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2014 FOI review decisions summary

Below is the table showing the decisions that have been made in 2014, with summary details for each one. The links in the first column take you to the decision on the AustLII AICmr database (and, prior to August 2014, in PDF format).

Also available are table summaries for decisions made in 2015, decisions made in 2013, decisions made in 2012 and decisions made in 2011.

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

2014 FOI review decisions
Decision Legislative provision/s Catchword summary Decision under review IC review decision
Wood and Department of the Prime Minister and Cabinet [2014] AICmr 150 (19 December 2014) (AustLII link) ss 11A(5), 22, 34, 42, 47C Whether disclosure of a document would reveal a Cabinet deliberation or decision — Whether documents subject to legal professional privilege — Whether documents contain deliberative matter prepared for a deliberative process — Whether disclosure would be contrary to the public interest Access refusal Set aside and substituted
'EG' and Department of Human Services [2014] AICmr 149 (18 December 2014) (AustLII link) ss 48, 50 Amendment of personal
records — Whether information is ‘personal information’ — Whether the information is incorrect or misleading — Whether a record should be amended
Access refusal Varied
'EF' and Attorney-General’s Department [2014] AICmr 148 (15 December 2014) (AustLII link) s 24A Whether reasonable
steps taken to locate documents
Access refusal Affirmed
Ian Turnbull and Department of Immigration and Border Protection [2014] AICmr 147 (15 December 2014) (AustLII link) s 29(5)(b) Charges — Request for
waiver of charges – Whether giving access to documents is in the general public interest or in the interest of a substantial section of the public
Access refusal Affirmed
Ray Brown and Department of Immigration and Border Protection [2014] AICmr 146 (12 December 2014) (AustLII link) ss 24, 24AA Whether work involved in processing FOI request would substantially and unreasonably divert agency resources or interfere with performance of agency’s functions Access refusal Set aside and substituted
'EE' and Department of Immigration and Border Protection [2014] AICmr 145 (11 December 2014) (AustLII link) s 42 Whether documents subject to legal professional privilege Access refusal Affirmed
Jonathan Laird and Department of Defence [2014] AICmr 144 (10 December 2014) (AustLII link) ss 11A(5), 47F, 47E Personal information — Whether a DNA sequence is personal information — Whether disclosure would have a substantial 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 contrary to public interest to release a conditionally exempt document Access refusal Varied
'ED' and Department of Veterans’ Affairs [2014] AICmr 143 (10 December 2014) (AustLII link) ss 22, 47E Whether disclosure would prejudice the effectiveness of procedures or methods for the conduct of audits — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency Access refusal Set aside and substituted
'EC' and Department of Human Services [2014] AICmr 142 (27 November 2014) (AustLII link) ss 11A, 22, 37, 47E Whether disclosure would enable a person to ascertain the existence or identity of a confidential source of information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure is contrary to the public interest Access refusal Set aside and substituted
The Age and Department of the Treasury [2014] AICmr 141 (27 November 2014) (AustLII link) ss 11A(5), 45, 47C, 47E, 47F Whether material obtained in confidence — 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 Access refusal Set aside and substituted
Greenpeace Australia Pacific and Department of Industry [2014] AICmr 140 (26 November 2014) (AustLII link) ss 22, 33(a)(iii), 33(b), 34 — — ss 11A(5), 47B, 47C, 47G Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Whether disclosure would cause damage to international relations of the Commonwealth — Whether disclosure would divulge information communicated in confidence by a foreign government — Cabinet documents — Whether document brought into existence for the dominant purpose of submission for consideration by Cabinet — Whether document brought into existence for the dominant purpose of briefing a Minister on a Cabinet document — — Commonwealth State relations — Deliberative processes — Business affairs — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
'EB' and Department of Finance [2014] AICmr 139 (10 December 2014) (AustLII link) s 47F Personal privacy — Whether document contains personal information – Whether disclosure would be unreasonable Access grant Affirmed
'EA' and Department of Finance [2014] AICmr 138 (10 December 2014) (AustLII link) s 47F Personal privacy — Whether document contains personal information – Whether disclosure would be unreasonable Access grant Affirmed
‘DZ’ and Commonwealth Ombudsman [2014] AICmr 137 (26 November 2014) (AustLII link) ss 11A, 22, 47E Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure would be contrary to the public interest Access refusal Affirmed
‘DY’ and Australian Customs and Border Protection Service [2014] AICmr 136 (25 November 2014) (AustLII link) ss 11A, 22, 37, 47E, 47F Whether documents would prejudice the effectiveness of lawful methods or procedures — 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 unreasonable Access refusal Set aside and substituted
Robert Leonard and Commonwealth Ombudsman (No 2) [2014] AICmr 135 (25 November 2014) (AustLII link) ss 11A(5), 47C Whether documents
contains deliberative matter prepared for a deliberative process — Whether disclosure would be contrary to the public interest
Access refusal Affirmed
Robert Leonard and Commonwealth Ombudsman (No 1) [2014] AICmr 134 (25 November 2014) (AustLII link) ss 11A(5), 47C Whether documents contains deliberative matter prepared for a deliberative process —Whether disclosure would be contrary to the public interest Access refusal Affirmed
Stephen Waller and Department of Environment [2014] AICmr 133 (25 November 2014) (AustLII link) s 37, 45, 47G, 47F Prejudice to lawful methods or procedures — Whether material obtained in confidence — Whether disclosure would damage business affairs — Whether disclosure of personal information unreasonable Access refusal Set aside and substituted
'DX' and National Offshore Petroleum Safety and Environmental Management Authority [2014] AICmr 132 (24 November 2014) (AustLII link) ss 11A(5), 22, 47C, 47E, 47F Whether documents
contain deliberative matter — Whether disclosure would prejudice the effectiveness of procedures or methods for the conduct of audits — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel —Whether disclosure of
personal information unreasonable
Access refusal Affirmed
Wellard Rural Exports Pty Ltd and Department of Agriculture [2014] AICmr 131 (24 November 2014) (AustLII link) ss 11A(5),
21(1)(c), 47, 47F, 47G
Scope of review of access grant decision — Whether disclosure would disclose trade secrets or commercially valuable information — Whether disclosure of personal information unreasonable — Whether disclosure would, or could reasonably be expected to, unreasonably affect a person adversely in respect of their lawful business affairs — Whether disclosure could reasonably be expected to prejudice the future supply of information to the Commonwealth — Whether premature release of documents would be contrary to the public interest Access grant Set aside and substituted
'DW' and Department of Industry [2014] AICmr 130 (24 November 2014) (AustLII link) ss 45, 47 Whether material obtained in confidence —Whether disclosure would disclose trade secrets or commercially valuable information Access refusal Set aside and substituted
'DV' and Department of Foreign Affairs and Trade [2014] AICmr 129 (24 November 2014) (AustLII link) ss 33(a)(iii), 33(b) Whether disclosure would cause damage to international relations of the Commonwealth — Whether disclosure would divulge information communicated in confidence by a foreign government Access refusal Affirmed
'DU' and Department of Human Services [2014] AICmr 128 (18 November 2014) (AustLII link) s 47E Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency Access refusal Set aside and substituted
'DT' and Department of Human Services [2014] AICmr 127 (18 November 2014) (AustLII link) s 42 Whether documents subject to legal professional privilege Access refusal Set aside and substituted
'DQ' and Department of the Prime Minister and Cabinet [2014] AICmr 126 (13 November 2014) (AustLII link) ss 11A(5), 47, 47F,
47G
Whether disclosure would disclose commercially valuable information — Whether disclosure of personal information would be unreasonable — Whether disclosure would unreasonably affect business affairs — Whether contrary to the public interest to release conditionally exempt documents Access refusal Set aside and substituted
'DP' and Department of Immigration and Border Protection [2014] AICmr 125 (13 November 2014) (AustLII link) ss 37, 47F Whether disclosure would prejudice lawful enforcement methods or procedures — Whether documents contain personal information — Whether disclosure of personal information unreasonable Access refusal Set aside and substituted
'DN' and Department of Agriculture [2014] AICmr 123 (11 November 2014) (AustLII link) s 47 Whether disclosure would disclose commercially valuable information Access grant Set aside and substituted
Farrell and Department of Immigration and Border Protection (No. 3) [2014] AICmr 122 (11 November 2014) (AustLII link) s 47G Whether disclosure would unreasonably affect person in respect of lawful business or professional affairs Access refusal Set aside and substituted
Farrell and Department of Immigration and Border Protection (No. 2) [2014] AICmr 121 (10 November 2014) (AustLII link) 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 Affirmed
'DM' and Australian Federal Police [2014] AICmr 120 (7 November 2014) (AustLII link) ss 11A(5), 22,
47C
Whether documents contain deliberative matter — Whether disclosure would be contrary to the public interest Access refusal Set aside and substituted
'DL' and Department of Immigration and Border Protection [2014] AICmr
119 (5 November 2014) (AustLII link)
s 29(5) Charges — Whether agency should exercise discretion to reduce or not impose charge Access refusal Set aside and substituted
Amit Wagh and Commonwealth Ombudsman [2014] AICmr 117 (29 October 2014) (AustLII link) s24A Refusal of access to documents — Documents cannot be found — Whether reasonable steps taken to find documents Access refusal Affirmed
'DI' and Department of Agriculture [2014] AICmr 116 (28 October 2014) (AustLII link)

ss 47, 47F, 47G

Scope of review of access grant decision — Whether disclosure would disclose trade secrets or commercially valuable information —Whether disclosure of personal information unreasonable — Whether disclosure would, or could reasonably be expected to, unreasonably affect a person adversely in respect of their lawful business affairs — Whether disclosure could reasonably be expected to prejudice the future supply of information to the Commonwealth Access grant Affirmed
'DH' and Department of Employment [2014] AICmr 115 (24 October 2014) (AustLII link) ss 24, 24AA, 24AB Request for access to documents — Whether dealing with request would be a substantial and unreasonable diversion of resources Access refusal Affirmed
'DG' and Department of Immigration and Border Protection [2014] AICmr 114 (23 October 2014) (AustLII link) 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 agency’s functions Access refusal Affirmed
'DF' and Australian Federal Police [2014] AICmr 113 (21 October 2014) (AustLII link) ss 4(1), 11A(5), 11B, 47F Public interest conditional exemption – Personal privacy — Whether documents contain personal information – Whether disclosure would be unreasonable Access grant Affirmed
'DE' and Department of the Prime Minister and
Cabinet [2014] AICmr 112 (16 October 2014) (AustLII link)
s 24A Whether reasonable steps taken to locate documents Access refusal Affirmed
'DD' and Department of Human Services [2014] AICmr 111 (13 October 2014) (AustLII link) s 47F Whether disclosure of personal information unreasonable Access refusal Affirmed
Oliver Banovec and Australian Federal Police [2014] AICmr 110 (10 October 2014) (AustLII link) ss 11A(5), 22, 37,
47F
Documents affecting enforcement of law and protection of public safety — Prejudice to lawful
methods or procedures — Whether documents contain personal information — Whether
disclosure of personal information unreasonable — Whether contrary to public interest to release conditionally exempt documents
Access refusal Set aside and substituted
Australian Associated Press Pty Ltd and Department of Human Services [2014] AICmr 109 (3 October 2014) (AustLII link) ss 11A(5), 22, 47E(d),
47F
Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency —Whether disclosure would unreasonably disclose personal information — Whether contrary to public interest to release
conditionally exempt documents
Access refusal Set aside and substituted
Veronica Bijl and Civil Aviation Safety Authority [2014] AICmr 108 (3 October 2014) (AustLII link) ss 11A(5), 22, 47, 47E, 47F, 47G 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 would be unreasonable — Business documents — Whether disclosure would unreasonably and adversely affect an organisation’s business affairs — Whether disclosure would damage business affairs – Whether disclosure would be contrary to the public interest
Access refusal Set aside and substituted
Ron Williams and Department of Education [2014] AICmr 107 (3 October 2014) (AustLII link) s 42 Whether documents
subject to legal professional privilege
Access refusal Set aside and substituted
'DC' and Department of Human Services [2014] AICmr 106 (1 October 2014) (AustLII link) 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 Affirmed
'DB' and Australian Federal Police [2014] AICmr 105 (30 September 2014) (AustLII link) ss 11A(5), 22, 42, 47D, 47E(d), 47F Whether documents subject to legal professional privilege — Whether documents contain deliberative matter —Whether disclosure would have a substantial adverse effect on the financial or property interests of the Commonwealth — 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 documents conditionally exempt from release — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
'DA' and Australian Securities and Investments Commission [2014] AICmr 104 (30 September 2014) (AustLII link) s 47E Certain operations of agencies — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency Access refusal Varied
'CZ' and Department of Health [2014] AICmr 103 (30 September 2014) (AustLII link) ss 17, 24A, s 38, National Health Act 1953 s 135A(1) Whether the request involves the use of a computer ordinarily available — Whether reasonable steps taken to locate document — Documents to which secrecy provisions of enactments apply Access refusal Varied
'CX' and Department of Human Services [2014] AICmr 102 (26 September 2014) (AustLII link) ss 11A(5), 37, 47F Whether disclosure would prejudice law enforcement methods and procedures — Whether disclosure would unreasonably disclose personal information — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
Australian Associated Press Pty Ltd and Department of Immigration and Border Protection [2014] AICmr 100 (26 September 2014) (AustLII link)

s 29(5)(b)

Imposition of charges — Request for waiver of charges - Whether giving of access to documents is in the general public interest or in the interest of a substantial section of the public Access refusal Set aside and substituted
'CY' and Department of Immigration and Border Protection [2014] AICmr 101 (22 September 2014) (AustLII link) ss 48, 50, 55D Amendment of personal records — Whether the information about the applicant’s date of birth is incorrect — Whether it should be amended Access refusal Affirmed
'CW' and Department of Finance [2014] AICmr 99 (19 September 2014) (AustLII link) ss 29(5)(a), 29(5)(b) Charges — Whether assessment of the amount of charge has been wrongly assessed — Whether agency should exercise discretion to reduce or not impose charge Access refusal Set aside and substituted
'CV' and National Gallery of Australia [2014] AICmr 98 (18 September 2014) (AustLII link) ss 11A(5), 47F, 47G Whether disclosure would unreasonably disclose personal information — 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
Nigel Rooney and Australian Competition and Consumer Commission [2014] AICmr 97 (17 September 2014) (AustLII link) ss 47E, 47F, 47G 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 damage business affairs Access refusal Varied
'CU' and Department of Immigration and Border Protection [2014] AICmr 95 (17 September 2014) (AustLII link) ss 48, 50, 55D Amendment of personal records — Whether the information about the applicant’s date of birth is incorrect — Whether it should be amended Access refusal Set aside and substituted
Greenlife Oil Pty Ltd and Australian Trade Commission [2014] AICmr 96 (16 September 2014) (AustLII link) ss 11A, 47C, 47E Whether document contains deliberative matter prepared for a deliberative process — Whether disclosure could reasonably be expected to have a substantial adverse effect on the operations of an agency — Whether contrary to public interest to release conditionally exempt document Access refusal Set aside and substituted
'CT' and Department of Immigration and Border Protection [2014] AICmr 94 (15 September 2014) (AustLII link) ss 48, 50, 55D Amendment of personal records — Whether the information about the applicant’s date of birth is incorrect — Whether it should be amended Access refusal Set aside and substituted
'CS' and Department of Immigration and Border Protection [2014] AICmr 93 (5 September 2014) (AustLII link) ss 24, 24AA, 24AB Whether processing request would involve a substantial and unreasonable diversion of resources — Whether a request consultation process has been undertaken Access refusal Affirmed
'CR' and Department of Immigration and Border Protection [2014] AICmr 92 (5 September 2014) (AustLII link) ss 48, 50, 55D Amendment of personal records — Whether the information about the applicant’s name is incorrect or incomplete — Whether it should be amended Access refusal Affirmed
'CQ' and Department of Immigration and Border Protection [2014] AICmr 91 (4 September 2014) (AustLII link) s 47E Certain operations of agencies — Whether disclosure would adversely affect operations of an agency — Whether disclosure would be contrary to the public interest. Access refusal Varied
'CO' and Australian Taxation Office [2014] AICmr 90 (4 September 2014) (AustLII link) ss 22, 47F, 47G Whether telephone recording contains information that would reasonably be regarded as irrelevant to the request — Whether telephone recording contains personal information — Whether disclosure of personal information would be
unreasonable — Whether disclosure would unreasonably affect person in respect of lawful business or professional affairs.
Access grant Affirmed
The Age and Airservices Australia [2014] AICmr 89 (3 September 2014) (AustLII link) ss 27, 47, 47F, 47G Scope of review of access grant decision – Whether disclosure would disclose trade secrets or commercially valuable information – Whether disclosure would unreasonably affect organisation's business affairs Access refusal Set aside and substituted
'CN' and Australian Customs and Border Protection Service [2014] AICmr 87 (1 September 2014) (AustLII link) s 29 , reg 5(1) Charges – Whether material contains personal information – Whether charge should be imposed Access refusal Set aside and substituted
'CL' and Department of Immigration and Border Protection [2014] AICmr 85 (29 August 2014) (AustLII link) ss 48, 50, 55D Amendment of personal records — Whether the information about the applicant’s date of birth is incorrect — Whether the information about the applicant’s name is incomplete — Whether it should be amended Access refusal Affirmed
Prinn and Department of Defence [2014] AICmr 84 (29 August 2014) (AustLII link) s 33 Documents affecting national security— Whether disclosure of national security vetting processing file to vettee would, or could reasonably be expected to, cause damage to the security of the Commonwealth Access refusal Affirmed
'CK' and Department of Human Services [2014] AICmr 83 (28 August 2014) (AustLII link) ss 29(5)(a), 29(5)(b) Charges — Whether assessment of the amount of charge has been wrongly assessed — Whether agency should exercise discretion to reduce or not impose charge Access refusal Set aside and substituted
'CJ' and Australian Electoral Commission [2014] AICmr 82 (29 August 2014) (AustLII link) s 47F Whether disclosure of personal information is unreasonable Access grant Set aside and substituted
Jeffrey Knapp and Australian Accounting Standards Board [2014] AICmr 81 (12 August 2014) (AustLII link) ss 45, 47E Whether disclosure would found an action for breach of confidence
— Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency
Access refusal Set aside and substituted
Australian Broadcasting Corporation and Australian Transaction Reports and Analysis Centre [2014] AICmr 80 (15 August 2014) (AustLII link) ss 11A(5), 22, 37, 47(1), 47E, 47G Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Whether disclosure would prejudice lawful methods or procedures — Whether disclosure would disclose commercially valuable information — Whether disclosure would prejudice the effectiveness of procedures or methods for the conduct of audits — 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 organisation’s business affairs — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
‘CI’ and Department of Immigration and Border Protection [2014] AICmr 79 (12 August 2014) (AustLII link) ss 48, 50, 55D Amendment of personal records — Whether the information about the applicant’s date of birth is incorrect — Whether it should be amended Access refusal Set aside and substituted
‘CH’ and Department of Human Services [2014] AICmr 78 (4 August 2014) (AustLII link) s 24A Whether reasonable steps have been taken to locate documents Access refusal Affirmed
‘AB’ Ltd and Australian Securities and Investments Commission [2014] AICmr 77 (4 August 2014) (AustLII link) ss 47(1)(b), 47G(1)(a) Freedom of Information — Documents disclosing commercially valuable information – Whether disclosure would destroy or diminish that value –Business documents — Whether disclosure would unreasonably and adversely affect an organisation’s business affairs Access grant Affirmed
‘CG’ and Australian Prudential Regulation Authority [2014] AICmr 76 (31 July 2014) (AustLII link) ss 24, 24AA, 24AB Freedom of Information — Whether processing request would involve a substantial and unreasonable diversion of resources — Whether a request consultation process has been undertaken Access refusal Affirmed
Roman and Australian Federal Police [2014] AICmr 75 (22 July 2014) (AustLII link) s 24A Freedom of Information — Whether reasonable steps have been taken to locate documents Access refusal Affirmed
Farrell and Department of Immigration and Border Protection [2014] AICmr 74 (31 July 2014) (AustLII link) ss 24(2), 24AB(7) Freedom of information — Whether an agency can treat two or more requests as a single request — Whether a request can be taken to have been withdrawn Access refusal Set aside and substituted
‘CF’ and Department of Finance [2014] AICmr 73 (28 July 2014) (AustLII link)

‘CF’ and Department of Finance [2014] AICmr 73 (28 July 2014) PDFPrintable version 538.99 KB
ss 29(5)(a), 29(5)(b) Charges — Whether assessment of the amount of charge has been wrongly assessed — Whether agency should exercise discretion to reduce or not impose charge Access refusal Set aside and substituted
Crowe and Department of Prime Minister and Cabinet [2014] AICmr 72 (30 July 2014) (AustLII link)

Crowe and Department of Prime Minister and Cabinet [2014] AICmr 72 (30 July 2014) PDFPrintable version 595.62 KB
ss 11A, 47B, 47C Incoming government brief prepared for party that formed government — Whether document contains deliberative matter prepared for a deliberative process — Whether disclosure could reasonably be expected to damage Commonwealth-State relations – Whether contrary to public interest to release conditionally exempt document Access refusal Set aside and substituted
Parnell & Dreyfus and Attorney-General’s Department [2014] AICmr 71 (30 July 2014) (AustLII link)

Parnell and Dreyfus and Attorney-General’s Department [2014] AICmr 71 (30 July 2014) PDFPrintable version 416.28 KB
ss 11A, 22, 42, 47C, 47E Incoming government brief prepared for party that formed government — Whether document contains deliberative matter prepared for a deliberative process — Whether disclosure could reasonably be expected to have a substantial adverse effect on the operations of an agency— Whether document subject to legal professional privilege —Whether contrary to public interest to release conditionally exempt document Access refusal Varied
Fingal Head Community Association Inc and Department of Infrastructure and Regional Development [2014] AICmr 70 (16 July 2014) (AustLII link)

Fingal Head Community Association Inc and Department of Infrastructure and Regional Development [2014] AICmr 70 (16 July 2014) PDFPrintable version 542.69 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
‘CE’ and Department of the Environment [2014] AICmr 69 (11 July 2014) (AustLII link)

‘CE’ and Department of the Environment [2014] AICmr 69 (11 July 2014) PDFPrintable version 561.5 KB
ss 47(1), 47G(1)(a) Whether disclosure would reveal trade secrets and commercially valuable information – Whether disclosure would damage business, commercial or financial affairs — Whether material is irrelevant to the request Access refusal Set aside and substituted
Mentink and Australian Federal Police [2014] AICmr 67 (30 June 2014) (AustLII link)

Mentink and Australian Federal Police [2014] AICmr 67 (30 June 2014) PDFPrintable version 540.63 KB
ss 11A(5), 24A, 47C, 47E(d), 47F Whether reasonable steps taken to find documents — Whether document contains 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 contrary to public interest to release conditionally exempt document Access refusal Affirmed
Sanderson and Department of Infrastructure and Regional Development [2014] AICmr 66 (30 June 2014) (AustLII link)

Sanderson and Department of Infrastructure and Regional Development [2014] AICmr 66 (30 June 2014) PDFPrintable version 534.91 KB
ss 11A(5), 22, 34, 47C Cabinet documents — Whether document brought into existence for the dominant purpose of submission for consideration by Cabinet — Whether document submitted to Cabinet for its consideration — Whether document discloses deliberative matter — Whether contrary to public interest to release conditionally exempt document Access refusal Set aside and substituted
'CC' and Australian Federal Police [2014] AICmr 65 (25 June 2014) (AustLII link)

'CC' and Australian Federal Police [2014] AICmr 65 (25 June 2014) PDFPrintable version 643.38 KB
ss 22, 42, 47(1)(b), 47F Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Whether documents subject to legal professional privilege —Whether documents contain commercially valuable information — 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
Mentink and Australian Federal Police [2014] AICmr 64 (25 June 2014) (AustLII link)

Mentink and Australian Federal Police [2014] AICmr 64 (25 June 2014) PDFPrintable version 666.95 KB
ss 11A(5), 12(1)(b), 22, 24A, 33, 37, 47C Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Whether reasonable steps taken to find documents — Whether disclosure would cause damage to international relations of the Commonwealth — whether disclosure would divulge information communicated in confidence by a foreign government — Whether disclosure would disclose law enforcement methods or procedures — Whether documents open to public access as part of a public register — Whether document contains deliberative matter — Whether contrary to public interest to release conditionally exempt document Access refusal Set aside and substituted
'CB' and Australian Pesticides and Veterinary Medicines Authority [2014] AICmr 63 (24 June 2014) (AustLII link)

'CB' and Australian Pesticides and Veterinary Medicines Authority [2014] AICmr 63 (24 June 2014) PDFPrintable version 579.93 KB
ss 11A(5), 47, 47G Whether documents contain commercially valuable information — Whether disclosure would unreasonably affect organisation’s business affairs — Whether contrary to public interest to release conditionally exempt documents Access grant Affirmed
'CA' and Australian Customs and Border Protection Service [2014] AICmr 62 (18 June 2014) (AustLII link)

'CA' and Australian Customs and Border Protection Service [2014] AICmr 62 (18 June 2014) PDFPrintable version 547.48 KB
ss 7(2A), 11A(5), 22, 33, 37, 47E Whether agency exempt from operation of FOI Act in relation to document— Documents affecting national security, defence or international relations —Disclosure of confidential source of information — Prejudice to lawful methods or procedures — Deliberative processes — Certain operations of agencies Access refusal Set aside and substituted
Clifford Chance and Department of Industry [2014] AICmr 61 (16 June 2014) (AustLII link)

Clifford Chance and Department of Industry [2014] AICmr 61 (16 June 2014) PDFPrintable version 546.78 KB
ss 45, 47F, 47G Whether disclosure would found an action for breach of confidence — Whether disclosure would unreasonably disclose personal information – Whether disclosure would damage business affairs Access refusal Affirmed
Spence and Australian Federal Police [2014] AICmr 60 (16 June 2014) (AustLII link)

Spence and Australian Federal Police [2014] AICmr 60 (16 June 2014) PDFPrintable version 518.89 KB
ss 22, 47F Personal information — Whether disclosure would be unreasonable— Whether disclosure contrary to the public interest – Irrelevant material – Whether material is irrelevant to the request Access refusal Varied
Tager and Department of the Environment [2014] AICmr 59 (13 June 2014) (AustLII link)

Tager and Department of the Environment [2014] AICmr 59 (13 June 2014) PDFPrintable version 573.02 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
Knapp and Australian Securities and Investments Commission [2014] AICmr 58 (10 June 2014) (AustLII link)

Knapp and Australian Securities and Investments Commission [2014] AICmr 58 (10 June 2014) PDFPrintable version 567.44 KB
ss 29(5)(a), 29(5)(b) Charges — Whether assessment of the amount of charge has been wrongly assessed — Whether agency should exercise discretion to reduce or not impose charge Access refusal Set aside and substituted
American Express Australia Limited and Australian Securities and Investments Commission [2014] AICmr 57 (10 June 2014) (AustLII link)

American Express Australia Limited and Australian Securities and Investments Commission [2014] AICmr 57 (10 June 2014) PDFPrintable version 534.67 KB
ss 47, 47E, 47G, 55K(2) Whether documents contain commercially valuable
information — Whether disclosure would unreasonably affect business affairs — 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 documents
Access grant Set aside and substituted
Brighton-Stangstins and Australian Securities and Investments Commission [2014] AICmr 56 (10 June 2014)
(AustLII link)


Brighton-Stangstins and Australian Securities and Investments Commission [2014] AICmr 56 (10 June 2014) PDFPrintable version 545.71 KB
ss 22, 45, 47E, 47G Whether giving access would disclose information
that would reasonably be regarded as irrelevant to the request — Whether material obtained in confidence — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure would unreasonably ffect organisation’s business affairs — Whether contrary to public interest to release conditionally exempt documents
Access refusal Set aside and substituted
‘BZ’ and Department of Immigration and Border Protection [2014] AICmr 55 (10 June 2014) (AustLII link)

‘BZ’ and Department of Immigration and Border Protection [2014] AICmr 55 (10 June 2014) PDFPrintable version 502.44 KB
ss 20, 22, 47F Access to edited copy of document — Whether reasonably practicable to prepare edited copy of video Access refusal Set aside and substituted
Mills and Department of Immigration and Border Protection [2014] AICmr 54
(10 June 2014) (AustLII link)


Mills and Department of Immigration and Border Protection [2014] AICmr 54
(10 June 2014) PDFPrintable version 428.51 KB
ss 4(1), 15 Validity of FOI request —
Whether a request for documents that contain specified information is a request for documents — Whether material published on website is material maintained for reference purposes that is otherwise publicly available
Access refusal Set aside and substituted
Barnes and Civil Aviation Safety Authority [2014] AICmr 53 (3 June 2014) (AustLII link)

Barnes and Civil Aviation Safety Authority [2014] AICmr 53 (3 June 2014) PDFPrintable version 564.82 KB
ss 11A(3), 24, 24AA, 24AB, 24A Request for access to financial and medical documents — Whether dealing with request would be a substantial and unreasonable
diversion of resources — Effect of giving access to documents outside the FOI Act —Whether reasonable steps taken to find Form 162 documents
Access refusal Set aside and substituted
The Sun-Herald Newspaper and
Australian Federal Police [2014] AICmr 52 (3 June 2014) (AustLII link)


The Sun-Herald Newspaper and Australian Federal Police [2014] AICmr 52 (3 June 2014) PDFPrintable version 518.22 KB
ss 25, 33, 37 Information as to the existence of certain documents — Documents affecting international relations —
Documents affecting enforcement of law
Access refusal Affirmed
‘BY’ and High Court of Australia [2014] AICmr 51 (3 June 2014) (AustLII link)

‘BY’ and High Court of Australia [2014] AICmr 51 (3 June 2014) PDFPrintable version 518.16 KB
s 5(1) FOI request made to High Court of Australia — Whether documents relate to matters of an administrative nature  Access refusal Affirmed
Byrne and Private Health Insurance Ombudsman [2014] AICmr 50 (2 June 2014) (AustLII link)

Byrne and Private HealthInsurance Ombudsman [2014] AICmr 50 (2 June 2014) PDFPrintable version 530.15 KB
(CTH)Freedom
of Information Act 1982 s 38

(CTH) Private Health Insurance Act 2007 s 323-1
Documents to which secrecy provisions of enactments apply Access refusal Affirmed
Australian Pain Management Association and Department of Health [2014] AICmr 49 (29 May 2014) (AustLII link)

Australian Pain Management Association and Department of Health [2014] AICmr 49 (29 May 2014) PDFPrintable version 541.49 KB
ss 29(5)(a), 29(5)(b) Charges — Whether agency should exercise discretion to reduce or not impose charge Access refusal Set aside and substituted
Krivoshev and Department of Human Services [2014] AICmr 48 (29 May 2014) (AustLII link)

Krivoshev and Department of Human Services [2014] AICmr 48 (29 May 2014) PDFPrintable version 523.67 KB
ss 11A(5), 22, 42, 47E Legal professional privilege — Whether documents subject to legal professional privilege— Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency Access refusal Set aside and substituted
‘BX’ and Commonwealth Ombudsman [2014] AICmr 47 (28 May 2014) (AustLII link)

‘BX’ and Commonwealth Ombudsman [2014] AICmr 47 (28 May 2014) PDFPrintable version 603.31 KB
ss 24A(1), 42, 45 (CTH) Freedom of Information Act 1982

ss 8, 35 (CTH) Ombudsman Act 1976

 

 Legal professional privilege — Whether documents subject to legal professional privilege — Whether privilege in the documents waived — Implied waiver — Request for access to documents relating to an investigation by the Commonwealth Ombudsman — Whether material obtained in confidence — Whether documents exempt from release — Whether reasonable steps taken to find document Access refusal Affirmed
‘BW’ and Commonwealth Ombudsman [2014] AICmr 46 (28 May 2014) (AustLII link)

‘BW’ and Commonwealth Ombudsman [2014] AICmr 46 (28 May 2014) PDFPrintable version 586.6 KB
ss 42, 45 (CTH) Freedom of Information Act 1982

ss 8, 35 (CTH) Ombudsman Act 1976
Legal professional privilege — Whether documents subject to legal professional privilege — Whether privilege in the documents waived — Implied waiver — Request for access to documents relating to an investigation by the Commonwealth Ombudsman — Whether material obtained in confidence — Whether documents exempt from release Access refusal Affirmed
‘BV’ and Superannuation Complaints Tribunal [2014] AICmr 45 (27 May 2014) (AustLII link)

‘BV’ and Superannuation Complaints Tribunal [2014] AICmr 45 (27 May 2014) PDFPrintable version 549.77 KB
s 47F Personal information — Whether documents contain personal information — Whether disclosure would be contrary to the public interest Access refusal Affirmed
Post Newspapers Pty Ltd and Australian Broadcasting Corporation [2014] AICmr 44 (26 May 2014) (AustLII link)

Post Newspapers Pty Ltd and Australian Broadcasting Corporation [2014] AICmr 44 (26 May 2014) PDFPrintable version 764.75 KB
s 47F Personal information — Whether disclosure of personal information is unreasonable — Whether disclosure contrary to public interest Access refusal Affirmed
Nine Network Australia Pty Ltd and Fair Work Commission [2014] AICmr 43 (26 May 2014) (AustLII link)

Nine Network Australia Pty Ltd and Fair Work Commission [2014] AICmr 43 (26 May 2014) PDFPrintable version 637.82 KB
s 47F Personal information — Whether unreasonable to disclose personal information — Discloure of CCTV video Access refusal Set aside and substituted
‘BU’ and Department of Immigration and Border Protection [2014] AICmr 42 (26 May 2014) (AustLII link)

‘BU’ and Department of Immigration and Border Protection [2014] AICmr 42 (26 May 2014) PDFPrintable version 504.87 KB
s 29(5)(b) Charges — Whether agency should exercise discretion to reduce or not impose charge Access refusal Affirmed
‘BT’ and Department of Social Services [2014] AICmr 41 (26 May 2014) (AustLII link)

‘BT’ and Department of Social Services [2014] AICmr 41 (26 May 2014) PDFPrintable version 518.28 KB
s 24A(1) Refusal of access to documents — Whether reasonable steps taken to find documents Access refusal Affirmed
‘BS’ and Department of Finance [2014] AICmr 40 (26 May 2014) (AustLII link)

‘BS’ and Department of Finance [2014] AICmr 40 (26 May 2014) PDFPrintable version 503.18 KB)
s 47F Personal information — Whether unreasonable to disclose personal information of successful applicants in recruitment process Access refusal Set aside and substituted
‘BR’ and Department of Finance [2014] AICmr 39 (26 May 2014) (AustLII link)

‘BR’ and Department of Finance [2014] AICmr 39 (26 May 2014) PDFPrintable version 533.88 KB
s 47F Personal information — Whether unreasonable to disclose personal information of successful applicants in recruitment process Access grant Set aside and substituted
Mentink and Department of Foreign Affairs and Trade [2014] AICmr 38 (20 May 2014) (AustLII link)

Mentink and Department of Foreign Affairs and Trade [2014] AICmr 38 (20 May 2014) PDFPrintable version 523.74 KB
ss 11A(5), 33(a)(iii), 47C Documents affecting international relations — Whether disclosure of document would, or could reasonably be expected to, cause damage to the international relations of the Commonwealth — Whether document contains deliberative matter — Whether contrary to public interest to release conditionally exempt document Access refusal Varied

'BQ' and Australian Prudential Regulation Authority [2014] AICmr 37 (6 May 2014) (AustLII link)

'BQ' and Australian Prudential Regulation Authority [2014] AICmr 37 (6 May 2014) PDFPrintable version 545.18 KB

ss 24, 24AA, 24AB Request for access to documents — Whether dealing with request would be a substantial and unreasonable diversion of resources  Access refusal Affirmed
‘BP’ and Australian Customs and Border Protection Service [2014] AICmr 36 (22 April 2014) (AustLII link)

‘BP’ and Australian Customs and Border Protection Service [2014] AICmr 36 (22 April 2014) PDFPrintable version 532.26 KB
ss 11A(5), 47E, 47F Personal information — Whether disclosure of personal information unreasonable — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an
agency — Whether disclosure would have adverse effect on management or assessment of personnel — Whether disclosure would be contrary to the public interest
Access refusal Affirmed
Maritime Union of Australia and Department of Infrastructure and Regional Development [2014] AICmr 35 (17 April 2014) (AustLII link)

Maritime Union of Australia and Department of Infrastructure and Regional Development [2014] AICmr 35 (17 April 2014) PDFPrintable version 579.87 KB
ss 22, 45, 47, 47F, 47G Whether disclosure would disclose commercially valuable information — Whether documents contain material obtained in confidence — Whether disclosure would unreasonably affect business affairs — Whether documents contain personal information Access refusal Set aside and substituted
McLeod and Social Security Appeals Tribunal [2014] AICmr 34 (14 April 2014) (AustLII link)

McLeod and Social Security Appeals Tribunal [2014] AICmr 34 (14 April 2014) PDFPrintable version 527.86 KB
ss 4(1), 24A(1) Whether reasonable steps taken to find a document — Application of FOI Act to administrative tribunals Access refusal Affirmed
Bartlett and Department of Human Services [2014] AICmr 33 (11 April 2014)
(AustLII link)


Bartlett and Department of Human Services [2014] AICmr 33 (11 April 2014) PDFPrintable version 514.74 KB
s 24A(1) Whether reasonable steps taken to find a document Access refusal Affirmed
‘BN’ and Australian Federal Police [2014] AICmr 31 (4 April 2014) (AustLII link)

‘BN’ and Australian Federal Police [2014] AICmr 31 (4 April 2014) PDFPrintable version 533.38 KB
ss 33, 47F Whether disclosure would cause damage to international relations —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 substituted
‘BM’ and Commonwealth Scientific and Industrial Research Organisation [2014] AICmr 30 (1 April 2014) (AustLII link)

‘BM’ and Commonwealth Scientific and Industrial Research Organisation [2014] AICmr 30 (1 April 2014) PDFPrintable version 536.39 KB
ss 24A, 47E, 47F, 47G Whether reasonable steps taken to find documents — Personal information — Whether disclosure of personal information would be unreasonable Access refusal Varied
‘BL’ and Department of Immigration and Border Protection [2014] AICmr 29 (21 March 2014) (AustLII link)

‘BL’ and Department of Immigration and Border Protection [2014] AICmr 29 (21 March 2014)Printable version 557.51 KB
ss 11A(5), 47F  Personal information — Whether disclosure of personal information unreasonable — Whether disclosure contrary to public interest Access refusal Set aside and substituted
Philip Morris Ltd and IP Australia [2014] AICmr 28 (18 March 2014) (AustLII link)

Philip Morris Ltd and IP Australia [2014] AICmr 28 (18 March 2014) PDFPrintable version 545.76 KB
ss 11A(5), 22, 34, 47C  Cabinet documents — Whether document brought into existence for the dominant purpose of briefing a minister on a Cabinet submission — Whether documents are drafts of a ministerial Cabinet briefing — Whether documents contain extracts from a Cabinet submission — Whether disclosure of a document would reveal a Cabinet deliberation or decision — Whether document discloses deliberative matter — Whether contrary to public interest to release conditionally exempt document Access refusal Set aside and substituted
Philip Morris Ltd and Department of Finance [2014] AICmr 27 (14 March 2014) (AustLII link)

Philip Morris Ltd and Department of Finance [2014] AICmr 27 (14 March 2014) PDFPrintable version 579.06 KB
ss 11A(5), 22, 34, 47C  Cabinet documents — Whether documents are drafts of documents brought into existence for the dominant purpose of submission to Cabinet — Whether documents contain extracts from documents brought into existence for the dominant purpose of submission to Cabinet — Whether disclosure of documents would reveal Cabinet deliberation — Whether Cabinet deliberation has been officially
disclosed — Whether documents disclose deliberative matter — Whether contrary to public interest to release conditionally exempt document — Whether agency required to give access to an edited copy of an exempt document
Access refusal Set aside and substituted
Leda Manorstead Pty Ltd and Department of the Environment [2014] AICmr 26 (4 March 2014) (AustLII link)

Leda Manorstead Pty Ltd and Department of the Environment [2014] AICmr 26 (4 March 2014) PDFPrintable version 620.5 KB
ss 11A(5), 11B, 47F, 47G

 

Whether documents contain personal information — Whether disclosure of personal information would be unreasonable — Whether disclosure would unreasonably affect person in respect of lawful business or professional affairs —Whether contrary to public interest to release conditionally exempt documents

 

 

Access Refusal Set aside and substituted
Rimes and Airservices Australia [2014] AICmr 25 (4 March 2014) (AustLII link)

Rimes and Airservices Australia [2014] AICmr 25 (4 March 2014) PDFPrintable version 508.38 KB
s 24A(1)

 

Refusal of access to documents — Whether reasonable steps taken to find documents

 

 

Access refusal Affirmed
'BK' and Australian Taxation Office [2014] AICmr 23 (28 February 2014) (AustLII link)

'BK' and Australian Taxation Office [2014] AICmr 23 (28 February 2014) PDFPrintable version 517.87 KB
s 24A(1)

 

Refusal of access to documents — Whether reasonable steps taken to find documents

 

 

 

Access refusal Affirmed
'BJ' and Australian Taxation Office [2014] AICmr 22 (26 February 2014) (AustLII link)

'BJ' and Australian Taxation Office [2014] AICmr 22 (26 February 2014) PDFPrintable version 527.45 KB
ss 11A(5), 47C, 47E Whether document contains deliberative matter — 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
Stanistreet and Therapeutic Goods Administration [2014] AICmr 21 (26 February 2014) (AustLII link)

Stanistreet and Therapeutic Goods Administration [2014] AICmr 21 (26 February 2014) PDFPrintable version 537.52 KB
s 47(1)(a) Documents disclosing trade secrets Access refusal Affirmed
'BI' and Professional Services Review [2014] AICmr 20 (26 February 2014) (AustLII link)

'BI' and Professional Services Review [2014] AICmr 20 (26 February 2014) PDFPrintable version 570.01 KB
ss 47F, 47E Whether unreasonable to disclose personal information of applicants in recruitment process — Whether disclosure would have adverse effect on management or assessment of personnel Access refusal Set aside and substituted
Australian Gulf War Veterans Association and Repatriation Medical Authority [2014] AICmr 19 (20 February 2014) (AustLII link)

Australian Gulf War Veterans Association and Repatriation Medical Authority [2014] AICmr 19 (20 February 2014) PDFPrintable version 523.58 KB
s 42 Legal professional privilege — Whether documents subject to legal professional privilege Access refusal Affirmed
Thomas and Prime Minister [2014] AICmr 18 (20 February 2014) (AustLII link)

Thomas and Prime Minister [2014] AICmr 18 (20 February 2014) PDFPrintable version 491.84 KB
ss 4(1), 11A(3), 55K(2) 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
‘BH’ and Australian Taxation Office [2014] AICmr 17 (18 February 2014) (AustLII link)

‘BH’ and Australian Taxation Office [2014] AICmr 17 (18 February 2014) PDFPrintable version 564.03 KB
ss 24A, 47E, 47F Whether reasonable steps taken to find documents — Personal information —Whether unreasonable to disclose personal information of applicants in recruitment process — Certain operations of agencies —Whether disclosure would have a substantial adverse effect on the ATO’s operations — Whether disclosure would be contrary to the public interest Access refusal Set aside and substituted
‘BE’ and Ors and Australian Taxation Office [2014] AICmr 16 (12 February 2014) (AustLII link)

‘BE’ and Ors and Australian Taxation Office [2014] AICmr 16 (12 February 2014) PDFPrintable version 521.59 KB
 s 47F Personal information — Whether unreasonable to disclose personal information of successful applicants in recruitment process Access grant Set aside and substituted
Knapp and Australian Accounting Standards Board [2014] AICmr 15 (12 February 2014) (AustLII link)

Knapp and Australian Accounting Standards Board [2014] AICmr 15 (12 February 2014) PDFPrintable version 505.6 KB
s 12(1)(c)  Whether documents available for purchase by the public in accordance with arrangements made by an agency Access refusal Set aside and substituted
Fist and Australian Broadcasting Corporation [2014] AICmr 14
(10 February 2014) (AustLII link)


Fist and Australian Broadcasting Corporation [2014] AICmr 14 
(10 February 2014) PDFPrintable version 589.94 KB
ss 7(2), 24A(1), 24AB  Refusal of access to documents — Whether documents are in relation to the ABC’s program material — Whether reasonable steps taken to find documents — Effect of agency seeking clarification of request outside request consultation process Access refusal Affirmed
'BD' and Australian Federal Police [2014] AICmr 13
(11 February 2014) (AustLII link)


'BD' and Australian Federal Police [2014] AICmr 13 (11 February 2014) PDFPrintable version 588.41 KB)
 ss 22, 37, 42, 47C, 47F Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — prejudice to lawful methods or procedures — Whether documents subject to legal professional privilege — Whether documents contain deliberative matter —Whether documents contain personal information — Whether disclosure would be contrary to the public interest Access refusal Set aside and substituted
'BC' and Australian Taxation Office [2014] AICmr 12 (7 February 2014) (AustLII link)

'BC' and Australian Taxation Office [2014] AICmr 12 (7 February 2014) PDFPrintable version 586.77 KB
 ss 11B, 22, 24A, 47E, 47F Irrelevant material — Whether reasonable steps taken to find documents — Personal information —Whether unreasonable to disclose personal information of applicants in recruitment process — Certain operations of agencies — Whether disclosure would have a substantial adverse effect on the assessment of personnel Access refusal Set aside and substituted
‘BB’ and Department of Human Services [2014] AICmr 11 (6 February 2014) (AustLII link)

‘BB’ and Department of Human Services [2014] AICmr 11 (6 February 2014) PDFPrintable version 506.72 KB
 s 47E(d) Disclosure of surnames of departmental officers — 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
Welch and Department of Foreign Affairs and Trade (No. 2) [2014] AICmr 10 (31 January 2014) (AustLII link)

Welch and Department of Foreign Affairs and Trade (No. 2) [2014] AICmr 10 (31 January 2014) PDFPrintable version 533.51 KB
ss 22, 33(a)(iii), 33(b), 47F  Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Documents affecting national security, defence or international relations — Whether documents contain personal information — Whether disclosure would be contrary to the public interest Access refusal Affirmed
‘BA’ and Merit Protection Commissioner [2014] AICmr 9 (30 January 2014) (AustLII link)

‘BA’ and Merit Protection Commissioner [2014] AICmr 9 (30 January 2014) PDFPrintable version 708.76 KB
 ss 4, 47F Personal information — Whether unreasonable to disclose personal information of successful applicant in recruitment process Access grant Set aside and substituted
‘AZ’ and Australian Broadcasting Corporation [2014] AICmr 8 (30 January 2014) (AustLII link)

‘AZ’ and Australian Broadcasting Corporation [2014] AICmr 8 (30 January 2014) PDFPrintable version 520.02 KB
 s 47 Documents disclosing commercially valuable information — Documents disclosing internal and external production costs Access refusal Affirmed
‘AY’ and Australian Broadcasting Corporation [2014] AICmr 7 (28 January 2014) (AustLII link)

‘AY’ and Australian Broadcasting Corporation [2014] AICmr 7 (28 January 2014) PDFPrintable version 510.83 KB
 ss 29(5)(a), 29(5)(b) Charges — Whether agency should exercise
discretion to reduce or not impose charge
Access refusal Affirmed
‘AX’ and Civil Aviation Safety Authority [2014] AICmr 6 (22 January 2014) (AustLII link)

‘AX’ and Civil Aviation Safety Authority [2014] AICmr 6 (22 January 2014) PDFPrintable version 515.98 KB
s 47F 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
Philip Morris Ltd and Department of Health [2014] AICmr 5 (17 January 2014) (AustLII link)

Philip Morris Ltd and Department of Health [2014] AICmr 5 (17 January 2014) PDFPrintable version 534.94 KB
ss 24, 24AA, 24AB Request for access to documents — Whether dealing with request would be a substantial and unreasonable diversion of resources
Access refusal Affirmed
Australian Private Hospitals Association and Department of the Treasury [2014] AICmr 4 (16 January 2014) (AustLII link)

Australian Private Hospitals Association and Department of the Treasury [2014] AICmr 4 (16 January 2014) PDFPrintable version 545.8 KB
 ss 22, 34, 47, 47C Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Cabinet documents — Whether disclosure of documents would reveal Cabinet deliberations — Whether disclosure would disclose commercially valuable information — Whether documents disclose deliberative matter — Whether contrary to public interest to release conditionally exempt document  Access refusal  Set aside and substituted
Welch and Department of Foreign Affairs and Trade [2014] AICmr 3 (14 January 2014) (AustLII link)

Welch and Department of Foreign Affairs and Trade [2014] AICmr 3 (14 January 2014) PDFPrintable version 493.71 KB
ss 24A, 25 Whether reasonable steps taken to find documents — Information as to the existence of certain documents Access refusal Set aside and substituted
Nolen and Special Broadcasting Service [2014] AICmr 2 (14 January 2014) (AustLII version)

Nolen and Special Broadcasting Service [2014] AICmr 2 (14 January 2014) PDFPrintable version 555.15 KB
ss 24A(1), 42 Whether reasonable steps taken to find documents — Legal professional privilege — Whether documents are subject to legal professional privilege — Whether legal professional privilege waived Access refusal Affirmed
‘AW’ and Australian Taxation Office [2014] AICmr 1 (10 January 2014) (AustLII link)

‘AW’ and Australian Taxation Office [2014] AICmr 1 (10 January 2014) PDFPrintable version 525.98 KB
ss 24A,
47E
Refusal of access to documents — Whether reasonable steps taken to find documents — Whether
computer user ID codes exempt from disclosure
Access refusal Affirmed