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APPendixAppendix 8:Freedom of InformationFacilities for Public AccessThe Freedom of Information Act 1989 gives the public thelegal right to:■■■■■■request access to information held by the Department;request amendments to records of a personal naturethat are inaccurate; andrequest a review of a determination, if the applicantis aggrieved.The structure and functions of the Department and howthese functions affect the public are detailed elsewherein this Annual Report and in the Department’s annualStatement of Affairs. Information on the Department’sprograms and activities, publications and its policies canalso be found on the Department’s website at: www.det.nsw.edu.auThe Department regularly publishes updated statisticalinformation on its website at: www.det.nsw.edu.au/reports_stats/stats/index.htm. This includes informationabout matters that have been the subject of previousfreedom of information requests.Information about how the Department provides access tothe documents it holds is available from the Department’swebsite at: www.det.nsw.edu.au/foi/index.htm. This siteincludes information and links to legislation andrelated agencies.Further assistance can be provided by contacting theManager, Freedom of Information Unit, Level 7, 35 BridgeStreet, Sydney 2000, by telephone (02) 9561 8151, byfacsimile (02) 9561 1157 or via email: foi@det.nsw.edu.auStatement of Affairs & Summary of AffairsSection 14 of the Freedom of Information Act 1989requires agencies to publish an up-to-date annualstatement of the affairs in January and a summary ofthe policy documents it holds, twice a year in Juneand December.The Statement of Affairs for 2009 and Summary of Affairsfor June 2009 and December 2009 are published on theDepartment’s website located at: www.det.nsw.edu.au/foi/statement/index.htmAccessing the Department’s DocumentsThe Department’s policies and publications can beaccessed in several ways:■■■■■■■■at the Department’s website under ‘Our Policies’ at:www.det.nsw.edu.auSummary of Affairs is published in the NSW GovernmentGazette located at: www.advertising.nswp.commerce.nsw.gov.au/Gazette/Freedom+of+Information.htmcertain documents are available administratively fromschools, TAFE colleges and Institutes or departmentaloffices; for example, Transcripts of Achievement (a feemay apply in some circumstances)lodging an application under the Freedom ofInformation Act 1989.Access to registered files and administrative reports of aninternal nature which are less than 30 years old and heldby the Department can usually be obtained by lodgingan application under the Freedom of Information Act1989 (subject to any exemptions that may apply). If theinformation sought is personal information, an applicantmay also request access under the Privacy and PersonalInformation Protection Act 1998. Requests under theFreedom of Information Act 1989 for access to documentsmust be in writing, either on an application form or byletter, and accompanied by the $30 application fee.Access to documents over 30 years old, which aregenerally located at the Government Records Repositoryor at State Archives, is governed by departmental accessdirections which ensure open public access except wherethere are specific reasons to restrict it, such as the personalor commercial sensitivity of the information. The StateRecords Authority maintains a public register of accessdirections available for inspection, including those forthe Department.APPENDICES 123
APPendixStatistical information about the Department can also befound at: www.det.nsw.edu.au/reports_stats/stats/index.htmCircumstances and outcomes ofinvestigations or applications for reviewCircumstances and outcomes of investigations orapplications for reviewThere was a 20% decrease in matters to the AdministrativeDecisions Tribunal (ADT) and a 40% decrease in thenumber of Ombudsman reviews in 2009, which is areflection on the quality of the determinations beingmade, including those of internal reviews. Applicantsappear more satisfied with the reasons given, for refusal orpartial access to documents.In 2009, three applications for external review bythe Office of the Ombudsman were finalised. TheOmbudsman’s investigation officers upheld one decisionto refuse access to exempt material and varied anothermatter, resulting in the applicant gaining partial accessto additional documents. The decision on the remainingmatter was varied and the alleged unreasonable chargeswere re-assessed.In 2009, nine external review applications to the ADTwere finalised. For one matter, commenced in 2006,the Department’s decision was upheld. Five matterscommenced in 2007 had their decisions upheld and theappeals dismissed. Of two matters commenced in 2008one had the appeal dismissed and the ADT affirmedthe Department’s decision to refuse amendments ofdocuments in the other. One matter commenced in2009 was withdrawn, as the applicant accepted a redeterminationafter a Planning Meeting.There are currently four review matters before the Tribunal.Two matters were submitted in 2007, one in 2008 andone in 2009. In two of these matters the proceedingswere concluded with the Tribunal reserving its decisionand on the other two matters, the Tribunal is yet to makea decision.Third party consultationIn 2009, the Department consulted 43 people in respectof 32 applications. The majority were consulted relatingto requests for access to information affecting personalaffairs or business affairs. The Department consulted otheragencies in connection with information affecting intergovernmentalrelations in three matters.Internal reviewsIn 2009 there was a 40% increase in the number ofinternal reviews that were received, with 49 in 2009compared to 35 in 2008. Sixteen internal reviews (33%of decisions) resulted in a variation to the original decisionresulting in the applicant obtaining full access or additionaldocuments. Thirty-three reviews (67% of decisions) wereupheld by the reviewer.Overview of major issues arisen duringthe yearApplicationsIn 2009 the Department processed 452 applications. Thisrepresented a 14% increase on the number processed inthe previous year. New applications received increasedby 6.5% to 430 applications. Personal applications (thatis, applications for information pertaining directly to theapplicant and/or their child) continue to constitute themajority of applications received by the Department. In2009 personal applications accounted for 70% of all newapplications. There were fewer applications discontinued;most of these were because the applicant withdrewthe request and four applications were transferred toanother agency. Only 17 applications were refused ordeemed refused.Applicants were, on the whole, highly successful in theirdealings with the Department on FOI matters, with 81%of applicants being granted either access in full or in partto the documents they sought. In 28 of the 414 completed124 APPENDICES
Page 3: List of Tables4.1 Number of Senior
Page 7 and 8: APPendixManagement and leadership d
Page 9 and 10: APPendix■■■■45 staff member
Page 11 and 12: APPendixAppendix 3:Occupational Hea
Page 14 and 15: APPendixAppendix 5:SES PerformanceS
Page 16 and 17: APPendixand central offices to plan
Page 18 and 19: APPendix■■lifting enrolments at
Page 20 and 21: APPendixStrategic outcomes achieved
Page 22 and 23: APPendixeducational and training in
Page 24 and 25: APPendixUnder Mr Graham’s managem
Page 26 and 27: APPendixMr Harmstorf oversaw the de
Page 28 and 29: APPendixPhilip LambertSES Level 5,
Page 30 and 31: APPendixIn 2009 Mr Peddle:■■■
Page 32 and 33: APPendixManagement to deliver a cus
Page 35 and 36: APPendixKey initiatives during 2009
Page 37 and 38: APPendixMembers Position External B
Page 39 and 40: APPendixTable 6.4 Existing Committe
Page 41 and 42: APPendixTAFE NSW Animal Welfare Cou
Page 43 and 44: APPendixVocational Training Tribuna
Page 45: APPendixAppendix 7:Controlled Entit
Page 49 and 50: APPendixThe impact on the budget co
Page 51 and 52: APPendixTable 8.3: Completed Applic
Page 53 and 54: APPendixTable 8.8: Ministerial Cert
Page 55 and 56: APPendixTable 8.17: Numbers Of Revi
Page 57 and 58: APPendixAppendix 10:Ethnic AffairsP
Page 59: APPendix■■providing culturally
Page 62 and 63: APPendixAppendix 11:Disability Plan
Page 64 and 65: APPendixStrategiesStaff of the Depa
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Page 70 and 71: APPendixAppendix 13:Payment of Acco
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Page 74 and 75: APPendixAppendix 16:Waste Reduction
Page 76 and 77: APPendixThe Department’s annual e
Page 78 and 79: APPendixSite Project Scope ResultTA
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Page 82 and 83: APPendixAppendix 21:Consumer Respon
Page 84 and 85: APPendixTable 21.2: AMES complaints
Page 86 and 87: APPendixStatewide auditDirectorate
Page 88 and 89: APPendixTable 22.2: Outcomes of Inv
Page 90 and 91: APPendixThe Transition to Year 7 in
Page 92 and 93: APPendix2004 and the Vocational Edu
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APPendixName of Resource/Publicatio
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APPendixName of Research Funding Al
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APPendixTable 27.3 Research and Dev
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APPendixEstimated Estimated Expendi
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APPendixEstimated Estimated Expendi
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APPendixAppendix 30:Funds Granted t
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APPendixTable 30.3 ACE Vocational E
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APPendixAppendix 31:Code of Conduct
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APPendixGreeting Card Design Awards
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APPendixAppendix 33: ContactsTable
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APPendixAppendix 34:Corporate Credi
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