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2019 FOI review decisions summary

Below is the table showing the decisions that have been made in 2019, with summary details for each one. The links in the first column take you to the decision on the AustLII AICmr database.

To view summaries for other years go to: IC review decisions.

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

 

2019 FOI review decisions
DecisionLegislative provision/sCatchword summaryDecision under reviewIC review decision
Rex Patrick and Minister for Resources and Northern Australia (Freedom of information) [2019] AICmr 13 (25 March 2019) ss 4(1) and 55D Freedom of Information — Interpretation of scope Access refusal Set aside and substituted
‘QA’ and Australian Securities and Investments Commission (Freedom of information) [2019] AICmr 12 (11 March 2019) s 42 Freedom of Information — Whether documents subject to legal professional privilege Access refusal Affirmed
‘PZ’ and Australian Criminal Intelligence Commission (Freedom of information) [2019] AICmr 11 (11 March 2019) ss 11A, 22 and 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 disclosure is contrary to the public interest — Whether material in documents irrelevant to the request Access refusal Affirmed
‘PY’ and Department of Home Affairs (Freedom of information) [2019] AICmr 10 (11 March 2019) ss 11A(5) and 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 Vary
Reece Walters and Great Barrier Reef Marine Park Authority (Freedom of information) [2019] AICmr 9 (1 March 2019) ss 11A(5), 33(a)(iii), 33(b), 47E(d), 47F and 55D(1) Freedom of Information — Whether disclosure could cause damage to the international relations of the Commonwealth — Whether disclosure would divulge any information or matter communicated in confidence by a foreign government or an international organisation to the Commonwealth — 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
‘PX’ and Australian Federal Police (Freedom of Information) [2019] AICmr 8 (27 February 2019) ss 11A(5), 22, 24A, 47B, 47E, 47F and 47G Freedom of Information — Access to edited copy of document — Whether reasonable steps taken to locate documents — Whether material in documents irrelevant to the request — Whether disclosure would or could reasonably be expected to cause damage to Commonwealth-State relations — Whether disclosure would have a substantial adverse effect on the conduct of the operations of an agency — Whether disclosure of personal information unreasonable — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether contrary to the public interest to release conditionally exempt documents Access refusal Set aside and substituted
Amanda Hay and Australian Bureau of Statistics (Freedom of information) [2019] AICmr 7 (25 February 2019) ss 11A(5), 47C, 47E(c) and 55D Freedom of Information — Whether material in documents irrelevant to the request — Whether documents contain deliberative matter prepared for a deliberative purpose — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether disclosure of personal information is unreasonable — Whether the ABS has discharged its onus — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
Paul Farrell and Department of Home Affairs (Freedom of information) [2019] AICmr 5 (7 February 2019) ss 11A(5), 42, 47E(c), 47E(d), 47F and 47G 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 is 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 Access refusal Set aside and substituted
‘PU’ and Merit Protection Commissioner (Freedom of information) [2019] AICmr 4 (18 January 2019) ss 11A(5) and 47C Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative purpose — Whether contrary to public interest to release conditionally exempt documents Access refusal Set aside and substituted
‘PT’ and Aged Care Quality and Safety Commission (Freedom of information) [2019] AICmr 3 (18 January 2019) s 47F(5) Freedom of Information — Whether access is to be given to a qualified person Access refusal Set aside and substituted
'PR' and Comcare (Freedom of information) [2019] AICmr 2 (18 January 2019) ss 11A(5) and 47F Freedom of Information — Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents Access refusal Affirmed
'PQ' and Australian Taxation Office (Freedom of information) [2019] AICmr 1 (16 January 2019) s 42 Freedom of Information — Whether documents subject to legal professional privilege Access refusal Affirmed