Information Commissioner review decisions

Decision

Roman and Australian Federal Police [2014] AICmr 75

Date

22 Jul 2014

Legislative provision

s 24A

Decision under review

Access refusal

IC review decision

Affirmed

Catchword summary

Freedom of Information – Whether reasonable steps have been taken to locate documents

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Decision

Farrell and Department of Immigration and Border Protection [2014] AICmr 74

Date

31 Jul 2014

Legislative provision

ss 24(2), 24AB(7)

Decision under review

Access refusal

IC review decision

Set aside and substituted

Catchword summary

Freedom of information – Whether an agency can treat two or more requests as a single request – Whether a request can be taken to have been withdrawn

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Decision

'CF' and Department of Finance [2014] AICmr 73

Date

28 Jul 2014

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

Crowe and Department of Prime Minister and Cabinet [2014] AICmr 72

Date

30 Jul 2014

Legislative provision

ss 11A, 47B, 47C

Decision under review

Access refusal

IC review decision

Set aside and substituted

Catchword summary

Incoming government brief prepared for party that formed government – Whether document contains deliberative matter prepared for a deliberative process – Whether disclosure could reasonably be expected to damage Commonwealth-State relations – Whether contrary to public interest to release conditionally exempt document

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Decision

Parnell & Dreyfus and Attorney-General's Department [2014] AICmr 71

Date

30 Jul 2014

Legislative provision

ss 11A, 22, 42, 47C, 47E

Decision under review

Access refusal

IC review decision

Varied

Catchword summary

Incoming government brief prepared for party that formed government – Whether document contains deliberative matter prepared for a deliberative process – Whether disclosure could reasonably be expected to have a substantial adverse effect on the operations of an agency – Whether document subject to legal professional privilege – 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

16 Jul 2014

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

'CE' and Department of the Environment [2014] AICmr 69

Date

11 Jul 2014

Legislative provision

ss 47(1), 47G(1)(a)

Decision under review

Access refusal

IC review decision

Set aside and substituted

Catchword summary

Whether disclosure would reveal trade secrets and commercially valuable information – Whether disclosure would damage business, commercial or financial affairs – Whether material is irrelevant to the request

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Decision

Mentink and Australian Federal Police [2014] AICmr 67

Date

30 Jun 2014

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

'CR' and Department of Immigration and Border Protection [2014] AICmr 92

Date

5 Sep 2014

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 name is incorrect or incomplete – Whether it should be amended

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Decision

Sanderson and Department of Infrastructure and Regional Development [2014] AICmr 66

Date

30 Jun 2014

Legislative provision

ss 11A(5), 22, 34, 47C

Decision under review

Access refusal

IC review decision

Set aside and substituted

Catchword summary

Cabinet documents – Whether document brought into existence for the dominant purpose of submission for consideration by Cabinet – Whether document submitted to Cabinet for its consideration – Whether document discloses deliberative matter – Whether contrary to public interest to release conditionally exempt document

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