Attachment A FREEDOM OF INFORMATION COVERSHEET The following information is provided pursuant to section 28 of the Freedom of Information Act 2016. FOI reference: TCCS FOI 20-048 Information to be published Status 1. Access application Published 2. Decision notice and schedule Published 3. Documents Published 4. Additional information identified n/a 5. Fees n/a 6. Processing time (in working days) 64 days 7. Decision made by Ombudsman n/a 8. Additional information identified by Ombudsman n/a 9. Decision made by ACAT n/a 10. Additional information identified by ACAT n/a GPO Box 158 Canberra ACT 2601 | phone: 132281 | www.act.gov.au From: To: CMTEDD FOI; MPC FOI; EPSDFOI; TCCS_FreedomOfInformation Cc: Subject: Surveys and polls Date: Wednesday, 8 July 2020 7:56:03 PM Good evening I write to request under the Freedom of Information Act 2016 the final results for all surveys and polls commissioned or received by the ACT Government since my last request. Surveys and polls may include, but are not limited to, research performed by Orima Research Pty Ltd, Q&A Market Research, or received as part of a YourSay Community Panel or consultation. These documents may include but are not limited to reports issued by the consultants or contractors and include questions, results, conclusions, analysis and/or recommendations. Should you require any further information or clarification about my request, please contact my office on . Kind regards, Dear Freedom of information request: Reference – 20-048 (Part 1) I refer to your application made under the Freedom of Information Act 2016 (the FOI Act) received on 8 August 2020, in which you sought access to the final results for all surveys and polls commissioned or received by the ACT Government since your last request. This may include: • research performed by Orima Research Pty Ltd, Q&A Market Research, or received as part of a YourSay Community Panel or consultation. Our records show that your last request was submitted to TCCS on 5 February 2019. On the 31 July 2020, from your office confirmed that engineering and similar surveys were excluded and that the scope of your request was more targeted towards active public engagement or consultation, for example surveys like YourSay, phone canvasses, online polls, or where a consultant was engaged to gather community feedback or attitudes. 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. TCCS was required to provide a decision on your access application by 5 August 2020. I thank you for your patience and for agreeing to an extension to allow us to process your request. Decision on access Searches were completed for relevant documents and 28 documents have been identified that fall within the scope of your request. I have included at Attachment A to this decision the schedule of relevant documents. This provides a description of each document that falls within the scope of your request and the access decision for each of the documents. You will note that documents 23 to 28 are already available in full online and I have provided the web address in the schedule. GPO Box 158 Canberra ACT 2601 | phone: 132281 | www.act.gov.au Part 1 – Documents 1- 20 Pages 1 - 418 I have refused access under section 35(1)(c) of the FOI Act to some of the information contained in the documents. This is because 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 following into account: • the FOI Act in particular Schedule 2; and • the content of the documents that fall within the scope your request. Factors favouring disclosure (Schedule 2) • Schedule 2.1(a)(ii) contribute to positive and informed debate on important issues or matters of public interest; • Schedule 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; • Schedule 2.1(a)(iv) ensure effective oversight of expenditure of public funds; 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) • 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. As an Information Officer, I am required to decide where, on balance, public interest lies. As part of this process I must consider factors favouring disclosure and non-disclosure. I consider that it is in the public interest to release most of the information identified as falling within the scope of your request. Release of the information is in the public interest as it informs the community of the government’s operations which can affect members of the community and the process followed by government when managing infrastructure projects, works, community awareness and transport services. It also improves the Directorate’s accountability for the work it undertakes by being transparent in releasing the information. I consider that the evidentiary basis for decisions, provided in the outcomes of public consultation, have distinct public interest value. I note however that the documents do contain personal information of participants. This information also includes both names and contact details. It is not in the public interest to disclose information that could prejudice a person’s right to privacy and in this case, I have decided to redact such information. Considering the type of information I propose to withhold from release, I am satisfied that the factors in favour of release can still be met while protecting the personal 2 information of individuals involved. I find the protection of this information outweighs disclosure in this instance. As a result, I have decided that release of this information could prejudice their right to privacy under the Human Rights Act 2004. Part 2 –Documents 21-22 - Pages 419-467 Third party consultation I am required to undertake third party consultation with Canberra Metro Operations in relation to this request (pages identified 419-467). We are continuing to process this part of your application and will provide you with a separate notice of decision by 2 September 2020. Charges I have waived any fees associated with your request in accordance with section 107 of the Freedom of Information Act 2016 as you are a Member of the Legislative Assembly. Online publishing – disclosure log Under section 28 of the Act, TCCS maintains an online record of access applications called a disclosure log. Your original access application, my decision and documents will be published in the TCCS disclosure log from 3 days after the date of this decision. Your personal contact details will not be published. You may view the TCCS’ disclosure log at http://www.tccs.act.gov.au/about-us/freedom_of_information. Ombudsman review My decision on your access request is a reviewable decision as identified in Schedule 3 of the Act. You have the right to seek Ombudsman review of this outcome under section 73 of the 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 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 3 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) 6207 2987 or email [email protected]. Yours sincerely Cherie Hughes Information Officer August 2020 4 Dear Freedom of information request: Reference – 20-048 (Part 2) I refer to your application made under the Freedom of Information Act 2016 (the FOI Act) received on 8 August 2020, in which you sought access to the final results for all surveys and polls commissioned or received by the ACT Government since your last request. This may include research performed by Orima Research Pty Ltd, Q&A Market Research, or received as part of a YourSay Community Panel or consultation. As you are aware, I provided you with a notice of decision on part 1 of your access application on 27 August 2020. I thank you for agreeing to an extension until 11 September 2020 to allow for third part consultation to be undertaken. The third party consultation has now been completed. 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. Decision on access In the assessment of documents within the scope of your request, records 22 and 23 were identified to contain information which could be of concern to a third party if disclosed. In accordance with section 38 of the FOI Act, consultation was undertaken, and the third party was provided with an opportunity to contest its disclosure.