Defence FOI 820/23/24
Document 1
From:
FOI Case Management
Subject:
Defence FOI xxx/YY/YY - Acknowledgement, due date and disclaimer
s22
Dear <Applicant name>
Acknowledgement
I refer to your correspondence of <DD Month YEAR> seeking access
, on behalf of xxxxx, to documents held by the
Department of Defence (Defence), under the
Freedom of Information Act 1982 (FOI Act). This email is to advise you
that your request has been received and allocated for Case Management.
The scope of your request is:
…insert request details.
Disclaimer
Where staff details are captured in documents within the scope of your FOI request, this information will be
redacted; this includes private email addresses, signatures, personnel (PMKeyS) numbers and mobile telephone
numbers, unless you specifically request such details. Defence excludes duplicates of documents and any documents
sent to or from you. Furthermore, Defence only considers final versions of documents.
Charges Defence may impose a charge for the work involved in providing access to the documents in accordance with the
Freedom of Information (Charges) Regulations 2019. We will notify you if your request attracts a charge. Please note
that there is no charge for documents that contain the personal information of the applicant.
Timeframe
The statutory timeframe to provide you with a decision on your request ends on
< DD Month Year >. This period
may be extended if we need to consult with third parties, or for other reasons. We will advise you if this happens.
[FOR USE DURING DECEMBER/JANUARY] However, please note that Defence is subject to a stand‐down period
from 24 December 2022 to 3 January 2023 (inclusive). We seek your agreement to a 30‐day extension of time under
section 15AA of the FOI Act. If you agree to the extension, the new statutory timeframe to provide you with a
decision will end on
< DD Month Year >.
[FOR USE DURING COVID LOCKDOWNS] – Due to the current ACT COVID‐19 restrictions, there may be delays in
processing your FOI request. We will be in contact if we require your agreement to an extension of time under
section 15AA of the FOI Act. We appreciate your patience and assistance during this time.
Please note that where the due date falls on a Saturday, Sunday or public holiday, the timeframe will expire on the
next working day. This is in accordance with the FOI Guidelines issued by the Office of the Australian Information
Commissioner under section 93A of the FOI Act.
Proof of Identity
In order for us to process your request could you please provide proof of identity as listed below by
DATE.
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Document 1
One certified copy of identification of a primary identity document ‐ Australian driver's license,
passport or birth certificate; and
One certified copy of a secondary identity document ‐ Medicare card, Australian senior’s card or
RSL membership card.
Where necessary, proof of name change may also be required to establish proof of identity.
Disclosure Log
Documents released under the FOI Act may be published on Defence’s disclosure log, located on our website.
Contact Details
We will contact you via the email address you have provided. Please advise if you would prefer us to use an
alternative means of contact.
I am the Case Manager for this request. Should you have any questions relating to your request, please do not
hesitate to contact me via email: xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.
Kind regards
<Insert signature block>
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Defence FOI 820/23/24
Document 2
From:
FOI Case Management
Subject:
Defence FOI xxx/23/24 - Consultation notice of practical refusal substantial and
unreasonable diversion of resources
s22
Dear [
applicant name]
Freedom of information request no. [Insert FOI number]
I refer to your request for access to documents relating to [
subject of request] under the
Freedom of Information Act
1982 (FOI Act)
.
I am writing to tell you that I believe that the work involved in processing your request in its current form would
substantially and unreasonably divert the resources of this agency from its other operations due to its
[size/complexity/broad scope/other]. This is called a ‘practical refusal reason’ (section 24AA).
On this basis, I intend to refuse access to the documents you requested. However, before I make a final decision to
do this, you have an opportunity to revise your request. This is called a ‘request consultation process’ as set out
under section 24AB of the FOI Act. You have 14 days to respond to this notice in one of the ways set out below.
Why the Accredited Decision Maker intends to refuse your request
In your request you sought documents relating to (what are they after eg all documents, materials and information).
Please be advised that approximately XXX documents are covered by the scope of the request. There are
approximately XXX pages contained within those documents. There are also approximately XXX third parties to be
consulted on release of the documents.
Taking the above into consideration, under section 24AA of the FOI Act and for the purposes of section 24 of the FOI
Act, Defence considers that a 'practical refusal reason' exists in relation to your FOI request. Specifically, Defence
considers that the work involved in processing the request in its current form would substantially and unreasonably
divert the resources of the Defence from its other operations. In particular, a very significant amount of resources
would have to be diverted to arrange for the required searches to be undertaken, to then review any documents
that were identified as being possibly relevant to your request. And finally, to undertake the decision making
process on any documents that did meet the parameters of your request.
This diversion would constitute a significant drain on the resources of the agency, and would have an unreasonable,
substantial and adverse effect in the ability of areas to conduct their normal business.
In accordance with section 24AB of the FOI Act, Defence is required to consult with you advising of the intention to
refuse access to your request in its current form.
Request consultation process
You now have an opportunity to revise your request to enable it to proceed.
Revising your request can mean narrowing the scope of the request to make it more manageable or explaining in
more detail the documents you wish to access. For example, by providing more specific information about exactly
what documents you are interested in, our agency will be able to pinpoint the documents more quickly and avoid
using excessive resources to process documents you are not interested in.
Before the end of the consultation period, you must do one of the following, in writing:
withdraw your request
make a revised request
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Defence FOI 820/23/24
Document 2
tell us that you do not wish to revise your request.
The consultation period runs for 14 days and starts on the day after you receive this notice.
During this period, you are welcome to seek assistance from the contact person listed below to revise your request.
If you revise your request in a way that adequately addresses the practical refusal grounds outlined above, we will
recommence processing it. (Please note that the time taken to consult you regarding the scope of your request is
not taken into account for the purposes of the 30 day time limit for processing your request.)
If you do not do one of the three things listed above during the consultation period, your request will be taken to
have been withdrawn.
Kind regards,
[Insert Signature Block]
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Defence FOI 820/23/24
Document 3
From:
FOI Case Management
Subject:
Defence FOI XXX/22/23 - section 24AB - insufficient information to identify
documents consultation notice
Good morning/afternoon,
I refer to your email attached. Unfortunately, in its current form your request is not considered valid under section
15(2)(b) [Requests for access] of the
Freedom of Information Act 1982 (FOI Act) as you have not provided such
specific information concerning the documents as is reasonably necessary to enable a responsible officer of the
agency to identify them.
Section 24(1) of the FOI Act provides that:
(1) If an agency or Minister is satisfied, when dealing with a request for a document that a practical refusal
reason exists in relation to the request (see section 24AA), the agency or Minister:
(a) must undertake a request consultation process (see section 24AB); and
(b) if, after the request consultation process, the agency or Minister is satisfied that the practical
refusal reason still exists—the agency or Minister may refuse to give access to the document in
accordance with the request.
Section 24AA(1) of the FOI Act provides that:
(1) For the purposes of section 24, a practical refusal reason exists in relation to a request for a document if
either (or both) of the following applies:
(a) the work involved in processing the request:
(i) in the case of an agency – would substantially and unreasonably divert the resources of
the agency from its other operations; or
(b) the request does not satisfy the requirement in paragraph 15(2)(b) (identification of documents).
In accordance with section 24AB of the FOI Act, Defence is required to consult with you advising of the intention to
refuse access to your request in its current form.
In accordance with paragraph 24AB(2)(c) of the FOI Act, I am the nominated person with whom you should contact
with a view to agreeing to one of the following options:
a. withdraw your request
b. revise your request; or
c. indicate that you do not wish to revise your request.
In accordance with section 24AB(9) of the FOI Act, Defence is only required to undertake this consultation process
once, and you must contact me within 14 days to discuss.
Accordingly, prior to the Department accepting your request, I seek clarification as to the documents you wish to
obtain.
In particular, I seek clarification as to , but not limited to: <insert what needs to be clarified> THIS PARAGRAPH
NEEDS TO BE AMENDED TO SUIT THE SPECIFIC CIRCUMSTANCES OF THE REQUEST.
The dates/range,
Location,
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Defence FOI 820/23/24
Document 3
Defence Group/s or Service/s responsible,
Title/s or content of files,
Area/unit in defence,
Names of authors, to whom would it have been sent.
I encourage you to contact me so I can assist you in moving forward with your inquiry.
Kind regards,
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Defence FOI 820/23/24
Document 4
Subject:
Defence FOI xxx/yy/yy - Acknowledgement of request for annotation/amendment
Good morning/afternoon <applicant>
I refer to your correspondence, dated <DD Month Year>, in which you sought to amend/annotate XXXXX under
section 48 of the
Freedom of Information Act 1982.
Your request has been referred to the appropriate departmental area for consideration.
The statutory deadline for you to receive a response to your request is: <DD Month Year>.
Should you have any questions relating to your request, please do not hesitate to contact this office via email to
xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.
Regards
<signature block>
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Defence FOI 820/23/24
Document 5
From:
FOI Case Management
Subject:
Defence FOI xxx/YY/YY - Administrative release
s22
Good morning/afternoon <applicant name>,
Ref: FOI xxx/yy/yy
Thank you for your time on the phone this morning / afternoon
As discussed, / I tried to contact you via phone this morning / afternoon to advise that the
[action area] (ie RAAF
Coordinator) has determined they are able to release the document/s you are seeking administratively, outside the
Freedom Of Information (FOI) Act.
Defence endeavours to manage these types of requests administratively, outside the provisions of the FOI Act. If you
agree to your request being processed administratively, can you please respond to this email advising that you
agree
to withdraw your FOI request and have the documents released to you administratively.
There is no review process under an administrative release. Should you not be satisfied with the documents you
have received administratively, you may submit a new FOI request.
If you do not agree to an administrative release, this office will continue to process your request under the FOI Act.
I would be grateful if you could please respond via return email by COB
Day Month Year [2 business days].
Do not hesitate to contact me on the phone number below, should you require any further information.
Kind Regards,
<signature block>
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Defence FOI 820/23/24
Document 6
From:
FOI Case Management
Subject:
Defence FOI request XXX/22/23 Access to be sought administratively
Good morning/afternoon
Thank you for your request under the
Freedom of Information Act 1982 (FOI Act) for access to personnel records
held by the Department of Defence.
Access to personnel records for ex‐serving and current serving members is processed by Defence administratively in
the first instance, outside of the FOI Act.
The following link contains detailed instructions for requesting these records:
https://www.defence.gov.au/about/accessing‐information/personal‐information‐requests.
On the basis that you have not yet requested these records through Defence’s established administrative
process, your request for these records under the FOI Act cannot at this time be processed. This is because
the FOI Act clearly stipulates that a person must not make an FOI request for access to personnel records
unless the person has requested access to the records in accordance with the administrative processes
available to them.
The relevant provisions of the FOI Act are provided below. Please contact me if you have any questions.
15 Requests for access
(1) Subject to section 15A, a person who wishes to obtain access to a document of an agency or an official
document of a Minister may request access to the document.
15A Request for access to personnel records
(1) In this section:
personnel records, in relation to an employee or former employee of an agency, means those documents
containing personal information about him or her that are, or have been, kept by the agency for personnel
management purposes.
(2) Where:
(a) there are established procedures in an agency (apart from those provided for by this Act) in accordance
with which a request may be made by an employee of the agency for access to his or her personnel
records; and
(b) a person who is or was an employee of the agency wishes to obtain access to his or her personnel
records;
the person must not apply under section 15 for access to such records unless the person: (c) has made a request for access to the records in accordance with the procedures referred to in
paragraph (a); and
(d) either:
(i) is not satisfied with the outcome of the request; or
(ii) has not been notified of the outcome within 30 days after the request was made.
Kind regards
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Defence FOI 820/23/24
Document 7
From:
FOI Case Management
Subject:
Defence FOI XXX/22/23 - Notification of extension for third party consultation
Dear <Applicant name>
I refer to your correspondence of <DD Month YEAR>, seeking access under the
Freedom of Information Act 1982 (FOI Act) to the following documents:
…insert request details.
For business: The Accredited Decision Maker has determined that your request includes documents which contain
information about the business, commercial or financial affairs of an organisation, or a person’s business or
professional affairs. In accordance with section 27 of the FOI Act, we are required to consult with the person or
organisation concerned before making a decision on the release of the documents.
For personal: The Accredited Decision Maker has determined that your request includes documents which contain
another individual’s personal information. In accordance with section 27A of the FOI Act, we are required to consult
with that individual before making a decision on the release of the documents.
Section 15(6) of the FOI Act provides for a 30‐day extension to allow for this consultation process. Therefore, the
deadline for providing you with a decision on your request now ends on
<DD Month YEAR>.
Privacy
We are not able to disclose your identity without consent. However, in our experience, third parties will generally be
more likely to object to the release of their information if they do not know who the applicant is.
Please advise if you consent to the FOI Directorate providing your name to third parties for the purpose of this
consultation by: COB <DD Month YEAR>. If we do not hear from you by this date, we will proceed on the basis that
you do not consent to us disclosing your name.
Please contact our office via email: xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx if you have any questions.
Kind regards
<Insert signature block>
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Defence FOI 820/23/24
Document 8
From:
FOI
Subject:
Defence FOI Acknowledgement - Inquiry Number XXXX
Good morning/afternoon,
Thank you for contacting Freedom of Information at the Department of Defence. [Attach applicants FOI request to
this email]
We have received your email and you will be advised of the status of your inquiry by an FOI team member soon.
In order for us to process your request could you please provide proof of identity as listed below by DATE.
One certified copy of identification of a primary identity document ‐ Australian driver's license,
passport or birth certificate; and
One certified copy of a secondary identity document ‐ Medicare card, Australian senior’s card or
RSL membership card.
Where necessary, proof of name change may also be required to establish proof of identity.
Kind regards
[Insert Signature Block]
1
Defence FOI 820/23/24
Document 9
From:
FOI Case Management
Subject:
Defence FOI XXX/YY/YY - FOI Act Third Party Consultation - Personal information
Attachments:
C - FS - Consultation Under section 27A (Personal Information).pdf
s22
Dear <(First name or Rank) Surname>
The Department of Defence has received a request for access to documents under the
Freedom of Information Act
1982 (FOI Act) which seeks access to documents about you / which contain your personal information. A copy of the
documents is/are enclosed.
<Applicant name> has agreed to be identified as the applicant for the purposes of this consultation process. //OR//
The applicant has not provided consent to release their name to you.
Consultation ‐ Personal
Under the FOI Act, where an Australian Government agency receives a request for access to documents containing
another person’s personal information, and the agency believes that the other person may object to the release of
the documents, the agency is required to consult that person before making a decision to grant access. As such, I am
contacting you because the Accredited Decision Maker considers that you may object to the release of the
information contained within the documents.
Under section 27A of the FOI Act you are invited to comment on the release of your personal information, which
means information that could be used to identify you and says something about you. Some information in the
attachment has been left in for context.
Delete highlighted text if no redactions / proposed redactions have been prepared, or remove highlight and adapt.
The areas in the attached documents that are highlighted as proposed redactions, represent material the Accredited
Decision Maker does not intend to release to the applicant, or over which you are not being consulted (such as
other people's information). Defence will consult with other parties whose personal information appears in the
documents where appropriate (Delete last sentence if not relevant). The attached fact sheet provides more
information about this consultation.
Next Steps
Please review the attached documents, and let us know if any of the material in the documents would reveal
information about you that would impact your personal privacy.
If you wish to object to the release of the documents, please let us know, including the reasons why you object, as
this will assist the Accredited Decision Maker in making their decision.
In deciding whether to release the documents, we will consider:
whether the information is well known
whether the information about you is, or was known to be, associated with the matters dealt with in the
document
whether the information is available from publicly accessible sources.
If you wish to object to the release of the documents, please let us know, including the reasons why you object, as
this will assist the ADM in making their decision. Please note that it is not sufficient to simply assert that the release
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Document 9
of the documents would reveal your personal information.
While your comments will be given careful consideration, the final decision about whether to release the documents
rests with the ADM.
Review Rights
If the ADM decides not to accept your objections, you will be provided with rights for a review of the decision. The
documents will not be provided to the applicant until the review process has been finalised, or you indicate that you
do not wish to exercise your rights of review.
If your objections are accepted by the Accredited Decision Maker, we will not contact your further.
Timeframe
To assist the Department to meet its obligations under the FOI Act, please provide your response by
COB XX Month
XXXX. If you do not reply by this time, or you have not been granted an extension of time to provide your response,
the ADM will make a decision in the absence of your advice.
Please return your response to me via email to xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.
Please contact me if you have any queries about this consultation or the FOI process. A copy of the FOI Act can be
found online.
Kind regards
<Insert signature block>
2
Defence FOI 820/23/24
Document 10
From:
FOI Case Management
Subject:
Defence FOI xxx/YY/YY - FOI Act Third Party Consultation - Business information
Attachments:
Section 47 - Trade secrets or commercially valuable information.pdf; Section 47G -
Business information.pdf
s22
Dear <Title> <Surname> / <Company name>
The Department of Defence (Defence) has received a request for access to documents under the
Freedom of
Information Act 1982 (FOI Act) which seeks access to documents about your business/organisation / which contain
your business/organisation’s information. A copy of the documents is/are enclosed.
<Applicant name> has agreed to be identified as the applicant for the purposes of this consultation process. //OR//
The applicant has not provided consent to release their name to you.
Consultation ‐ Business
Under the FOI Act, where an Australian Government agency receives a request for access to documents containing
another business/organisation’s information, and the agency believes that the business/organisation may object to
the release of the documents, the agency is required to consult that business/organisation before making a decision
to grant access. As such, I am contacting you because the Accredited Decision Maker (ADM) considers that you may
object to the release of some of the information contained within the documents.
In accordance with section 27 of the FOI Act, you are invited to comment on the release of your business
information. You may wish to contend that some of the information in the documents should be exempt on the
grounds of business information.
The areas in the attached documents that are covered by a black box represent material the ADM does not intend to
release to the applicant, or information we are not consulting you on. Defence will consult with other parties whose
personal or business information appears in the documents, where appropriate.
Next Steps
Please review the attached documents, and let us know if any of the material in the documents:
contains information that is considered trade secrets or commercially valuable information (section 47 of the FOI
Act)
contains information about your business or professional affairs, or your organisation’s commercial or financial
affairs (section 47G of the FOI Act).
in the case of section 47G, please provide advice about how the release would be contrary to the public interest.
We have attached fact sheets for you about each of the exemptions, and the public interest considerations.
If you wish to object to the release of the documents, please let us know, including the reasons why you object, as
this will assist the ADM in making their decision. Please note that it is not sufficient to simply assert that the release
of the documents would involve a disclosure of your business/organisations’s information about.
While your comments will be given careful consideration, the final decision about whether to release the documents
rests with the ADM.
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Review Rights
If the ADM decides not to accept your objections, you will be provided with rights for a review of the decision. The
documents will not be provided to the applicant until the review process has been finalised, or you indicate that you
do not wish to exercise your rights of review.
If your objections are accepted by the Accredited Decision Maker, we will not contact your further.
Timeframe
To assist Defence meet its obligations under the FOI Act, please provide your response by XX Month XXXX. If you do
not reply by this time, or you have not been granted an extension of time to provide your response, the ADM will
make a decision in the absence of your advice.
Please return your response to me via email to xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.
Please contact me if you have any queries about this consultation or the FOI process. A copy of the FOI Act can be
found via this link.
Kind regards
<Insert signature block>
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Defence FOI 820/23/24
Document 11
Subject:
Freedom of Information (FOI) request XXX/XX/XX - consultation under section 26
of the FOI Act
Dear <Title> <Name>,
The Department of Defence has received a request for access to documents under the
Freedom of Information Act
1982 (FOI Act) which seeks access to documents <summary of scope>. A copy of the documents is/are enclosed.
<Applicant name> has agreed to be identified as the applicant for the purposes of this consultation process. //OR//
The applicant has not provided consent to release their name to you.
Consultation – Commonwealth‐State Relations
Under the FOI Act, where an Australian Government agency receives a request for access to documents affecting
Commonwealth‐State relations, and the agency believes that the relevant State may object to the release of the
documents, the agency is required to consult the authority of the State before making a decision to grant access. As
such, I am contacting you because the Accredited Decision Maker (ADM) considers that you may object to the
release of some of the information contained within the documents.
In accordance with section 26A of the FOI Act, you are invited to comment on the release of attached information.
Section 47B [public interest conditional exemptions ‐ Commonwealth‐State relations] of the FOI Act provides an
exemption if disclosure of the documents would cause damage to the working relations of the Commonwealth and
one or more States. I seek your comments on whether you consider that disclosure of any of the information in the
attached documents would cause such damage to DFES.
The areas in the attached documents that are covered by coloured boxes represent material the ADM does not
intend to release to the applicant. Defence will consult with other parties whose information appears in the
documents, where appropriate.
Next Steps
Please review the attached documents, and let us know if any of the material in the documents:
contains information that, if released, would:
‐
cause damage to relations between the Commonwealth and WA
‐
divulge information or matter communicated in confidence to the Commonwealth
provide advice about how the release would be contrary to the public interest.
If you wish to object to the release of the documents, please let us know, including the reasons why you object, as
this will assist the ADM in making their decision. Please note that it is not sufficient to simply assert that the release
of the documents would involve a disclosure of your State agency’s information.
While your comments will be given careful consideration, the final decision about whether to release the documents
rests with the ADM.
Review Rights
If the ADM decides not to accept your objections, you will be provided with rights for a review of the decision. The
documents will not be provided to the applicant until the review process has been finalised, or you indicate that you
do not wish to exercise your rights of review.
If your objections are accepted by the ADM, we will not contact your further.
Timeframe
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Document 11
To assist the Department to meet its obligations under the FOI Act, please provide your response by
COB XX Month
XXXX. If you do not reply by this time, or you have not been granted an extension of time to provide your response,
the ADM will make a decision in the absence of your advice.
Please return your response to me via email to xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.
Please contact me if you have any queries about this consultation or the FOI process. A copy of the FOI Act can be
found online.
Kind Regards,
<Insert signature block>
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Document 12
Subject:
FOI XXX/17/18 - Notification of extension for foreign government consultation -
s15(7)
Good morning/afternoon <applicant>,
1.
I refer to FOI XXX/17/18, in which you sought access, under the
Freedom of Information Act 1982 (FOI Act),
to documents relating to (paraphrase or include scope).
2.
On
<date>, following your payment of the deposit towards the FOI processing charges, we notified you that
the statutory deadline for a response to this request was <date>.
3.
Your request was forwarded to <XXX> Group for consideration. <Name>, Accredited Decision Maker
<Group> Group has advised that your request covers documents which contain information relating to a foreign
government.
4.
<Name> has determined that there is requirement to consult the foreign government in accordance with
section 15(7) of the FOI Act, before making a decision on the release of the documents.
5.
Subsection 15(8) of the FOI Act provides for an extension of 30 days to the statutory time limit for processing
requests. Therefore, the deadline for providing you with the decision on your request is now
<date>.
6.
I would be grateful if you could confirm if the FOI Directorate could disclose your identity as the applicant to
the third party for the purpose of consultation.
7.
In the past consultation with foreign governments has taken a considerable amount of time. While we will
endeavour to progress this matter in a timely manner, I wish to foreshadow that I may be required to contact you to
seek a further extension, in accordance with section 15AA of the FOI Act.
8.
Should you have any questions relating to your request, please do not hesitate to contact me.
Yours sincerely,
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Document 13
From:
FOI Case Management
Sent:
Monday, 5 November 2018 10:33 AM
Subject:
Defence FOI Request xxx/YY/YY – Decision/Decision and documents
s22
Dear <Applicant>
Please find attached the Decision <and documents> relating to Defence FOI XXX/YY/YY. A schedule of documents is
also attached.
Third party consultation (Remove section if redundant)
As advised on <DD Month YYYY>, the decision maker decided to consult with a third party/third parties regarding
their information in the document/s. In response to the consultation, the third party/some/all of the third parties
has/have objected to the release of some/all of the information in the document/s.
The decision maker does not agree with some/all of the third party/ies’ objections. In accordance with section
27A(5) [decision to give access] of the FOI Act, I am now required to advise the third party/ies of the decision
maker’s decision to release some/all of the information to which they have objected. The third party/ies now have
until <DD Month YYYY> to appeal the decision. The Department is prevented from providing the document/s to you
until the results of all review or appeal provisions are known under section 27A(6) [access not to be given until
review or appeal opportunities have run out] of the FOI Act. Document/s can only be provided when all review
rights have been exercised. I will write to you after <DD Month YYYY> to inform you of the outcome of the review
process.
FOI Disclosure Log (Remove section for documents containing personal or business information)
In accordance with the requirements of section 11C of the FOI Act, Defence is required to publish details of
information released under the FOI Act. Defence publishes identified documents relating to finalised requests within
ten working days of receipt by the applicant. Defence will also publish the statement of reasons with privacy
deletions.
Review Rights
If you disagree with the decision made by the Department of Defence or the Minister under the
Freedom of
Information Act 1982 (the FOI Act), you can ask for the decision to be reviewed. You may want to seek review if you
sought certain documents and were not given full access, if your application to have your personal information
amended was not accepted or your comments in response to formal consultation were not accepted.
You must apply in writing and should include a copy of the notice of the decision provided and the points to which
you are objecting and why. You may apply directly to the Information Commissioner, within 60 days of receiving
your decision.
Further information about the external review process or how to make a complaint to the Information
Commissioner is available:
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Document 13
Online: www.oaic.gov.au
Post: GPO Box 5218 Sydney NSW 2000
Email: xxxxxxxxx@xxxx.xxx.xx
Regards
<SIGNATURE BLOCK>
2
Defence FOI 820/23/24
Document 14
From:
FOI Case Management
Sent:
Monday, 5 November 2018 10:33 AM
Subject:
Defence FOI Request xxx/YY/YY – Decision/Decision and documents
Attachments:
C - FS - Applicant review rights.pdf
s22
Dear <Applicant>
Please find attached the Decision <and documents> relating to Defence FOI XXX/YY/YY. A schedule of documents is
also attached.
Under section 54 of the FOI Act, you are entitled to request a review of this decision. Your review rights are
attached
.
Receipt of documents (remove if not relevant)
Please let me know how you would like to receive the documents being released to you under the FOI Act. You may:
nominate a support person to receive the documents on your behalf,
elect to receive the documents by registered post, or
elect to receive the documents by email.
Support services (tailor as relevant)
APS employees can obtain help and advice on dealing with difficult matters through the Defence Employee
Assistance Program by calling Converge International on 1300 687 327.
ADF members and their families can access a range of support services through the Defence Community
Organisation and via the Defence Family Hotline on 1800 624 608. Refer to https://www.defence.gov.au/adf‐
members‐families to learn more about the support services available.
Regards
<SIGNATURE BLOCK>
1
Defence FOI 820/23/24
Document 15
7.
On [INSERT DATE SECTION 24AB CONSULTATION NOTICE SENT], Defence
formally consulted with the applicant in accordance with section 24AB of the FOI
Act.
8.
On [INSERT DATE], the applicant [SELECT ONE] revised the scope of the request
or refused to revise the scope of the request.
FOI decision maker
9.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
10.
I have identified [INSERT NO.] documents as falling within the scope of the request.
11.
The decision in relation to each document is detailed in the schedule of documents.
Exclusions
12.
Personal email addresses, signatures, PMKeyS numbers and mobile telephone
numbers contained in documents that fall within the scope of the FOI request,
duplicates of documents, and documents sent to or from the applicant are excluded
from this request. Defence has only considered final versions of documents.
Decision
13.
I have decided to:
Options (retain and tailor those most relevant):
a. release x document(s) in full;
b. partially release x document(s) 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(s) XX(x) [
insert
full name of the section exactly as it appears in the legislation] of the FOI
Act;
c. refuse access to x document(s) on the grounds that the document(s) is/are
considered exempt under section XX(x) [
insert full name of the section exactly
as it appears in the legislation] of the FOI Act;
d. refuse the request
or [PART OF/ITEM XX] of the request under section 24A
[requests may be refused if documents cannot be found, do not exist or have not
been received] of the FOI Act;
e. refuse the request under section 24(1)(b) [power to refuse request – diversion of
resources etc.] of the FOI Act; and
f. remove irrelevant material in accordance with section 22 of the FOI Act.
Material taken into account
14.
In making my decision, I have had regard to:
Defence FOI 820/23/24
Document 15
(ii) does not exist.
22.
Paragraph 3.94 of the Guidelines advises the detail this statement of reasons should
include to refuse a request under section 24A(l):
…the statement of reasons given to the applicant should sufficiently identify the document, explain
why it cannot be found or is known not to exist or to be in the agency’s possession, describe the
steps the agency took to search for the document, and note the limitations of any search…
23.
To ensure that all reasonable steps have been taken in relation to this request, every
reasonable avenue of locating potential documents matching [Item(s) X / and Y] [have
/ has] been exhausted.
24.
In relation to [PART OF/ITEM XX] of the request…
Detail the searches undertaken and what they revealed/why the document is
known not to exist.
Must address the dates of the searches, the search parameters,
time taken to conduct the search and whether any relevant backups were examined.
e.g. ‘the Defence Records Management System Objective was searched for files
containing the words XXXX. No records were found matching the applicant’s scope.’
25.
I am satisfied that all reasonable steps have been taken to locate the document/s sought
by the applicant. I am satisfied that the document/s cannot be found or do not exist,
and refuse the request under section 24A(1) of the FOI Act.
Section 33(a)(i) – Documents affecting national security, defence or international relations
26.
Section 33(a)(i) of the FOI Act states:
A document is an exempt document if disclosure of the document under this Act:
(a) would, or could reasonably be expected to, cause damage to:
(i) the security of the Commonwealth
27.
In regard to the terms ‘would, or could reasonably be expected to’ and ‘damage’, the
Guidelines provide:
5.16 The test requires the decision maker to assess the likelihood of the predicted or forecast event,
effect or damage occurring after disclosure of a document.
5.17 The use of the word ‘could’ in this qualification is less stringent than ‘would’, and requires
analysis of the reasonable expectation rather than certainty of an event, effect or damage occurring.
It may be a reasonable expectation that an effect has occurred, is presently occurring, or could
occur in the future.
…
5.31 The meaning of ‘damage’ has three aspects:
i. that of safety, protection or defence from something that is regarded as a danger. The AAT
has given financial difficulty, attack, theft and political or military takeover as examples.
ii. the means that may be employed either to bring about or to protect against danger of that
sort. Examples of those means are espionage, theft, infiltration and sabotage.
iii. the organisations or personnel providing safety or protection from the relevant danger are
the focus of the third aspect.
Defence FOI 820/23/24
Document 15
28.
In regard to ‘security of the Commonwealth’, the Guidelines provide at paragraph
5.29:
The term ‘security of the Commonwealth’ broadly refers to:
(a) the protection of Australia and its population from activities that are hostile to, or subversive
of, the Commonwealth’s interests
(b) the security of any communications system or cryptographic system of any country used for
defence or the conduct of the Commonwealth’s international relations (see definition in s 4(5)).
29.
Provide the evidence you relied on to make this decision
e.g. the report identifies tactical movements and patterns used by the RAAF.
30.
I have identified material in the documents which, upon release, could reasonably be
expected to cause damage to the security of the Commonwealth by …
[Explain your
reasons for making this decision, including how or why damage could be caused to
the security of the Commonwealth]
31.
Accordingly, I am satisfied the [documents/information] is exempt under section
33(a)(i) of the FOI Act.
Section 33(a)(ii) – Documents affecting national security, defence or international
relations
32.
Section 33(a)(ii) of the FOI Act states:
A document is an exempt document if disclosure of the document under this Act:
(a) would, or could reasonably be expected to, cause damage to:
(ii) the defence of the Commonwealth
33.
In regard to the terms ‘would, or could reasonably be expected to’ and ‘damage’, the
Guidelines provide:
5.16 The test requires the decision maker to assess the likelihood of the predicted or forecast event,
effect or damage occurring after disclosure of a document.
5.17 The use of the word ‘could’ in this qualification is less stringent than ‘would’, and requires
analysis of the reasonable expectation rather than certainty of an event, effect or damage occurring.
It may be a reasonable expectation that an effect has occurred, is presently occurring, or could
occur in the future.
…
5.31 The meaning of ‘damage’ has three aspects:
i. that of safety, protection or defence from something that is regarded as a danger. The AAT
has given financial difficulty, attack, theft and political or military takeover as examples.
ii. the means that may be employed either to bring about or to protect against danger of that
sort. Examples of those means are espionage, theft, infiltration and sabotage.
iii. the organisations or personnel providing safety or protection from the relevant danger are
the focus of the third aspect.
Defence FOI 820/23/24
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34.
In regard to ‘defence of the Commonwealth’, the Guidelines, at paragraph 5.34, refer
to previous Administrative Appeals Tribunal (AAT) decisions which provide that the
term includes:
a. meeting Australia’s international obligations;
b. ensuring the proper conduct of international defence relations;
c. deterring and preventing foreign incursions into Australian territory; and
d. protecting the Defence Force from hindrance or activities which would prejudice
its effectiveness.
35.
I have identified material in the documents which, upon release, would cause, or could
reasonably be expected to cause, damage to the defence of the Commonwealth. The
documents
identify/explain/show…. [Provide the evidence you relied on in making
your decision to use this exemption].
36.
Explain how/why damage to the defence of the commonwealth could occur based
on the evidence you provided above. You must address how the release of the
document will likely cause the damage claimed.
(Note: ‘Defence of the Commonwealth’ is not defined in the Act, but has been held to
include meeting Australia’s international obligations, ensuring the proper conduct of
international defence relations, deterring and preventing foreign incursions into
Australian territory and protecting the Defence Force from hindrance or activities
which would prejudice its effectiveness.)
37.
Accordingly, I am satisfied that the [documents/information] is exempt under section
33(a)(ii) of the FOI Act.
Section 33(a)(iii) – Documents affecting national security, defence or international
relations
38.
Section 33(a)(iii) of the FOI Act states:
A document is an exempt document if disclosure of the document under this Act:
(a) would, or could reasonably be expected to, cause damage to:
(iii) the international relations of the Commonwealth
39.
In regard to the terms ‘would, or could reasonably be expected to’ and ‘damage’, the
Guidelines provide:
5.16 The test requires the decision maker to assess the likelihood of the predicted or forecast event,
effect or damage occurring after disclosure of a document.
5.17 The use of the word ‘could’ in this qualification is less stringent than ‘would’, and requires
analysis of the reasonable expectation rather than certainty of an event, effect or damage occurring.
It may be a reasonable expectation that an effect has occurred, is presently occurring, or could
occur in the future.
…
5.31 The meaning of ‘damage’ has three aspects:
i. that of safety, protection or defence from something that is regarded as a danger. The AAT
has given financial difficulty, attack, theft and political or military takeover as examples.
Defence FOI 820/23/24
Document 15
ii. the means that may be employed either to bring about or to protect against danger of that
sort. Examples of those means are espionage, theft, infiltration and sabotage.
iii. the organisations or personnel providing safety or protection from the relevant danger are
the focus of the third aspect.
40.
In regard to ‘international relations’, the Guidelines provide at paragraph 5.36:
The phrase ‘international relations’ has been interpreted as meaning the ability of the Australian
Government to maintain good working relations with other governments and international
organisations and to protect the flow of confidential information between them. The exemption is
not confined to relations at the formal diplomatic or ministerial level. It also covers relations
between Australian Government agencies and agencies of other countries.
41.
I find that disclosure of the documents exempted under section 33(a)(iii) of the FOI
Act would cause, or could reasonably be expected to cause, damage to the
international relations of the Commonwealth. The documents
[identify/explain/
show]… [Provide the evidence you relied on in making your decision to use this
exemption].
42.
Explain how/why damage to the international relations of the commonwealth
could occur based on the evidence you provided above.
(Must address how the release of the document will likely cause the damage claimed.
Note ‘International relations’ has been interpreted as meaning the ability of the
Australian Government to maintain good working relations with other governments
and international organisation and to protect the flow of confidential information
between them, including relations between government agencies. The expectation of
damage to international relations must be reasonable in all the circumstances, having
regard to the nature of the information, the circumstances in which it was
communicated, and the nature and extent of the relationship. There must be real and
substantial grounds for the conclusion that are supported by evidence. Further, loss of
trust and confidence in Australian government or one of its agencies is a speculative
damage which meets the threshold for damage.)
43.
Accordingly, I am satisfied that the [documents/information] is exempt under section
33(a)(iii) of the
FOI Act.
Section 33(b) – Documents affecting national security, defence or international relations
44.
Section 33(b) of the FOI Act states:
A document is an exempt document if disclosure of the document under this Act:
(b) would divulge any information or matter communicated in confidence by or on behalf of a
foreign government, an authority of a foreign government or an international organization to
the Government of the Commonwealth, to an authority of the Commonwealth or to a person
receiving the communication on behalf of the Commonwealth or of an authority of the
Commonwealth.
45.
I find that disclosure of the documents exempted under section 33(b) of the FOI Act
would divulge information or matter communicated in confidence by or on behalf of a
[
Option (choose one): foreign government
OR an authority of a foreign government
OR an international organisation] to [
Options (choose one): the Government of the
Commonwealth
OR an authority of the Commonwealth
OR a person receiving the
Defence FOI 820/23/24
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communication on behalf of the Commonwealth]. In making this decision… [
Provide
the evidence you relied on in making the decision to exempt the material/document.]
46.
Provide your reasons for making this decision, including how the
information/document divulge information of a foreign government to the
Commonwealth.
(Must address how the information was communicated in confidence. Consider
whether the information is, in fact, confidential in character and whether it was
communicated in circumstances importing an obligation of confidence.)
47.
Accordingly, I am satisfied that the [documents/information] is exempt under section
33(b) of the FOI Act.
Section 38 – Documents to which secrecy provisions of enactments apply
48.
Section 38 of the FOI Act states, in part:
(1) Subject to subsection (1A), a document is an exempt document if:
(a) disclosure of the document, or information contained in the document, is prohibited under
a provision of an enactment…; and
(b) either:
(i) that provision is specified in Schedule 3; or
(ii) this section is expressly applied to the document, or information, by that provision, or
by another provision of that enactment or law or any other enactment….
…
(2) Subject to subsections (3) and (3A), if a person requests access to a document, this section does
not apply in relation to the document so far as it contains personal information about the person.
…
49.
Schedule 3 of the FOI Act identifies the secrecy provisions applicable to section 38,
which states, in part:
Schedule 3 – Secrecy provisions
Defence (Inquiry) Regulations, subregulation 63(2).
50.
Relevantly, the Guidelines, at paragraph 5.121, provide:
Section 38 does not apply to documents in so far as they contain personal information about the
applicant (s 38(2)). The exception applies only to personal information about the applicant and not
to 'mixed personal information', that is, personal information about the applicant which, if disclosed,
would also reveal personal information about another individual. If the FOI applicant's information
can be separated from any third party personal information, the FOI applicant's information will
not be exempt under s 38(1) and can be disclosed. The decision maker may consider providing
access to an edited copy (s 22).
Options (select from below as appropriate):
If IOI conducted under the 2018 Regulations:
51.
There are XX documents which contain information from an Inquiry Officer Inquiry
appointed pursuant to the
Defence (Inquiry) Regulations 2018 (the Regulations), and it
Defence FOI 820/23/24
Document 15
is appropriate to consider what effect this may have on the release of these documents
under the FOI Act.
52.
Section 79(2) of the Regulations prescribes the continued application of regulation 63
of the 1985 Regulations. Section 79(3) of the Regulations applies the protection of
section 38 of the FOI Act to inquiry information protected by the 1985 Regulations.
53.
Sub-regulation 71 of the Regulations expressly applies section 38 of the FOI Act to
Inquiry Officer Inquiry records and Inquiry Officer Inquiry reports.
OR
If COI conducted under the 1985 Regulations:
54.
There are XX documents which contain information from a Court of Inquiry
appointed pursuant to the
Defence (Inquiry) Regulations 1985 (1985 Regulations), and
it is appropriate to consider what effect this may have on the release of these
documents under the FOI Act.
55.
On 18 June 2013, the 1985 Regulations were amended. The provisions previously
applied by sub-regulation 63(2) are now provided for under sub-regulation 63(1) of
the 1985 Regulations. On 15 March 2018, the Regulations were enacted, repealing the
1985 Regulations.
56.
Section 78(2) of the Regulations prescribes the continued application of regulation 63
of the 1985 Regulations. Section 78(3) of the Regulations applies the protection of
section 38 of the FOI Act to Court of Inquiry information protected by the 1985
Regulations.
57.
Sub-regulation 42 of the Regulations expressly applies section 38 of the FOI Act to
Court of Inquiry records and Court of Inquiry reports.
OR
If IGADF inquiries conducted prior to 1 October 2016:
58.
There are XX documents which contain information from an IGADF inquiry
appointed pursuant to the
Defence (Inquiry) Regulations 1985 (1985 Regulations), and
it is appropriate to consider what effect this may have on the release of these
documents under the FOI Act.
59.
On 18 June 2013, the 1985 Regulations were amended. The provisions previously
applied by sub-regulation 63(2) are now provided for under sub-regulation 63(1) of
the 1985 Regulations. On 15 March 2018, the Regulations were enacted, repealing the
1985 Regulations.
60.
Section 84(1)(c) of the Regulations prescribes the continued application of regulation
63 of the 1985 Regulations. Section 84(2) of the Regulations applies the protection of
section 38 of the FOI Act to IGADF inquiry information protected by the 1985
Regulations.
Options (select ONE):
61.
In considering the documents identified as meeting the scope of the applicant’s
request, I have identified a considerable amount of information that I consider to be
mixed personal information which cannot be separated from other parties. I have
Defence FOI 820/23/24
Document 15
decided not to release this information, in accordance with section 38(1) of the FOI
Act. I have provided further consideration below at, ‘Section 47F – ‘Public interest
conditional exemptions - personal privacy’ OR
62.
As there is no personal information of the applicant within the identified documents, I
am satisfied these documents are exempt under section 38(1) of the FOI Act.
Section 42 – Documents subject to legal professional privilege
63.
Section 42(1) of the FOI Act states:
A document is an exempt document if it is of such a nature that it would be privileged from
production in legal proceedings on the ground of legal professional privilege.
64.
I find that XX documents contain legal advice which would be privileged from
production in legal proceedings on the ground of legal professional privilege (LPP).
65.
The Guidelines provide, at paragraph 5.129, that in considering whether LPP exists,
the following factors should be considered:
•
whether there is a legal adviser-client relationship
•
whether the communication was for the purpose of giving or receiving legal advice, or use
in connection with actual or anticipated litigation
•
whether the advice given is independent
•
whether the advice given is confidential
66.
I am satisfied that the legal adviser-client relationship had been established, as the
advice was provided by lawyers, who were acting in their capacity as independent
professional advisers.
67.
I am satisfied that the specific material contained in the documents was created for the
dominant purpose of [
Option (choose one): giving or receiving legal advice
OR use in
actual or anticipated litigation], and that advice was provided independently. I also
note there is no evidence to suggest that privilege has been waived by the client or the
legal adviser.
68.
Finally, I am satisfied the advice was provided in confidence given the disseminating
legal marker attached to the documents. Further, I note that while the material in
question is contained in documents being disclosed to more than one person in
Defence, I have considered that this is to be expected due to the nature of the work
undertaken. This matter of disclosure within an organisation is discussed at paragraph
5.148 of the Guidelines, which provides that
‘[m]odern organisations often work in
teams and several people may need to know about privileged communications…’.
69.
Accordingly, I am satisfied that the documents/information is exempt under section 42
of the FOI Act.
Section 47C – Public interest conditional exemptions - deliberative processes
70.
Section 47C(1) of the FOI Act states:
(1) A document is conditionally exempt if its disclosure under this Act would disclose matter
(deliberative matter) in the nature of, or relating to, opinion, advice or recommendation
Defence FOI 820/23/24
Document 15
obtained, prepared or recorded, or consultation or deliberation that has taken place, in the
course of, or for the purposes of, the deliberative processes involved in the functions of:
(a) an agency; or
(b) a Minister; or
(c) the Government of the Commonwealth.
71.
Provide the evidence you relied on in making the decision to apply this exemption
72.
Explain the reasons for making the decision to apply this exemption
73.
Explain how the effect of the disclosure would be substantial and adverse
74.
Section 47C(2)(b) of the FOI Act provides that deliberative matter does not include
purely factual material. The Guidelines, at paragraph 6.73, state that:
[p]urely factual material’ does not extend to factual material that is an integral part of the
deliberative content and purpose of a document, or is embedded in or intertwined with the
deliberative content such that it is impractical to excise it.
75.
Accordingly, I am satisfied that the documents/information contains matter that meets
the definition of deliberative material, and that where the content is purely factual, it is
embedded in, or intertwined with the deliberative content and cannot be excised.
Therefore, I have decided that the relevant information is conditionally exempt under
section 47C of the
FOI Act.
Section 47E(c) – Public interest conditional exemptions – certain operations of agencies
76.
Section 47E(c) 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 management or assessment of personnel by the
Commonwealth or by an agency
77.
The Guidelines provide, at paragraph 6.113, that:
W
here the document relates to the agency’s policies and practices relating to the assessment and
management of personnel, the decision maker must address both elements of the conditional
exemption in s 47E(c), namely, that:
•
an effect would reasonably be expected following disclosure
•
the expected effect would be both substantial and adverse.
78.
I find that the material/document specified relates to …
Option (choose ONE to finish sentence):
a) the management of personnel – including the broader human resources
policies and activities, recruitment, promotion, compensation, discipline,
harassment and occupational health and safety because…;
OR
Defence FOI 820/23/24
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b) the assessment of personnel – including the broader performance
management policies and activities concerning competency, in-house
training requirements, appraisals and underperformance, counselling,
feedback, assessment for bonus or eligibility for progression because...
Provide your reasons for applying this exemption. e.g. … upon assessment of the document I found that it contained information concerning the
management and behaviour of personnel including [description of information]. 79.
Releasing the information potentially identifying individuals involved in the
investigation, information detailing how the investigation was conducted and who
conducted the investigation could reasonably be expected to have a substantial
adverse effect on Defence’s management of investigations. Maintaining the integrity
of the investigation is paramount. Releasing details about the investigation could
adversely affect Defence’s ability to conduct future investigations if employees felt
Defence lacked integrity with respect to protecting the confidentiality of investigation
records; thus affecting the proper and efficient conduct of the operations of Defence.
80.
Based on my consideration of the above I am of the view that release of third party
interviews, findings and recommendations would have a substantial adverse effect on
the individuals, management and assessment of personnel, and the efficient and
proper conduct of the operations of Defence.
81.
Accordingly, I am satisfied that the documents/information is conditionally exempt
under section 47E(c) of the FOI Act.
Section 47E(d) –Public interest conditional exemptions – certain operations of agencies
82.
Section 47E(d) 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:
(d) have a substantial adverse effect on the proper and efficient conduct of the operations of
the agency.
83.
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.
Option: If removing staff personal/contact information
84.
In the case of ‘
ABK’ and Commonwealth Ombudsman [2022] AICmr 44, the
Information Commissioner (IC) found that where the direct email addresses and phone
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.
Defence FOI 820/23/24
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85.
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 names, email addresses and phone numbers could, therefore, reasonably
be expected to prejudice the operations of Defence.
86.
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 document/s 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.
87.
Accordingly, I am satisfied that all staff information contained within the documents
is conditionally exempt under section 47E(d) of the FOI Act.
88.
Explain the evidence you relied on in making your decision to apply this
exemption
e.g. the information was gathered as part of an investigative process where personnel
were interviewed voluntarily with an expectation of confidentiality.
89.
Explain how disclosure of the document/material would substantially adversely
affect the conduct of operations of the agency
e.g. Army would lose the ability to gather information at the level and quality that is
currently available in day to day operations.
90.
The Guidelines provide, at paragraph 6.120, that I should consider whether disclosure
of the documents/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 [
insert brief explanation of why these documents would not lead to a
efficient change e.g. the nature of the documents], I am satisfied that release of the
documents/information could reasonably be expected to lead to a change in Defence’s
processes that would not lead to any efficiencies.
91.
Accordingly, I am satisfied that the documents/information is conditionally exempt
under section 47E(d) of the FOI Act.
Section 47F – Public interest conditional exemptions - personal privacy
92.
Section 47F(1) of the FOI Act states:
A document is conditionally exempt if its disclosure under this Act would involve the
unreasonable disclosure of personal information about any person (including a deceased
person).
93.
The FOI Act shares the same definition of ‘personal information’ as the
Privacy Act
1988 (Cth). The Guidelines provide that:
Defence FOI 820/23/24
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6.128 Personal information means information or an opinion about an identified individual, or an
individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
94.
I found that the information/document/s contain personal information of [
another]
person/s. This includes their
[list – eg. names, training information, qualifications]
which would reasonably identify a third party/parties.
95.
In my assessment of whether the disclosure of personal information is unreasonable, I
considered the following factors in accordance with section 47F(2):
a. the extent to which the information is well known;
b. whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt with in the document;
c. the availability of the information from publicly accessible sources;
d. the effect the release of the personal information could reasonably have on the
third party; and
e. [add any other evidence you relied on in making the decision to apply this
exemption].
96.
Explain your reasons for using this exemption
e.g. I found that the specific personal information listed is not well known, individuals
whose personal information is contained in the documents are not widely known to be
associated with the matters dealt with in the document and the information is not
readily available from publicly accessible sources.
97.
Accordingly, I am satisfied that the documents/information is conditionally exempt
under section 47F of the FOI Act.
Section 47G – Public interest conditional exemptions – business
98.
Section 47G(1)(a) of the FOI Act states:
(1) A document is conditionally exempt if its disclosure under this Act would disclose
information concerning a person in respect of his or her business or professional affairs or
concerning the business, commercial or financial affairs of an organisation or undertaking,
in a case in which the disclosure of the information:
(a) would, or could reasonably be expected to, unreasonably affect that person
adversely in respect of his or her lawful business or professional affairs or that
organisation or undertaking in respect of its lawful business, commercial or financial
affairs.
99.
I note that the use of the word ‘could’ in this provision requires only reasonable
consideration of the possibility that disclosure may cause the consequences specified.
100. The Guidelines explain, at paragraph 6.188:
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The test of reasonableness applies not to the claim of harm but to the objective assessment
of the expected adverse effect….These considerations require a weighing of a public
interest against a private interest, preserving the profitability of a business, but at this stage
it bears only on the threshold question of whether the disclosure would be unreasonable.
101. The Guidelines also state, at paragraph 6.184:
The operation of the business information exemption depends on the effect of disclosure
rather than the precise nature of the information itself. Nevertheless, the information in
question must have some relevance to a person in respect of his or her business or
professional affairs or to the business, commercial or financial affairs of an organisation
or undertaking (s 47G(1)(a)).
102. The Guidelines go on to provide, at paragraph 6.192, ‘[t]he term ‘business affairs’ has
been interpreted to mean ‘the totality of the money-making affairs of an organisation
or undertaking as distinct from its private or internal affairs’.
103.
Explain your reasons for using this exemption
e.g. If a document is generated with the names of the organisations which are being
investigated for noncompliance, it is reasonable to expect that the release of that
information would unreasonably affect their business affairs in the following adverse
ways:
a.
It would adversely impact the organisations reputation and therefore
reduce their cliental; which in turn will directly impact the
organisation’s ‘money making affairs’; and
b.
Provide a competitive advantage to competitors who would use the
information to capture the market which would impact the organisations
‘money making affairs.’
104. Accordingly, I am satisfied that the documents/information is conditionally exempt
under section 47G(1)(a) of the FOI Act.
Public interest considerations - sections 47C, 47E(c), 47E(d), 47F and 47G
105. 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.
106. 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;
(d) allow a person to access his or her own personal information.
Defence FOI 820/23/24
Document 15
107. 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).
108. 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 prejudice:
Option (retain relevant considerations from below):
• the protection of an individual’s right to privacy;
• the interests of an individual or a group of individuals;
• an agency’s ability to obtain confidential information;
• an agency’s ability to obtain similar information in the future;
• the management function of an agency; and
• the personnel management function of an agency.
109.
Explain your reasons why each of the above factors against disclosure apply and
how this outweighs the factors for disclosure.
Option: If removing staff personal/contact information under s 47E(d)
110. 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 at
paragraph 77, the release of the names, email addresses and phone numbers of
Defence personnel can 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.
111. 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.
112. 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 sections [
INSERT RELEVANT SECTION NO.] of the FOI
Act.
FURTHER INFORMATION
Option: Retain or tailor paras below, where relevant
113. Include in this section any additional information that the applicant should be made
aware of. This may include why documents were not found, why documents were not
created to begin with etc.
Defence FOI 820/23/24
Document 15
114. A number of the documents matching the scope of this request were classified. I have
declassified the versions of the documents that are approved for release.
115. Some of the documents matching the scope of this request contained a dissemination
limiting marker (DLM). Where documents have been approved for public release, the
DLM has been struck through.
[Insert Signatory Name]
Accredited Decision Maker
[INSERT GROUP/SERVICE]
Department of Defence
Defence FOI 820/23/24
Document 17
From:
FOI Case Management
To:
Enterprise Web
Subject:
Due date: XX/XX/2024 - FOI XXX/23/24 - Documents for publication on FOI
Disclosure Log
s22
__________________________________
Dear Enterprise Web,
Please see attached documents for a finalised FOI decision that has been approved for publication on the FOI
Disclosure Log.
I would be grateful if this could be arranged for publication
on XX Month 2024.
Title (appropriate for the internet
Insert title
without abbreviations)
FOI reference no
XXX/23/24
Date of access (documents received XX/XX/2024
by applicant)
Agency
Highlight applicable decision maker
‐
Department of Defence
‐
Office of the Minister for Defence
No documents to be added (entry
For access to the document please email
on disclosure log only)
xxx@xxxxxxx.xxx.xx
Thank you and regards
[Signature Block]
1
Defence FOI 820/23/24
Document 18
From:
FOI Case Management
Sent:
Friday, 26 June 2020 7:43 AM
Subject:
Defence FOI XXX/YY/YY - Notification of extension for third party consultation
Good morning/afternoon <applicant name>
I refer to your FOI request FOI XXX/YY/YY.
Your request was forwarded to <Group name> for consideration. The Accredited Decision Maker (ADM) has advised
that your request covers documents which contain information of a <commercial and/or personal> nature of a number
of third parties.
The ADM has determined that there is requirement to consult the third parties under section 27 and/or 27A of the FOI
Act, before they can finalise their decision relating to the release of documents relevant to your request.
Section 15(6) of the FOI Act provides for an extension of 30 days to be added to the statutory time limit for processing
requests. Therefore, the deadline for providing you with the decision on your request is now: <DD MONTH YEAR>
Please advise if you consent to FOI Directorate naming you as the applicant to third parties for the purpose
of consultation by: COB <DD MONTH YEAR>
While you are under no obligation to reveal your identity as the applicant and we will not disclose your identity without
consent, in our experience, third parties will generally be more likely to object to the release of their information if they
do not know who the applicant is.
Should you have any questions relating to your request, please do not hesitate to contact our office via telephone on
(02) 6266 2200 or via email to xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.
Regards
<signature block>
1
Defence FOI 820/23/24
Document 19
From:
FOI Case Management
Subject:
Defence FOI Request XXX/XX/XX - Section 15AA request for extension
s22
Good morning/afternoon <applicant>,
<Thank you for
returning my call / speaking with me this morning/afternoon>. OR <I attempted to call you at <time>
to discuss your FOI request but was unsuccessful>.
The current statutory deadline for you to receive a response to your Defence FOI request is
<DD Month YYYY>.
Due to <the processing demands associated with your request OR a number of staff being on leave OR OTHER
REASON> our office is seeking your agreement to a 30 day extension of the statutory deadline under section 15AA
[extension with agreement] of the FOI Act. We will endeavour to process your request as soon as we can.
Should you agree, the statutory deadline for you to receive a response to your request will expire on <DD Month
YYYY>.
It would be much appreciated if you could confirm your agreement to this extension of time via e‐mail by close of
business <DD Month YYYY> [48 hours later].
I am the Case Manager for your request and should you have any questions regarding this matter please do not
hesitate to contact me.
Kind regards,
[SIGNATURE]
1
Defence FOI 820/23/24
Document 20
From:
FOI Case Management
Subject:
Defence FOI xxx/yy/yy - Request for extension by agreement
Good morning/afternoon <Applicant name>
I refer to your request FOI xxx/yy/yy.
Please note the Department of Defence observes a period of reduced activity and staffing through December and
January (Christmas/New Year period) each year. This office has determined that it may not be possible to finalise
your FOI request by <DD Month Year> as it falls within the reduced activity period.
For this reason, this office is seeking your agreement to a 30 day extension of the statutory deadline under
section 15AA [extension with agreement] of the
Freedom of Information Act 1982. Should you agree, the statutory
deadline for you to receive a response to your request will be <DD Month Year>. We will still endeavor to complete
your request as soon as possible.
I would appreciate your response by COB <DD Month Year>. A formal acknowledgement to you request will follow.
Regards
<signature block>
1
Defence FOI 820/23/24
Document 21
Subject:
FOI Heads Up: Media/Sensitive – Applicant Name, Media Outlet/Activist – DB Title
s22
KEY DATES:
Received by Defence – XX/XX/XXXX
Due to Applicant – XX/XX/XXXX
ACTION AREA:
<Group/Service> ‐ The FOI Directorate will send the tasking instructions soon (FOI xxx/xx/xx)
INFORMATION:
<Group/Service> ‐ for your awareness…
Good morning/afternoon,
Defence has received a Freedom of Information request from
the applicant from
media outlet or Activist for access
to the following:
“<………insert scope>"
Kind regards,
<insert signature block>
1
Defence FOI 820/23/24
Document 22
Subject:
Decision Alert (FOI xxx/xx/xx) – Applicant Name (Individual / Activist / Name of
organisation) – DB Title (lowercase)
s22
Good morning/afternoon
Please find attached the [statement of reasons and/or document/s], prepared in response to a FOI request from
Name of applicant from
Name of organisation. The decision is to [partially release/provide full access/deny access]
to document/s to the applicant on [date].
or [no documents were discovered in scope of (
Item x) the request. The
decision will be provided to the applicant on] [date].
Ministerial talking points are also attached. The subject matter contact officer is [Name] on [phone number].
Background of request
On [Date] the applicant, [Name] sought access to:
“<insert scope>.”
If you have any questions please contact me.
Kind regards
1
Defence 820/23/24
Document 23
From:
FOI Case Management
Subject:
Defence FOI XXX/YY/YY - Third party has not sought review
Attachments:
FOI - Your Review Rights.pdf
s22
Dear <Applicant>,
In our decision letter dated <DD Month YYYY> you were advised that in accordance with section 27A(6) [access not
to be given until review or appeal opportunities have run out] of the FOI Act, documents were unable to be provided
at the time as the third parties had 30 days to appeal the decision to release their <personal/business> information.
The third parties had until <DD Month YYYY> to appeal the decision. As they have not chosen to appeal the decision
the outstanding documents can now be released.
Please find the documents for FOI XXX/YY/YY attached.
Rights of review
The FOI Act provides for rights of review of decisions. A copy of fact sheet “Freedom of Information – Your Review
Rights” setting out your rights of review is attached.
Further advice
All departmental action on your request is now complete. Should you have any questions in regard to this matter
please contact this office by email at xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.
Regards
[SIGNATURE]
1
Defence FOI 820/23/24
Document 24
From:
FOI Case Management
Subject:
Defence FOI XXX/YY/YY - Third party has requested internal review
s22
Dear <Applicant>,
In our decision letter dated <DD Month YYYY> you were advised that documents could not be provided at that time
under section 27A(6) [access not to be given until review or appeal opportunities have run out] of the FOI Act, as third
parties have 30 days to appeal the decision to release their <personal/business> information.
The third parties have requested an internal review of the decision. Accordingly, I will write to you after the completion
of the review.
The review is currently due to be completed by
<DD Month YYYY> (30 days from when the third party requested the
review).
Further advice
Should you have any questions in regard to this matter please contact this office by email at
xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.
Regards
[SIGNATURE]
1
Defence FOI 820/23/24
Document 25
From:
FOI Case Management
Subject:
FOI XXX/YY/YY - Third party has external review options
Attachments:
FOI - Your Review Rights.pdf
s22
Dear <Applicant>,
On <DD Month YYYY> we informed you that relevant third parties had requested an internal review in relation to the
release of their <personal/business> information.
The review has been finalised, and the third parties have been advised of the outcome.
In accordance with section 27A(6) [access not to be given until review or appeal opportunities have run out] of the
FOI Act, documents cannot be provided at this time until it becomes apparent that no third parties choose to request
an external review.
Third parties have until
<DD Month YYYY> to seek an external review.
After this date you will be informed if any action is taken. If no third parties have requested an external review, the
documents will be provided to you.
Should you have any questions in regard to this matter please contact this office by e‐mail at
xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.
Yours sincerely,
[SIGNATURE]
1
Defence FOI 820/23/24
Document 26
From:
FOI Case Management
Subject:
Defence FOI XXX/YY/YY - Third party has requested external review
s22
Dear <Applicant>,
In our decision letter dated <DD Month YYYY> you were advised that documents could not be provided in
accordance with section 27A(6) [access not to be given until review or appeal opportunities have run out] of the FOI
Act, until it became apparent that no third parties chose to request an external review.
The third parties have now requested an external review of the decision. Accordingly, you will be contacted once the
review is completed to be advised of the outcome.
Should you have any questions in regard to this matter please contact this office by email at
xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.
Regards
[SIGNATURE]
1
Defence FOI 820/23/24
Document 27
From:
FOI Case Management
Subject:
FOR ACTION: FOI Tasking - FOI xxx/YY/YY
Dear
[recipient]
This is a formal tasking relating to a request made on
[date] by
[applicant] under the
Freedom of Information Act 1982 (FOI Act)
for:
[request].
Talking Points will be required as this FOI request has been classified as ‘
Media/Sensitive’.
Action required
Phase 1: Identify the documents and appoint an Accredited Decision Maker (ADM) – due by [date]
1. Notify who has been appointed as the ADM and if the documents can be released administratively outside
the FOI Act.
2. Send the following:
Digitally signed Document Search Checklist with screenshots.
In‐scope documents with no redactions in PDF format.
Note: For DSN documents, please email on the DPN when DSN documents provided.
Draft Schedule of Documents (SOD) if there are five or more documents.
Phase 2: Draft documents – due by [date]
Prepare and send:
1. Statement of Reasons (SOR) (SOR Guidance) as a word document (unsigned).
2. Draft in scope documents – combined into one single PDF document with
proposed redactions unapplied ‐
marked with relevant exemption codes using the FOI redaction tool in PDF.
3. Schedule of Documents (SOD), in word format if applicable.
4. Prepare draft ‘
Talking Points’ in Word Format – email relevant Strategic Communications adviser for
clearance.
FOI Directorate (FOID) will review the draft decision package and provide feedback to the ADM and/or FOI Co‐ord.
Phase 3: Final documents – due by [date]
Please discuss feedback provided on the draft decision package with the FOID, then prepare and send the final
decision package:
1. SOR electronically signed by the ADM.
2. Documents in the form approved for release in PDF format with redactions applied.
3. SOD in PDF format.
4. Final, cleared Talking Points in PDF format – SES Band 2/2 Star clearance.
Consultation
Please consider/identify third party consultations early so that statutory time limits can be managed. The ADM is
required to authorise these consultations and approve documents for release to any third parties which the FOI
team will then coordinate. Extra time is provided when third party consultation is required.
If the ADM considers there is a requirement to liaise with the offices of the Minister, Secretary, CDF or VCDF, please
advise as soon as possible which the FOI team will facilitate.
Timeframes
1
Defence FOI 820/23/24
Document 27
Under the FOI Act, Defence has
30 calendar days to provide a decision and documents to the applicant. Documents
and draft decisions must be reviewed by FOID before they can be signed by the ADM. Failure to provide the
documents to FOID and appoint an ADM in a timely manner will impact on the time the ADM has available to make
their decision within the legislated timeframe.
Templates and examples
Please click here to access the ADM Reference Guide. If you require assistance with drafting the SOR please contact
me and I can provide sample wording to consider.
FOI Case Manager
I am the Case Manager for this request and am here to help you process this request. Please contact me early to
discuss any questions or concerns.
Kind regards,
<SIGNATURE BLOCK>
2
Defence FOI 820/23/24
Document 28
From:
FOI Case Management
Subject:
FOR ACTION: FOI Tasking - FOI xxx/YY/YY
Dear
[recipient]
This is a formal tasking relating to a request made on
[date] by
[applicant] under the
Freedom of
Information Act 1982 (FOI Act)
for:
“[request]”.
This FOI request has been identified as a routine request. Please advise of any sensitivities or
media/parliamentary attention in relation to this topic.
Action required
Phase 1: Identify the documents and appoint an Accredited Decision Maker (ADM) – due by [date]
1. Notify who has been appointed as the ADM. Alternatively, let us know if the documents can be
released administratively outside the FOI Act.
2. Send the following:
Digitally signed Document Search Checklist with screenshots.
In‐scope documents with no redactions in PDF format.
Note: For DSN documents, please email on the DPN when DSN documents provided.
Draft Schedule of Documents (SOD) if there are five or more documents.
Phase 2: Draft decision package – due by [date]
Prepare and send the draft:
1. Statement of Reasons (SOR) as a word document (unsigned) (for guidance see Statement of
Reasons Guidance Notes).
2. In‐scope documents, combined into one single PDF document, with
proposed redactions unapplied
but marked with relevant exemption codes using the FOI redaction tool.
3. Schedule of Documents (SOD) in word format (if applicable).
The FOI Directorate (FOID) will review the draft decision package and provide feedback to the ADM and/or
FOI Co‐ord.
Phase 3: Final decision package – due by [date]
Please discuss any feedback provided on the draft decision package with the Case Manager, then prepare
and send the final decision package in PDF format:
1. SOR digitally signed by the ADM.
2. Documents in the form approved for release with redactions applied.
3. SOD (if applicable).
Consultation
Please consider/identify consultations early so that statutory time limits can be managed. The FOID will
coordinate any consultation.
Timeframes
1
Defence FOI 820/23/24
Document 28
Under the FOI Act, Defence has
30 calendar days to provide a decision and documents to the applicant.
Documents and draft decisions must be reviewed by the FOID before they can be signed by the ADM.
Failure to complete phase 1 by the due date will impact on the time the ADM has available to make their
decision within the legislated timeframe.
Additional guidance
Please click here to access the ADM Reference Guide. If you require assistance with drafting the SOR
please contact me and I can provide sample wording to consider.
FOI Case Manager
I am the Case Manager for this request and am here to help you process this request. Please contact me
early to discuss any questions or concerns.
Regards
<SIGNATURE BLOCK>
2
Defence FOI 820/23/24
Document 29
From:
FOI Case Management
Subject:
FOR ACTION: FOI Tasking - FOI xxx/YY/YY
Dear
[recipient]
This is a formal tasking relating to a request made on <DD Month YYYY>, by <applicant name> to amend/annotate
their personal record maintained by Defence under section 48 of the
Freedom of Information Act 1982 (FOI Act). The
applicant has requested their personal record be amended/annotated to include the following details:
“[insert requested amendments/annotations]”
Action required
Phase 1: Prepare draft decision and appoint an Accredited Decision Maker (ADM) – due by [date]
1. Acknowledge receipt of this request.
2. Appoint an Accredited Decision Maker (ADM) and advise the FOI Case Manager.
3. Review relevant evidence and determine if requested amendment / annotation is appropriate.
4. Prepare and send the draft Statement of Reasons (SOR) as a word document (unsigned) to the FOI
Case Manager:
The FOI Directorate (FOID) will review the draft decision package and provide feedback to the ADM and/or
FOI Co‐ord.
Phase 2: Final decision package – due by [date]
Please discuss any feedback provided on the draft decision package with the Case Manager, then prepare
and send the final decision package in PDF format:
1. SOR digitally signed by the ADM.
2. Documents in the form approved for release (if required).
Timeframes
Under the FOI Act, Defence has
30 calendar days to provide a documents to the applicant. Documents and
draft decision must be reviewed by the FOID before they can be signed by the ADM.
Additional guidance
Please click here to access the ADM Reference Guide. If you require assistance with drafting the SOR
please contact me and I can provide sample wording to consider.
FOI Case Manager
I am the Case Manager for this request and am here to help you process this request. Please contact me
early to discuss any questions or concerns.
Regards
<SIGNATURE BLOCK>
1
Defence FOI 820/23/24
Document 30
From:
FOI Case Management
Subject:
For Action: FOI Inquiry XXX - Advice on Scope - Due Midday/COB DAY XXX
MONTH 20XX
Dear
[recipient]
Action required by COB/midday <day of the week> [date]
1. Review the scope and advise if the request can be actioned in its current form.
2. If the scope cannot be actioned in its current form, please advise why and provide suggested
revisions that could be made to the applicants scope.
3. Advise of other business areas that may hold documents or have an equity in this request.
Defence has received a request under the
Freedom of Information Act 1982 (FOI Act) from
[applicant] on
<DD Month YYYY> for:
“[request]”.
Your area has been identified as potentially holding documents relevant to the scope of the request.
This is not a tasking to undertake document searches. Once your response is received or if we do not
receive a response by the due date, a formal tasking will be sent.
Regards
<First name>
Freedom of Information Team Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
Freedom of information requests | About | Defence
1
Defence FOI 820/23/24
Document 31
From:
FOI Case Management
Subject:
Defence FOI XXX/23/24 - possible s24AA Practical Refusal
Good morning/afternoon,
Defence are looking at going down the Practical Refusal path as the request is too large to process. To enable us to
do this we require the following information:
approximate number of documents covered by the scope of the request
approximate number of pages contained within those documents
approximate number of third parties that may need to be consulted
These approximate numbers may be obtained by sampling some of the documents.
Can you please provide the requested information by
DATE.
Regards.
[signature]
1
Defence FOI 820/23/24
Document 32
From:
Information Access
To:
Information Access
Subject:
IAU to Stakeholder – PMKeyS SURNAME – Personnel Records Request [SEC=OFFICIAL]
Date:
Tuesday, 27 February 2024 1:09:35 PM
Attachments:
s22
OFFICIAL
Good Morning/Afternoon XXXX,
The Information Access Unit (IAU) has received the below request for personnel records.
As stakeholder area is the identified custodian of the required information, please see the below
request for your action:
·
Members full name:
·
DOB:
·
Service:
·
Service Number/PMKeyS:
·
Current Unit:
·
Files requested: Personnel
·
How files are to be administered: release by IAU through Service Connect
This application has been received through Service Connect and all POI requirements have been
met.
Please find attached the following resources the IAU has created to guide Defence information
custodians in responding to requests that the IAU receive through Service Connect:
•
Process flow: A simple overview of the custodian actions required to respond to a SC request.
•
Defence Information Custodians – Processing ServiceConnect Requests for Records – This
SOP provides additional guidance on the custodian request processing including, receiving, redacting
and uploading to OBJ.
Once the requested information has been collated and redacted, please place a copy in the attached
link and reply to this email to let the IAU know the records are ready for Release. This will allow IAU
to finalise the enquiry.
If you have any questions or require any assistance, please contact us on 1800 333 362 or via email
at xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
IMPORTANT: This email remains the property of the Department of Defence. Unauthorised
communication and dealing with the information in the email may be a serious criminal offence.
If you have received this email in error, you are requested to contact the sender and delete the
email immediately.
Defence FOI 820/23/24
Document 33
CONTENTS
Eulogy ........................................................................................................................................ 2
UNKOWN EULOGY .............................................................................................................. 3
Service report………………………………………………………………………………………....4
AWE Template………………………………………………………………………….…………….4
Password email .......................................................................................................................... 5
Unkown Service Number and PMKEYS MBR .......................................................................... 6
NIL records found ...................................................................................................................... 7
Split Release with JHC .............................................................................................................. 8
Partial Records Located ............................................................................................................ 9
Reply if member has MAC not Windows Computer to access ............................................... 10
email ......................................................................................................................................... 11
email ......................................................................................................................................... 12
email ......................................................................................................................................... 13
email ......................................................................................................................................... 14
email ......................................................................................................................................... 15
email ......................................................................................................................................... 16
email ......................................................................................................................................... 17
Defence FOI 820/23/24
Document 33
EULOGY
Subject: YYMMDD – 8XXXXXXX SURNAME Given Name – Service Type – Eulogy –
Attached
Thank you for contacting the Information Access Unit.
Please find attached the requested eulogy information for [Deceased member’s name].
This information is to be treated in accordance with the requirements of the Privacy Act 1988 and
safeguarded against loss, improper access or disclosure.
Regards
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
UNKOWN EULOGY
Subject: YYMMDD – 8XXXXXXX SURNAME Given Name – Service Type – Eulogy – Nil
Service Found
Thank you for contacting the Information Access Unit.
Please be advised that the Information Access Unit (IAU) has conducted a thorough search of
Defence Records and with the information provided, we cannot confirm XXXXXX as having served in
the ADF; as a result the eulogy information cannot be provided.
If you are able to provide further information, IAU wil attempt to locate appropriate records and
produce the requested eulogy information.
Alternatively, if you would like to request a review of the outcome of your request or would like further
information, please contact IAU via reply email.
IAU wish to advise that a request for review does not guarantee a change in the outcome of your
original request.
If you have any questions or require any assistance, please contact us on 1800 333 362 or via email
at xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
Regards
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
ADO SERVICE REPORT
Subject: YYMMDD – 8XXXXXXX SURNAME Given Name – Service Type – Service Report
– Attached
Good Morning/Afternoon
Thank you for your application for your service record.
Please find attached your ADO service record for your membership.
If you have any further queries, please contact us on the number below or via our e-mail address.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
AWE Template
Email to s47E(d)
Subject: YYMMDD – 8XXXXXXX SURNAME Given Name – Service Type – AWE –
Attached
Good morning/afternoon,
Please find below the discharge details of [Deceased member’s name] regarding service in the Royal
Australian Navy / Royal Australian Naval Reserve, as requested.
(copy and paste details here)
This information is to be treated in accordance with the requirements of the Privacy Act 1988 and
safeguarded against loss, improper access or disclosure.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
PASSWORD EMAIL
Subject: YYMMDD – 8XXXXXXX SURNAME Given Name – Service Type – Requestor
Records - PASSWORD
Thank you for contacting the Information Access Unit,
The requested [type of record] record has been digitised and uploaded onto a password secure USB
and placed in our outgoing mail. Please note that there are different processing times for different
record types and they may arrive on separate USBs.
Upon receipt you wil be required to enter the password below to gain full access.
Your password: XXXXXXXXXX (Font size 16)
The quality of the copy reflects the original documents, which may not be in strict date order and may
include blank pages, reflecting historical Defence record keeping practices.
Under the Privacy Act, records that are released are required to redact any names and personal
details of third parties. This is to protect the privacy of others whose details may have been included
within the records you wil be receiving. The attached Fact Sheet provides further information
surrounding those requirements.
There may be information contained within the documents that can be difficult to read for a variety of
reasons. If you identify that these records may contain information of a sensitive nature, please advise
by replying to this email or contacting 1800 DEFENCE.
IMPORTANT: The USB is formatted to work on Microsoft Windows based operating systems
. The
files on this USB wil need to be accessed via Windows 8 or later compatible devices.
If your require access to a PC, we recommend contacting your local RSL / Advocate. Alternatively,
visit your local Library.
NOTE: Our outgoing mail system utilises Australia Post; please allow up to 2 weeks for the delivery of
the USB.
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
UNKNOWN SERVICE NUMBER AND PMKEYS MBR
Subject: YYMMDD – 8XXXXXXX SURNAME Given Name – Service Type – Requestor
Records – Nil Service Found
Thank you for contacting the Information Access Unit.
Please be advised that the Information Access Unit (IAU) has conducted a thorough search of
Defence Records and with the information provided, we cannot confirm you as having served in the
ADF; as a result the requested [type of record] records cannot be provided.
For further searches to be conducted, could you please review the information provided to ensure it is
correct and provide further details such as a service or PMKeyS number, via Reply email.
IAU wish to advise that a request for further searches does not guarantee a change in the outcome of
your original request.
If you have any questions or require any assistance, please contact us on 1800 333 362 or via email
at xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
Regards
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
NIL RECORDS FOUND
Subject: YYMMDD – 8XXXXXXX SURNAME Given Name – Service Type – Requestor
Records – Nil Records Found
Thank you for contacting the Information Access Unit.
Please be advised that the Information Access Unit (IAU) has conducted a thorough search of
Defence Records and the requested [Type of Record] records could not be located; as a result these
records cannot be provided.
If you would like to request a review of the outcome of your request or would like further information,
please contact IAU via Reply email.
IAU wish to advise that a request for review does not guarantee a change in the outcome of your
original request.
If you have any questions or require any assistance, please contact us on 1800 333 362 or via email
at xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
Regards
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
SPLIT RELEASE WITH JHC
Subject: YYMMDD – 8XXXXXXX SURNAME Given Name – Service Type – Requestor
Records – Split Release - PASSWORD
Thank you for contacting the Information Access Unit.
The requested [type of record] record has been digitised and uploaded onto a password secure USB
and placed in our outgoing mail. Please note that there are different processing times for different
record types and they may arrive on separate USBs.
Due to the commencement of the Defence eHealth system (DeHs) in 2014, post 2014 Health
information is subject to different processing times and requirements. Where you have fulfil ed these
requirements, please be advised that these records wil be provided on a separate encrypted USB
once processed.
Where you have received contact from the IAU requesting additional information, please action this
request promptly in order to support the progression and provision of your records held within DeHs.
Upon receipt of the USB you wil be required to enter the password below to gain full access.
Your password: XXXXXXXXXX (Font size 16)
The quality of the copy reflects the original documents, which may not be in strict date order and may
include blank pages, reflecting historical Defence record keeping practices.
Under the Privacy Act, records that are released are required to redact any names and personal
details of third parties. This is to protect the privacy of others whose details may have been included
within the records you wil be receiving. The attached Fact Sheet provides further information
surrounding those requirements.
There may be information contained within the documents that can be difficult to read for a variety of
reasons. If you identify that these records may contain information of a sensitive nature, please advise
by replying to this email or contacting 1800 DEFENCE.
IMPORTANT: The USB is formatted to work on Microsoft Windows based operating systems
. The
files on this USB wil need to be accessed via Windows 8 or later compatible devices.
If your require access to a PC, we recommend contacting your local RSL/ Advocate alternatively, visit
your local Library.
NOTE: Our outgoing mail system utilises Australia Post please al ow up to 2 weeks for the delivery of
the USB.
Please direct any queries to the Information Access Unit at: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
PARTIAL RECORDS LOCATED
Subject:
YYMMDD – 8XXXXXXX SURNAME Given Name – Service Type – Requestor Records [Type of
record found] – PASSWORD ([Type of record not found] – Nil Record Found)
Example Subject:
240213 – 8123456 BING Chandler – Army – MBR Health – PASSWORD (Psych – Nil Record Found)
Thank you for contacting the Information Access Unit.
The requested record has been digitised and uploaded onto a password secure USB and placed in
our outgoing mail. Please note that there are different processing times for Health and Personnel
records and they may arrive on separate USBs.
Please be advised that the Information access Unit has conducted a thorough search of Defence
Records and advise that the [type of record] records you have requested could not be located; as a
result these records cannot be provided.
Upon receipt of the available records you wil be required to enter the password below to gain full
access.
Your password: XXXXXXXXXX (Font size 16)
The quality of the copy reflects the original documents, which may not be in strict date order and may
include blank pages, reflecting historical Defence record keeping practices.
Under the Privacy Act, records that are released are required to redact any names and personal
details of third parties. This is to protect the privacy of others whose details may have been included
within the records you wil be receiving. The attached Fact Sheet provides further information
surrounding those requirements.
There may be information contained within the documents that can be difficult to read for a variety of
reasons. If you identify that these records may contain information of a sensitive nature, please advise
by replying to this email or contacting 1800 DEFENCE.
IMPORTANT: The USB is formatted to work on Microsoft Windows based operating systems. The
files on this USB wil need to be accessed via Windows 8 or later compatible devices.
If your require access to a PC, we recommend contacting your local RSL/ Advocate alternatively, visit
your local Library.
NOTE: Our outgoing mail system utilises Australia Post please al ow up to 2 weeks for the delivery of
the USB.
If you would like to request a review of the outcome of your Personal information request or would like
further information, please contact the Information Access Unit via reply email.
The information access unit wish to advise that a request for review does not guarantee a change in
the outcome of your original request.
If you have any questions or require any assistance, please contact us on 1800 333 362 or via email
us to xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
REPLY IF MEMBER HAS MAC NOT WINDOWS COMPUTER TO
ACCESS
Subject:
Thank you for your enquiry.
We are currently unable to provide a secure MAC accessible USB.
A USB that is accessible via a MAC device would have to be unencrypted, which we do not
recommend. An unencrypted USB puts your personal health information at a higher risk for a privacy
breach and is vulnerable to unauthorised access, especially if your USB was to go missing during
transit. The unauthorised person/s would have full access to all of your private information
health/medical records stored on that USB.
We suggest one of the following for MAC users.
If you are located in Canberra we can notify you when your USB is ready for collection, this can be an
unencrypted USB enabling you to access it via MAC.
Or
We suggest borrowing a friend or family member’s Windows based PC/laptop. You would only need it
for 5mins so you can initial y access the USB to remove the encryption. Removing the encryption
would al ow you to access the information on a MAC device. You would not need to download any of
your health records during this process so al of your information would stil be secure.
These are the steps to remove/unencrypt your USB:
1. Unlock your USB - plug your USB into your computer
2. Open the USB drive
3. Left click on USB driver – this will say it is Bitlocker protected.
4. Enter the password and press unlock
5. In the column on the right hand side, right click on the USB drive
6. Click on Manage Bitlocker
7. Choose either change or remove (password)
8. Click on Remove Bitlocker, a prompt with ‘are you sure’ wil appear, Click OK to decrypt.
This wil remove the password requirement completely.
If you stil require an unencrypted USB, please reply to this email with confirmation that you have read
the above information and understand the risks associated with this request.
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
EMAIL
Subject:
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
EMAIL
Subject:
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
EMAIL
Subject:
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
EMAIL
Subject:
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
EMAIL
Subject:
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
EMAIL
Subject:
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 33
EMAIL
Subject:
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
CONTENTS
EULOGY ............................................................................................................................... 3
POI MET and POI NOW MET ............................................................................................... 4
POI NOT MET....................................................................................................................... 5
POI PROVIDED BUT NOT CERTIFIED ................................................................................ 6
POI NOT MET – CURRENT MBR ........................................................................................ 7
POI MET – RAAF Personnel Record Requests ................................................................. 8
Current Member - Health .................................................................................................... 9
IAU TO JHC – Current Member ........................................................................................ 10
RAAF Personnel Record Request – SOLE REQUEST .................................................... 11
THIRD PARTY – MEMBER DECEASED (Only For IMMEDIATE NEXT OF KIN) .............. 12
THIRD PARTY – INCARCERATED EX-MEMBER ............................................................. 14
INCARCERATED EX-MEMBER ......................................................................................... 15
IAU TO JHC – THIRD PARTY DECEASED MBR HEALTH REQ ...................................... 16
IAU TO STAKEHOLDER – Webform, email ..................................................................... 17
IAU TO STAKEHOLDER – Service Connect Only ........................................................... 18
Internal Requests .............................................................................................................. 19
ADO SERVICE REPORT ................................................................................................... 19
GRANT OF PROBATE/LETTERS OF ADMINISTRATIONS 1ST CONTACT ...................... 20
GRANT OF PROBATE/LETTERS OF ADMINISTRATIONS RECONTACT ....................... 21
Request for Compensation Records - Post 1999 (DVA) – Email to customer .............. 22
Request for Compensation Records - Post 1999 (DVA) – Email to DVA ....................... 23
Request for Compensation Records - Pre 1999 (NAA) – Email to customer (fol owing
phone call) ......................................................................................................................... 24
Requests for Army Health for Army members who served pre 1947 – Email to
customer ............................................................................................................................ 25
Requests for Army Health for Army members who served pre 1947 – Email to DVA .. 26
Request for Merchant Navy – Email to customer (fol owing phone call) ...................... 27
Request for Militia Records – Email to customer ........................................................... 28
Request for Militia Records – Email to QLD Records ..................................................... 28
Research Requests ........................................................................................................... 29
Defence FOI 820/23/24
Document 34
General Enquiries
Subject: Full name - Service (Change the Subject accordingly)
Good Morning/Afternoon XXXX,
Thank you for your enquiry regarding XXXX.
The easiest way to access your records is through one of the 2 methods outlined below and explained
in the following link: Personal information requests.
1.
ServiceConnect - Submitting a personal information request in ServiceConnect is the fastest
way to request and access personal information from Defence. ServiceConnect enables
applicants to:
• verify their identity using myGovID
• track the progress of their request
• receive their information electronical y.
2.
Defence webform - Alternatively, for those unable to access ServiceConnect, a request for
personal information can be submitted through the Defence website form. Applicants wil
confirm their identity by submitting certified identity documents and wil receive information on
an encrypted and password protected USB sent via Australia Post.
• You wil be asked to provide the following documents:
One PRIMARY
One SECONDARY
Certified Proof of Identity
Australian Driver’s
Medicare Card, Australian
(POI)
Licence, Passport or
Seniors Card, or RSL
Birth Certificate
Membership Card
https://immi.homeaffairs.gov.au/help-
How to Certify Documents support/applying-online-or-on-paper/on-
paper/certified-copy
"This signature supports my online application
Written Document
for Defence records on [insert date]." followed by
a handwritten signature
Should you have any further enquiries, please contact us on 1800 333 362 or
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
EULOGY
Subject: Full name - Service (Change the Subject accordingly)
Good Morning/Afternoon XXXX,
Thank you for providing us with the attached eulogy request. This email is to confirm that the
Information Access Unit has received your request and will be processed as soon as possible.
We wil provide this request to you via email, unless you wish to notify us for an alternative means.
(For requests through Service Connect, remove above sentence and replace with – We wil provide
this request to you via the ServiceConnect Platform.)
Should you have any further enquiries, please contact us on 1800 333 362 or
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
POI MET AND POI NOW MET
Subject: Full name - Service (Change the Subject accordingly)
Good Morning/Afternoon XXXX,
Thank you for your request for records, this email is confirmation that the Information Access Unit
(IAU) has received your request.
Please be advised the following:
•
The Information Access Unit aims to action requests within 30 days.
If RAAF COS Request – 9-12 weeks’ timeframe – contact customer to ascertain if Service
Record is preferred
• Al records wil be provided to you via DELETE AS REQUIRED (encrypted and password
protected USB/ServiceConnect Platform/Hardcopy), unless you wish to notify us for an
alternative means.
Under the Privacy Act, we are required to redact any names and personal details of third parties
within your records. This is to protect the privacy of others whose details may have been included in
the records we are releasing to you.
When receiving your records, there may be information contained within the documents that can be
difficult to read for a variety of reasons. It’s important you have support networks around you when
receiving sensitive information.
Should you have any further enquiries, please contact us on 1800 333 362 or via email at
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
POI NOT MET
Subject: Full name - Service (Change the Subject accordingly)
Good Morning/Afternoon XXXX,
Thank you for your request for records, this email is confirmation that the Information Access Unit
(IAU) has received your request.
To proceed with your request, the IAU requires proof of identification documents that have been
certified. The below list details what we require in order to proceed with your request:
One PRIMARY
One SECONDARY
Certified Proof of Identity (POI)
Australian Driver’s
Medicare Card, Australian
Licence, Passport or
Seniors Card, or RSL
Birth Certificate
Membership Card
https://immi.homeaffairs.gov.au/help-
How to Certify Documents
support/applying-online-or-on-paper/on-
paper/certified-copy
"This signature supports my online application
Written Document
for Defence records on [insert date]." followed by
a handwritten signature
Once completed, please submit via email address: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx or via post:
Information Access Centre
GPO Box 393
Melbourne Victoria 3000
Should you have any further enquiries, please contact us on 1800 333 362 or via email at
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
POI PROVIDED BUT NOT CERTIFIED
Subject: Full name - Service (Change the Subject accordingly)
Good Morning/Afternoon XXXX,
Thank you for your request for records which has been received by the Information Access Unit (IAU).
The identity documentation you have provided with the application have not been certified.
It would be appreciated if you could please arrange for the copies of identification documents to be
certified as per the requirements from the following link: https://immi.homeaffairs.gov.au/help-
support/applying-online-or-on-paper/on-paper/certified-copy
Once completed, submit via email to xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx or via post, at your earliest
convenience:
Information Access Unit
GPO Box 393
Melbourne Victoria 3000
If you require any further assistance with this matter, please contact us on the number below or via
our email address.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
POI NOT MET – CURRENT MBR
Subject: Full Name – Service (Change the Subject accordingly)
Good Morning/Afternoon XXXX,
Thank you for your request for records, this email is confirmation that the Information Access Unit
(IAU) has received your request.
To proceed with your request, the IAU requires proof of identification documents that have been
certified. Alternatively, a current serving member sending a request from a Defence account, with
their signature block included, wil not need to provide any proof of identity.
If your request has not come from your Defence account, we will instead require the following:
Certified Proof of Identity (POI)
One PRIMARY
One SECONDARY
Australian Driver’s
Medicare Card, Australian
Licence, Passport or
Seniors Card, or RSL
Birth Certificate
Membership Card
https://immi.homeaffairs.gov.au/help-
How to Certify Documents
support/applying-online-or-on-paper/on-
paper/certified-copy
"This signature supports my online application
Written Document
for Defence records on [insert date]." followed by a
handwritten signature
OR as a current Member a request from official work email wil be accepted without providing any of
the above documents which should include the following:
1. Type of records requested:
2. Pmkeys/service number:
3. Personal email :
4. Mobile number :
5. Postal address (No Work address) :
Once completed, please submit via email address: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx or via post:
Information Access Unit
GPO Box 393
Melbourne Victoria 3000
Should you have any further enquiries, please contact us on 1800 333 362 or via email at
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
POI MET – RAAF PERSONNEL RECORD REQUESTS
Subject: Full name - Service (Change the Subject accordingly)
Include At achment: Air Force UPR Business Rules
Good Morning/Afternoon XXXX,
Thank you for your request for records, this email is confirmation that the Information Access Unit
(IAU) has received your request.
Please be advised the following:
•
The Information Access Unit aims to action requests within 30 days.
If RAAF COS Request – 9-12 weeks’ timeframe – contact customer to ascertain if Service
Record is preferred
• Al records wil be provided to you via DELETE AS REQUIRED (encrypted and password
protected USB/ServiceConnect Platform/Hardcopy), unless you wish to notify us for an
alternative means.
• Please be advised that your
RAAF Personnel Records can be access via your DRN
account. You can access your Unit Personnel Records (UPR) through Objective IAW Air
Force UPR Business Rules - page 6 – Member File Privileges.
In the event that you do not have DRN access, please reply to this email stating so and
further action wil be pursued to acquire the records.
Under the Privacy Act, we are required to redact any names and personal details of third parties
within your records. This is to protect the privacy of others whose details may have been included in
the records we are releasing to you.
When receiving your records, there may be information contained within the documents that can be
difficult to read for a variety of reasons. It’s important you have support networks around you when
receiving sensitive information.
Should you have any further enquiries, please contact us on 1800 333 362 or via email at
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
CURRENT MEMBER - HEALTH
Subject: Full Name – Service (Change the Subject accordingly)
Good Morning/Afternoon XXXX,
Thank you for your request for records which has been received by the Information Access Unit (IAU).
Please be advised of the following:
•
The Information Access Unit aims to action requests within 30 days.
If RAAF COS Request – 9-12 weeks’ timeframe – contact customer to ascertain if Service
Record is preferred
• Your Medical request wil be actioned by Joint Health Command (JHC).
o Please refer to the following link JHC HIO Health Records Request for current
timeframes.(USE this for internal Request)
o
The current timeframe for post 2014 medical record requests will be actioned
within XX Business days.(for external Request, check website for timeframe)
• Al records wil be provided to you via encrypted and password protected USB, unless you
wish to notify us for an alternative means.
Under the Privacy Act, we are required to redact any names and personal details of third parties
within your records. This is to protect the privacy of others whose details may have been included in
the records we are releasing to you.
When receiving your records, there may be information contained within the documents that can be
difficult to read for a variety of reasons. It’s important you have support networks around you when
receiving sensitive information.
Should you have any further enquiries, please contact us on 1800 333 362 or via email at
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
IAU TO JHC – CURRENT MEMBER
SUBJECT:
URGENT: IAU ACTIVE SERVING - URGENT - PM615 request - SURNAME PMKeyS
STANDARD: IAU ACTIVE SERVING - PM615 request - SURNAME PMKeyS
Good Morning/Afternoon JHC team,
The Information Access Unit (IAU) has received the below request for Health and Psychology
records.
As the custodian of the required information, please action the following request:
• Reason of Urgency: (Delete if it is a standard request)
• Members full name:
• DOB:
• Service:
• Service Number/PMKeyS:
• Mobile Number:
• Personal email address:
• Current Unit:
• Files requested: DeHS Records and CMR/UMR, Psychology
• Reference number: iEt Reference number (Remove if it is an internal request)
• How files are to be administered: email, post, USB
• Address for distribution: email, postal etc
Note: Please find the attached vetted application and all the supporting document for your perusal.
Please advise the Information Access Unit (IAU), once the information has been released to the
customer, with the following Subject line:
JHC Information released # Incident reference number
and Requestors name. If you have any questions or require assistance please contact me on my number, listed below, or via
reply email.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: XX XXXX XXXX E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
RAAF PERSONNEL RECORD REQUEST – SOLE REQUEST
Subject: Full name - Service (Change the Subject accordingly)
Include At achment: Air Force UPR Business Rules
Good Morning/Afternoon XXXX,
Thank you for your request for records.
Please be advised that, as you are a Current Member, your
RAAF Personnel Records can be
access via your DRN account.
You can access your Unit Personnel Records (UPR) through Objective IAW Air Force UPR Business
Rules - page 6 – Member File Privileges.
In the event that you do not have DRN access, please reply to this email stating so and further action
wil be pursued to acquire the records.
Should you have any further enquiries, please contact us on 1800 333 362 or via email at
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
THIRD PARTY – MEMBER DECEASED (ONLY FOR IMMEDIATE
NEXT OF KIN)
Subject: Full Name – Service (Change the Subject accordingly)
Good Morning/Afternoon XXXX,
After reviewing your enquiry, please refer to the following information to assist:
1. In accordance with the Privacy Act 1988 and departmental policy, before Defence information
can be released relating to an ex-member, the rights of access to the requested information
needs to be established and verified. This ensures the ex-member’s right to privacy is
protected and their personal information is not released inappropriately.
2. Please note that next of kin seeking access to the deceased member's service records, wil
need to provide the following:
One PRIMARY
One SECONDARY
Certified Proof of Identity (POI)
Australian Driver’s Licence,
Medicare Card, Australian
Passport or Birth Certificate
Seniors Card, or RSL
Membership Card
How to Certify Documents
https://immi.homeaffairs.gov.au/help-support/applying-online-
or-on-paper/on-paper/certified-copy
Proof of Relationship (POR)
Marriage Certificate, Birth Certificate, Death Certificate,
Power of Attorney or Statutory Declaration
Proof of death and relationship must be supplied. This can be
Proof of Death (POD)
in the form of a death certificate, picture of headstone,
obituary or coroner’s report
The IAU requires certified proof of identification documents. A statutory declaration can be provided
as a last resort for POR, if no other documentation can be provided.
Please note: A wil cannot be used as proof of relationship, as advised by Defence Legal.
For information, regarding Statutory Declarations refer https://www.ag.gov.au/legal-system/statutory-
declarations/who-can-witness-your-statutory-declaration
Should you have any further enquiries, please contact us on 1800 333 362 or via email at
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
THIRD PARTY – MEMBER DECEASED (NOT IMMEDIATE NEXT OF
KIN)
Subject: Full Name – Service (Change the Subject accordingly)
After reviewing your enquiry, please refer to the following information to assist:
1. In accordance with the Privacy Act 1988 and departmental policy, before Defence information
can be released relating to an ex-member, the rights of access to the requested information
needs to be established and verified. This ensures the ex-member’s right to privacy is
protected and their personal information is not released inappropriately.
2. Only the deceased member’s
immediate next of kin can request records from the
Information Access Unit (IAU).
3. If you are not the immediate next of kin for the deceased member, to gain access to these
records you wil need to contact either Defence Freedom of Information at
xxx@xxxxxxx.xxx.xx, or the National Archives of Australia, further information can be found on
their websit
e www.naa.gov.au.
Should you have any further enquiries, please contact us on 1800 333 362 or via email at
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
THIRD PARTY – INCARCERATED EX-MEMBER
Subject: Full Name – Service (Change the Subject accordingly)
Good Morning/Afternoon,
Thank you for your enquiry regarding XXXX
After reviewing your enquiry, please refer to the following information to assist:
As you have identified this member is currently incarcerated and cannot provide two forms of certified
identification, to enable Defence Archives to process your request for records, we wil require an
official letter or document from the incarceration facility they are in, to confirm their identify and that
they are incarcerated.
Please submit the requested letter to xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx or via post:
Information Access Unit
GPO Box 393
Melbourne Victoria 3000
Should you have any further enquiries, please contact us on 1800 333 362 or via email at
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
INCARCERATED EX-MEMBER
Subject: Full Name – Service (Change the Subject accordingly)
Good Morning/Afternoon,
Thank you for your enquiry regarding XXXX
After reviewing your enquiry, please refer to the following information to assist:
Due to your incarceration and the inability to provide two forms of certified identification, to enable
Defence Archives to process your request for records, we wil require an official letter or document
from the incarceration facility to confirm your identify and that you are incarcerated.
Please submit the requested letter to xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx or via post:
Information Access Centre
GPO Box 393
Melbourne Victoria 3000
Should you have any further enquiries, please contact us on 1800 333 362 or via email at
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
IAU TO JHC – THIRD PARTY DECEASED MBR HEALTH REQ
SUBJECT: IAU to JHC – PMKeyS SURNAME – Type of Records Request
Good Morning/ Afternoon JHC,
Please be advised that the IAU has received the attached Third party – Deceased MBR Health
Request.
As the custodian for Health Information; could JHC please provide a return email as confirmation for
the IAU to proceed with servicing this request.
Please note that once confirmation is provided the IAU wil conduct the release of the information as
there is no DEHS component for the request.
Please find the request and any supporting documentation attached.
Kind regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
IAU TO STAKEHOLDER – WEBFORM, EMAIL
SUBJECT: IAU to Stakeholder – PMKeyS SURNAME – Personnel Records Request
Good Morning/Afternoon XXXX,
The Information Access Unit (IAU) has received the below request for personnel records.
As stakeholder area is the identified custodian of the required information, please see the below
request for your action:
• Members full name:
• DOB:
• Service:
• Service Number/PMKeyS:
• Current Unit:
• Files requested: personnel etc
• Reference number: iEt Reference number (Remove if it is an internal request)
• How files are to be administered: email, post, USB, Reference link etc.
• Address for distribution: email, postal etc
The vetted application and all supporting documentation are attached to this email for reference.
When the requested information has been released to the customer, please reply to this email
advising of the actions taken to allow IAU to finalise the enquiry. Could the following please be added
in the subject line:
Stakeholder name Information released # Incident reference number and Requestors name. If you have any questions or require any assistance, please contact us on 1800 333 362 or via email
at xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
IAU TO STAKEHOLDER – SERVICE CONNECT ONLY
SUBJECT: IAU to Stakeholder – PMKeyS SURNAME – Personnel Records Request
Good Morning/Afternoon XXXX,
The Information Access Unit (IAU) has received the below request for personnel records.
As stakeholder area is the identified custodian of the required information, please see the below
request for your action:
• Members full name:
• DOB:
• Service:
• Service Number/PMKeyS:
• Current Unit:
• Files requested: Personnel
• How files are to be administered: release by IAU through Service Connect
This application has been received through Service Connect and all POI requirements have been
met.
Please find attached the following resources the IAU has created to guide Defence information
custodians in responding to requests that the IAU receive through Service Connect:
•
Process flow: A simple overview of the custodian actions required to respond to a SC request.
•
Defence Information Custodians – Processing ServiceConnect Requests for Records – This
SOP provides additional guidance on the custodian request processing including, receiving, redacting
and uploading to OBJ.
Once the requested information has been collated and redacted, please place a copy in the attached
link and reply to this email to let the IAU know the records are ready for Release. This wil allow IAU to
finalise the enquiry.
If you have any questions or require any assistance, please contact us on 1800 333 362 or via email
at xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
INTERNAL REQUESTS
Good Morning/Afternoon
Thank you for your request for records which has been received by the Information Access Unit (IAU).
We are processing the request now. The documents wil be sent to you via a reference link (CHANGE
IF DIFFERENT) when it is ready.
Should you have any further enquiries, please contact us on the below number or via our email
address.
Kind Regards
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
ADO SERVICE REPORT
Good Morning/Afternoon
Thank you for your application for your service record.
Please find attached your ADO service record for your membership.
If you have any further queries, please contact us on the number below or via our e-mail address.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
GRANT OF PROBATE/LETTERS OF ADMINISTRATIONS 1ST
CONTACT
Thank you for your request regarding (xxxx’s Health information)
For Defence to facilitate the release of personal information of a deceased members health records,
we require a certified Probate or Letter of Administration, confirmed by a court authority you are the
executor or administrator of the Estate.
These requirements support compliance with legal and professional duties of confidence in relation to
health information, as being an executor of a Wil does not meet the eligibility criteria.
Your cooperation in providing these documents wil enable us to lawful y release the member's health
records to you as soon as possible.
For any additional clarification or assistance, please feel free to contact us at
xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Kind Regards,
FIRST LAST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
GRANT OF PROBATE/LETTERS OF ADMINISTRATIONS
RECONTACT
Thank you for seeking further clarification regarding (xxxx’s Health information)
To provide you with a better understanding of Defences position in releasing personal information,
Defence wil support applicants to understand their particular circumstances and what evidence may
be required.
Defence health information confidentiality is governed by common law and equitable duties due to its
sensitive nature. Defence and its health practitioners adhere to professional obligations under the
Australian Health Practitioner Regulation Agency. This necessitates that we release health records
exclusively to the legal y appointed executor of the deceased member's estate.
The documents we have requested provide us court appointed confirmation of your eligibility to
receive the member’s health information.
To assist you please see the attached link: (Insert relevant state link from below) This will help explain
how to obtain a Probate or a Letter of Administration.
Once we receive this documentation and you meet the eligibility requirements, we wil be able to
assist in releasing these records to you as soon as possible.
Kindest Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
State Relevant links:
Probate - ACT Supreme Court
Applying for a grant | Queensland Courts
Wil s & probate | Supreme Court NT
Applying for a grant - CAA (courts.sa.gov.au)
What is Probate (supremecourt.wa.gov.au)
Information Kits - Supreme Court of Tasmania
Applying for a grant of probate or administration | The Supreme Court of Victoria
Defence FOI 820/23/24
Document 34
REQUEST FOR COMPENSATION RECORDS - POST 1999 (DVA) –
EMAIL TO CUSTOMER
Good Morning/Afternoon
I refer to your request received by this office on XXXX.
Please be advised that Information Access Unit is unable to assist you with this request, as the
Department of Defence does not hold this information.
Please be advised your request has been forwarded to the relevant area as listed below:
Department of Veterans' Affairs.
Phone: 1800 VETERAN (1800 838 372)
Web site: https://www.dva.gov.au/contact
Email: xxxxxxxxxxxxxxxx@xxx.xxx.xx
Please feel free to contact the Information Access Unit or DVA should you have further queries.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
REQUEST FOR COMPENSATION RECORDS - POST 1999 (DVA) –
EMAIL TO DVA
Good Morning/Afternoon
Please find attached request received by this office on XXXX.
As DVA is the identified custodian of the required information, please see the below request for post
1999 compensation records for your action, as the Department of Defence does not hold this
information.
Be advised the customer has been informed this request has been forwarded to your area.
Please feel free to contact the Information Access Unit should you have further queries.
Kindest Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
REQUEST FOR COMPENSATION RECORDS - PRE 1999 (NAA) –
EMAIL TO CUSTOMER (FOLLOWING PHONE CALL)
Good Morning/Afternoon
I refer to your request received by this office on XXXX.
As advised during our phone call the Information Access Unit is unable to assist you with this request,
as the Department of Defence does not hold this information. These Records are held and released
by NAA.
As mentioned your best course of action is to submit a request through NAA. Their contact details
are:
Phone: 02 6212 3600
Web site: naa.gov.au
Please feel free to contact the Information Access Unit should you have further queries.
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
REQUESTS FOR ARMY HEALTH FOR ARMY MEMBERS WHO
SERVED PRE 1947 – EMAIL TO CUSTOMER
Good Morning/Afternoon
I refer to your request received by this office on XXXX.
Please be advised that the Information Access Unit is unable to assist you with this request, as the
Department of Defence does not hold this information.
Your request has been forwarded to the relevant area as listed below
Department of Veterans' Affairs.
Phone: 1800 VETERAN (1800 838 372)
Web site: https://www.dva.gov.au/contact
Email: xxxxxxxxxxxxxxxx@xxx.xxx.xx
Please feel free to contact the Information Access Unit or DVA should you have further queries.
Kindest Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
REQUESTS FOR ARMY HEALTH FOR ARMY MEMBERS WHO
SERVED PRE 1947 – EMAIL TO DVA
Good Morning/Afternoon
Please find attached request received by this office on XXXX.
As DVA is the identified custodian of the required information, please see the below request for Pre
1947 Army Health records for your action, as the Department of Defence does not hold this
information.
Be advised the customer has been informed this request has been forwarded to your area.
Please feel free to contact the Information Access Unit should you have further queries.
Kindest Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
REQUEST FOR MERCHANT NAVY – EMAIL TO CUSTOMER
(FOLLOWING PHONE CALL)
Good Morning/Afternoon
I refer to your request received by this office on XXXX.
As advised during our phone call the Information Access Unit is unable to assist you with this request,
as the Department of Defence does not hold this information.
This is due to the Merchant Navy not being connected to the Department of Defence, as it was its
own entity and as such Defence does not hold any records relating to them. These Records are held
and released by NAA.
As mentioned your best course of action is to submit a request through NAA. Their contact details
are:
Phone: 02 6212 3600
Web site: naa.gov.au
Please feel free to contact the Information Access Unit should you have further queries.
Kindest Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
REQUEST FOR MILITIA RECORDS – EMAIL TO CUSTOMER
Good Morning/Afternoon
I refer to your request received by this office on XXXX.
Please be advised that the Information Access Unit is unable to assist you with this request, as the
Department of Defence does not hold records pertaining to service in the Militia in Queensland during
WW2 period.
Some years ago it was identified that some records pertaining to this service were held by the
Queensland State Records Office.
Your request has been forwarded to the Queensland State Records Office. Their email address is
xxxx@xxxxxxxx.xxx.xxx.xx
Please feel free to contact the Information Access Unit should you have further queries.
Kind Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
REQUEST FOR MILITIA RECORDS – EMAIL TO QLD RECORDS
Good Morning/Afternoon
I refer to your request received by this office on XXXX.
As Queensland State Records Office is the identified custodian of the required information, please
see the below request pertaining to service in the Militia in Queensland during WW2 period for your
action, as the Department of Defence does not hold this information.
Be advised the customer has been informed this request has been forwarded to your area.
Please feel free to contact the Information Access Unit should you have further queries.
Kindest Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 34
RESEARCH REQUESTS
Good Morning/Afternoon
Thank you for your email regarding information on Corporate Information.
The Information Access Unit are not able to release this type of information to the general public.
We suggest approaching National Archives Australia (NAA) to request these records. NAA are in a
position to either have the files in their custody, or determine if corporate files held by Defence can be
released to the general public under the Archives Act 1983.
For further information, the following is the NAA website: https://www.naa.gov.au/.
Phone contact: 02 6212 3600
Kindest Regards,
FIRST
Customer Support Officer
Information Access Unit
South East Zone | Service Delivery Division
Security and Estate Group
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Department of Defence
T: 1800 333 362 E: xxxxxxxxxxx.xxxxxx@xxxxxxx.xxx.xx
Defence FOI 820/23/24
Document 40
Subject of email: Acknowledgement of Internal Review - Third Party – FOI 000/19/20
Dear [Reverse FOI applicant]
1.
I refer to your email below dated [date], in which you applied for an internal review
under section 54A of the
Freedom of Information Act 1982 (FOI Act), of the decision dated
[date] by [decision maker, position].
2.
The decision you received related to your objection to the release of your [personal
information/business information], as consulted under [section 27 [Consultation – business
documents] OR section 27A [Consultation – documents affecting personal privacy] of the FOI
Act.
3.
The purpose of this email is to advise that your application for internal review has
been forwarded to the authorised decision maker, [s47E(d)
, Special Advisor
Freedom of Information Review] wil advise you of the outcome of your internal review.
4.
The statutory deadline for you to receive a response from Defence wil expire
on [
date]
, which is 30 days from the date in which we received your application for internal
review
. . [As the date for your decision falls on a weekend, you wil receive your decision on
the next business day which wil be
Monday, 24 September 2018.
5.
Paragraph 3.141
of the Guidelines issued by the Office of the Australian
Information Commissioner, states
'the processing period refers to calendar days, not
business (working) days. This wil include any public holidays that fal within the
processing period.[44] If the last day for notifying a decision falls on a Saturday, Sunday
or a public holiday, the timeframe wil expire on the first day fol owing which is none of
those days.'
6.
In the meantime, please do not hesitate to contact our office if you have any
questions.
Defence FOI 820/23/24
Document 41
Dear [ORIGINAL FOI APPLICANT]
1.
I refer to your application under the
Freedom of Information Act 1982 (FOI Act), in
which you requested access to documents.
2.
On [date] you were provided with the decision on your request made by [decision
maker, position]. The third parties consulted during the processing of the request were also
provided with [decision maker’s] decision.
3.
This email is to inform you that on [date] a third party applied for an internal review of
the decision made by [decision maker].
4.
The application for internal review has been forwarded to the authorised decision
maker, [s47E(d)
Special Advisor Freedom of Information Reviews] will advise
you of the outcome of the internal review.
4.
The statutory deadline for the third party to receive a response from Defence wil
expire on [statutory deadline],
which is 30 days from the date in which we received the
application for internal review
. You wil also be provided with the internal review decision.
5.
In the meantime, please do not hesitate to contact our office if you have any
questions.
Defence 820/23/24
Document 43
Dear [Third party applicant]
1.
Thank you for your email dated [date], asking for an internal review of the decision
you received under the FOI Act.
2.
This email is to inform you of the decision by s47E(d)
Special Adviser
FOI Reviews] on your internal review application.
3.
s47E(d)
has agreed/disagreed with your objections regarding the release of your
personal information.
4.
The statement of reasons detailing s47E(d)
decision and documents in form for
release are attached.
Rights of review
5.
The FOI Act provides for rights of review of decisions. Should you be dissatisfied
with s47E(d)
decision you have the right to seek review. Please find attached a copy of
your review rights
6.
If you have any questions in relation to this matter, please contact this office.
Kind regards
Defence 820/23/24
Document 44
Dear [Applicant Name]
1.
I refer to your application under the
Freedom of Information Act 1982 (FOI Act), in
which you requested access to documents.
2.
On [date decision was provided] you were provided with the decision on your request
made by an accredited decision maker. The third parties consulted during the processing of
the request were also provided with the decision maker's decision.
3.
This email is to inform you that on [date of internal review by 3P] a third party applied
for an internal review of the decision made by the decision maker.
4.
The application for internal review has been reviewed by the
authorised decision maker, [s47E(d)
, Special Advisor, FOI Reviews has
[upheld, varied] the original decision.
5.
The third party has 30 days to appeal s47E(d)
decision to the Information
Commissioner. The statutory deadline for the third party to make an external review is 30
days from the date in which they received their internal review decision. This date is
[Date
- 30 days after internal review decision]
.
6.
If the third party has not sought an external review, you wil be provided with
documents after this date.
7.
If you have any questions in relation to this matter, please contact this office.
Kind regards
Defence 820/23/24
Document 45
Email - Documents to applicant as third party has not sought review
Dear XX XXXXXX ,
1.
In our decision letter dated <date> you were advised that I was
prevented by paragraph 27A(6) [access not to be given until review or appeal
opportunities have run out] of the FOI Act, from providing the document to you
until it becomes apparent that the third parties did not propose to exercise
their right to seek review of the decision.
2.
The third parties had until <date> to appeal the decision. As they have
not appealed the decision I am now able to provide you with the outstanding
documents.
Rights of review
3.
The FOI Act provides for rights of review of decisions. A copy of fact
sheet “Freedom of Information – Your Review Rights” setting out your rights
of review is attached.
Further advice
4.
Al departmental action on your request is now complete. Should you
have any questions in regard to this matter please contact this office.
Email to applicant as third party has requested internal review
Dear XX XXXXXX ,
1.
In our decision letter dated <date> you were advised that I was
prevented by paragraph 27A(6) [access not to be given until review or appeal
opportunities have run out] of the FOI Act, from providing the document to you
until it becomes apparent that the third parties did not propose to exercise
their right to seek review of the decision.
2.
The third parties have requested an internal review of the decision.
Accordingly, I will write to you after this date to inform you of the outcome.
Email to applicant as third party has external review options
Dear XX XXXXXX ,
1.
In our email of <date> we informed you that the third party/ies who had
objected to the release of personal information in the documents identified in
your request had requested an internal review of the decision.
2.
The third party/ies have now received the outcome of the internal
review they requested.
3.
I am prevented by paragraph 27A(6) [access not to be given until
review or appeal opportunities have run out] of the FOI Act, from providing the
documents to you until it becomes apparent that the third party/ies does not
propose to exercise their right to seek external review of the decision. The
third party/ies have until <date> to seek the review. Accordingly, I will write to
you after this date to inform you of the outcome.
Defence 820/23/24
Document 45
Email to applicant as third party has requested external review
Dear XX XXXXXX ,
3.
In our decision letter dated <date> you were advised that I was
prevented by paragraph 27A(6) [access not to be given until review or appeal
opportunities have run out] of the FOI Act, from providing the document to you
until it becomes apparent that the third parties did not propose to exercise
their right to seek review of the decision.
4.
The third parties have requested an external review of the decision.
Accordingly, I will write to you after this date to inform you of the outcome.
Defence 820/23/24
Document 46
Mr/Ms XXX XXXX
By email: XXXXXXXX
Dear Mr XXXX
Complaint into the processing of Freedom of Information requests FOI XXX/XX/XX
1.
I refer to your email of XX XX XXXX
, in which you raised a formal complaint about
the Department of Defence’s (the Department) processing of your requests, specifically
XXXXX. You were concerned about delays in processing your FOI requests. As your
complaint involves two FOI requests, this response addresses both complaints.
Background
2.
On XX XXXX XX, the Department received your request for access to the
following documents under the FOI Act:
“XXXXX”
Decision
3.
I have considered your complaint and reviewed the below findings. Consequently, I
have decide that XXXX.
Finding and Reasons
4.
XXXXXXX
Yours sincerely,
Defending Australia and its National Interests
Defence 820/23/24
Document 47
Reference: FOI XX/XX/XX
Objective ID:
[XXXXXX]
FOI XXX/XX/XX STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT
1.
On XX XX XXX, XXXX (the applicant) requested access to the following under the
Freedom of Information Act 1982 (FOI Act):
“XXXXXXX”
*** remove this statement if it was not included ‘Excluding personal email addresses,
signatures, personnel (PMKeyS) numbers and mobile telephone numbers, contained in
documents that fall within the scope of the FOI request. In addition, excluding
duplicates of documents.”
2.
On XXX , the applicant was provided with a decision to deny access/ release in part to
XX documents under section XXX of the FOI Act. The decision was made on the grounds
that “XXXXX”.
3.
On XX XXX XXX, the applicant requested an internal review.
4.
On XX XXX XX, the original decision was upheld/ revised based on the finding that
“XXXX”.
5.
On XXX XX XXX, the Office of the Australian Information Commissioner (OAIC)
advised that the applicant had sought an external.
6.
The Department responded on XX XX XXX stating that XXXXX.
7.
On XX XX XX, the OAIC confirmed that the applicant still seeks access to documents
Defending Australia and its National Interests
Defence 820/23/24
Document 47
2
Scope of external review
8.
Noting the OAIC’s correspondence of 00 January 2020 documents matching Items 3
and 4 are the subject of the external review.
9.
The purpose of this correspondence is to provide the applicant with a revised decision
under section 55G [Procedure in IC review – revocation or variation of access refusal
decision] of the FOI Act.
Documents subject to the section 55G decision
10.
The following XX documents comprising XX pages were identified as matching the
scope of the request.
Revised decision
11.
I have decided to vary the original decision by partially releasing/ releasing XX
documents in accordance with section 22 of the FOI Act, on the grounds that the removed
material is conditionally exempt under XXXX of the FOI Act.
12.
Further to the above, mobile numbers and signatures which are considered irrelevant
to the request have been removed under subparagraph 22(1)(b)(ii)[Access to edited copies
with exempt or irrelevant matter deleted] of the FOI Act.
13.
A copy of the documents in the form approved for release are attached.
Material taken into account
14.
In making my decision, I had regard to:
a. the terms of the request;
b. the content of the identified documents subject to the request;
c. relevant provisions in the FOI Act;
d. the outcome of fresh searches;
e. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
f. the outcome of third party consultation.[delete if not required]
g. Advice from group name [delete if not require]
Defending Australia and its National Interests
Defence 820/23/24
Document 47
3
Findings and Reasoning
USE “STANDARD EXEMPTION WORDING” DOCUMENT and “OAIC CASE LIBRARY
DOCUMENT”
Public interest considerations (if conditional exemptions is used)
1.
In assessing whether disclosure of the conditionally exempt material is, on balance,
contrary to the public interest, I considered the Guidelines provided by the Information
Commissioner, together with a range of factors that favour access to a document set out in
subsection 11B(3) [Public interest exemptions – factors favouring access] of the FOI Act.
2.
I found that the following factors favour the disclosure of the documents:
Remove irrelevant factors
•
promote the objects of the Act;
•
inform debate on a matter of public importance;
•
promote effective oversight of public expenditure;
•
allow a person to access his or her personal information (s 11B(3))
3.
I am convinced that the disclosure of the documents would not increase public
participation in government processes nor scrutiny or discussion of government activities. I
also am of the view that disclosure would not inform debate on a matter of public importance,
promote effective oversight of public expenditure.
Remove irrelevant factors
4.
However, I have found that that following factors weigh against disclosing the
documents:
• could reasonably be expected to prejudice the protection of an individual’s right to
privacy;
• could reasonably be expected to prejudice the fair treatment of individuals and the
information is about unsubstantiated allegations of misconduct or unlawful, negligent
or improper conduct;
• could reasonably be expected to prejudice security, law enforcement, public health or
public safety;
• could reasonably be expected to impede the administration of justice generally,
including procedural fairness;
• could reasonably be expected to impede the administration of justice for an individual;
• could reasonably be expected to impede the protection of the environment;
• could reasonably be expected to impede the flow of information to the police or
another law enforcement or regulatory agency;
• could reasonably be expected to prejudice an agency’s ability to obtain confidential
information;
• could reasonably be expected to prejudice the competitive commercial activities of an
agency;
• could reasonably be expected to harm the interests of an individual or group of
individuals;
Defending Australia and its National Interests
Defence 820/23/24
Document 47
4
• could reasonably be expected to prejudice the conduct of investigations, audits or
reviews by the Ombudsman or Auditor-General;
• could reasonably be expected to discourage the use of agency’s access and research
services;
• could reasonably be expected to prejudice the management function of an agency;
• could reasonably be expected to prejudice the effectiveness of testing or auditing
procedures;
5.
In coming to the above decision, I have not considered the factors listed in subsection
11B(4) [Irrelevant factors] of the FOI Act.
6.
Accordingly, on balance, the public interest factors against disclosure outweigh the
factors for disclosure of the information. As such, it would be contrary to the public interest
to release the information considered exempt under subsections XX, XX ,XX of the FOI Act.
Further information
15.
.
s47E(d)
Decision Maker – Internal review
March 2020
Defending Australia and its National Interests
Defence 820/23/24
Document 48
Defence Reference: XX/XX/XX
OAIC Reference: MRXX/XXXX
Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
By email: xxxxx@xxxx.xxx.xx
Dear __,
Information Commissioner Review MRXX/XX/XX– APPLICANT NAME
1.
I refer to the correspondence from the Office of the Information Commissioner
(OAIC) dated ___ in relation to the above matter.
2.
The Department provides the following ‘Closed/Open’ submissions in response to this
external review. This submission (should not/ can) be provided to the applicant or any other
third party as the submissions contains information which is subject to XXXXX. Release of
this correspondence to anyone outside of the OAIC could cause XXXXXXX.
Background
3.
On XXX, XXXXX (the applicant) requested access to the following documents
under the
Freedom of Information Act 1982 (FOI Act):
“
XXXX”
4.
On XXXX the Department informed the applicant that it had identified XX
documents falling within the scope of his request; and had decided to refuse access to all XX
documents based on XXX/ release in part XXX documents based on XXXX.
5.
On XXX the applicant sought an internal review of the Department’s decision (If
applicable).
6.
On XXXX following fresh searches, the Department identified XXX/ no new
documents and refused access/ decided to release to XXX documents to the applicant. to all
the documents based on XXXX of the FOI Act. ( If applicable)
7.
On XXXX the applicant sought an external review of the Department’s decision with
the OAIC.
8.
On XXXX the Department provided the OAIC with the following:
• the FOI request and correspondence regarding the scope of the request
(Attachment A ),
Defence 820/23/24
Document 48
• the internal review decision (Attachment B),
• marked up copies of the documents (Attachment C),
• a document recording the searches that were undertaken (Attachment D), and
• the third party consultation documentation (Attachment E). (If applicable)
Department’s submissions
9.
The Department maintains its position that the documents are exempt in full on the
basis of section XXX for the reasons contained in its decision dated XXX, in accordance with
the closed submissions provided herein.
10.
The Department is satisfied that reasonable searches were conducted to identify all the
documents falling within the scope of the applicant’s request. Please see Attachment D of the
document provided to the OAIC on XX XXX XXX. This document outlines all the searches
conducted by the Department.(if applicable)
11.
The Department maintains its position that documents XXX are exempt XXX of the
FOI Act.
12.
Section XXX of the FOI Act provides that:
“XXXXXX”
13.
XXXXXXXXXXXXXXXXXXXX (explanation of how and why the exemption
applies)
Conclusion
14.
Based on the above, the Department’s position is that XXX of the documents at issue
in this review are exempt from disclosure on the grounds of XXXX of the FOI Act.
15.
The Department reiterates that this submission should
not be provided to the applicant
or any other third party as the submissions contains information which is subject to legal
professional privilege and would cause XXX if the submission was provided to anyone other
than the OAIC (if applicable).
s47E(d)
Special Advisor – Freedom of Information Review
Freedom of Information Directorate
Department of Defence
Defence 820/23/24
Document 49
s22
DEEMED DECISION – 55T
Your reference: MR23/XXXXX
Defence reference: FOI XXX/XX/XX
Dear [First name]
I refer to your email below attaching a Notice of IC review application and request for
documents by [insert date].
On [date], Defence gave the applicant [partial] access to the documents. Therefore, in
accordance with the Notice, please find:
[select appropriate criteria from the NOTICE]
We look forward to your advice as to whether the applicant wishes to proceed with IC
review of Defence’s revised decision.
STANDARD 54V RESPONSE
Your reference: MR23/XXXXX
Defence reference: FOI XXX/XX/XX
Dear [First name]
I refer to your email below attaching a Notice of IC review application and request for
documents by [insert date].
The decision under review is to refuse access to material / documents under s [insert]. The
applicant contends the exemptions / searches. Therefore, in accordance with Part 10 of the
FOI Guidelines, we provide the fol owing:
[select appropriate criteria from the table below]
Example only (ful release, searches contended):
•
The FOI request, and any correspondence that modifies its scope-
Attachment 1 - FOI request (original and revised)
Defence 820/23/24
Document 49
• Evidence, on affidavit or otherwise, including by way of submissions,
that documents are exempt under ss 33, 34, or 45A
• If any third parties are notified of the IC review, a copy of the written
notifications under s 54P
Access refusal –FOI
• The original FOI request and any correspondence with the FOI
request does not fall
applicant that modifies the scope of the FOI request
within FOI Act: Part I
• Information about the nature of the document in question
and ss 4, 5,6, 6A, 7, 12,
20 and Schedules to
• The agency or minister’s response to the applicant
the FOI Act
• Any submissions in support of the agency or minister’s decision
Access grant (Part IV
• The original FOI request and any correspondence with the FOI
Divisions 2 and 3 ss 47,
applicant that modifies the scope of the FOI request
47F and 47G)
• Copies of correspondence with the third party
• The documents in dispute
• The reasons for the decision to release the documents despite the
third party’s objections
• Any submissions in support of the agency or minister’s decision
Access refusal –
• The original FOI request and any correspondence with the FOI
Charges (Part III, s 29)
applicant that modifies the scope of the FOI request
• A copy of the charges notice sent to the FOI applicant
• A copy of the preliminary estimates notice sent to the FOI applicant
and the applicant’s response
• Any further explanation the agency or minister wishes to provide as
to why the charge was imposed or how it was calculated, including
any documentary evidence which supports the agency or minister’s
calculation of charges
• Any submissions in support of the agency or minister’s decision to
impose a charge or in the alternative, a revised decision under s
55G of the FOI Act waiving the charge in ful
Access refusal –
• A copy of the documents that were given to the FOI applicant
Refusal to amend or
annotate a record of
• The reasons why the agency or minister considers that no
personal information
amendment should be made under s 50, or the reasons why the
requested annotation of records was not made under s 51
(Part IV)
• Any submissions in support of the agency or minister’s decision
Access refusal – Failure
• The FOI request, and any correspondence that modifies its scope
to provide all
documents / Adequacy
• A copy of any document that records searches conducted,
of searches (Part III
including if applicable:
s24A)
o Notes kept by individuals conducting searches
o Correspondence between the FOI decision maker and
individuals who conducted searches
o Any other records of searches or recorded consideration
of where to search
• Any other relevant information that the agency or minister wishes
to provide in support of its decision
Access refusal –
• The original FOI request and any correspondence with the FOI
Practical refusal (Part III
applicant that modifies the scope of the FOI request
24A)
• Copies of any correspondence including file notes of telephone
conversations relating to the agency of minister’s request
consultation process, including a copy of; the letter sent to the
applicant, and the applicant’s response (if any).
• Records that demonstrate the number of documents and/or pages
encompassed by the request, including but not limited to notes of
any searches conducted, and consultations with relevant staf
members
Defence 820/23/24
Document 49
• An estimation of the number of hours processing time involved,
and a breakdown of this time to demonstrate what this is based on
• Evidence of document sampling, if undertaken
• The names and contact details of anyone who was consulted by
agency or minister, formally under ss 15(7), 26A 27A, or informally
(including consultations with other government agencies)
• Any submissions in support of the agency or minister’s decision
Access refusal –
• The written reasons for the decision (see [10.111])
Deemed refusal or
deemed affirmation of
• The original decision
original decision
• Other documents as listed above depending on the nature of the
decision
Defence 820/23/24
Document 50
OAIC Reference: XX
FOI reference: XX
Name
Address
SUBURB
State Postcode
Dear Mr/Mrs/Ms/XX ___,
Office of the Information Commissioner Review - SECTION 54P – Notice of matter under review
with the Office of the Australian Information Commissioner
I am writing to advise you that an application has been made to the Office of the Australian
Information Commissioner (OAIC) for an external review (IC review) of Defence’s decision to
deny/partial/xxx access to a document/s under the
Freedom of Information Act 1982 (FOI Act).
The document, a copy of which is attached/enclosed, contains your personal information.
As access to the document was denied in ful under section __ of the FOI Act [exemption] in the
original decision, the decision maker decided to consult you during the processing of the Freedom of
Information request. Section _ of the FOI Act states:
‘XXXX’
[Remove para if personal information is not relevant] In the context of the FOI Act, ‘personal
information’ means:
‘Information or opinion about an identified individual, or an individual who is reasonably
identifiable, whether the information or opinion is true or not; and whether the information
or opinion is recorded in a material form or not.’
On XX XX XXXX, Defence was notified that
the FOI applicant applied for an IC review of the decision
issued by the Department.
Section 54P of the FOI Act requires me to notify you, as a consulted third party, of that application
and to provide a copy of this notice to the Information Commissioner.
Your rights
As an affected third party, you are a party to the review. Further information about reviews under
the FOI Act is available on the OAIC’s website: www.oaic.gov.au
Defence 820/23/24
Document 50
If you wish to participate in the IC review process, please contact the OAIC Intake and Early
Resolution team at the details below:
Intake and Early Resolution team
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
xxxxxx@xxx.xxx.xx
1300 363 992
GPO Box 5288 Sydney NSW 2001
The OAIC may contact you directly for further information. However, if you do not advise the OAIC
that you are interested in participating in the IC review process, the matter may be finalised without
seeking further input from you as a third party.
Alternatively, you can advise the FOI Review team if you object to the release of the documents and
provide us with details as to why the release of the document/s would involve the unreasonable
disclosure of your personal information. The FOI Review team will advise the OAIC of these reasons
on your behalf.
Questions about notice
If you have any questions or concerns regarding this process, please send an email to the address
xxxxxxxxxx@xxxxxxx.xxx.xx. Alternatively, if you have any questions regarding the IC process,
please visit the OAIC website at
Regards,
s47E(d)
Special Advisor Freedom of Information – Review
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
Defence 820/23/24
Document 51
FOI NNN/YY/YY - STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT 1.
I refer to the application by
Applicant under the
Freedom of Information Act 1982 (FOI
Act), for access to:
“Final scope of request”
FOI decision maker
2.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
3.
I identified no documents as matching the description of the request.
Decision
4.
I have decided to refuse access to documents of the request under subparagraph
24A(1)(b)(ii)[Requests may be refused if documents cannot be found, do not exist or have not
been received] of the FOI Act.
Material taken into account
5.
In making my decision, I had regard to:
a. the terms of the request;
b. the content of the identified documents in issue;
c. relevant provisions in the FOI Act;
d. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
e. (include any other i.e. advice received from third parties, officers within the
department – specify which area provided the advice).
Reasons for decision
6.
Section 24A(l) of the FOI Act states:
24A Requests may be refused if documents cannot be found, do not exist or have not
been received
Document lost or non-existent
(1) An agency or Minister may refuse a request for access to a document if:
1.
all reasonable steps have been taken to find the document; and
2.
the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
Defence 820/23/24
Document 51
2
7. Paragraphs 3.88 and 3.89 of the FOI Guidelines notes that the FOI Act is silent on
what constitutes ‘all reasonable steps’. It provides the following guidance on the
application of section 24:
“the meaning of ‘reasonable’ in the context of section 24A(1)(a) has been construed as
not going beyond the limit assigned by reason, not extravagant or excessive, moderate
and of such an amount, size or number as is judged to be appropriate or suitable to the
circumstance or purpose”.
8. To ensure that "all reasonable steps" have been taken in this request, every reasonable
avenue of locating potential documents been exhausted the relevant areas were requested to
undertake fresh searches as part of the Internal Review.
9. The following areas and offices were contacted and requested to undertake fresh
searches in response to the external review:
•
10. The areas carried out searches in the following locations:
•
11. To ensure a holistic search was undertaken, the timeframe to identify documents was
taken to be from XXXX (when XXXXXXX ) until XXXXX (when XXXXX), the date the
Department received the FOI request.
12. In undertaking the searches in electronic databases’ the following search terms were
used:
•
13. In addition, when completing the searches, areas were requested to document their
searches in checklists. The completed checklists are attached to these submissions
14. Based on the above searches, and previous searches undertaken when processing the
original FOI request, the Department submits that all reasonable steps have been undertaken
to locate documents falling within the scope of the request. In these circumstances the
Department is satisfied that such documents do not exist and submits that section 24A of the
FOI Act has been correctly applied to the applicant’s FOI request.
Name of ADM
Accredited Decision Maker
Group
Defence 820/23/24
Document 52
Your reference: MRXX/XXX
Our reference: FOI XXX/XX/XX
Dear XXXX
Thank you for your email below seeking the Department of Defence’s (Defence’s) view on the
Information Commissioner potentially making a decision not to review the matter referenced above
and the transfer the matter to the Administrative Appeals Tribunal (AAT).
Defence’s view is that the matter does not warrant referral to the AAT.
It is Defence’s position that none of the factors set out at paragraph 10.88 apply in this situation. In
these circumstances, Defence does not consider this necessitates an AAT review, which would
require Defence to incur further costs and additional resources to respond to the matter. In
particular, it is Defence’s view that:
1. The matter is not complex. It involves XXXX.
2. Consideration of this matter by the AAT would not help to further the objects of the FOI Act
to facilitate and promote public access to information, promptly and at the lowest
reasonable cost. On the contrary the transfer of this matter would result at a higher cost to
the applicant and agency.
3. The matter is not linked to any proceeding before the AAT.
Whilst Defence appreciates that applicant would like to have the matter resolved quickly and the
AAT may have more capacity to deal with the matter, for the reasons outlined above we request
that the matter not be referred to the AAT.
Regards
Defence 820/23/24
Document 53
From:
FOIReview
Subject:
FOR FINAL COMMENT BY COB XXXX: FOI XXX/XX/XX (name) External Review
Dear name
We greatly appreciate your assistance with processing this matter to date. I attach the final version of our draft
submission/revised decision so that you have a last opportunity to make comment should you identify any
remaining issues.
If you have any concerns about the content, please let us know
by COB 3 days 2023.
If we do not hear from you by that date, we will take it that you have no concerns and we will forward the draft to
the decision maker, s47E(d)
, for further clearance.
Kind regards
1
Defence 820/23/24
Document 54
Please consider the above summary and advise next steps.
Regards
2
Defence 820/23/24
Document 55
OAIC reference:
Defence reference:
Dear
I refer to your email below seeking a response to s 54V preliminary inquiries by [date].
The decision on this matter became deemed pursuant to s 15AC of the FOI Act from [date].
However, Defence has since provided a decision to the applicant on XXXXX, a copy of
which is attached
Please let us know if we can assist further at this point.
Defence 820/23/24
Document 56
Sent:
Wednesday, 28 September 2022 9:52 AM
Subject:
Outcome of Internal Review – FOI 000/19/20
Attachments:
Review Rights.pdf
Dear [applicant name]
Thank you for your email dated [date], asking for an internal review of the decision you received under the FOI Act.
This email is to inform you of the decision by s47E(d)
, Special Advisor Freedom of Information Review
on your internal review application.
The statement of reasons detailing [s47E(d)
] decision and documents in form approved for release (Delete if
refuse in full) are attached.
FOI Disclosure Log (Remove section for documents containing personal or business information)
In accordance with the requirements of section 11C of the FOI Act, Defence is required to publish details of
information released under the FOI Act.
Defence publishes identified documents relating to requests within five
working days of receipt by the applicant or immediately following any publication of the released material. Defence will
also publish the statement of reasons with privacy deletions.
This request will be published on <date> or immediately
following publication.
OR
In accordance with Section 11C(1) of the FOI Act, this request will not be published. It contains personal or business
information that Defence considers would be unreasonable to publish.
Rights of review
The FOI Act provides for rights of review of decisions. Should you be dissatisfied with [s47E(d)
] decision you
have the right to seek review. Please find attached a copy of your review rights
If you have any questions in relation to this matter, please contact this office.
Kind regards
1
Defence 820/23/24
Document 57
From:
FOIReview
Subject:
FOI [number] request for fresh searches for an internal review
Attachments:
Document Search Check List.docx
Good afternoon [Groups/service name]
The purpose of this email is to seek your urgent assistance, on behalf of s47E(d)
, Special Advisor FOI
Reviews in conducting fresh searches for documents that are subject to an
internal review application under the
Freedom of Information Act 1982 (FOI Act).
Your response is due by COB [Date].
Introduction
[Applicant name] has applied for internal review of the decision made by [ADM name] on [date] on the grounds that
further information or documents relating to the FOI request exist. A copy of the FOI statement of reason from the
original decision is at attached. The application for
internal review, made pursuant to section 54 of the FOI Act, is also
attached. I have also attached the documents search checklist.
Background
[Applicant name] originally requested access to the following documents under the FOI Act:
"FOI Request here.”
Internal Review Contentions
The applicant believes further information relating to [her/his] request exists. [Applicant name] has requested that
the internal review specifically look for the following:
a. .
b. .
c. .
etc
Request to undertake additional searches for documents
We now require your area to undertake fresh searches for documents which fall within the scope of the request and
the contentions. Could you please arrange to undertake fresh searches to determine if additional documents can be
located.
Could you also please
fill out the attached searches checklist providing details about how, and where fresh
searches were conducted, sign and return to FOI Review.
Also, please
provide screenshots of the fresh searches undertaken.
Time Limit
The FOI Act only allows 30 days to conduct and finalise the internal review application. We are unable to seek any
extensions over 30 days when conducting a review.
I would appreciate if you could provide the information and details of searches as requested above
by
COB [date
response is due]. If you require additional time please contact me as soon as possible.
I am the allocated case manager for this matter. If you have any questions in relation to the above request please do
not hesitate to contact me.
Regards
1
Defence 820/23/24
Document 57
YOUR SIGNATURE BLOCK
2
Defence 820/23/24
Document 58
Reference: FOI XX/XX/XX
FOI [XX/XX/XX] STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT
1.
I refer to the email of
[XX XXX XX], in which
[Applicant name](the applicant)
sought an internal review under section 54 of the
Freedom of Information Act 1982 (FOI Act)
of the Accredited Decision Maker’s decision dated [
XXXX].
2.
The applicant’s request was for access to the following documents under the FOI Act:
“
XXXXXXXX”
*** remove this statement if it was not included ‘Excluding personal email addresses,
signatures, personnel (PMKeyS) numbers and mobile telephone numbers, contained in
documents that fall within the scope of the FOI request. In addition, excluding
duplicates of documents.”
Background
3.
On [Date] the applicant submitted a request for documents under the FOI Act.
4.
On [Date] (Charges/TPC/ Revision to the scope of the request)…
5.
On [Date] the original decision was made.
Original Decision
6.
The original decision identified XX document(s). The decision:
a.
released in full }
b.
partially released } Delete irrelevant part
c.
exempted in full }
Contentions
7.
In their application for internal review, the applicant contended:
“XXXXX”
8.
The purpose of this statement of reasons is to provide the applicant with a fresh
decision relating to the documents.
Reviewing officer
9.
I am authorised to make this internal review decision under arrangements approved by
the Secretary of Defence under section 23 of the FOI Act.
Defending Australia and its National Interests
Defence 820/23/24
Document 58
2
Documents subject to internal review
10.
Taking into account the applicant’s contentions, XX documents are the subject of this
internal review.
Internal review decision
11.
After careful consideration, I have decided to
uphold/ vary the original decision by:
a.
releasing in full }
b.
partially releasing in part } Delete irrelevant part
c.
exempting in full }
12.
Further to the above, material considered irrelevant to the scope of the request has
been removed under paragraph 22(1)(b)(ii) of the FOI Act.
13.
***
remove this statement if documents were exempt in full. As I have upheld the
decision to release the documents in the same form as provided previously to the applicant, I
have decided not to provide another copy of the documents.
Material taken into account
14.
In arriving at my decision, I had regard to:
a.
the scope of the applicant’s request and subsequent internal review
application;
b.
the original decision;
c.
the content of the documents subject to the internal review;
d.
relevant provisions in the FOI Act;
e.
the
Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines);
f.
the outcome of fresh searches;
g.
advice from Office of the Defence General Counsel; and
h.
the affected third party’s strong objections to the release of the documents.
Findings and reasons
USE “STANDARD EXEMPTION WORDING” DOCUMENT and “OAIC CASE LIBRARY
DOCUMENT”
Public interest considerations (if conditional exemptions is used)
15.
In assessing whether disclosure of the conditionally exempt material is, on balance,
contrary to the public interest, I considered the Guidelines provided by the Information
Defending Australia and its National Interests
Defence 820/23/24
Document 58
3
Commissioner, together with a range of factors that favour access to a document set out in
subsection 11B(3) [Public interest exemptions – factors favouring access] of the FOI Act.
16.
I found that the following factors favour the disclosure of the documents:
Remove irrelevant factors
•
promote the objects of the Act;
•
inform debate on a matter of public importance;
•
promote effective oversight of public expenditure;
•
allow a person to access his or her personal information (s 11B(3))
17.
I am satisfied that the disclosure of the documents would not increase public
participation in government processes nor scrutiny or discussion of government activities. I
also am of the view that disclosure would not inform debate on a matter of public importance,
promote effective oversight of public expenditure.
Remove irrelevant factors
18.
However, I have found that that following factors weigh against disclosing the
documents:
•
could reasonably be expected to prejudice the protection of an individual’s
right to privacy;
•
could reasonably be expected to prejudice the fair treatment of individuals
and the information is about unsubstantiated allegations of misconduct or
unlawful, negligent or improper conduct;
•
could reasonably be expected to prejudice security, law enforcement, public
health or public safety;
•
could reasonably be expected to impede the administration of justice
generally, including procedural fairness;
•
could reasonably be expected to impede the administration of justice for an
individual;
•
could reasonably be expected to impede the protection of the environment;
•
could reasonably be expected to impede the flow of information to the police
or another law enforcement or regulatory agency;
•
could reasonably be expected to prejudice an agency’s ability to obtain
confidential information;
•
could reasonably be expected to prejudice the competitive commercial
activities of an agency;
Defending Australia and its National Interests
Defence 820/23/24
Document 58
4
•
could reasonably be expected to harm the interests of an individual or group
of individuals;
•
could reasonably be expected to prejudice the conduct of investigations,
audits or reviews by the Ombudsman or Auditor-General;
•
could reasonably be expected to discourage the use of agency’s access and
research services;
•
could reasonably be expected to prejudice the management function of an
agency;
•
could reasonably be expected to prejudice the effectiveness of testing or
auditing procedures;
19.
In coming to the above decision, I have not considered the factors listed in subsection
11B(4) [Irrelevant factors] of the FOI Act.
20.
Accordingly, on balance, the public interest factors against disclosure outweigh the
factors for disclosure of the information. As such, it would be contrary to the public interest
to release the information considered exempt under subsections XX, XX, XX of the FOI Act.
Further information
21.
s47E(d)
Special Advisor – Freedom of Information Review
Associate Secretary Group
Defending Australia and its National Interests
Defence 820/23/24
Document 59
Reference: FOI XX/XX/XX
Objective ID:
[X XXXXXX]
FOI [XX/XX/XX] NOTICE OF DECISION UNDER THE FREEDOM OF
INFORMATION ACT Dear XXX
1.
I refer to your email of
[XX XXX XX], in which you
sought an internal review under
section 54 of the
Freedom of Information Act 1982 (FOI Act) of the Accredited Decision
Maker’s decision dated [
XXXX].
2.
Your request was for access to the following documents under the FOI Act:
“XXXXXXXX”
*** remove this statement if it was not included ‘Excluding personal email addresses,
signatures, personnel (PMKeyS) numbers and mobile telephone numbers, contained in
documents that fall within the scope of the FOI request. In addition, excluding
duplicates of documents.”
Background
3.
On [Date] you submitted a request for documents under the FOI Act.
4.
On [Date] (Charges/TPC/ Revision to the scope of the request)…
5.
On [Date] the original decision was made.
Original Decision
6.
The original decision identified XX document(s). The ADM decided to:
a. Release in full }
b. Release in part } Delete irrelevant part
c. Exempt in full }
Contentions
7.
In your application for an internal review you contended that:
“XXXXX”
8.
The purpose of this statement of reasons is to provide you with a fresh decision
relating to the documents.
Defending Australia and its National Interests
Defence 820/23/24
Document 59
2
Reviewing officer
9.
I am authorised to make this internal review decision under arrangements approved by
the Secretary of Defence under section 23 of the FOI Act.
Documents subject to internal review
10.
Taking into account your contentions, XX documents are the subject of this internal
review.
Internal review decision
11.
After careful consideration, I have decided to
uphold/ vary the original decision to:
a.
Release in full }
b.
Release in part } Delete irrelevant part
c.
Exempt in full }
12.
Further to the above, material considered irrelevant to the scope of the request has
been removed under paragraph 22(1)(b)(ii) of the FOI Act.
13.
*** remove this statement if documents were exempt in full. As I have upheld the
decision to release the documents in the same form as provided previously to the applicant, I
have decided not to provide another copy of the documents.
Material taken into account
14.
In arriving at my decision, I had regard to:
a.
the scope of the applicant’s request and subsequent internal review application;
b.
the original decision;
c.
the content of the documents subject to the internal review;
d.
relevant provisions in the FOI Act;
e.
the
Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines);
f.
the outcome of fresh searches;
g.
advice from Office of the Defence General Counsel; and
h.
the affected third party’s strong objections to the release of the documents.
Findings and reasons
USE “STANDARD EXEMPTION WORDING” DOCUMENT and “OAIC CASE LIBRARY
DOCUMENT”
Public interest considerations (if conditional exemptions is used)
15.
In assessing whether disclosure of the conditionally exempt material is, on balance,
contrary to the public interest, I considered the Guidelines provided by the Information
Commissioner, together with a range of factors that favour access to a document set out in
subsection 11B(3) [Public interest exemptions – factors favouring access] of the FOI Act.
Defending Australia and its National Interests
Defence 820/23/24
Document 59
3
16.
I found that the following factors favour the disclosure of the documents:
Remove irrelevant factors
• promote the objects of the Act;
• inform debate on a matter of public importance;
• promote effective oversight of public expenditure;
• allow a person to access his or her personal information (s 11B(3))
17.
I am convinced that the disclosure of the documents would not increase public
participation in government processes nor scrutiny or discussion of government activities. I
also am of the view that disclosure would not inform debate on a matter of public importance,
promote effective oversight of public expenditure.
Remove irrelevant factors
18.
However, I have found that that following factors weigh against disclosing the
documents:
• could reasonably be expected to prejudice the protection of an individual’s right to
privacy;
• could reasonably be expected to prejudice the fair treatment of individuals and the
information is about unsubstantiated allegations of misconduct or unlawful, negligent
or improper conduct;
• could reasonably be expected to prejudice security, law enforcement, public health or
public safety;
• could reasonably be expected to impede the administration of justice generally,
including procedural fairness;
• could reasonably be expected to impede the administration of justice for an individual;
• could reasonably be expected to impede the protection of the environment;
• could reasonably be expected to impede the flow of information to the police or
another law enforcement or regulatory agency;
• could reasonably be expected to prejudice an agency’s ability to obtain confidential
information;
• could reasonably be expected to prejudice the competitive commercial activities of an
agency;
• could reasonably be expected to harm the interests of an individual or group of
individuals;
• could reasonably be expected to prejudice the conduct of investigations, audits or
reviews by the Ombudsman or Auditor-General;
• could reasonably be expected to discourage the use of agency’s access and research
services;
• could reasonably be expected to prejudice the management function of an agency;
• could reasonably be expected to prejudice the effectiveness of testing or auditing
procedures;
Defending Australia and its National Interests
Defence 820/23/24
Document 59
4
19.
In coming to the above decision, I have not considered the factors listed in subsection
11B(4) [Irrelevant factors] of the FOI Act.
20.
Accordingly, on balance, the public interest factors against disclosure outweigh the
factors for disclosure of the information. As such, it would be contrary to the public interest
to release the information considered exempt under subsections XX, XX ,XX of the FOI Act.
Further information
21.
Kind regards
s47E(d)
Special Advisor – Freedom of Information Review
Associate Secretary Group
Defending Australia and its National Interests
Defence 820/23/24
Document 60
Reference: FOI XX/XX/XX
FOI XXX/XX/XX STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT
1.
I refer to the email of XX XXXX XXX, in which XX XXXX XXXX (the applicant)
sought an internal review under section 54 of the
Freedom of Information Act 1982 (FOI Act)
of the Accredited Decision Maker’s decision dated XXXX.
2.
The applicant’s request was for access to the following documents under the FOI Act:
“XXXXXXXXXXX”
Background
3.
On XX XXX XXXX, the applicant submitted the following request for documents
under the FOI Act:
“XXXXXXXX”
4.
On XX XXX XXX, the original decision was provided to the applicant.
Original Decision
5.
The original decision identified XXX documents. The decision
a.
partially released/ released in full/ exempted in full XXXX 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 was
considered exempt under section XX [XXXXXX} of the FOI Act; and
b.
removed irrelevant material in accordance with section 22 of the FOI Act.
Contentions
6.
In their application for internal review, the applicant contended:
“XXXXXX”
7.
The purpose of this statement of reasons is to provide the applicant with a fresh
decision relating to the documents.
Reviewing officer
8.
I am authorised to make this internal review decision under arrangements approved by
the Secretary of Defence under section 23 of the FOI Act.
Documents subject to internal review
Defending Australia and its National Interests
Defence 820/23/24
Document 60
2
9.
Taking into account the applicant’s contentions, the fresh searches were undertaken to
identify any additional documents falling within the scope of the applicant’s request.
Internal review decision
10.
After careful consideration, I have decided to uphold the original decision as no
additional documents were located in response to the applicant’s request.
Material taken into account
11.
In arriving at my decision, I had regard to:
a.
the scope of the applicant’s request and subsequent internal review
application;
b.
the original decision;
c.
relevant provisions in the FOI Act;
d.
the
Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
e.
the outcome of fresh searches.
Findings and reasons
12.
Upon receiving the applicant’s request for internal review, fresh searches were
requested from the relevant areas. The fresh searches took into account the applicant’s
contentions that XXXXXXXXXXX {Summary of the contention}.
13.
As part of this internal review, additional searches were undertaken by the XXXXX
and XXXXX {list the line areas}. The searches were conducted in the following locations:
• XXX
• XXXX
14.
In undertaking the fresh searches, the following terms were used by the relevant areas:
• XXXX
• XXX
15.
No additional documents were located as a result of fresh searches that matched the
scope of the request.
16.
Section 24A of the FOI Act provides as follows:
An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
Defending Australia and its National Interests
Defence 820/23/24
Document 60
3
(b) the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
17.
The Guidelines at paragraph 3.89, while noting that the FOI Act is silent on what
constitutes ‘all reasonable steps’, provide as follows:
The meaning of ‘reasonable’ in the context of section 24A(1)(a) has been construed as
not going beyond the limit assigned by reason, not extravagant or excessive, moderate
and of such an amount, size or number as is judged to be appropriate or suitable to
the circumstance or purpose.
Agencies and ministers should undertake a reasonable search on a flexible and
common sense interpretation of the terms of the request. What constitutes a
reasonable search will depend on the circumstances of each request and will be
influenced by the normal business practices in the agency’s operating environment.
18.
Given the wording of the applicant’s request, the Department of Defence (the
Department) is satisfied that appropriate searches were undertaken and that these documents
could not reasonably be expected to be located in a different system.
19.
Accordingly, I am satisfied that all reasonable steps have been taken to locate
documents of the type requested by the applicant and that no such documents are in the
possession of the Department. I have therefore decided to uphold the original decision as no
additional documents were located that matched the scope of the applicant’s request.
Further information
20.
XXXXXXXXXXXXXXXX
s47E(d)
Special Advisor – Freedom of Information Review
Associate Secretary Group
Defending Australia and its National Interests
Defence 820/23/24
Document 61
Reference: FOI XX/XX/XX
Objective ID:
[XXXXXXX]
FOI XX/XX/XX STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT
1.
I refer to email received on
[XX/XX/XX] from
[Third Party name] (the third party
applicant) in which he sought an internal review under section 54A of
the Freedom of
Information Act 1982 (FOI Act) of the Accredited Decision Maker’s decision dated
[XX/XX/XX].
2.
The third party’s internal review application is in respect of an ‘access grant decision’
for the purposes of section 54A(2) of the FOI Act.
Background
Consultation
3.
On
[date], under section 27A of the FOI Act, the third party applicant was consulted
on XXX documents/pages
containing his/her personal information
OR information on his her
business. The consulted documents/pages related to XXXXX
4.
In response to the consultation, on
[date], the third party objected to the release of his
personal information.
FOI Decision
5.
On
[date], the third party applicant was advised that the Accredited Decision Maker
had considered
his/her objections.
6.
The Accredited Decision Maker did not agree with all the third party’s contentions and
therefore redactions were not made on all of the material the third party objected to being
released.
7.
The third party applicant was provided with the Accredited Decision Maker’s decision
and a copy of the pages in the form approved for release and his review rights.
Internal review application
8.
As redactions were not made on all of the material that the third party objected to
being released on [date], the third party applicant submitted his application for an internal
review of the Accredited Decision Maker’s decision.
Defending Australia and its National Interests
Defence 820/23/24
Document 61
2
9.
To support his application, the applicant contended that:
“XXXXX”
Documents subject to internal review
10.
XXX documents are/is the subject of this internal review decision.
FOI reviewing officer
11.
I am authorised to make this decision under arrangements approved by the Secretary
of the Department of Defence under section 23 of the FOI Act.
Decision
12.
I have carefully considered the third party applicant’s internal review contentions to
further redact information as it is his/her personal information OR relates his/her business
information. I have decided to vary/uphold the original decision.
If varying (DELETE IF UPHOLDING):
13.
I have decided to varying the original decision by removing further material relating to
the third party’s personal information/business affairs under section XXX of the FOI Act.
Material taken into account
14.
In arriving at my decision, I had regard to:
a.
the terms of the applicant’s request;
b.
the third party’s internal review application;
c.
the documents which are subject to internal review;
d.
the original decision;
e.
relevant provisions in the FOI Act;
f.
the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act
(the Guidelines); and
g.
the objections and contentions provided by the third party.
Findings and reasons for decision
USE “STANDARD EXEMPTION WORDING” DOCUMENT and “OAIC CASE LIBRARY
DOCUMENT”
Section 47F – Public interest conditional exemptions – personal privacy
Public interest consideration
15.
In assessing whether disclosure of the conditionally exempt material is, on balance,
contrary to the public interest, I considered the Guidelines provided by the Information
Commissioner, together with a range of factors that favour access to a document set out in
subsection 11B(3) [Public interest exemptions – factors favouring access] of the FOI Act.
Defending Australia and its National Interests
Defence 820/23/24
Document 61
3
16.
I found that the following factors favour the disclosure of the documents:
Remove irrelevant factors
•
promote the objects of the Act;
•
inform debate on a matter of public importance;
•
promote effective oversight of public expenditure;
•
allow a person to access his or her personal information (s 11B(3))
17.
I am convinced that the disclosure of the documents would not increase public
participation in government processes nor scrutiny or discussion of government activities. I
also am of the view that disclosure would not inform debate on a matter of public importance,
promote effective oversight of public expenditure.
Remove irrelevant factors
18.
However, I have found that that following factors weigh against disclosing the
documents:
• could reasonably be expected to prejudice the protection of an individual’s right to
privacy;
• could reasonably be expected to prejudice the fair treatment of individuals and the
information is about unsubstantiated allegations of misconduct or unlawful, negligent
or improper conduct;
• could reasonably be expected to prejudice security, law enforcement, public health or
public safety;
• could reasonably be expected to impede the administration of justice generally,
including procedural fairness;
• could reasonably be expected to impede the administration of justice for an individual;
• could reasonably be expected to impede the protection of the environment;
• could reasonably be expected to impede the flow of information to the police or
another law enforcement or regulatory agency;
• could reasonably be expected to prejudice an agency’s ability to obtain confidential
information;
• could reasonably be expected to prejudice the competitive commercial activities of an
agency;
• could reasonably be expected to harm the interests of an individual or group of
individuals;
• could reasonably be expected to prejudice the conduct of investigations, audits or
reviews by the Ombudsman or Auditor-General;
• could reasonably be expected to discourage the use of agency’s access and research
services;
• could reasonably be expected to prejudice the management function of an agency;
• could reasonably be expected to prejudice the effectiveness of testing or auditing
procedures;
Defending Australia and its National Interests
Defence 820/23/24
Document 61
4
19.
In coming to the above decision, I have not considered the factors listed in subsection
11B(4) [Irrelevant factors] of the FOI Act.
20.
Accordingly, on balance, the public interest factors against disclosure outweigh the
factors for disclosure of the information. As such, it would be contrary to the public interest
to release the information considered exempt under subsections XX, XX ,XX of the FOI Act.
s47E(d)
Special Advisor – Freedom of Information Review
Associate Secretary Group
Defending Australia and its National Interests
Defence 820/23/24
Document 62
Reference: FOI XX/XX/XX
FOI XXX/XX/XX STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT 1.
I refer to the email of XX XXX XX, in which [applicant] sought an internal review
under section 54 of the
Freedom of Information Act 1982 (FOI Act) of the Accredited
Decision Maker’s (ADM) decision dated XXXX.
2.
The applicant’s request was for access to the following documents under the FOI Act:
“XXXXX”
3.
On XX the department undertook an informal and then formal consultation with the
applicant. Despite the consultation the ADM found that the request remained too
voluminous/unclear [choose one].
4.
The ADM in his decision dated XXXX decided that a practical refusal reason exist in
processing the FOI request as the request [choose one] captures a large volume of
documents/pages which would cause an unreasonable diversion of the department’s
resources
OR the request was not clear and therefore the relevant documents could not be
identified.
Contentions
5.
The applicant has requested an internal review of the original decision in which
documents were refused under section 24AA [power to refuse request] of the FOI Act.
6.
The purpose of this statement of reasons is to provide the applicant with a fresh
decision relating to the request for documents.
Reviewing officer
7.
I am authorised to make this internal review decision under arrangements approved
8.
by the Secretary of Defence under section 23 of the FOI Act.
Internal review decision
9.
After careful consideration, I have decided to uphold/vary the original decision by
[choose one] captures refusing access/ releasing in part/ releasing in full the documents that
are the subject of the request under section 24AA [Power to refuse request-diversion of
resources etc.] of the FOI Act.
Material taken into account
10.
In arriving at my decision, I had regard to:
a. the scope of the applicant’s request and subsequent internal review application;
b. the original decision;
c. the content of the documents subject to the internal review;
d. relevant provisions in the FOI Act;
Defence 820/23/24
Document 62
e. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
f. the outcome of searches of the electronic record management system,
Objective.
Findings and reasons
11.
Section 24 of the FOI Act provides that:
(1) If an agency or Minister is satisfied, when dealing with a request for a document
that a practical refusal reason exists in relation to the request (see section 24AA), the
agency or Minister:
(a) must undertake a request consultation process (see section 24AB); and
(b) if, after the request consultation process, the agency or Minister is satisfied
that the practical refusal reason still exists—the agency or Minister may
refuse to give access to the document in accordance with the request.
12.
Section 24AA of the FOI Act provides that:
(1) For the purposes of section 24, a practical refusal reason exists in relation to a
request for a document if either (or both) of the following applies:
(a) the work involved in processing the request:
(i) in the case of an agency – would substantially and unreasonably
divert the resources of the agency from its other operations.
(b) the request does not satisfy the requirement in paragraph 15(2)(b)
(identification of documents).
If request is too voluminous (delete if irrelevant)
13.
In coming to my decision I considered a sample of documents. This sample relates to
XXXX and consists of XX document and XXX pages. The time taken for a departmental
officer (and a decision maker) to processes this sample alone would be XXXX hours or XXX
days or XXX weeks (delete irrelevant). The time taken has been calculated conservatively in
favour of the applicant. This time does not take into account XXXX (delete if irrelevant).
Consequently, the time taken to process this request in its entirety would be significantly
greater.
14.
If this request was to be processed in its current form in its entirety it would have a
substantial and adverse effect on XXX’s [line area] ability to XXXXXXX [summary of the
line areas functions which would be affected]. Moreover, if this request was to be processed
it would divert the FOI review team from processing other review requests. Consequently, I
am satisfied that if this internal review request was to be processed it would cause an
unreasonable diversion of the Department’s resources.
If request is unclear (delete if irrelevant)
15.
Despite informal and formal consultation during the original FOI request and the
review processes the scope request remains in a form that does not provide adequate
information concerning the document that would enable the Department to identify the
relevant documents. The reason the documents could not be identified is because XXXXXX
Defence 820/23/24
Document 62
Further information
16.
Kind regards
Accredited Decision Maker- Internal Review
Defence 820/23/24
Document 63
Subject: Outcome of Internal Review – FOI 000/19/20
Dear [applicant name]
Thank you for your email dated [date], asking for an internal review of the decision you
received under the
Freedom of Information Act 1982 (FOI Act).
This email is to inform you of the decision by [s47E(d)
, Special Advisor Freedom
of Information Review] on your internal review application.
The statement of reasons detailing [s47E(d)
] decision and documents in form approved
for release (Delete if refuse in full) are attached.
FOI Disclosure Log (Remove section for documents containing personal or business
information)
In accordance with the requirements of section 11C of the FOI Act, Defence is required to
publish details of information released under the FOI Act.
Defence publishes identified
documents relating to requests within five working days of receipt by the applicant or
immediately fol owing any publication of the released material. Defence wil also publish the
statement of reasons with privacy deletions.
This request wil be published on <date> or
immediately fol owing publication.
OR
In accordance with Section 11C(1) of the FOI Act, this request wil not be published. It
contains personal or business information that Defence considers would be unreasonable to
publish.
Rights of review
The FOI Act provides for rights of review of decisions. Should you be dissatisfied with [s47E(d)
s47E(d)
] decision you have the right to seek review. Please find attached a copy of your
review rights
If you have any questions in relation to this matter, please contact this office.
Kind regards
Defence 820/23/24
Document 64
Subject:
FOI XXX/XX/XX- Extension of time
Dear XX XXXX
Thank you for your patience while Defence has been processing your request for an internal review in
relation to FOI XX/XX/XX
Due to XXXXXXXX in relation to this Internal Review and the associated delays, we are unable to provide
you a decision by the statutory deadline of XX XXX XXXXX.
We will be seeking an extension of time in relation to this matter from the Office of the Australian
Information Commissioner, and will endeavour to complete your review as soon as possible.
If you have any questions please do not hesitate to contact us at xxxxxxxxx@xxxxxxx.xxx.xx
Kind regards,
FOI Review Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
PO Box 7910 Canberra BC ACT 2610
Email: xxxxxxxxx@xxxxxxx.xxx.xx
http://www.defence.gov.au/FOI/privacy.asp
IMPORTANT: This email remains the property of the Department of Defence. Unauthorised communication and
dealing with the information in the email may be a serious criminal offence. If you have received this email in error,
you are requested to contact the sender and delete the email immediately.
1
Defence 820/23/24
Document 65
Email: To OAIC Case manager or xxxxx@xxxx.xxx.xx
Cc: FOI Review
Subject: Department of Defence Internal Review FOI Request XXX/XX/XX request for extension
Dear Office of the Australian Information Commissioner,
On XX XXXXX XXXX, Mr/Ms Smith (the applicant) applied for an internal review of a Freedom of
Information (FOI) decision dated XXX XXX XXXX. The internal review application is attached for your
information.
Request for extension
Section 54D of the
Freedom of Information Act 1982 (FOI Act) provides that an agency may apply to
the Office of the Australian Information Commissioner (OAIC) for further time to deal with an
application for Internal Review, if the initial decision making period has ended.
The internal review decision was due to the applicant on XX XXXX XXXX.
Basis for extension
This FOI request relates to documents created by the Department of Defence (the Department) in
regards to the applicant Defence Abuse Task Force Complaint. Defence has already found possible
further documents but it requires the legal area to view 2 files. One file contains 521 documents and
the other over 1000 documents. The Department has been in consultation with Defence Legal in
relation to the request and is currently awaiting their Review of searches. Additionally, the internal
review has been delayed due to staff shortages and issues associated with the current working
environment. The applicant was contacted by telephone and email about the extension of time
application and indicated they were supportive of the extension. A copy of this response is attached.
Extension sought
The Department seeks an extension of XXX weeks which wil bring the date to provide the applicant
with a decision to XXXX. The Department wil provide a decision earlier if possible.
I look forward to hearing from you.
Kind Regards
Defence 820/23/24
Document 66
s22
Dear all,
Please find attached the internal review
Freedom of Information Act 1982 decision, prepared in
response to a request from APPLICANT”S NAME. The decision wil be released on DATE
The internal review upholds/varies the original decision to release in full/release in part/ exempt in
full on grounds of section XXXXX.
Talking points are attached and the contact officer for the request is XXXX, (PHONE NUMBER)
Background
On DATE , the applicant requested access to the fol owing documents:
“SCOPE OF REQUEST”
On DATE, the Department provided the applicant with original decision which decided to release in
full/release in part/ exempt in full on grounds of section XXXXX.
On DATE, the applicant sought an internal review of the decision.
Kind regards
YOUR SIGNATURE BLOCK
Defence 820/23/24
Document 67
From:
FOIReview
Subject: Acknowledgement of Internal review – FOI XX/XX/XX
Dear Mr/Mrs/Ms XXX
This response is to acknowledge the receipt of your email below.
In that email you requested an internal review under section 54 of the
Freedom of Information Act 1982 (FOI Act) of the
decision issued by the Department on XXX.
The review you are seeking is in relation to the scope of your original FOI request:
‘<original scope request>
.'
The Department’s statutory deadline to issue an internal review decision is 30 days from the date we received the
request. Consequently, you will receive a decision in regards to your review by
XXXXX OR As the date for your
decision fal s on a weekend, you will receive your decision on the next business day which is
XXXX .
Paragraph 3.141
of the Guidelines issued by the Office of the Australian Information Commissioner, states
'the
processing period refers to calendar days, not business (working) days. This will include any public holidays that fall
within the processing period.[44] If the last day for notifying a decision falls on a Saturday, Sunday or a public holiday,
the timeframe will expire on the first day following which is none of those days.' [delete if not applicable]
In the meantime, please do not hesitate to contact our office if you have any questions.
Regards
FOI Review Team
FOI Review Directorate
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
xxxxxxxxx@xxxxxxx.xxx.xx
PO Box 7910
s47E(d)
Canberra BC ACT 2610
1
Defence FOI 820/23/24
Document 68
Reference: FOI XX/XX/XX
Objective ID:
XXX
FOI XX/XX/XX STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT
1.
I refer to XX application of XX in which he sought an internal review under section
54 of the
Freedom of Information Act 1982 (FOI Act) of the Accredited Decision Maker’s
decision, dated XXXX .
Original decision
2.
The applicant’s original decision refused XXX’s request for amendment of XXXX.
The applicant’s request was to have his Record of Service amended under section 48 of the
FOI Act:
XXXXXXX.
Contentions
3.
In the internal review application the applicant stated:
XXXXXXX
4.
The purpose of this statement of reasons is to provide the applicant with a fresh
decision.
Reviewing officer
5.
I am authorised to make this decision under arrangements approved by the Secretary
to the Department of Defence under section 23 of the FOI Act.
Document subject to amendment application
6.
Section 50 [Amendment of records] of the FOI Act allows an agency to amend a
document only where the decision maker is satisfied that the record of personal information to
which the application relates is contained in a document of the agency.
7.
I have identified XXX document titled “XXX” as the document which is subject of
the amendment application under the FOI Act.
Decision
8.
Following additional searches the document titled “XXX” was located which
indicates that the information, to which the applicant has referred to, is incomplete/inaccurate.
Accordingly, I have decided to amend it.
Defence FOI 820/23/24
Document 68
9.
I have decided to amend the “XXXX” by adding the words:
“XXXXX”
Material taken into account
10.
In making my decision, I had regard to:
a.
the scope of the applicants request and subsequent internal review
application;
b.
the evidence provided by the applicant;
c.
the original decision;
d.
contents of the documents subject to the internal review;
e.
relevant provisions in the FOI Act;
f.
the
Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and advice
provided by staff at XXXXXX
Finding and reasons
11.
Section 50 [Amendment of records] of the FOI Act states:
Where the agency or Minister to whom such an application is made is satisfied that:
(a) the record of personal information to which the request relates is contained in a
document of the agency or an official document of the Minister, as the case may be; and
(b) the information is incomplete, incorrect, out of date or misleading; and
(c) the information has been used, is being used or is available for use by the agency or
Minister for an administrative purpose;
12.
Therefore a record can only be amended where the decision maker is satisfied that:
a.
the record of personal information to which the application relates is
contained in a document of the agency;
b.
the applicant has previously had lawful access to the document;
c.
the information is incomplete, incorrect, out of date or misleading; and
d.
the information has been used, is being used or is available for use by the
agency for an administrative purpose.
13.
The amendment provisions in Part V of the FOI Act apply to personal information
contained in a document. 'Personal information' has the same meaning as in the
Privacy Act
1988 which:
‘
means information or an opinion about an identified individual, or an individual
who is reasonably identifiable:
(a)
whether the information or opinion is true or not; and
(b)
whether the information or opinion is recorded in a material form or
not.’
Defence FOI 820/23/24
Document 68
14.
I am satisfied the information to which the applicant refers is personal information
about him.
15.
I found that that the personal information is contained within documents identified
by the Department’s that the information has been used for an administrative purpose.
16.
I have considered whether the information is incomplete, incorrect, out of date or
misleading in some way (section 50 FOI Act).
Remove irrelevant paragraphs
17.
I have found that the information is 'incomplete'. That is to say that it fails to record a
necessary detail or fails to deal with all the relevant facts and circumstances surrounding the
personal information in question.
18.
I have found that the information is ‘incorrect’. The Guidelines dealing with
amendment and annotation of personal records indicate 'incorrect' bears its normal everyday
meaning. I understand the normal everyday meaning of 'incorrect' is that the information is
factually erroneous or wrong in some respect.
19.
I have found that the information is ‘out of date’. Personal information might become
'out of date' as an individual's circumstances change. The information might not take into
account subsequent information, coming into existence since the document was created.
Information can be said to be 'misleading' if it could lead a reader into error, give the wrong
impression or convey a second meaning which is untrue.
20.
Taking into account the outcome of searches, I am satisfied that the “XXX” of the
applicant is incomplete/incorrect/out of date” and have decided to have the document
amended.
Accredited Decision Maker – Internal Review
Defence 820/23/24
Document 69
FREEDOM OF INFORMATION FOI 738/22/23 – INTERNAL REVIEW
SCHEDULE OF DOCUMENTS
Document
Date
Document
Decision
description
under
Reason for decision
Deleted material is exempt, under
sections 47E(c) and section 47E(d)
1
Email
Full refusal
of the FOI Act.
2
Correspondence
Full refusal
Defence 820/23/24
Document 70
Attachments:
Exemptions for line areas.docx
Good afternoon [Groups/service name]
The purpose of this email is to seek your urgent assistance, on behalf of s47E(d)
, Special Advisor FOI
Reviews in understanding any sensitivities in the relevant documents that are subject to an
internal review application
under the
Freedom of Information Act 1982 (FOI Act).
Your response is due by cob [Date].
Introduction
[Applicant name] has applied for internal review of the decision made by [ADM name] on [date] on the grounds that
the exemptions were incorrectly applied in redacting the documents in the initial decision. A copy of the FOI
statement of reason from the initial decision is at attached. The application for
internal review, made pursuant to
section 54 of the FOI Act, is also attached. I have also attached the document titled “Exemptions for the line area” for
you to populate.
Background
[Applicant name] originally requested access to the following documents under the FOI Act:
"FOI Request here.”
Internal Review Contentions
4.
The applicant believes exemptions XXX [XXX}, XXX [XXXX] and XXXX [XXX] of the FOI Act.
Request to undertake additional searches for documents
We now require your advise in regards to any sensitivities in the documents and whether you believe these
sensitivities should be redacted according to the exemptions of the FOI Act. Could you please advise us whether in
your opinion the following exemptions apply to the document and if so could you please fill out the tables that relates
to those exemptions in the attached “Exemptions for the line area document”.
XXX
[XXX]
XXX[XXXX]
XXXX[XXX]
In filling out the tables in the attached document please note:
The questions are long to assist you to respond. However the response itself will usually be a one
word answer or one or two lines.
Please respond in the green boxes
If you do not have an answer to some of the questions leave that part blank or briefly explain why
you cannot answer that question
If you are unsure at any point or have any questions please feel free to call me
Time Limit
The FOI Act only allows 30 days to conduct and finalise the internal review application. We are unable to seek any
extensions over 30 days when conducting a review.
I would appreciate if you could provide the information and details of searches as requested above
by
cob [date
response is due]. If you require additional time please contact me as soon as possible.
1
Defence 820/23/24
Document 70
I am the allocated case manager for this matter. If you have any questions in relation to the above request please do
not hesitate to contact me.
Regards
YOUR SIGNATURE BLOCK
2
Defence 820/23/24
Document 71
From:
FOIReview
Cc:
s47E(d)
FOIReview
Subject:
New Internal/External Review – FOI XXX/22/23
s22
Dear all,
Defence has received a new internal review application from [Applicant Name] for access to:
OR ( Choose relevant sentence)
The Office of the Information Commissioner (OAIC) has notified Defence that [Applicant name], on behalf
of [name/organisation], has applied for an external review for access to:
“SCOPE OF THE REQUEST”
In seeking an external/internal review the applicant contends that section XX [XXX] of the
Freedom of
Information Act 1982 (FOI Act) was incorrectly applied in redacting the documents OR/AND additional
documents should have been located and has requested for fresh searches.
Background (if required for further details)
On [Date] the applicant submitted an FOI request.
On [Date], consultation with 4 third parties were conducted.
On [Date] the initial decision was made by [ADM’s name} to release in full/ deny access/partially release
XXX documents and under section XX[XX} of the FOI Act.
On [Date] the applicant sought an external/internal review.
On [Date] the internal review decision was to Vary/Uphold the initial decision If it’s an external review and
an internal review was previously done.
I have attached the application for the internal/external review and the initial decision/Statement of
Reasons for your information.
Regards,
FOI Reviews
FOI Review Directorate
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
1
Defence 820/23/24
Document 71
xxxxxxxxx@xxxxxxx.xxx.xx
PO Box 7910
s47E(d)
Canberra BC ACT 2610
2
Defence 820/23/24
Document 72
On [Date] the initial decision was made by [ADM’s name} to release in full/ deny access/partially release
XXX documents and under section XX[XX] of the FOI Act.
On [Date] the applicant sought an external/internal review.
On [Date] the internal review decision was to Vary/Uphold the initial decision If it’s an external review and
an internal review was previously done.
I have attached the application for the internal/external review and the initial decision statement of reason
for your information
s22
Regards,
[INSERT SIGNATURE]
2
Defence 820/23/24
Document 73
Reference: FOI XX/XX/XX
Objective ID:
XXX
FOI XX/XX/XX STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT
1.
I refer to XX application of XX in which he sought an internal review under section
54 of the
Freedom of Information Act 1982 (FOI Act) of the Accredited Decision Maker’s
decision, dated XXXX .
Original decision
2. The applicant’s original decision refused XXX’s request for amendment of XXXX. The
applicant’s request was to have his Record of Service amended under section 48 of the FOI
Act:
XXXXXXX.
Contentions
3.
In the internal review application the applicant stated:
XXXXXXX
4.
The purpose of this statement of reasons is to provide the applicant with a fresh
decision.
Reviewing officer
5.
I am authorised to make this decision under arrangements approved by the
Secretary to the Department of Defence under section 23 of the FOI Act.
Document subject to amendment application
6.
Section 50 [Amendment of records] of the FOI Act allows an agency to amend
a document only where the decision maker is satisfied that the record of personal information
to which the application relates is contained in a document of the agency.
7.
I have identified XXX document titled “XXX” as the document which is
subject of the amendment application under the FOI Act.
Decision
8.
I have decided to uphold the original decision not to refuse to amend the
“XXXX”.
Defence 820/23/24
Document 73
9.
EXPLANATION OF STEPS TAKEN TO LOCATE A DOCUMENT THAT
WARRENTS THE REQUESTED AMENDMENT
10.
In making my decision, I had regard to:
a.
the scope of the applicants request and subsequent internal review
application;
b.
the evidence provided by the applicant;
c.
the original decision;
d.
contents of the documents subject to the internal review;
e.
relevant provisions in the FOI Act;
f.
the
Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and advice
provided by staff at XXXXXX
Annotation
11.
In accordance with section 51 of the FOI Act, as my decision is to refuse to amend the
document in whole or in part in accordance with the application under section 48, the
Department is required to take reasonable steps to enable the applicant to annotate the
document(s) which he has requested be amended.
12.
Based on the above, I have formed the view that under section 51(1) of the FOI Act an
annotation would be considered reasonable. If the applicant so chooses the annotation to his
personal file would read as:
“XXXXX”
Accredited Decision Maker – Internal Review
