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Other Information

FOI Solutions Training Sessions

The upcoming training sessions for April/May are as follows:

  • 15 April 2025 - Top 5 PIA Tips: What about risks? 
  • 21 May 2025 - Basic 1 FOI Training 
  • 22 May 2025 - Basic 2 FOI Training
  • 28 May 2025 - Intermediate 1 FOI Training
  • 29 May 2025 - Intermediate 2 FOI Training

For more information or to register, please view our website or send an email to marketing@foisolutions.com.au requesting a copy of the brochure/registration form. 

Question Time

Q: With regard to sections 33(4) and 33(5), if an organisation is unable to find/appoint a registered medical practitioner, can the organisation utilise the applicant’s medical practitioner for the purposes of these provisions (if the FOI applicant consents)? If not, are there any other options if a registered medical practitioner could not be found?

 

A:  In our view it would be inappropriate to use the applicant’s medical practitioner for the purposes of s 33(4) and (5) as it would begin to undermine the alternative procedure anticipated by the FOI Act in giving the applicant an ability to seek to have their practitioner consider the material separately only if the decision of the agency’s practitioner was that disclosure would pose a serious threat.  We are not aware of other options if a registered medical practitioner could not be found.

 

Q: If someone requests a list of consultants (including names) and the total amount paid to them, but they do not require the description or the full invoice, would this material still be considered commercial in confidence, therefore requiring consultation? The applicant expects the names to not be redacted saying they are not commercial in confidence and that it would only be the description of the work that would be. 

 

A:  In this scenario, whether or not consultation is required depends on the following:

  • Could the name, in conjunction with the amounts paid, be said to be information of a business, commercial or financial nature which the agency acquired from a business commercial or financial undertaking?
  • If yes, then you need to consider whether disclosure would expose the consultants unreasonably to disadvantage.  Section 34 requires you to consult with the consultants, if practicable, as part of that exercise.
  • The applicant’s expectations are irrelevant to whether the components of the exemption are made out.

Some other issues which might arise for you to consider include:

  • Whether your agency has a list of the information which contains all the information sought. If not, and if the request was for a specific document, then it could result in a “no documents” decision. Section 19 of the FOI Act does not get triggered to require creation of a document if an applicant has asked for a document.

Whether any of the consultants are individuals using a business name and the information could also be personal affairs information for them under s 33.