Information Commissioner review decisions

Decision

Farrell and Department of Immigration and Border Protection (No. 2) [2014] AICmr 121

Date

03 Jan 2019

Legislative provision

ss 24, 24AA, 24AB

Decision under review

Access refusal

IC review decision

Affirmed

Catchword summary

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

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Decision

'CQ' and Department of Immigration and Border Protection [2014] AICmr 91

Date

03 Jan 2019

Legislative provision

s 47E

Decision under review

Access refusal

IC review decision

Varied

Catchword summary

Certain operations of agencies – Whether disclosure would adversely affect operations of an agency – Whether disclosure would be contrary to the public interest.

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Decision

Krivoshev and Department of Human Services [2014] AICmr 48

Date

03 Jan 2019

Legislative provision

ss 11A(5), 22, 42, 47E

Decision under review

Access refusal

IC review decision

Set aside and substituted

Catchword summary

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

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Decision

‘BX’ and Commonwealth Ombudsman [2014] AICmr 47

Date

03 Jan 2019

Legislative provision

ss 24A(1), 42, 45 (CTH) Freedom of Information Act 1982 ss 8, 35 (CTH) Ombudsman Act 1976

Decision under review

Access refusal

IC review decision

Affirmed

Catchword summary

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

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Decision

Mentink and Australian Federal Police [2014] AICmr 67

Date

03 Jan 2019

Legislative provision

ss 11A(5), 24A, 47C, 47E(d), 47F

Decision under review

Access refusal

IC review decision

Affirmed

Catchword summary

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

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Decision

Fingal Head Community Association Inc and Department of Infrastructure and Regional Development [2014] AICmr 70

Date

03 Jan 2019

Legislative provision

ss 29(5)(a), 29(5)(b)

Decision under review

Access refusal

IC review decision

Set aside and substituted

Catchword summary

Charges – Whether charge has been wrongly assessed – Whether agency should exercise discretion to reduce or not impose charge

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Decision

'BV' and Superannuation Complaints Tribunal [2014] AICmr 45

Date

03 Jan 2019

Legislative provision

s 47F

Decision under review

Access refusal

IC review decision

Affirmed

Catchword summary

Personal information – Whether documents contain personal information – Whether disclosure would be contrary to the public interest

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Decision

'CK' and Department of Human Services [2014] AICmr 83

Date

03 Jan 2019

Legislative provision

ss 29(5)(a), 29(5)(b)

Decision under review

Access refusal

IC review decision

Set aside and substituted

Catchword summary

Charges – Whether assessment of the amount of charge has been wrongly assessed – Whether agency should exercise discretion to reduce or not impose charge

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Decision

'CY' and Department of Immigration and Border Protection [2014] AICmr 101

Date

03 Jan 2019

Legislative provision

ss 48, 50, 55D

Decision under review

Access refusal

IC review decision

Affirmed

Catchword summary

Amendment of personal records – Whether the information about the applicant's date of birth is incorrect – Whether it should be amended

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Decision

'CS' and Department of Immigration and Border Protection [2014] AICmr 93

Date

03 Jan 2019

Legislative provision

ss 24, 24AA, 24AB

Decision under review

Access refusal

IC review decision

Affirmed

Catchword summary

Whether processing request would involve a substantial and unreasonable diversion of resources – Whether a request consultation process has been undertaken

View decision on AustLII