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Published byAdele West Modified over 9 years ago
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Protecting information rights – advancing information policy
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Coalition Government portfolio arrangements OAIC response to Hawke report: www.oaic.news and events/statements/FOI statements OAIC submission to National Commission of Audit: oaic.news and events/submissions Media reporting of OAIC workload and performance Revised FOI Guidelines APP Guidelines – APPs 12 and 13 Differences between APPs 12/13 and the FOI Act Integrating APPs 12/13, the FOI Act and admin access/correction IC Update – OAIC operations
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Australian membership of the Open Government Partnership Open data initiatives Information Publication Scheme Compliance Review Program OAIC de-identification resources ALRC Rep No 122, Copyright and the Digital Economy, Ch 15 ICON meeting in Information Awareness Month – 20 May National Information Policy Conference – 5 November IC update – information policy
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Topical FOI request issue Request for ‘all documents created between 1-6 Dec that end in the letter “T” before “yours sincerely etc”’ See OAIC Disclosure Log What is the correct FOI Act response? FOI Act reforms that could partially address this issue Enable agency to require an administrative access discussion before a request is formally classified as an FOI request Enable agency to declare FOI request as vexatious or abuse of process Can a person use the FOI Act to secure disclosure log publication of documents they provided to the agency?
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Application of FOI Act to PI of officers BA and Merit Protection Commissioner [2014] AICmr 9 – Vocational assessment information concerning a successful applicant was mostly exempt under s 47F BB and Department of Human Services [2014] AICmr 11 – The names of agency officers who had accessed a customer’s record were not exempt under s 47E Carver and Fair Work Ombudsman [2011] AICmr 5 – Information about the work performance of an FWO officer was not exempt under s 47F J and Department of Health and Ageing [2013] AICmr 21 – Information concerning a supervisor who was subject to a Code of Conduct investigation was not exempt under s 47F
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Application of FOI Act to PI of officers FOI Guidelines – [6.140] – Unless special circumstances exist, it is not unreasonable (under s 47F) to release a public servant’s personal information that is in included in a document because of their usual duties or responsibilities – [14.18] - Whether it is unreasonable to publish personal information of an agency officer will depend on the nature of the information, the seniority of the officer, and whether the officer has made out a special case opposing publication
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