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2013 FOI review decisions summary

Below is the table showing the decisions that have been made in 2013, with summary details for each one. The links in the first column take you to the decision itself, in either PDF or HTML format. All decisions are available on AustLII.

Note that for decisions made after 15 March 2013, the HTML version is only available on the AustLII AICmr series page. Direct links are provided below.

Also available are table summaries for decisions made in 2015, decisions made in 2014, decisions made in 2012 and decisions made in 2011.

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

2013 FOI review decisions
Decision Legislative provision/s Catchword summary Decision under review IC review decision
‘AV’ and Department of Foreign Affairs and Trade [2013] AICmr 91 (20 December 2013) (AustLII link)

‘AV’ and Department of Foreign Affairs and Trade [2013] AICmr 91 (20 December 2013) Printable version568.42 KB
ss 22, 47E(d) Freedom of information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of an agency — Whether documents conditionally exempt from release — Whether
disclosure is contrary to the public interest.
Access refusal Set aside and substitute
‘AU’ and Department of Immigration and Border Protection [2013] AICmr 90 (19 December 2013) (AustLII link)

‘AU’ and Department of Immigration and Border Protection [2013] AICmr 90 (19 December 2013) Printable version524.3 KB
ss 48, 50 Freedom of Information — Amendment of personal records — Whether a record of date of birth should be amended Access refusal Affirmed
He and Department of the Prime Minister and Cabinet [2013] AICmr 89 (17 December 2013) (AustLII link)

He and Department of the Prime Minister and Cabinet [2013] AICmr 89 (17 December 2013) Printable version419.34 KB
s 47C Freedom of Information —Whether document contains deliberative matter — Whether contrary to public interest to release conditionally exempt document Access refusal Set aside and substituted
Philip Morris Ltd and Treasurer [2013] AICmr 88 (13 December 2013) (AustLII link)

Philip Morris Ltd and Treasurer [2013] AICmr 88 (13 December 2013) Printable version574.58 KB
ss 4(1), 11(1), 11A(3), 55K(2), (3)

Acts Interpretation Act 1901 (Cth) s 20
Application of FOI Act to documents where there is a change of Minister — Whether documents are official documents of a Minister —Whether documents are in the possession of a Minister Access refusal Varied
Rudd and Civil Aviation Safety Authority [2013] AICmr 87 (11 December 2013) (AustLII link)

Rudd and Civil Aviation Safety Authority [2013] AICmr 87 (11 December 2013)	Printable version534.82 KB
ss 11A(5), 22, 47E, 47F Whether disclosure would have a substantial or adverse effect on the management or assessment of personnel — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether documents contain personal information — Whether disclosure of personal information would be unreasonable — Whether disclosure would be contrary to the public interest Access refusal Set aside and substituted
Lester and Commonwealth Scientific and Industrial Research Organisation [2013] AICmr 86 (11 December 2013) (AustLII link)

Lester and Commonwealth Scientific and Industrial Research Organisation [2013] AICmr 86 (11 December 2013) Printable version505.16 KB
s 12(1)(c) Whether documents available for purchase by the public in accordance with arrangements made by an agency Access refusal Affirmed
‘AT’ and Department of Immigration and Border Protection [2013] AICmr 85 (10 December 2013) (AustLII link)

‘AT’ and Department of Immigration and Border Protection [2013] AICmr 85 (10 December 2013) Printable version529.98 KB
ss 48, 50 Amendment of personal records — Whether a record of date of birth should be amended Access refusal Set aside and substituted
National Australia Bank Ltd and Australian Competition and Consumer Commission [2013] AICmr 84 (11 December 2013) (AustLII link)

National Australia Bank Ltd and Australian Competition and Consumer Commission [2013] AICmr 84 (11 December 2013) Printable version613.63 KB
ss 22, 42, 45, 47, 47C, 47E, 47F, 47G Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Whether documents subject to legal professional privilege — Whether material obtained in confidence — Whether documents contain commercially valuable information — Whether documents contain deliberative matter — 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 — Whether disclosure would unreasonably affect organisation’s
business affairs — Whether contrary to public interest to release conditionally exempt documents
Access refusal Set aside and substituted
Thomson and Australian Federal Police [2013] AICmr 83 (22 November 2013) (AustLII link)

Thomson and Australian Federal Police [2013] AICmr 83 (22 November 2013) Printable version549.6 KB
ss 11A(5), 22, 42, 47F Legal professional privilege — Whether documents subject to legal professional privilege — Whether documents contain personal information— Whether disclosure of personal information would be unreasonable — Whether disclosure would be contrary to public interest Access refusal Set aside and substitute
‘AS’ and Department of Defence [2013] AICmr 82 (21 November 2013) (AustLII link)

‘AS’ and Department of Defence [2013] AICmr 82 (21 November 2013) Printable version537 KB
ss 48, 50 Amendment of personal records — Whether a record of should be amended Access Refusal Affirmed
Farrell and Department of Immigration and Border Protection [2013] AICmr 81 (21 November 2013) (AustLII link)

Farrell and Department of Immigration and Border Protection [2013] AICmr 81 (21 November 2013) Printable version503.91 KB
ss 11A(3), 47E(d) Incident Report — 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
‘AR’ and Australian Federal Police [2013] AICmr 80 (12 November 2013) (AustLII link)

(PDF)
ss 3A, 24, 24AA, 24AB Whether work involved in processing request would substantially and unreasonably divert the resources of the agency from its other operations — Effect of giving access to documents outside the FOI Act Access refusal Affirmed
'AQ' and Department of Resources, Energy and Tourism [2013] AICmr 79 (7 November 2013) (AustLII link)

'AQ' and Department of Resources, Energy and Tourism [2013] AICmr 79 (7 November 2013) Printable version573.27 KB
ss 11A(5), 47G Public interest conditional exemption — Business — Whether documents conditionally exempt from release Access Grant Set aside and substituted
'AP' and Department of Human Services [2013] AICmr 78 (25 October 2013) (AustLII link)

'AP' and Department of Human Services [2013] AICmr 78 (25 October 2013) Printable version575.58 KB
ss 24, 24AA, 24AB Whether work involved in processing request would substantially and unreasonably divert the resources of the agency from its other operations Access Refusal Set aside and substituted
'AO' and Department of Veterans' Affairs [2013] AICmr 77 (21 October 2013) (AustLII link)

'AO' and Department of Veterans' Affairs [2013] AICmr 77 (21 October 2013) Printable version563.07 KB
ss 11A(5), 22, 24A, 45, 47F Whether reasonable steps taken to find a document — Whether documents contain material obtained in confidence — Whether documents contain personal information— Whether disclosure of personal information would be unreasonable — Whether disclosure would be contrary to public interest Access Refusal Affirmed 5 October 2011 decision - Set aside and substituted 21 June 2012 decision
'AN' and Department of Immigration and Border Protection [2013] AICmr 76 (11 October 2013) (AustLII link)

'AN' and Department of Immigration and Border Protection [2013] AICmr 76 (11 October 2013) Printable version521.12 KB
ss 48, 50 Amendment of personal records — Whether a record of date of birth should be amended Access refusal Set aside and substituted
Kemp and Department of Foreign Affairs and Trade [2013] AICmr 75 (4 October 2013) (AustLII link)

Kemp and Department of Foreign Affairs and Trade [2013] AICmr 75 (4 October 2013) Printable version510.92 KB
s 47E(d) Request for statistics concerning lost passports — 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
Australian Skydive Group and Fair Work Ombudsman [2013] AICmr 74 (25 September 2013) (AustLII link)

Australian Skydive Group and Fair Work Ombudsman [2013] AICmr 74 (25 September 2013) Printable version534.1 KB
ss 47, 47G Whether disclosure would disclose commercially valuable information—Business information — Whether disclosure would unreasonably affect business affairs Access grant Affirmed
'AM' and Department of Immigration and Citizenship [2013] AICmr 73 (20 September 2013) (AustLII link)

'AM' and Department of Immigration and Citizenship [2013] AICmr 73 (20 September 2013) Printable version531.25 KB
ss 48, 50 Amendment of personal records — Whether a record of date of birth is incorrect — Whether the record should be amended Access refusal Set aside and substituted
'AL' and Department of Defence [2013] AICmr 72 (20 September 2013) (AustLII link)

'AL' and Department of Defence [2013] AICmr 72 (20 September 2013) Printable version545.46 KB
s 42 Legal professional privilege — Whether documents subject to legal professional privilege Access refusal Affirmed
Cornerstone Legal Pty Ltd and Australian Securities and Investments Commission [2013] AICmr 71 (10 September 2013) (AustLII link)

Cornerstone Legal Pty Ltd and Australian Securities and Investments Commission [2013] AICmr 71 (10 September 2013) Printable version572.92 KB
s 47G, 47E Public interest conditional exemption for
business affairs — Whether disclosure could prejudice the future supply of
information — Whether disclosure would be contrary to public interestPublic interest conditional exemption for agency operations
Access refusal Affirmed
Combined Pensioners andSuperannuants Association of NSW Inc and Deputy Prime Minister and Treasurer [2013] AICmr 70 (3 September 2013) (AustLII link)

Combined Pensioners andSuperannuants Association of NSW Inc and Deputy Prime Minister and Treasurer [2013] AICmr 70 (3 September 2013) Printable version501.54 KB
s 47C Whether document contains deliberative matter —Whether contrary to public interest to release conditionally exempt document Access refusal Set aside and substituted
Crowe and Department of the Treasury [2013] AICmr 69 (29 August 2013) (AustLII link)

Crowe and Department of the Treasury [2013] AICmr 69 (29 August 2013) Printable version653.67 KB
ss 47C, 47E Incoming government brief
prepared for party that was unable to form government — deliberative matter —deliberative processes —certain operations of an agency — whether disclosure could reasonably be expected to have a substantial adverse effect on the operations of an agency
Access refusal Affirmed
Sweeney and Australian Securities and Investments Commission [2013] AICmr 68 (30 August 2013) (AustLII link)

Sweeney and Australian Securities and Investments Commission [2013] AICmr 68 (30 August 2013)	Printable version555.65 KB
ss 21, 42, 47, 47E, 47G Whether documents subject to legal professional privilege — Whether disclosure would disclose commercially valuable information
— Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure would
unreasonably affect business affairs — Whether premature release of documents would be contrary to the public interest
Access refusal Set aside and substituted
Sweeney and Australian Prudential Regulation Authority [2013] AICmr 67 (27 August 2013) (AustLII link)

Sweeney and Australian Prudential Regulation Authority [2013] AICmr 67 (27 August 2013) Printable version521.79 KB
s 38 Documents to which secrecy provisions of enactments apply — (CTH) Australian Prudential Regulation Authority Act 1998 s 56 — (CTH) Superannuation Industry (Supervision) Act
1993
s 3
Access refusal Affirmed
Hunt and Australian Federal Police [2013] AICmr 66 (23 August 2013) (AustLII link)

Hunt and Australian Federal Police [2013] AICmr 66 (23 August 2013)	Printable version770.6 KB
ss 11A(5), 37(1)(b), 37(2)(b), 47C, 47E, 47F Disclosure of confidential source of information — Prejudice to lawful methods or procedures Deliberative processes — Certain operations of agencies — Personal privacy exemption — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
Besser and Department of Families, Housing, Community Services and Indigenous Affairs [2013] AICmr 65 (21 August 2013) (AustLII link)

Besser and Department of Families, Housing, Community Services and Indigenous Affairs [2013] AICmr 65 (21 August 2013) Printable version567.43 KB
ss 11A(5), 22, 42, 47E, 47F, 47G Request for access to documents — Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Whether documents subject to legal professional privilege — Whether disclosure would prejudice attainment of objects of audits —
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 — Whether disclosure would unreasonably affect organisation’s business affairs — Whether contrary to public interest to
release conditionally exempt documents
Access refusal Set aside and
substituted
'AK' and Department of Finance and Deregulation [2013] AICmr 64 (16 August 2013) (AustLII link)

'AK' and Department of Finance and Deregulation [2013] AICmr 64 (16 August 2013) Printable version525.2 KB
ss 4(1), 11A(5), 11B, 47F Public interest conditional exemption – Personal privacy — Whether documents contain personal information – Whether disclosure
would be unreasonable — Whether disclosure would be contrary to public interest
Access grant Affirmed
Battersby and NBN Co Ltd [2013] AICmr 61 (26 July 2013) (AustLII link)

Battersby and NBN Co Ltd [2013] AICmr 61 (26 July 2013)	Printable version509.71 KB
ss 7(2), 7(3A), 7(4); Schedule 2, Part II Commercial activities —
Whether documents are in respect of commercial activities of NBN Co
Access refusal Affirmed
Real Health Care Reform Pty Ltd and Department of Health and Ageing [2013] AICmr 60 (14 June 2013) (AustLII link)

Real Health Care Reform Pty Ltd and Department of Health and Ageing [2013] AICmr 60 (14 June 2013) Printable version514.57 KB
s 29 Charges — Whether agency should exercise discretion to reduce or not impose charge Access refusal Varied
‘AH’ and Australian Federal Police [2013] AICmr 59 (6 June 2013) (AustLII link)

‘AH’ and Australian	Federal Police [2013] AICmr 59 (6 June 2013) Printable version504.89 KB

ss 22, 47F

Deletion of irrelevant matter — Whether information deleted from
document irrelevant to the request — Whether disclosure would involve
unreasonable disclosure of personal information
Access refusal Set aside and
substituted
NHS Australia Pty Ltd and Fair Work Ombudsman [2013] AICmr 58 (31 May 2013) (AustLII link)

NHS Australia Pty Ltd and Fair Work Ombudsman [2013] AICmr 58 (31 May 2013) Printable version514.91 KB

 

ss 22, 47G

Scope of review of
access grant decision — Whether documents affecting business affairs
conditionally exempt from release
Access grant Affirmed
Diamond and Australian Curriculum, Assessment and Reporting Authority [2013] AICmr 57 (22 May 2013) (AustLII link)

Diamond and Australian Curriculum, Assessment and Reporting Authority [2013] AICmr 57 (22 May 2013) Printable version579.2 KB
ss 4(1), 17
ss 11A(5), 11B, 47B
Whether material maintained for reference purposes that is otherwise publicly available — Request involving use of computers —
Public interest conditional exemption — Commonwealth-State relations — Whether disclosure of documents would cause damage to relations between Commonwealth and State — Public interest test
Access refusal Set aside and substituted
Rudd and Civil Aviation Safety Authority [2013] AICmr 56 (13 May 2013) (AustLII link)

Rudd and Civil Aviation Safety Authority [2013] AICmr 56 (13 May 2013) Printable version595.18 KB
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)

'AG' and Department of Immigration and Citizenship [2013] AICmr 55 (26 April 2013) Printable version548.33 KB
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)

'AF' and Department of Immigration and Citizenship [2013] AICmr 54 (26 April 2013) Printable version770.64 KB
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)

'AE' and Department of Immigration and Citizenship [2013] AICmr 53 (26 April 2013) Printable version532.92 KB
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)

Foundation for Alcohol Research and Education and Department of Health and Ageing [2013] AICmr 52 (24 April 2013) Printable version551.94 KB
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)

'AD' and Civil Aviation Safety Authority [2013] AICmr 51 (24 April 2013) Printable version529.56 KB
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)

'AC' and Department of Health and Ageing [2013] AICmr 50 (24 April 2013) Printable version584.54 KB

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)

Philip Morris Ltd and Department of Health and Ageing [2013] AICmr 49 (22 April 2013) Printable version534.74 KB
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)

'AB' and Australian Securities and Investments Commission [2013] AICmr 48 (22 April 2013) Printable version504.88 KB
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)

Upper Dumaresq Action Group and Australian Competition and Consumer Commission [2013] AICmr 47 (18 April 2013) Printable version562.83 KB
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)

'AA' and Bureau of Meteorology [2013] AICmr 46 (18 April 2013) Printable version254.15 KB
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)

Wake and Australian Broadcasting Corporation [2013] AICmr 45 (15 April 2013) Printable version245.13 KB
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)

'Z' and Department of the Treasury [2013] AICmr 44 (15 April 2013) Printable version215.38 KB
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)

'Z' and Australian Securities and Investments Commission [2013] AICmr 43 (15 April 2013) Printable version231.88 KB
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)

'Y' and Civil Aviation Safety Authority [2013] AICmr 42 (12 April 2013) Printable version236.25 KB
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)

Hamden and Department of Human Services [2013] AICmr 41 (12 April 2013) Printable version248.93 KB
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)

'X' and Australian Federal Police [2013] AICmr 40 (9 April 2013) Printable version543.53 KB
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)

'W' and the Australian Federal Police [2013] AICmr 39 (8 April 2013) Printable version565.36 KB
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)

Hothnyang and Department of Immigration and Citizenship [2013] AICmr 38 (8 April 2013) Printable version542.92 KB
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)

'VA' and Department of Immigration and Citizenship [2013] AICmr 37 (3 April 2013) Printable version521.16 KB
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)

O'Sullivan and Department of Foreign Affairs and Trade [2013] AICmr 36 (28 March 2013) Printable version593.03 KB
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)

'U' and Department of Immigration and Citizenship [2013] AICmr 35 (28 March 2013) Printable version542.68 KB
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)

Dreamsafe Recycling Pty Ltd and Department of Education, Employment and Workplace Relations [2013] AICmr 34 (27 March 2013) Printable version528.84 KB
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)

'T' and Australian Securities and Investments Commission [2013] AICmr 33 (27 March 2013) Printable version554.61 KB
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)

Watson and the Australian Federal Police [2013] AICmr 32 (27 March 2013) Printable version544.77 KB
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)

'R' and Department of Veteran's Affairs [2013] AICmr 30 (22 March 2013) Printable version541.57 KB
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)

'Q' and Department of Health and Ageing [2013] AICmr 29 (22 March 2013) Printable version552.68 KB
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)

Australian Broadcasting Corporation and Australian Sports Commission [2013] AICmr 28 (20 March 2013) Printable version660.61 KB
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) (AustLII link)

'O' and Department of Immigration and Citizenship [2013] AICmr 27 (15 March 2013) Printable version547.71 KB
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) (AustLII link)

'N' and the Bureau of Meteorology [2013] AICmr 26 (14 March 2013) Printable version510.79 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
Heffernan and Australian Nuclear Science and Technology Organisation [2013] AICmr 25 (13 March 2013) (AustLII link)

Heffernan and Australian Nuclear Science and Technology Organisation [2013] AICmr 25 (13 March 2013) Printable version565.81 KB
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) (AustLII link)

'M' and Department of Agriculture, Fisheries and Forestry [2013] AICmr 24 (13 March 2013) Printable version576.59 KB
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) (AustLII link)

'L' and Department of Agriculture Fisheries and Forestry [2013] AICmr 23 (13 March 2013) Printable version528.3 KB
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) (AustLII link)

'K' and Australian Securities and Investments Commission [2013] AICmr 22 (13 March 2013) Printable version507.67 KB
s 47G Public interest conditional exemption — Business Access grant Affirmed
'J' and Department of Health and Ageing [2013] AICmr 21 (8 March 2013) (AustLII link)

'J' and Department of Health and Ageing [2013] AICmr 21 (8 March 2013) Printable version611.09 KB
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) (AustLII link)

ACP Magazines Limited and IP Australia [2013] AICmr 20 (7 March 2013) Printable version536.33 KB
s 45 Whether material obtained in confidence Access refusal Affirmed
Besser and Department of Infrastructure and Transport [2013] AICmr 19 (6 March 2013) (AustLII link)

Besser and Department of Infrastructure and Transport [2013] AICmr 19 (6 March 2013) Printable version553.9 KB
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) (AustLII link)

'I' and Attorney-General's Department [2013] AICmr 18 (1 March 2013) Printable version517.18 KB
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) (AustLII link)

'H' and Attorney-General's Department [2013] AICmr 17 (1 March 2013) Printable version508.64 KB
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) (AustLII link)

'G' and Department of Human Services [2013] AICmr 16 (28 February 2013) Printable version544.84 KB
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) (AustLII link)

'F' and Department of Defence [2013] AICmr 15 (28 February 2013) Printable version542.56 KB
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) (AustLII link)

'E' and Department of Health and Ageing [2013] AICmr 14 Printable version537.39 KB
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) (AustLII link)

'D' and Civil Aviation Safety Authority [2013] AICmr 13 (28 February 2013) Printable version545.17 KB
s 47 Documents disclosing commercially valuable information — Operations Manual Access refusal Affirmed
Besser and Attorney-General's Department [2013] AICmr 12 (25 February 2013) (AustLII link)

Besser and Attorney-General's Department [2013] AICmr 12 (25 February 2013) Printable version531.6 KB
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) (AustLII link)

Fletcher and Prime Minister of Australia [2013] AICmr 11 (22 February 2013) Printable version539.9 KB

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) (AustLII link)

Davies and Department of the Prime Minister and Cabinet [2013] AICmr 10 (22 February 2013) Printable version593.21 KB
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) (AustLII link)

'B' and Department of Immigration and Citizenship [2013] AICmr 9 (18 February 2013) Printable version625.53 KB
s 45 Whether material obtained in confidence Access refusal Affirmed
'C' and Department of Agriculture, Fisheries and Forestry [2013] AlCmr 8 (18 February 2013) (AustLII link)

'C' and Department of Agriculture, Fisheries and Forestry [2013] AlCmr 8 (18 February 2013) Printable version518.25 KB
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) (AustLII link)

'A' and Department of Immigration and Citizenship [2013] AICmr 7 (8 February 2013) Printable version574.26 KB
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) (AustLII link)

'Z' and Department of Defence [2013] AICmr 6 (31 January 2013) Printable version557.36 KB
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) (AustLII link)

Dorling and Department of Resources, Energy and Tourism [2013] AICmr 5 (30 January 2013) Printable version528.11 KB
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) (AustLII link)

'Y' and Airservices Australia [2013] AICmr 4 (23 January 2013) Printable version553.2 KB
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) (AustLII link)

'X' and Australian Research Council [2013] AICmr 3 (23 January 2013) Printable version539.6 KB
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) (AustLII link)

'V' and Department of Immigration and Citizenship [2013] AICmr 1 (3 January 2013) Printable version536.31 KB
ss 48, 50 Amendment of personal records — Whether a record of date of birth should be amended Access refusal Affirmed