Office of the Australian Information Commissioner - Home

Australian Government - Office of the Australian Information Commissioner
Australian Government - Office of the Australian Information Commissioner

Main menu

2015 FOI review decisions summary

Below is the table showing the decisions that have been made in 2015, with summary details for each one. The links in the first column take you to the decision on the AustLII AICmr database.

Also available are table summaries for decisions made in 2014, 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.

2015 FOI review decisions
Decision Legislative provision/s Catchword summary Decision under review IC review decision
Seven Network and the Department of Finance [2015] AICmr 87 (18 December 2015) ss 11A, 37, 47E Freedom of Information — Whether disclosure of documents would endanger the life or safety of a person — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency Access refusal Set aside
Maurice Blackburn Lawyers and Department of Immigration and Border Protection [2015] AICmr 85 (18 December 2015) ss 11A, 47F Freedom of information — Whether disclosure of personal information is unreasonable — Whether disclosure would be contrary to the public interest Access refusal Varied
‘HV’ and Department of Finance [2015] AICmr 84 (18 December 2015) ss 11A, 47F Freedom of Information —Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents Access refusal Affirmed
‘HU’ and Australian Federal Police [2015] AICmr 83 (15 December 2015) s 37(2)(a) Freedom of Information — Whether disclosure would prejudice the fair trial of a person or the impartial adjudication of a case Access refusal Affirmed
‘HT’ and the Australian Human Rights Commission [2015] AICmr 82 (15 December 2015) s 47F  Freedom of Information — Personal privacy Access grant Set aside
‘HR’ and Department of Immigration and Border Protection  [2015] AICmr 80 (4 December 2015) s 37(1)(b) Freedom of Information — Whether release of documents would disclose the existence or identity of a confidential source of information in relation to the enforcement or administration of the law Access refusal Affirmed
‘HQ’ and Department of Defence [2015] AICmr 79 (4 December 2015) ss 11A, 47F Freedom of Information —Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents Access refusal Affirmed
Corazon Herrero and the Department of Immigration and Border Protection [2015] AICmr 78 (3 December 2015) s 24A Freedom of Information — Whether reasonable steps were taken to locate documents Access refusal Affirmed
‘HP’ and Department of Immigration and Border Protection [2015] AICmr 77 (1 December 2015) s 37(1)(b) Freedom of Information — Whether disclosure would disclose the existence or identity of a confidential source of information Access refusal Varied
‘HN’ and Department of the Environment [2015] AICmr 76 (1 December 2015) s 47 Freedom of information — Whether disclosure would disclose trade secrets or commercially valuable information Access refusal Affirmed
Marty Ross and Australian Curriculum, Assessment and Reporting Authority [2015] AICmr 75 (1 December 2015) s 47E(d) Freedom of Information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency Access refusal Varied
‘HM’ and Department of Immigration and Border Protection [2015] AICmr 74 (30 November 2015) ss 37(1)(b), 47E(d) Freedom of Information — Whether disclosure would disclose 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 Access refusal Varied
‘HL’ and Department of Defence [2015] AICmr 73 (12 November 2015) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
‘HK’ and Department of Defence  [2015] AICmr 72 (6 November 2015) ss 7(2A), 33(a)(i), 47F Freedom of Information — Whether information is  exempt from the operation of the FOI Act on the basis it is an ‘intelligence agency document’ —  Whether disclosure would, or could reasonably be expected to, cause damage to the security of the Commonwealth —  Whether disclosure of personal information is unreasonable — Whether disclosure would be contrary to the public interest Access refusal Affirmed
‘HJ’ and Australian Federal Police [2015] AICmr 71  (6 November 2015) ss 11A, 47B, 47E, 47F  Freedom of Information — Whether disclosure could reasonably be expected to cause damage to Commonwealth-State relations — Whether disclosure would have adverse effect on management or assessment of personnel — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents Access refusal Varied
Maria Jockel and Department of Immigration and Border Protection [2015] AICmr 70 (5 November 2015) ss 15(3), 24, 24AA, 24AB, 24A Freedom of Information — Whether reasonable steps were taken to assist a person to make an FOI request — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations — Whether reasonable steps were taken to locate documents Access refusal Set aside
‘HI’ and Civil Aviation Safety Authority [2015] AICmr 69 (22 October 2015) s 47E(a) Freedom of Information — Whether disclosure would have a substantial adverse effect on the operations of an agency — Whether disclosure of the document under this Act would, or could reasonably be expected to prejudice the effectiveness of procedures or methods for the conduct of examinations Access refusal Affirmed
‘HH’ and Department of the Treasury [2015] AICmr 68 (21 October 2015) s 45 Freedom of information —Whether material obtained in confidence Access refusal Set aside
Linton Besser and Department of Employment [2015] AICmr 67 (15 October 2015) ss 11A, 11B, 37(1)(a), 47C, 47D, 47G Freedom of Information — Whether disclosure of documents would prejudice the conduct of an investigation — Whether documents contain deliberative matter prepared for a deliberative process — Whether disclosure would have a substantial adverse effect on the financial or property interests of the Commonwealth — Whether documents affect business affairs — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside
Aloysia Brooks and Department of the Prime Minister and Cabinet [2015] AICmr 66 (2 October 2015) ss 24, 24AA, 24AB Freedom of Information — Whether work involved in processing request would substantially and unreasonably divert the resources of the agency from its other operations Access refusal Set aside
Australian Associated Press Pty Ltd and Department of Immigration and Border Protection [2015] AICmr 65  (2 October 2015) s 29 Freedom of Information — 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 Set aside
‘HG’ and Department of Immigration and Border Protection [2015] AICmr 64 (28 September 2015) ss 11A, 22, 47C, 47F Freedom of Information — Whether material in documents irrelevant to request — Whether documents contain deliberative matter prepared for a deliberative process — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents Access refusal Varied
‘HF’ and Department of Environment [2015] AICmr 63 (11 September 2015) ss 11B, 47 and 47G Freedom of Information – Whether documents contain commercially valuable information – Whether disclosure would unreasonably affect organisation’s business affairs – Whether disclosure could reasonably be expected to prejudice the future supply of information to the Commonwealth – Whether contrary to public interest to release conditionally exempt documents Access grant Affirmed
‘HD’ and the Australian Securities and Investments Commission [2015] AICmr 62 (4 September 2015) s 24A Freedom of Information — Whether reasonable steps were taken to locate documents Access refusal Affirmed
‘HC’ and Department of Human Services [2015] AICmr 61 (4 September 2015) s 37(1)(b) Freedom of Information — Whether release of documents would disclose the existence or identity of a confidential source of information in relation to the enforcement or administration of the law Access refusal Affirmed
‘HB’ and Australian Federal Police [2015] AICmr 60 (2 September 2015) ss 11A, 37, 47C, 47F Freedom of Information — Whether disclosure of documents would prejudice lawful methods or procedures — Whether documents contain deliberative matter prepared for a deliberative process — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents Access refusal Varied
‘GW’ and Tax Practitioners Board [2015] AICmr 59 (1 September 2015) ss 11A, 11B, 37, 42, 47C Freedom of Information — Whether disclosure of document would prejudice lawful methods or procedures — Whether documents subject to legal professional privilege — Whether documents contain deliberative matter prepared for a deliberative process — Whether contrary to public interest to release conditionally exempt documents Access refusal Varied
Simon Golding and Department of Immigration and Border Protection [2015] AICmr 58 (28 August 2015) ss 11A(5), 22, 24A, 47C Freedom of Information — Whether material in documents is irrelevant to request — Whether reasonable steps were taken to locate documents — Whether documents contain deliberative matter prepared for a deliberative process Access refusal Varied
Anthony Taggart and Civil Aviation Safety Authority [2015] AICmr 57 (27 August 2015) s 42 Freedom of Information — Whether documents are subject to legal professional privilege Access refusal Affirmed
‘GO’ and National Health and Medical Research Council [2015] AICmr 56 (21 August 2015) ss 11A, 47E, 47G Freedom of information — Whether disclosure would have a substantial adverse effect on the operations of an agency — Whether disclosure would unreasonably affect a person in respect of lawful business or professional affairs — Whether contrary to public interest to release conditionally exempt documents Access refusal Affirmed
‘GN’ and Australian Taxation Office [2015] AICmr 55 (14 August 2015) ss 11A, 11B, 47C, 47E(c) Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative process —Whether disclosure would have adverse effect on management or assessment of personnel — Whether contrary to public interest to release conditionally exempt documents Access refusal Varied
Avaaz and Australian Communications and Media Authority [2015] AICmr 54 (14 August 2015) ss 11A, 11B and 47C Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative process — Whether contrary to public interest to release conditionally exempt documents Access refusal Varied
‘GL’ and Department of Immigration and Border Protection [2015] AICmr 53 (13 August 2015) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
Paul Farrell and Australian Customs and Border Protection Service [2015] AICmr 52 (17 July 2015) ss 33(a)(i), 47E(d), 22, 55ZB Freedom of Information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether reasonably practicable to prepare edited copy Access refusal Varied
‘GI’ and Department of the Prime Minister and Cabinet [2015] AICmr 51 (17 July 2015) ss 11A, 11B, 47C, 47E(c) Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative process — Whether disclosure would have adverse effect on management or assessment of personnel — Whether contrary to public interest to release conditionally exempt documents Access refusal Affirmed
James O’Neill and the Australian Federal Police [2015] AICmr 50 (16 July 2015) ss 33(a)(iii) and 33(b) Freedom of Information — Whether disclosure would, or could reasonably be expected to cause damage to the international relations of the Commonwealth — Whether disclosure would divulge any information or matter communicated in confidence by another government to the Commonwealth Access refusal Affirmed
‘GH’ and ComSuper [2015] AICmr 49 (14 July 2015) s 42 Freedom of Information — Whether documents subject to legal professional privilege Access refusal Varied
‘GG’ and Tax Practitioners Board [2015] AICmr 48 (9 July 2015) ss 11A, 47E(d), 47F Freedom of Information — 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 is contrary to the public interest Access refusal Varied
‘GF’ and Department of the Treasury [2015] AICmr 47 (7 July 2015) ss 22, 42, 47F, 47G Freedom of Information — Whether material in documents irrelevant to request – Whether documents subject to legal professional privilege —Whether disclosure of personal information unreasonable — Whether documents affect business affairs Access refusal Varied
‘GD’ and Department of the Prime Minister and Cabinet [2015] AICmr 46 (1 July 2015) ss 24, 24AA, 24AB, 42, 47C, 47G Freedom of information — Access refusal — Whether work involved in processing FOI request would substantially and unreasonably divert the resources of the agency from its other operations
Whether documents subject to legal professional privilege — Whether documents contain deliberative matter prepared for a deliberative process — Whether disclosure would unreasonably affect a person in respect of lawful business or professional affairs
Access refusal Set aside and substituted
Stephen Cox and Australian Federal Police [2015] AICmr 45 (19 June 2015) ss 11A, 17, 24A, 47E, 47F Freedom of Information — Whether the request involves the use of a computer ordinarily available — Whether reasonable steps taken to locate documents —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
‘GC’ and Australian Federal Police [2015] AICmr 44 (19 June 2015) ss 11A, 47E, 47F Freedom of Information — Personal Information —Whether disclosure of information concerning a person complained about would be unreasonable and contrary to the public interest — Whether disclosure would have a substantial adverse effect on management or assessment of personnel  Access refusal Affirmed
Peter Demmery and Australian Hearing [2015] AICmr 43 (18 June 2015) s 45 Freedom of Information — Whether material obtained in confidence Access refusal Affirmed
‘GA’ and Department of the Prime Minister and Cabinet [2015] AICmr 42 (17 June 2015) ss 11A, 47B, 47F Freedom of Information — Commonwealth-State relations — Personal information —Whether disclosure of personal information unreasonable — Whether disclosure would be contrary to the public interest Access refusal Set aside and substituted
Rita Lahoud and Department of Education and Training [2015] AICmr 41 (16 June 2015) ss 24, 24AA, 24AB Freedom of Information — 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
‘FZ’ and the Australian Federal Police [2015] AICmr 40 (5 June 2015) s 24A Freedom of Information — Whether reasonable steps were taken to locate documents Access refusal Affirmed
‘FX’ and Department of Prime Minister and Cabinet [2015] AICmr 39 (5 June 2015) ss 24, 24AA, 24AB Freedom of Information — 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
Foundation for Alcohol and Research Education and Department of Health [2015] AICmr 38 (18 May 2015) ss 11A, 11B, 47C Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative process — Whether contrary to public interest to release conditionally exempt documents Access refusal Affirmed
‘FT’ and Civil Aviation Safety Authority [2015] AICmr 37 (13 May 2015) s 45 Freedom of Information — Whether material obtained in confidence Access refusal Affirmed
‘FS’ and Department of Immigration and Border Protection [2015] AICmr 36 (12 May 2015) ss 11A, 22, 47F Freedom of Information — Personal information — Whether disclosure of personal information unreasonable and contrary to the public interest Access refusal Affirmed
‘FO’ and Department of Veterans’ Affairs [2015] AICmr 34 (11 May 2015) ss 11A, 11B, 47C Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative process — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
Timmins and Attorney-General’s Department [2015] AICmr 32 (28 April 2015) ss 4, 11A(5), 15, 47C Freedom of information — Scope of FOI request — Whether attachments to a requested document fall within the scope of the FOI request — Whether document contains deliberative matter prepared for a deliberative process — Whether contrary to public interest to release conditionally exempt document Access refusal Varied
‘FM’ and Department of Foreign Affairs and Trade [2015] AICmr 31 (24 April 2015) ss 22, 24A, 33 Freedom of Information — Whether material in documents irrelevant to request — Whether reasonable steps taken to locate documents — 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 Varied
‘FL’ and Department of Human Services [2015] AICmr 30 (23 April 2015) ss 11A, 24A, 47C, 47E, 47F Freedom of Information — Whether reasonable steps taken to locate documents — Whether documents contain deliberative matter prepared for a deliberative process — Whether disclosure of personal information unreasonable Access refusal Varied
‘FJ’ and Department of Immigration and Border Protection [2015] AICmr 29 (21 April 2015) ss 11A(5), 37, 47F Freedom of Information — Whether disclosure of document would prejudice lawful methods or procedures — Whether disclosure of personal information is unreasonable and contrary to the public interest Access refusal Set aside and substituted
‘FI’ and Australian Securities and Investments Commission [2015] AICmr 28 (15 April 2015) ss 11A(5), 47G Freedom of Information — Whether disclosure could reasonably be expected to prejudice the future supply of information to the Commonwealth Access refusal Affirmed
‘FH’ and National Archives of Australia [2015] AICmr 27 (13 April 2015) s 47F Freedom of Information — Personal information — Whether disclosure of the name of a person who obtained the FOI applicant’s military record under the Archives Act is unreasonable and contrary to public interest Access refusal Affirmed
‘FG’ and National Archives of Australia [2015] AICmr 26 (13 April 2015) ss 11A(5), 47F Freedom of Information — Personal information — Whether disclosure of the name of a person who obtained the FOI applicant’s Commonwealth employment record under the Archives Act is unreasonable and contrary to the public interest Access refusal Affirmed
Australian Broadcasting Corporation and Civil Aviation Safety Authority [2015] AICmr 21 (10 April 2015) ss 11A(5), 47E, 47F, 47G Freedom of Information — Agency report — Whether disclosure would prejudice the effectiveness of procedures or methods for conducting agency tests etc — Whether disclosure would substantially and adversely affect the proper and efficient conduct of agency operations — Whether disclosure of business information would unreasonably and adversely affect an organisation — Whether contrary to public interest to release a conditionally exempt document Access refusal Varied
‘FF’ and Australian Taxation Office [2015] AICmr 25 (27 March 2015) ss 24, 24AA, 24AB Freedom of Information — Access refusal decisions — Whether work involved in processing request would substantially and unreasonably divert the resources of the agency from its other operations Access refusal Affirmed
Shane Dowling and National Library of Australia [2015] AICmr 24 (26 March 2015) ss 11A(5), 42, 47C, 47F Freedom of information —Whether documents subject to legal professional privilege — Whether documents contain deliberative matter prepared for a deliberative process — Whether disclosure of personal information unreasonable — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
‘FD’ and Department of Immigration and Border Protection [2015] AICmr 22 (26 March 2015) ss 48, 50, 55D Freedom of Information — Amendment of personal records — Whether the information about the applicant’s date of birth is incorrect — Whether it should be amended Access refusal Affirmed
Gurjit Singh and Attorney-General’s Department [2015] AICmr 20 (26 February 2015) ss 24, 24AA, 24AB Freedom of Information — Whether work involved in processing request would substantially and unreasonably divert the resources of the agency from its other operations Access refusal Affirmed
David Barnes and Civil Aviation Safety Authority [2015] AICmr 19 (26 February 2015) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
‘EW’ and Australian Taxation Office [2015] AICmr 18 (20 February 2015) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Varied
‘EV’ and Attorney-General’s Department [2015] AICmr 17 (18 February 2015) ss 24, 24AA, 24AB Freedom of Information — Whether work involved in processing request would substantially and unreasonably divert the resources of the agency from its other operations Access refusal Affirmed
Public Interest Advocacy Centre and Attorney General’s Department [2015] AICmr 16 (16 February 2015) ss 33, 42 Freedom of Information — Whether disclosure would  cause damage to international relations of the Commonwealth — Whether documents subject to legal professional privilege Access refusal Affirmed
'EU' and Department of Human Services [2015] AICmr 15 (12 February 2015) ss 24, 24AA, 24AB Freedom of information — Whether work involved in processing request would substantially and unreasonably divert the resources of the agency from its other operations Access refusal Affirmed
Animals Australia Inc and Department of Agriculture [2015] AICmr 14 (6 February 2015) ss 11A(5), 47, 47E, 47F, 47G Whether disclosure would disclose trade secrets or commercially valuable information —Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of operations of an agency — 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 refusal Set aside and substituted
Wright & Parnell and Department of the Prime Minister and Cabinet [2015] AICmr 13 (3 February 2015) ss 11A, 47C Incoming government brief prepared for party that formed government — Whether document contains deliberative matter prepared for a deliberative process — Whether contrary to public interest to release conditionally exempt document Access refusal Varied
'ER' and Special Broadcasting Service [2015] AICmr 12 (3 February 2015) s 7(2) Refusal of access to documents — Whether documents are or relate to the SBS' program material Access refusal Varied
Kelvin Bissett and Department of Human Services [2015] AICmr 10 (30 January 2015) ss 22, 47F Freedom of Information — Whether disclosure of personal information unreasonable and contrary to the public interest — Access to edited copy of document — Whether reasonably practicable to prepare edited copy of video Access refusal Varied
Brett Goyne and Australian National Audit Office [2015] AICmr 9 (23 January 2015) ss 4(1), 7(1), Schedule 2 Whether the Australian National Audit Office is an 'agency' Access refusal Affirmed
Bradley Bartlett and Department of Human Services [2015] AICmr 8 (22 January 2015) ss 24, 24AA, 24AB Freedom of information — Whether work involved in processing request would substantially and unreasonably divert the resources of the agency from its other operations Access refusal Affirmed
Fairfax Media Limited and Australian Customs and Border Protection Service [2015] AICmr 7 (19 January 2015) s 45 Freedom of Information — Whether material obtained in confidence Access refusal Affirmed
‘EK’ and Department of Human Services [2015] AICmr 6 (19 January 2015) ss 11A, 47E Freedom of Information — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
Linton Besser and Department of Health [2015] AICmr 5 (13 January 2015) s 47 Freedom of information — Whether disclosure would disclose commercially valuable information Access refusal Affirmed
‘EJ’ and Australian Federal Police [2015] AICmr 4 (13 January 2015) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
‘EI’ and Department of Human Services [2015] AICmr 3 (13 January 2015) ss 11A(5), 47, 47G Freedom of information — Whether disclosure would disclose commercially valuable information —Whether disclosure would unreasonably affect business affairs — Whether contrary to the public interest to release conditionally exempt documents Access refusal Set aside and substituted
‘EH’ and Department of Defence [2015] AICmr 2 (12 January 2015) ss 11A, 47E, 47F Freedom of Information — 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 — Whether disclosure would be contrary to the public interest Access refusal Affirmed
Alannah MacTiernan and Department of Infrastructure and Regional Development [2015] AICmr 1 (5 January 2015) 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