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20-053-Online-Publishing-Package Redacted.Pdf By email: Dear Freedom of Information Request - Reference 20-053 I refer to your application made under the Freedom of Information Act 2016 (the Act) that was received by Transport Canberra and City Services (TCCS) on 20 July 2020 in which you sought access to: 1. Any document or thing related to Street Sweeping services carried out at any time at Parkes Way in Acton from 10-14 June 2019; 2. all ROADSACT records, documents or files relating to any motor vehicle accidents occurring along Parkes Way in Acton, specifically near the Acton Tunnel, between 1 June 2016 and the present; and 3. all ROADSACT records of complaints about dangerous conditions regarding the area described above between 1 June 2016 and the present. 4. Any document, record or thing relating to Roadworks carried out around the area described above between 1 June 2016 to the present, including any records of complaints/other triggering events that may have led to such roadworks. On 11 August 2020, you refined part four of the application to: • 2017: Resealed west bound lanes between Sullivan’s Creek and Acton Tunnel. • 2017: Asphalt resurfacing on west bound lanes between Commonwealth bridge and Acton Tunnel; and • 2019: Electrical Pit Repairs on east bound slow lane close to Acton Tunnel. On 25 September 2020, you agreed to the further refinement of part four to exclude information about the procurement of services to repair the electrical pit on the east bound slow lane close to Acton Tunnel. I am an Information Officer appointed by the Director-General under section 18 of the Act to deal with access applications made under Part 5 of the Act. Thank you for agreeing to an extension on your application until 5 October 2020. GPO Box 158 Canberra ACT 2601 | phone: 132281 | www.act.gov.au Decision on access A search of street sweeping data has been completed and no information was found which is relevant to part 1 of your application. I have been advised that this is because no street sweeping was carried out at any time at Parkes Way in Acton from 10-14 June 2019. I am confident that all appropriate searched have been undertaken and that this information is not held by TCCS. I have identified forty-one records as relevant to parts 2-4 of your application. These are outlined in the schedule of documents included at Attachment A. I have decided to: • grant full access to twelve documents: and • grant part access to twenty-nine documents. I have refused access under section 35(1)(c) of the FOI Act to some of the information that you have requested as it is contrary to the public interest to release. My access decision is detailed further in the following statement of reasons. Statement of Reasons In reaching my access decision, I have taken the FOI Act into account, with specific consideration of schedules 1 and 2. Factors favouring disclosure in the public interest (Schedule 2.1) • Section 2.1 (a)(iii) inform the community of the government’s operations, including the policies, guidelines and codes of conduct followed by the government in its dealings with members of the community; and • Section 2.1 (a)(viii) reveal the reason for a government decision and any background or contextual information that informed the decision. Factors favouring non-disclosure (Schedule 2.2) Section 2.2 (a)(ii) – prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004. I consider that the information contained within the documents at Attachment B can inform the community on the government’s operations, including reasons behind relevant government decisions. However, in the review of the information within these documents, I have also identified personal information of third parties. I have considered the reason the ACT government has come into the possession of the personal information, and the likelihood that its disclosure could be contrary to the Information Privacy Act 2014. I have also considered the likelihood that the disclosure of the information is likely to prejudice a person’s right to privacy under the under section 12 of the Human Rights Act 2004. I have decided, on balance, that the factors favouring non-disclosure of personal information is paramount. I am confident that the factor’s favouring disclosure can still be met without the disclosure of personal information. As such, the documents at Attachment B are provided with deletions to information that is contrary to the public interest. 2 Charges I have decided to waive the fee of $34.65, as the total number of pages only marginally exceeds the fee free threshold. Online publishing – disclosure log Under section 28 of the Act, TCCS maintains an online record of access applications called a disclosure log. I have decided that your original access application will not be published, as the application was sought in relation to a personal matter. However, as the information relates to government decisions about maintenance to a major road, which can inform the community of the government’s operations, I have decided to publish this decision notice, the schedule at Attachment A and the documents at Attachment B. , the schedule at Attachment A and the documents at Attachment B. Your personal information will be removed from these documents prior to publication. These documents will be published within 3 – 10 business days from the date of this notice. Ombudsman review My decision on your access request is a reviewable decision as identified in Schedule 3 of the FOI Act. You have the right to seek Ombudsman review of this outcome under section 73 of the FOI Act within 20 working days from the day that my decision is published in TCCS’ disclosure log, or a longer period allowed by the Ombudsman. If you wish to request a review of my decision you may write to the Ombudsman at: The ACT Ombudsman GPO Box 442 CANBERRA ACT 2601 Via email: [email protected] ACT Civil and Administrative Tribunal (ACAT) review Under section 84 of the FOI Act, if a decision is made under section 82(1) on an Ombudsman review, you may apply to the ACAT for review of the Ombudsman decision. Further information may be obtained from the ACAT at: ACT Civil and Administrative Tribunal Level 4, 1 Moore Street GPO Box 370 Canberra City ACT 2601 Telephone: (02) 6207 1740 www.acat.act.gov.au If you have any queries concerning the directorate’s processing of your request, or would like further information, please contact the TCCS FOI team on (02) 620 72987 or email to [email protected]. Yours sincerely Cherie Hughes Information Officer September 2020 3 Email – IAM 3 October 2020 Full access N/A 8 84 Email - IAM - Attachment - 1078364 Full access N/A 9 85 - 86 Email - IAM - Attachment - IMG_7188 Full access N/A 10 87 Email - IAM - Attachment - IMG_7189 Full access N/A 11 88 Email - IAM - Attachment - IMG_7191 Full access N/A 12 89 Email - Re_IAM 3 October 2020 Full access N/A 13 90 Email - Re_IAM - Attachment - 3464 - 2019- Partial access 14 91 Schedule 2.2 (a)(ii) 1272+Parkes+Way,+Acton+-+Aftercare Email - Re_IAM - Attachment - 3464 Roads Partial access 15 92 – 93 Schedule 2.2 (a)(ii) ACT - Road Maintenace Email - Re_IAM - Attachment - 1079187 Partial access 16 94 – 95 Schedule 2.2 (a)(ii) ACT Government Feedback - Reference 12 November 2019 Partial access 17 96 Schedule 2.2 (a)(ii) 191101-000430 ACT Government Feedback - Reference Partial access 18 97 – 101 Schedule 2.2 (a)(ii) 191101-000430 - Attachment ACT Government Feedback - Reference 12 November 2019 Partial access 19 102 Schedule 2.2 (a)(ii) 191108-001235 ACT Government Feedback – Reference Partial access 20 103 - 108 Schedule 2.2 (a)(ii) 191108-001235 - Attachment ACT Government Feedback - Reference 12 November 2019 Partial access 21 109 Schedule 2.2 (a)(ii) 191111-000078 ACT Government Feedback - Reference Partial access 22 110 - 114 Schedule 2.2 (a)(ii) 191111-000078 - Attachment ACT Government Feedback - Reference 14 November 2019 Partial access 23 115 Schedule 2.2 (a)(ii) 191113-002150 ACT Government Feedback - Reference Partial access 24 116 – 120 Schedule 2.2 (a)(ii) 191113-002150 - Attachment ACT Government Feedback - Reference 14 November 2019 Partial access 25 121 Schedule 2.2 (a)(ii) 191114-000085 ACT Government Feedback - Reference Partial access 26 122 – 125 Schedule 2.2 (a)(ii) 191114-000085 - Attachment ACT Government Feedback - Reference 15 November 2019 Partial access 27 126 Schedule 2.2 (a)(ii) 191114-002193 ACT Government Feedback - Reference Partial access 28 127 – 130 Schedule 2.2 (a)(ii) 191114-002193 - Attachment Email - Internal correspondence re IAM 11 March 2020 Full access N/A 29 131 – 132 Email - Internal correspondence re IAM (2) 11 March 2020 Partial access 30 133 Schedule 2.2 (a)(ii) Email - Re_3868 3 August 2020 Full access N/A 31 134 Email - Re_3868 - Attachment - 3868 Complex Partial access 32 135 - 137 Schedule 2.2 (a)(ii) Civil - TTE19-CCC-1668 Email - Re_3868 - Attachment - 3868- Partial access 33 138 – 139 Schedule 2.2 (a)(ii) attachTTMP- efeab0cd19334f1489b86e72cfd45ada Email - Re_3868 - Attachment - 3868- Partial access 34 140 – 141 Schedule 2.2 (a)(ii) otherAttachments- 72eb45b1d1ad4452ab6710d80810bed6 500C 1 February 2017 Partial access 35 142 Schedule 2.2 (a)(ii) Site Observation Daily Report Partial access 36 143 Schedule 2.2 (a)(ii) ACT Roads Jobs Search Parkes Way Reference No Date Created Subject Address Suburb Queue 161128-002376 28/11/2016 04.07 PM Roads : Fix My Street Desktop Quick Report Submission (road hazard in the form of broken Lady Denman Dr & Tourist Drive 2 & Parkes Way, Acton ACT 2601, Australia Acton RoadsACT Claims concrete kerbing.) 170627-000038 27/06/2017 07.39 AM Claim for cost of repairs due to motor vehicle accident (collision with an unrepaired kerb on Lady Denman Dr & Tourist Drive 2 & Parkes Way, Acton ACT 2601, Australia Acton RoadsACT Claims a main road,) 180201-000931 01/02/2018 12.35 PM Road Claims (Parkes Way through the tunnel heading towards Belconnen when a large piece Parkes Way Acton RoadsACT Claims of gyp rock flipped up from the road and hit his car) 180718-001464 18/07/2018 03.12 PM As the Customer was driving under the bridge she claims a rock has come down and Parkes Way Acton RoadsACT Claims smashed her window screen.
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