digital Economy [2012] AICmr 6 (15 February 2012) Printable version526.35 KB
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) (AustLII link)

Briggs and Department of the Treasury [2012] AICmr 5 (15 February 2012) Printable version575.05 KB
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) (AustLII link)

Internode Pty Ltd and NBN Co Ltd [2012] AICmr 4 (20 January 2012) Printable version545.25 KB
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) (AustLII link)

'E' and National Offshore Petroleum Safety and Environmental Management Authority [2012] AICmr 3 (11 January 2012) Printable version581.64 KB
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) (AustLII link)

Smith and Department of Broadband, Communications and the Digital Economy [2012] AICmr 2 (6 January 2012) Printable version542.24 KB
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) (AustLII link)

Fletcher and Department of Broadband, Communications and the Digital Economy [2012] AICmr 1 (6 January 2012) Printable version577.14 KB
s 29(5)(b) Charges – Whether agency should exercise discretion to reduce or not impose charge Access refusal Affirmed