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Assessment of the impact during the year of the FOI requirements in the Department’s activities.
The Department received 18 FOI applications during the 1998-99 year and finalised 17. This compares with 29 applications processed during the 1998-99 period. There were also two applications for amendment of records.
There were only 3 out of the 17 applications that were refused in full, one of which was refused because the Department did not hold the documents requested. In relation to the other two, the Department refused access on one matter as the documents related to the judicial functions of the Victims Compensation Tribunal and on the other because the document was an official record of Cabinet. The applicants did not seek an internal review in respect of these determinations.
Major issues that have arisen in connection with the Department’s compliance with the FOI requirements.
The Department was consulted by three NSW agencies in relation to documents that affected the Department’s business affairs and two agencies under other FOI legislation - Victorian and Commonwealth.
The Statement of Affairs and Summary of Affairs are now available on the Department's website.
As reported in previous years, a considerable amount of time is spent by Departmental officers answering FOI inquiries by the public. There continues to be a view that the NSW Attorney General’s Department is responsible for the FOI Act.
Particulars of the circumstances and outcomes in which there have been any inquiries under the Act by the Ombudsman or any appeals under the Act to the Administrative Decisions Tribunal (ADT)
During the period one matter was finalised by the Ombudsman and the decision of the Department was upheld. The documents were determined as exempt under the personal affairs exemption.
There are currently four matters pending before the Ombudsman, three of which relate to the one applicant. In relation to the other matter, after the review by the Ombudsman, all but one document was released. The Department has maintained its determination not to release this document providing reasons to the Ombudsman.
One application has been finalised by the ADT during the period. This matter was dismissed after there was no appearance by the applicant.
There are no matters pending before the ADT.
Comparison of statistical information for 1998-99 and 1999-2000.
Section A Numbers of new FOI requests - Information relating to numbers of new FOI requests received, those processed and those incomplete from the previous period.
| FOI Requests | Personal | Other | Total |
98-99 | 99-00 | 98-9999-0098-9999-00 | |
| A1 New (including transferred in) | 17 | 6 | 11122818 |
| A2 Brought forward | 1 | 1 | 0112 |
| A3 Total to be processed | 18 | 7 | 11132920 |
| A4 Completed | 17 | 6 | 10112717 |
| A5 Transferred out | 0 | 0 | 0000 |
| A6 Withdrawn | 0 | 0 | 0000 |
| A7 Total processed | 17 | 6 | 10112717 |
| A8 Unfinished | 1 | 1 | 1223 |
| Result of FOI Requests | Personal | Other | Total |
98-99 | 99-00 | 98-9999-0098-9999-00 | |
| B1 Granted in full | 5 | 2 | 1567 |
| B2 Granted in part | 9 | 4 | 33127 |
| B3 Refused | 3 | 0 | 6393 |
| B4 Deferred | 0 | 0 | 0000 |
| B5 Completed | 17 | 6 | 10112717 |
| Ministerial Certificates | 98-99 | 99-00 |
| C1 Ministerial Certificates Issues | 0 | 0 |
| Formal Consultations | No. of requests requiring consultations (issued) | Total number of formal consultations |
98-99 | 99-0098-9999-00 | |
| D1 No. of requests requiring formal consultations | 4 | 71312 |
| Result of amendment | Total |
| Request | 98-9999-00 |
| E1 Result of amendment - agreed | 00 |
| E2 Result of amendment - refused | 12 |
| Notation of personal records | Total |
98-9999-00 | |
| F1 No. of requests for notation | 00 |
| Basis of disallowing or restricting | Personal | Other | Total |
| Access | 98-99 | 99-00 | 98-9999-0098-9999-00 |
| G1 section 19 - application incomplete, wrongly directed | 0 | 0 | 0000 |
| G2 Section 22 - deposit not paid | 0 | 0 | 1010 |
| G3 Section 25(1)(a1) - diversion of resources | 0 | 0 | 1010 |
| G4 Section 25(1)(a) - exempt | 9 | 3 | 55148 |
| G5 Section 25(1)(b)(c)(d) –otherwise available | 2 | 2 | 1032 |
| G6 Section 28(1)(b) - documents not held | 0 | 0 | 2121 |
| G7 Section 24(2) - deemed refused, over 21 days | 1 | 0 | 1020 |
| G8 Section 31(4) (released to Medical Practitioner | 0 | 0 | 0000 |
| G9 Totals | 12 | 5 | 1162311 |
| Costs | Assessed Costs | FOI fees received |
98-99 | 99-0098-9999-00 | |
| H1 All completed requests | $960.00 | $795.00$660.00$525.00 |
| Type of discount allowed | Personal | Other |
98-99 | 99-0098-9999-00 | |
| I1 Public Interest | 1 | 031 |
| I2 Financial hardship - pensioner/child | 7 | 224 |
| I3 Financial hardship - non profit organisation | 0 | 000 |
| I4 Totals | 8 | 255 |
| I5 Significant correction of personal records | 0 | 000 |
| Elapsed time | Personal | Other |
98-99 | 99-0098-9999-00 | |
| J1 0 - 21 days | 10 | 689 |
| J2 22 - 35 days | 3 | 020 |
| J3 Over 35 days | 2 | 022 |
| J4 Totals | 15 | 61211 |
| Processing hours | Personal | Other |
98-99 | 99-0098-9999-00 | |
| K1 0 - 10 hours | 16 | 5810 |
| K2 11 - 20 hours | 1 | 121 |
| K3 21 - 40 hours | 0 | 000 |
| K4 Over 40 hours | 0 | 000 |
| K5 Totals | 17 | 61011 |
| Reviews and Appeals | Total |
98-9999-00 | |
| L1 Number of internal reviews finalised | 94 |
| L2 Number of Ombudsman reviews finalised | 21 |
| L3 Number of ADT appeals finalised | 11 |
| Bases of internal review | Personal | Other |
Upheld | VariedUpheldVaried | |
98-99 | 99-0098-9999-0098-9999-0098-9999-00 | |
| L4 Access/Amendment refused | 4 | 2203000 |
| L5 Deferred | 0 | 0000000 |
| L6 Exempt matter | 3 | 0213100 |
| L7 Unreasonable charges | 0 | 0000000 |
| L8 Charge unreasonable incurred | 0 | 0000000 |
| L9 Withdrawn | 0 | 0000000 |
| L10 Totals | 7 | 2416100 |
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