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2017 FOI review decisions summary

Below is the table showing the decisions that have been made in 2017, 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 2016decisions made in 2015decisions 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.

2017 FOI review decisions
DecisionLegislative provision/sCatchword summaryDecision under reviewIC review decision
‘NB’ and Australian Sports Anti-Doping Authority (Freedom of information) [2017] AICmr 114 (14 November 2017) ss 11A(5), 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 — Whether contrary to the public interest to release conditionally exempt documents Access refusal Vary
Paul Farrell and Australian Federal Police (Freedom of information) [2017] AICmr 113 (13 November 2017) ss 25 and 37 Freedom of Information — Information as to the existence of certain documents — Documents affecting enforcement of law Access refusal Affirmed
‘NA’ and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 112 (10 November 2017) ss 48, 50 Freedom of Information — Whether information is personal information about the applicant — Whether personal information is incomplete, incorrect, out of date or misleading — Whether personal information should be amended Access refusal Set aside and substituted
Maurice Blackburn Lawyers and Australian Securities and Investments Commission (Freedom of information) [2017] AICmr 111 (9 November 2017) s 45 Freedom of Information — Whether material obtained in confidence Access refusal Affirmed
Paul Kaszyckyj and Australian Taxation Office (No. 2) (Freedom of information) [2017] AICmr 110 (7 November 2017) ss 11A(5), 47F Freedom of Information —Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents Access refusal Affirmed
‘MZ’ and Department of Communications and the Arts (Freedom of information) [2017] AICmr 109 (27 October 2017) ss 24, 24AA, 24AB Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations Access refusal Set aside and substituted
‘MY’ and Australian Building and Construction Commission (Freedom of information) [2017] AICmr 108 (27 October 2017) ss 48, 50 Freedom of Information — Whether information is personal information about the applicant — Whether personal information is incomplete, incorrect, out of date or misleading — Whether personal information should be amended Access refusal Vary
Pasquale Barbaro and Australian Criminal Intelligence Commission (Freedom of information) [2017] AICmr 107 (26 October 2017) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
‘MX’ and Department of Human Services (Freedom of information) [2017] AICmr 106 (26 October 2017) ss 11A(5), 47F Freedom of Information —Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents Access refusal Affirmed
Sydney Migration International Pty Ltd and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 105 (18 October 2017) ss 11A(5), 22, 47F Freedom of Information — Whether reasonably practicable to prepare edited copy of a document not disclosing exempt or irrelevant material — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents Access refusal Affirmed
‘MU’ and Department of Human Services (Freedom of information) [2017] AICmr 104 (9 October 2017) ss 11A(5), 47F Freedom of Information —Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents Access refusal Affirmed
Dan Conifer and Department of the Prime Minister and Cabinet (Freedom of information) [2017] AICmr 103 (9 October 2017) ss 11A(5), 45, 47C, 47E(d), 47F Freedom of Information — Whether material obtained in confidence  — Whether documents contain deliberative matter prepared for a deliberative process — 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 is unreasonable — Whether contrary to the public interest to release conditionally exempt documents Access refusal Set aside and substituted
‘MR’ and Department of Infrastructure and Regional Development (Freedom of information) [2017] AICmr 102 (9 October 2017) s 29 Freedom of Information — Charges — Request for waiver of charge — 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 and substituted
Maria Jockel and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 101 (9 October 2017) 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 Set aside and substituted
‘MQ’ and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 100 (6 October 2017) ss 48 and 50 Freedom of Information — Amendment of personal records — Whether the record of a date of birth is incorrect — Whether it should be amended Access refusal Affirmed
‘MP’ and Department of Human Services (Freedom of information) [2017] AICmr 99 (6 October 2017) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
BP Australia Pty Ltd and National Offshore Petroleum Safety and Environmental Management Authority (Freedom of information) [2017] AICmr 98 (6 October 2017) s 47G Freedom of Information — Access grant — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs Access grant Affirmed
Paul Kaszyckyj and Australian Taxation Office (Freedom of information) [2017] AICmr 97 (6 October 2017) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
Ronald Francis and Department of Defence (Freedom of information) [2017] AICmr 96 (6 October 2017) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
‘MO’ and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 95 (4 October 2017) s 24A Whether reasonable steps taken to locate documents Access refusal Affirmed
Julian Knight and Commonwealth Ombudsman (Freedom of information) [2017] AICmr 94 (4 October 2017) ss 11A(5), 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 is unreasonable — Whether contrary to the public interest to release conditionally exempt documents Access refusal Vary
‘MN’ and Department of Human Services (Freedom of information) [2017] AICmr 93 (4 October 2017) s 24A Whether reasonable steps taken to locate documents Access refusal Affirmed
‘MM’ and Department of Human Services (Freedom of information) [2017] AICmr 92 (4 October 2017) ss 11A(5), 37(1)(c), 42, 47C, 47F, 47E(c), 47E(d), 55D Freedom of Information — Whether disclosure would endanger the life or safety of a person — Whether document subject to legal professional privilege — Whether document contains deliberative matter prepared for a deliberative process — 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 the Department has discharged its onus — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
‘ML’ and Australian Building and Construction Commission (Freedom of information) [2017] AICmr 91 (4 October 2017) ss 11A(5), 22, 24A, 42 Freedom of Information — Whether material irrelevant to the request — Whether reasonable steps taken to locate documents — Whether document subject to legal professional privilege —Whether disclosure would have a substantial adverse effect on the management function of an agency — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
BMV Solutions Pty Ltd and Department of Defence (Freedom of information) [2017] AICmr 90 (4 October 2017) 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 Set aside and substituted
‘MK’ and Department of Defence (Freedom of information) [2017] AICmr 89 (15 September 2017) ss 24, 24AA, 24AB Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations Access refusal Affirmed
‘MJ’ and Department of the Prime Minister and Cabinet (Freedom of information) [2017] AICmr 88 (15 September 2017) ss 24, 24AA, 24AB Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations Access refusal Set aside and substituted
Richard Rudd and Civil Aviation Safety Authority (Freedom of information) [2017] AICmr 87 (13 September 2017) ss 11A(5), 42, 47F Freedom of Information — Whether documents subject to legal professional privilege — Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents Access refusal Set aside and substituted
David Kalman and Department of Veterans’ Affairs (Freedom of information) [2017] AICmr 86 (13 September 2017) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
‘MI’ and Administrative Appeals Tribunal (Freedom of information) [2017] AICmr 85 (13 September 2017) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
Jetstar Airways Pty Ltd and Civil Aviation Safety Authority (Freedom of information) [2017] AICmr 84 (12 September 2017) s 47G Freedom of Information — Access grant — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs Access grant Set aside and substituted
‘MH’ and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 83 (12 September 2017) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
‘MG’ and Australian Federal Police (Freedom of information) [2017] AICmr 82 (7 September 2017) ss 11A(5), 42, 47E(d), 47F Freedom of Information —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 — Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents Access refusal Affirmed
‘ME’ and Department of Human Services (Freedom of information) [2017] AICmr 81 (7 September 2017) s 24A Freedom of Information — Whether reasonable steps taken to locate documents Access refusal Affirmed
DDH Graham Limited and Australian Securities and Investments Commission (Freedom of information) [2017] AICmr 80 (1 September 2017) s 47G Freedom of Information —  Access grant — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs Access grant Affirmed
Julian Knight and Attorney-General’s Department (Freedom of information) [2017] AICmr 79 (31 August 2017) ss 11A(5), 47F Freedom of Information — Whether disclosure of personal information is unreasonable — Whether contrary to the public interest to release conditionally exempt documents Access refusal Affirmed
‘MD’ and Department of Human Services (Freedom of information) [2017] AICmr 78 (30 August 2017) ss 11A(5), 47F Freedom of Information —Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents Access refusal Affirmed
Allister McCaffrey and Australian National University (Freedom of information) [2017] AICmr 77 (28 August 2017) ss 11A(5), 47C Freedom of Information —  Whether document contains deliberative matter prepared for a deliberative process — Whether contrary to public interest to release conditionally exempt documents Access refusal Affirmed
Barbara Stanistreet and Department of Health (Freedom of information) [2017] AICmr 76 (28 August 2017) s 47(1)(b) Freedom of Information — Whether disclosure would disclose commercially valuable information Access refusal Set aside and substituted

Debra Duncan and Australian Criminal Intelligence Commission (Freedom of information) [2017] AICmr 75 (16 August 2017)

s 45

Freedom of Information — Whether material obtained in confidence

Access refusal

Affirmed

‘MC’ and Department of Defence (Freedom of information) [2017] AICmr 74 (15 August 2017)

ss 11A(5), 24A, 47E(c)

Freedom of Information — Whether reasonable steps taken to locate documents — 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

Vary

‘MB’ and Department of Human Services (Freedom of information) [2017] AICmr 73 (8 August 2017)

s 24A

Freedom of Information — Whether reasonable steps taken to locate documents

Access refusal

Affirmed

‘MA’ and Department of Veterans’ Affairs (Freedom of information) [2017] AICmr 72 (26 July 2017) ss 11A(5), 42, 47C, 47E(c), 47E(d), 47F, 55D Freedom of Information — Whether document subject to legal professional privilege — Whether document contains deliberative matter prepared for a deliberative process — 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 disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
The Australian and Department of Defence (Freedom of information) [2017] AICmr 71 (26 July 2017) ss 11A(5), 47C, 47E(d), 47F Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative purpose — 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 the public interest to release conditionally exempt documents Access refusal Set aside and substituted
‘LZ’ and Department of Human Services (Freedom of information) [2017] AICmr 70 (25 July 2017) ss 11A(5), 47F Freedom of Information — Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents Access refusal Affirmed
Stryker Australia Pty Ltd and Department of Health (Freedom of information) [2017] AICmr 69 (25 July 2017) ss 47(1), 47G Freedom of Information — Access grant — Whether disclosure would disclose commercially valuable information — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs Access grant Affirmed
‘LY’ and Commonwealth Ombudsman (Freedom of information) [2017] AICmr 68 (17 July 2017) ss 11A(5), 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 — Whether contrary to public interest to release conditionally exempt documents Access refusal Affirmed
David Albuquerque and Department of Foreign Affairs and Trade (Freedom of information) [2017] AICmr 67 (7 July 2017) s 29 Freedom of Information — Charges — Requests for waiver of charge — 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 and substituted
Andrew Pascoe and Civil Aviation Safety Authority (Freedom of information) [2017] AICmr 66 (7 July 2017) ss 11A(5), 22, 42, 47E(d), 47F Freedom of Information —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 — Whether disclosure of personal information unreasonable — Whether material in documents irrelevant to the request — Whether contrary to the public interest to release conditionally exempt documents Access refusal Vary

‘LW’ and Department of Human Services (Freedom of information) [2017] AICmr 65 (29 June 2017)

s 24A

Freedom of Information —  Whether reasonable steps taken to locate documents

Access refusal

Affirmed

‘LV’ and Department of Defence (Freedom of information) [2017] AICmr 64 (29 June 2017)

s 24A

Freedom of Information —  Whether reasonable steps taken to locate documents

Access refusal

Affirmed

Patrick Conheady and Australian Taxation Office (Freedom of information) [2017] AICmr 63 (28 June 2017)

ss 11A(5), 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 — Whether contrary to public interest to release conditionally exempt documents

Access refusal

Affirmed

The Australian and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 62 (27 June 2017)

ss 11A(5), 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 is unreasonable — Whether contrary to public interest to release conditionally exempt documents

Access refusal

Set aside and substituted

Bev Butler and Commonwealth Scientific and Industrial Research Organisation (Freedom of information) [2017] AICmr 59 (22 June 2017) s 7(2) Freedom of Information — Refusal of access to documents — Whether documents are in respect of commercial activities Access refusal Vary
‘LR’ and Australian Federal Police (Freedom of information) [2017] AICmr 58 (22 June 2017) ss 11A(5), 22, 24A, 37(2)(b), 42, 47E(d), 47F Freedom of Information — Whether material in documents irrelevant to the request — Whether reasonable steps taken to locate documents — Whether disclosure would prejudice lawful methods or procedures — 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 — Whether disclosure of personal information unreasonable — Whether contrary to public interest to release conditionally exempt documents Access refusal Vary
Tristan Masterson and the Murray-Darling Basin Authority (Freedom of information) [2017] AICmr 57 (22 June 2017) ss 11A(5), 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 — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
David Griffiths and Department of Human Services (Freedom of information) [2017] AICmr 56 (21 June 2017) s 24A Freedom of Information —  Whether reasonable steps taken to locate documents Access refusal Affirmed
‘LQ’ and Department of Human Services (Freedom of information) [2017] AICmr 55 (21 June 2017) ss 11A(5), 47F Freedom of Information — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents Access refusal Affirmed
Amanda Hay and Australian Bureau of Statistics (No. 2) (Freedom of information) [2017] AICmr 54 (21 June 2017) ss 11A(5), 47E(c) 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 Vary

‘LO’ and Australian Securities and Investments Commission (Freedom of information) [2017] AICmr 52 (31 May 2017)

ss 11A(5), 37(2)(b), 45, 47C, 47E(d), 47F

Freedom of Information — Whether disclosure would prejudice lawful investigative methods or procedures — Whether material obtained in confidence — Whether documents contain deliberative matter prepared for a deliberative purpose — 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 the public interest to release conditionally exempt documents

Access refusal

Vary

‘LN’ and Department of Human Services (Freedom of information) [2017] AICmr 51 (30 May 2017)

s 24A

Freedom of Information — Whether reasonable steps taken to locate documents

Access refusal

Affirmed

‘LM’ and Australian Taxation Office (Freedom of information) [2017] AICmr 49 (29 May 2017)

s 37(1)(b)

Freedom of Information — Whether disclosure would disclose the existence or identity of a confidential source of information

Access refusal

Affirmed

Sea Shepherd Australia and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 48 (23 May 2017)

s 33(a)(iii)

Freedom of Information — Whether disclosure could cause damage to the international relations of the Commonwealth

Access refusal

Set aside and substituted

‘LK’ and Department of the Treasury (Freedom of information) [2017] AICmr 47 (23 May 2017)

ss 11A(5), 22, 45, 47C, 47E(d), 47F

Freedom of Information — Whether material irrelevant to the request —Whether material obtained in confidence — Whether documents contain deliberative matter prepared for a deliberative process — 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 is unreasonable — Whether contrary to public interest to release conditionally exempt documents

Access refusal

Set aside and substituted

‘LJ’ and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 46 (17 May 2017)

ss 11A(5), 22, 24A, 33, 42, 47B and 47E

Freedom of Information — Whether reasonable steps taken to locate documents — Whether material in documents irrelevant to request — 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 — Whether documents subject to legal professional privilege — Whether disclosure would or could reasonably be expected to cause damage to Commonwealth-State relations — Whether disclosure would divulge information communicated in confidence by a State government to the Commonwealth —Whether disclosure would have a substantial adverse effect on the conduct of the operations of an agency —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 (Freedom of information) [2017] AICmr 45 (17 May 2017)

ss 11A(5), 47F

Freedom of Information — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents

Access refusal

Set aside and substituted

Paul Farrell and Prime Minister of Australia (Freedom of information) [2017] AICmr 44 (15 May 2017)

ss 24, 24AA, 24AB

Freedom of Information — Whether work involved in processing the request would substantially and unreasonably interfere with the performance of the Minister’s functions

Access refusal

Set aside and substituted

John Hilvert and Australian Bureau of Statistics (Freedom of information) [2017] AICmr 43 (12 May 2017)

s 42

Freedom of Information — Whether document subject to legal professional privilege

Access refusal

Affirmed

Nick Xenophon and Australian Bureau of Statistics (Freedom of information) [2017] AICmr 42 (12 May 2017)

s 42

Freedom of Information — Whether document subject to legal professional privilege

Access refusal

Affirmed

‘LI’ and Department of Education and Training (Freedom of information) [2017] AICmr 41 (10 May 2017)

ss 4, 6C, 24A

Freedom of Information — Whether documents are documents of an agency — Whether reasonable steps taken to locate documents

Access refusal

Affirmed

Amanda Hay and Australian Bureau of Statistics (Freedom of information) [2017] AICmr 40 (10 May 2017)

ss 11A(5), 47F

Freedom of Information — Whether disclosure of personal information unreasonable — Whether contrary to public interest to release conditionally exempt documents

Access refusal

Affirmed

‘LH’ and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 39 (28 April 2017)

ss 11A, 42, 47E(d), 47F

Freedom of Information — Whether document 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 — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents

Access refusal

Set aside and substituted

Shahin Enterprises Pty Ltd and Ors and Department of Education and Training (Freedom of information) [2017] AICmr 38 (28 April 2017)

ss 47(1), 47G

Freedom of Information — Access grant — Whether disclosure would disclose trade secrets or commercially valuable information — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs

Access grant

Affirmed

‘LG’ and Department of Human Services (Freedom of information) [2017] AICmr 37 (26 April 2017)

s 37(1)(b)

Freedom of Information — Whether disclosure would disclose the existence or identity of a confidential source of information

Access refusal

Affirmed

‘LE’ and Department of the Environment and Energy (Freedom of information) [2017] AICmr 36 (6 April 2017)

ss 11A(5), 47F

Freedom of Information — Access grant — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents

Access grant

Affirmed

William Yabsley and Australia Post (Freedom of information) [2017] AICmr 35 (6 April 2017)

s 24A

Freedom of Information — Whether reasonable steps taken to locate documents

Access refusal

Affirmed

John Mullen and Aged Care Complaints Commissioner (Freedom of information) [2017] AICmr 34 (6 April 2017)

ss 20, 24A, 38

Freedom of Information —Documents to which secrecy provisions of enactments apply — Whether reasonable steps taken to find document — Form of access

Access refusal

Affirmed

Community and Public Sector Union and Department of Health (Freedom of information) [2017] AICmr 33 (6 April 2017)

ss 11A(5), 37(2)(b), 47C

Freedom of Information — Whether disclosure of documents would prejudice lawful investigative methods or procedures — Whether documents contain deliberative matter prepared for a deliberative process — Whether contrary to public interest to release conditionally exempt documents

Access refusal

Affirmed

‘LD’ and Department of Defence (Freedom of information) [2017] AICmr 32 (5 April 2017)

s 33(a)(i)

Freedom of Information — Whether disclosure would cause damage to the security of the Commonwealth

Access refusal

Affirmed

‘LC’ and Australia Post (Freedom of information) [2017] AICmr 31 (5 April 2017)

ss 11A(5), 47E(c)

Freedom of Information — Whether disclosure would have a substantial adverse effect on management or assessment of personnel — Whether contrary to public interest to release conditionally exempt documents

Access refusal

Affirmed

Special Broadcasting Service and Australian Skills Quality Authority (Freedom of information) [2017] AICmr 30 (4 April 2017)

ss 11A(5), 47G

Freedom of Information — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether contrary to public interest to release conditionally exempt documents

Access refusal

Affirmed

Geoff Carpenter and Bureau of Meteorology (Freedom of information) [2017] AICmr 29 (24 March 2017)

s 48 and 50

Freedom of Information — Whether the information about the applicant’s employment is incorrect – Whether it should be amended

Access refusal

Vary

Shajor Pty Ltd and Australian Skills Quality Authority (Freedom of information) [2017] AICmr 27 (23 March 2017)

s 47G

Freedom of Information — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs

Access grant

Affirmed

Wushu Council Australia Limited and Australian Sports Commission (Freedom of information) [2017] AICmr 26 (22 March 2017)

ss 11A(5), 47(1), 47F, 47G, 55D

Freedom of Information — Whether disclosure would disclose trade secrets or commercially valuable information — Whether disclosure of personal information unreasonable —Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether contrary to public interest to release conditionally exempt documents — Whether the agency has discharged its onus of establishing that its decision to refuse the request is justified

Access refusal

Set aside and substituted

‘KZ’ and Australian Federal Police (Freedom of information) [2017] AICmr 24 (17 March 2017)

ss 11A(5), 37(2)(b), 46(b), 47E(d) and 47F

Freedom of Information — Whether disclosure would prejudice lawful methods or procedures — Whether disclosure is contrary to an order of the Australian Crime Commission — 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 documents

Access refusal

Vary

‘KX’ and Department of Veterans’ Affairs (Freedom of information) [2017] AICmr 23 (17 March 2017)

s 24A

Freedom of Information — Whether reasonable steps taken to locate documents

Access refusal

Affirmed

William Yabsley and Australian Federal Police (Freedom of information) [2017] AICmr 22 (14 March 2017)

ss 24, 24AA, 24AB

Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations

Access refusal

Set aside and substituted

‘KW’ and Department of Foreign Affairs and Trade (Freedom of information) [2017] AICmr 21 (13 March 2017)

s 29

Freedom of Information — Charges — Request for waiver of charge — 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 and substituted

Cash World Gold Buyers Pty Ltd and Australian Taxation Office (Freedom of information) [2017] AICmr 20 (10 March 2017)

ss 24, 24AA, 24AB

Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations

Access refusal

Affirmed

Metro Mining Limited and Department of the Environment and Energy (Freedom of information) [2017] AICmr 19 (1 March 2017)

s 45

Freedom of Information — Whether material obtained in confidence

Access refusal

Affirmed

Ben Butler and Australian Securities and Investments Commission (Freedom of information) [2017] AICmr 18 (21 February 2017)

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 and substituted

‘KV’ and Indigenous Land Corporation (Freedom of information) [2017] AICmr 17 (20 February 2017)

ss 11A(5), 42, 47C, 47F

Freedom of Information — Whether documents subject to legal professional privilege — Whether documents contains 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

‘KU’ and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 16 (17 February 2017)

s 37(1)(b)

Freedom of Information — Whether disclosure would disclose the existence or identity of a confidential source of information

Access refusal

Affirmed

‘KT’ and Department of Foreign Affairs and Trade (Freedom of information) [2017] AICmr 15 (14 February 2017)

ss 24, 24AA, 24AB

Freedom of Information — Whether work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations

Access refusal

Set aside and substituted

‘KS’ and Department of Immigration and Border Protection (Freedom of information) [2017] AICmr 14 (9 February 2017)

ss 48 and 50

Freedom of Information — Amendment of personal records — Whether the record of a date of birth is incorrect — Whether it should be amended

Access refusal

Affirmed

‘KR’ and Department of Veterans’ Affairs (Freedom of information) [2017] AICmr 13 (6 February 2017)

ss 45, 47(1), 47G

Freedom of Information — Whether material obtained in confidence – Whether disclosure would disclose commercially valuable information — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs

Access refusal

Set aside and substituted

‘KQ’ and Cancer Australia (Freedom of information) [2017] AICmr 12 (2 February 2017)

s 22

Freedom of Information — Whether material in documents irrelevant to the request

Access refusal

Vary

John Mullen and Australian Aged Care Quality Agency (Freedom of information) [2017] AICmr 11 (1 February 2017)

ss 38, 47E, 47F

Freedom of Information — Documents to which secrecy provisions of enactments apply — Whether disclosure of personal information unreasonable – Whether disclosure would have a substantial adverse effect on the management or assessment of personnel

Access refusal

Set aside and substituted

Julie Anderson and Department of Veterans’ Affairs (Freedom of information) [2017] AICmr 10 (31 January 2017)

ss 11A(5), 47G

Freedom of Information — Whether disclosure would unreasonably affect an organisation’s business affairs — Whether contrary to the public interest to release conditionally exempt documents

Access refusal

Affirmed

Josh Taylor and Minister for Communications and the Arts (Freedom of information) [2017] AICmr 9 (25 January 2017)

ss 4(1), 24, 24AA, 24AB, 34, 37, 47C, 47G, 47F

Freedom of Information — Whether a Minister’s diary is an official document of a Minister — Whether work involved in processing the request would unreasonably interfere with the performance of the Minister’s functions — Whether document contains information that would reveal a Cabinet deliberation or decision — Whether disclosure would endanger the life or safety of a person — Whether document contains deliberative matter prepared for a deliberative process — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether disclosure of personal information unreasonable

Access refusal

Set aside and substituted

‘KP’ and Department of Human Services (Freedom of information) [2017] AICmr 8 (25 January 2017)

s 24A

Freedom of Information — Whether reasonable steps taken to locate documents

Access refusal

Affirmed

‘KO’ and Australian Nuclear Science and Technology Organisation (Freedom of Information) [2017] AICmr 7 (20 January 2017)

s 24A

Freedom of Information — Whether reasonable steps taken to locate documents

Access refusal

Affirmed

‘KN’ and Department of the Prime Minister and Cabinet (Freedom of information) [2017] AICmr 6 (20 January 2017)

s 22

Freedom of Information — Whether material in documents irrelevant to the request

Access refusal

Affirmed

‘KM’ and Department of Veterans’ Affairs (Freedom of information) [2017] AICmr 5 (19 January 2017)

s 24A

Freedom of Information — Whether reasonable steps taken to locate documents

Access refusal

Affirmed

‘KL’ and Department of Defence (Freedom of information) [2017] AICmr 4 (17 January 2017)

s 47F

Freedom of Information — Access grant — Whether disclosure of personal information is unreasonable

Access Grant

Affirmed

‘KK’ and Department of Veterans’ Affairs (Freedom of information) [2017] AICmr 3 (17 January 2017)

s 24A

Freedom of Information — Whether reasonable steps taken to locate documents

Access refusal

Affirmed

‘KJ’ and Department of Defence (Freedom of information) [2017] AICmr 2 (13 January 2017)

ss 24, 24AA, 24AB

Freedom of Information — Whether the request satisfies the identification of documents requirement

Access refusal

Affirmed

‘KI’ and Commonwealth Scientific and Industrial Research Organisation (Freedom of Information) [2017] AICmr 1 (11 January 2017)

ss 24A, 47E(c)

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 — Whether material in documents irrelevant to request – Whether reasonable steps taken to locate documents

Access refusal

Vary