Our FOI disclosure log

Reference number

FOIREQ23/00186

Date of access

7 November 2023

Published on

8 November 2023

FOI request

All correspondence, memos and briefings held by Melanie Drayton, Assistant Commissioner, Regulation and Strategy, related to the potential or expected impact of the Australian e-safety Commissioner's proposed codes for Relevant Electronic Services and Designated Internet Services (i.e. codes related to regulating cloud and private messaging services). I would like to confine my request to materials sent or received between October 1, 2022 and September 1, 2023.

Other information

S 22, S 47E(d)

The following clarification was provided by the eSafety Commissioner in relation to the documents:

• Some of the documents imply that the eSafety Commissioner’s decision on the industry codes was made on 30 May 2023. The decision was made on 31 May 2023.

• Regarding the briefing provided by eSafety to the OAIC:

• The Online Safety Act 2021 (Cth) does not require industry associations to make or submit codes (rather, it enables the eSafety Commissioner to request that an industry body or association develop an industry code and submit this to the Commissioner).
• The briefing describes one of the statutory tests enabling the eSafety Commissioner to register an industry code in lay terms. References to ‘appropriate community safeguards’ and ‘adequate protections’ refer to the test at s140(1)(d)(i), that “to the extent to which the code deals with one or more matters of substantial relevance to the community—the code provides appropriate community safeguards for that matter or those matters”.
• The briefing incorrectly includes iMessage in its list of examples of potential encrypted relevant electronic services with capability to detect material.

Information published in the disclosure log

Reference number

FOIREQ23/00266

Date of access

20 December 2023

Published on

21 December 2023

FOI request

Please consider this a request for documents under the Freedom of Information Act 1982 (FOI Act).
I am seeking access to the following documents:

1. Current (i.e. active and endorsed) gender affirmation policies for your department/agency’s staff (i.e. policies outlining the process by which transgender or non-binary staff can affirm their chosen gender identity at work);
2. Current (i.e. active and endorsed) gender affirmation leave policies for your department/agency’s staff (i.e. policies establishing the process and types of leave which transgender or non-binary staff can access for transition related purposes).
3. If active and endorsed policies for items 1 and/or 2 do not exist, I am requesting any draft policies your department/agency is working on.

To avoid any doubt, I am not seeking access to the EAs, I am asking for connected HR policies:

For example: a policy setting out how miscellaneous or ‘other’ leave under the Enterprise Agreement (EA) may be applied for by staff seeking to affirm their gender in the workplace would be in scope.

I am happy to receive these documents under an administrative access scheme or similar. If you choose to provide the documents in this manner, I agree to identifying details of non-SES staff (names, phone numbers, email addresses…etc.) being redacted.  I also agree to withdraw this FOI request on receipt of the documents.

Other information

Access in full to 1 document – irrelevant material removed under s 22

Information published in the disclosure log

Reference number

FOIREQ23/00262

Date of access

21 December 2023

Published on

21 December 2023

FOI request

1. Current version or the most recent previous version of policies, protocols, directives, guidelines, rules, codes of practice, work instructions and procedures governing the Information Commissioner’s decision-making process under Section 54W(b) of the FOI Act, including criteria or considerations for determining the desirability of having an IC reviewable decision considered by the Administrative Appeals Tribunal (“AAT”).
2. Summaries or anonymised examples of past cases where the Information Commissioner has exercised the discretionary power under Section 54W(b), including the rationale and considerations for referring these cases to the AAT.
3. Training materials, if any, provided to OAIC staff regarding the application of Section 54W(b) discretion, including any relevant case studies or scenarios used for training purposes.

Note:

1. The term ‘personal information’ in this schedule has the same meaning as in section 6(1) of the Privacy Act 1988.
2. Names and non-personal contact details of individuals engaged in the exercise of public functions are within the scope of this application.

Other information

Access in full to 16 documents – irrelevant material removed under s 22

Information published in the disclosure log

Reference number

FOIREQ23/00215

Date of access

22 December 2023

Published on

2 January 2024

FOI request

Any correspondence between the OAIC and the company Clearview AI relating to the Commissioner-initiated Investigation of Clearview AI, following the Information Commissioner's finding that Clearview AI, Inc. breached Australians’ privacy. The date for this request is 3 November 2021 to date.

Other information

1. 13 documents released in full
2. 26 documents released in part
3. 6 documents exempt in full under ss 33, 37, 47, 47B, 47E(c), 47E(d), 47F and 47G
4. 26 documents subject to third party review rights

Information published in the disclosure log

Reference number

FOIREQ23/00239

Date of access

10 January 2024

Published on

10 January 2024

FOI request

The names of all those of whom had privacy complaint/s found by the O.A.I.C as to finding of a breach/es of the Australian privacy act.As per latest annual report

Other information

1 document created and released in part. Exemption applied under s 47F

Information published in the disclosure log

Reference number

FOIREQ24/00061

Date of access

27 March 2024.

Published on

10 April 2024

FOI request

The time period of the request is 1 July 2023 to 31 December 2023:

• Any emails or other communications (eg. meeting invitations/speeches/ videos/transcripts/memorandums/revised chief executive instructions or equivalent) directed at all staff about either the Royal Commission on the Robo-debt Scheme (‘the Royal Commission’), or the government response to the Royal Commission
• Any emails or other communications (eg. meeting invitations/speeches/ videos/transcripts/memorandums/revised chief executive instructions or equivalent) directed at all SES (or equivalent) staff about the Royal Commission on the Robo-debt Scheme, or the government response to the Royal Commission
• Any brief prepared for Senate estimates in October 2023 relating to how the agency was responding to the Royal Commission or the government response to the Royal Commission
• Any brief, agenda paper, submission (or similar) to the agency’s executive leadership group/senior leadership group (or however named in your agency) about how the agency was responding to the Royal Commission or implementing the government response to the Royal Commission
• Any document relating to changing training modules/induction (or similar) (whether internally or externally delivered), to incorporate information about the Royal Commission or the government response to the Royal Commission.
 The following are excluded from the request:
• Any document that solely deals with adverse findings relating to individual members of staff of that agency.

Information published in the disclosure log

Reference number

FOIREQ23/00174

Date of access

13 October 2023

Published on

18 October 2023

FOI request

I request any and all documents prepared for Ms Angelene Falk's use (whether or not they were actually used) in a hearing before the Senate's Legal and Constitutional Affairs Committee on 30 August 2023 in relation to the state of the Commonwealth's freedom of information system.

Other information

Release in part s47C, s47E(c), s47E(d) and s47F

Information published in the disclosure log

Reference number

FOIREQ24/00164

Date of access

11 April 2024

Published on

16 April 2024

FOI request

I seek under the FOI Act all documents, held in [email protected], relating to the creation of the General Counsel role within the OAIC.

Other information

Released in part under s 47E(d) and 47F

Information published in the disclosure log

Reference number

FOIREQ21/00283

Date of access

14 Jan 2022

Published on

06 Apr 2022

FOI request

“… a copy of the report of the OAIC investigation into compliance with statutory timeframes by the Office of the Prime Minister and Cabinet, notice on completion dated 5/10/21, summarised on the OAIC website: https://www.oaic.gov.au/__data/assets/pdf_file/0014/11723/20211122-Outcomes-of-investigations-summary-table.pdf...”

Other information

Access provided in full.

Information published in the disclosure log

Reference number

FOIREQ23/00228

Date of access

04 January 2024

Published on

11 January 2024

FOI request

• Provide copies of documents regarding engagement of lawyers (internal or external) by commissioner Falk to draw up her submissions and providing her with any advice in the matter.
• Copies of tax invoices showing total amounts of legal fees/costs paid to the lawyers for advice and drafting Falk's submissions.

Other information

2 documents released in full.
4 documents released in part.
11 documents exempt in full under ss 42, 47F and 47G.
3 documents subject to third party review rights

Information published in the disclosure log