DEFENCE FOI 820/23/24
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by ‘AS’, (the applicant), dated and received on
13 April 2024 by the Department of Defence (Defence), for access to the following
documents under the
Freedom of Information Act 1982 (Cth) (FOI Act):
“Please provide a copy of ALL templates used by your Information release teams.
for release of information under the FOI act, Privacy act, APP 12 or other
administrative release scheme including but not limited to:
Allocation of Matter template to DM
ALL Decision Letter Templates used
Refusal template
Acknowledgement Letter Template
Internal Line area request for documentation Email Search template statement of
reasons template Deemed decision template Consult with other agencies template
Unreasonable diversion of resources Right to Appeal decision”
Background
2.
On 15 April 2024, Defence sought the applicant’s clarification regarding the scope of
the request. On 16 April 2024, the applicant provided the following clarification,
stating that they were seeking access to
“the templates used FOI team specifically, as
well as any that are used for any other administrative access information releases
such as APP12 / Privacy Act”.
3.
On 9 May 2024, Defence sought the applicant’s written agreement to extend the
period for dealing with the request until 27 May 2024 in accordance with section
15AA [extension of time with agreement] of the FOI Act. The applicant did not
respond to this request.
4.
On 12 May 2024, Defence applied to the Information Commissioner for an extension
of time to deal with the request until 27 May 2024 in accordance with section 15AB
[extension of time for complex or voluminous requests] of the FOI Act. On
15 May 2024, the Information Commissioner agreed to extend the period for Defence
to deal with the request from 13 May 2024 until 27 May 2024 under section 15AB
[extension of time for complex or voluminous requests] of the FOI Act.
FOI decision maker
5.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
6.
I have identified 73 documents as falling within the scope of the request.
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Decision
7. I have decided to:
a. release 28 documents in full;
b. partially release 45 documents in accordance with section 22 [access to edited
copies with exempt or irrelevant matter deleted] of the FOI Act on the
grounds that the deleted material is considered exempt under section
47E [public interest conditional exemptions - certain operations of agencies]
of the FOI Act; and
C. remove irrelevant material in accordance with section 22 of the FOI Act.
Material taken into account
8.
In making my decision, I have had regard to:
a. the terms of the request;
b. the content of the identified documents in issue;
c. relevant provisions of the FOI Act; and
d. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines).
REASONS FOR DECISION
Section 22 – Access to edited copies with exempt or irrelevant matter deleted
9. Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a
document where the agency has decided to refuse access to an exempt document or that
to give access to a document would disclose information that would reasonably be
regarded as irrelevant to the request for access.
10. The documents contain exempt material and information that does not relate to the
request. I am satisfied that it is reasonably practicable to remove the exempt and
irrelevant material and release the documents to you in an edited form.
Section 47E – Public interest conditional exemptions – certain operations of agencies
11. Section 47E of the FOI Act states:
A document is conditionally exempt if its disclosure under this Act would, or could
reasonably be expected to, do any of the following:
(c) have a substantial adverse effect on the proper and efficient conduct of the
operations of the agency.
12. The Guidelines, at paragraph 6.123, provide that:
The predicted effect must bear on the agency’s ‘proper and efficient’
operations, that is, the agency is undertaking its expected activities in an
expected manner.
13. In the case of ‘ABK’ and Commonwealth Ombudsman [2022] AICmr 44, the
Information Commissioner (IC) found that where the direct email addresses and phone
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numbers of agency staff are not publicly known, they should be conditionally exempt
under section 47E(d). The IC made this determination due to reasonable expectation
that the release of direct contact details would undermine the operation of established
channels of communication with the public. Further, the IC accepted that staff who were
contacted directly could be subject to excessive and abusive communications, which
may give rise to work health and safety concerns.
14. I am satisfied that were the contact details of Defence personnel made publicly
available, it would have substantial adverse effects on the proper and efficient operation
of existing public communication channels. Further, I am satisfied of a reasonable
expectation that the information could be used inappropriately, in a manner which
adversely affects the health, wellbeing and work of Defence personnel. Disclosure of
direct contact details could therefore, reasonably be expected to prejudice the operations
of Defence.
15. The Guidelines provide, at paragraph 6.120, that I should consider whether disclosure of
the information ‘would, or could reasonably be expected to lead to a change in the
agency’s processes that would enable those processes to be more efficient.’ Given that
the direct contact details within the documents are not publicly available and that more
appropriate communication channels are already available, I am satisfied that release of
the information could reasonably be expected to lead to a change in Defence’s processes
that would not lead to any efficiencies.
16. Accordingly, I am satisfied that all staff information contained within the documents is
conditionally exempt under section 47E(d) of the FOI Act.
Public interest considerations – section 47E(d)
17. Section 11A(5) of the FOI Act states:
The agency or Minister must give the person access to the document if it is
conditionally exempt at a particular time unless (in the circumstances)
access to the document at that time would, on balance, be contrary to the
public interest.
18. I have considered the factors favouring disclosure as set out in section 11B(3) [factors
favouring access] of the FOI Act. The relevant factors being whether access to the
document would:
(a) promote the objects of this Act (including all the matters set out in
sections 3 and 3A);
(b) inform debate on a matter of public importance
(c) promote effective oversight of public expenditure.
19. In my view, disclosure of this information would not increase public participation in the
Defence process (section 3(2)(a) of the FOI Act), nor would it increase scrutiny or
discussion of Defence activities (section 3(2)(b) of the FOI Act).
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20. Paragraph 6.22 of the Guidelines specifies a non-exhaustive list of public interest
factors against disclosure. The factors I find particularly relevant to this request are that
release of this information could reasonably be expected to:
• harm the interests of an individual or group of individuals;
• prejudice the protection of an individual’s right to privacy; and
• prejudice the management function of an agency.
21. It is in the public interest that Defence efficiently and productively operates with regard
for the health and wellbeing of its personnel. As I have established above, the release of
the direct contact details of Defence personnel could reasonably be expected to
prejudice the management and personnel management functions of Defence. Existing
communication channels and processes enable efficient and appropriate liaison with the
public. The direct contact details of Defence personnel should therefore, not be
disclosed, as the public interest against their disclosure outweighs the public interest in
their release.
22. I have not taken any of the factors listed in section 11B(4) [irrelevant factors] of the FOI
Act into account when making this decision.
23. I am satisfied, based on the above particulars, the public interest factors against
disclosure outweigh the factors for disclosure, and that, on balance, it is against the
public interest to release the information to you. Accordingly, I find that the information
is exempt under section 47E(d) of the FOI Act.
Digitally signed by
Steven
Steven WILLIAMS 9
WILLIAMS 9 Date: 2024.05.28 17:03:41
+10'00'
Steven Williams
Accredited Decision Maker
Department of Defence
Document Outline
