FOI Reference: LEX 11678
File Reference: 25/2536
20 January 2025
CR (Right to Know)
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear CR
Re: Freedom of Information Request
I refer to your request received by the Department of Foreign Affairs and Trade (the
department) on 21 October 2024 for access to documents under the
Freedom of Information
Act 1982 (the FOI Act).
I am writing to provide you with a decision about your request.
I have identified documents relevant to your request. After careful consideration, I have
decided to grant you access to an edited copy of the documents, with irrelevant and exempt
material removed.
Your request
On 22 October 2024, you made the fol owing request:
1. Correspondence between DFAT and Crikey regarding how many Australians have
been evacuated or kil ed as a result of the last 12 months of war in the Middle East.
Crikey states this correspondence started on 11 October 2024.
2. Internal deliberation, decision-making and consultation with relevant line areas
within DFAT as a result of Crikey's request for information. Al documents that were
created as a result of this process. This part should demonstrate:
i) The department's consideration of and response to Crikey's request for information.
ii) The decision-making process on whether to disclose the requested information.
i i) Any discussions about the rationale for not providing certain information or
putting reasoning on the record.
iv) Consultations between different sections or individuals within DFAT regarding this
matter.
On 13 November 2024, the department requested a 21-calendar day extension of time to
process your request (section 15AA of the FOI Act).
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
On 13 November 2024, you consented to the extension of time. The department
subsequently notified the Office of the Australian Information Commissioner (OAIC) of the
extension of time in accordance with our reporting obligations.
On 11 December 2024, the department notified you that it had determined that third party
consultation was required and that the processing period for your FOI request had been
automatically extended by 30-calendar days.
On 6 January 2025, the department requested a 9-calendar day extension of time to process
your request (section 15AA of the FOI Act).
On 6 January 2025, you consented to the extension of time. The department subsequently
notified the Office of the Australian Information Commissioner (OAIC) of the extension of
time in accordance with our reporting obligations.
Authority
I am an officer authorised under section 23 of the FOI Act to make decisions in relation to
FOI requests.
Reasons
In making my decision I have taken into account:
• the terms of your request;
• the documents within the scope of your request;
• consultation undertaken with a third party;
• the FOI Act; and
• the guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act (FOI Guidelines).
The reasons for my decision and for the application of exemptions under the FOI Act to the
document are set out below. Where I refer to sections of the FOI Act, these are available at
www.legislation.gov.au. Where I refer to parts of the FOI Guidelines, these are available at
OAIC | FOI Guidelines.
Substantial adverse effect on an agency’s proper and efficient conduct of operations
(section 47E(d) of the FOI Act)
Under section 47E(d) of the FOI Act, a document is conditionally exempt if disclosure would,
or could reasonably be expected to have a substantial adverse effect on the proper and
efficient conduct of an agency’s operations. A ‘substantial adverse effect’ may be an indirect
effect (paragraph 6.82 of the FOI Guidelines).
The predicted effect must bear on the department’s ‘proper and efficient’ operations, that
is, the department is undertaking its operations in an expected manner (paragraph 6.115 of
the FOI Guidelines).
The documents include departmental processes for preparing and responding to media
enquiries, which if disclosed would, or could reasonably be expected to, have a substantial
adverse effect on the department’s ability to undertake its operational activities effectively
and efficiently.
For these reasons, I have decided that the information marked up in the documents is
conditionally exempt under section 47E(d) of the FOI Act.
Unreasonable disclosure of personal information (section 47F(1) of the FOI Act)
Under section 47F(1) of the FOI Act, a document is conditional y exempt if its disclosure
would involve the unreasonable disclosure of personal information about any person.
Personal information refers to 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.
The test of unreasonableness implies a need to balance the public interest in disclosure of
government-held information and the private interest in the privacy of individuals (FOI
Guidelines, paragraph 6.133).
I have had regard to the following matters in considering whether disclosure of some
information would involve an unreasonable disclosure of personal information:
• the extent to which the information is wel known;
• whether the individuals to whom the information relates is known to be
(or to have been) associated with the matters in the documents;
• the availability of the information from publicly accessible sources; and
• any other matters that the agency considers relevant (section 47F(2) of
the FOI Act).
Having regard to the nature of the information, and the implications for the identified
individuals if disclosed, I am satisfied that the disclosure of the personal information in this
case would be unreasonable. I am not satisfied that the information is wel known or
publicly available, or that the disclosure of the relevant information would achieve a public
purpose.
For these reasons, I have decided that the information marked up in the documents is
conditional y exempt under section 47F(1) of the FOI Act.
Conditional exemptions - public interest considerations (section 11A(5) of the FOI Act)
As sections 47E(d) and 47F(1) of the FOI Act are conditional exemptions, I must grant you
access to this material unless providing access would, on balance, be contrary to the public
interest (section 11A(5) of the FOI Act).
In assessing the public interest, I have considered the FOI Guidelines referred to above and
the public interest factors listed in section 11B of the FOI Act as favouring access, including
whether granting access to the documents would promote the objects of the FOI Act.
I have also considered public interest factors against disclosure, including that disclosure
may reasonably be expected to prejudice an individual’s right to privacy.
On balance, I am of the view that the public interest is weighted against the disclosure of
the conditional y exempt material. In forming this view, I have not taken into account any of
the irrelevant factors specified in section 11B(4) of the FOI Act.
Irrelevant and excluded material (section 22(1)(a)(i ) of the FOI Act)
Some of the material excluded from the documents released to you is outside the scope or
could reasonably be regarded as irrelevant to your request (section 22(1)(a)(ii) of the FOI
Act).
In determining what is relevant to your request, I have taken into account the terms of your
request and the email which you received from the department on 13 November 2024, in
which you were invited to respond if you required the personal information of junior staff
from ministerial offices and government officials not in the Senior Executive Service (SES) or
equivalent, including their email addresses and contact numbers, together with al
signatures, mobile phone numbers, departmental inboxes and technical transmission details
including reference numbers. As you have not stated that you require this information, I
have decided to remove it from the documents being released to you.
Review rights
Information about your review rights is set out in the
Attachment for your reference.
Contact
Should you have any queries regarding this matter please contact the Freedom of
Information Section by email (xxx@xxxx.xxx.xx).
Yours sincerely
Rebecca Vivian
Acting Assistant Secretary
Department of Foreign Affairs and Trade
REVIEW AND COMPLAINT OPTIONS
Further information on applying for an IC
review is available on Office of the
If you consider the department made the
Australian Information Commissioners
wrong decision, please request a review.
(OAIC) website.i
If you are dissatisfied with the way your
Third party review rights
request was processed, please make a
complaint.
Third parties who were consulted by the
department are entitled to seek an
REVIEW
internal review of the departments
How to seek a review of this decision
decision to grant access to a document.
Internal reviewby the department
Further information about third party
review rights is available on OAICs
You may apply for internal review of the
website.i
decision (section 54 of the FOI Act).The
internal review application must be made
You may also apply for an external review
within 30 calendar days from the day you
by the IC (section54L of the FOI Act).To do
receive this notice. Where possible, please
this, you must make your application
attach reasons why you believe review of
within 30 calendar days from the day you
the decision is necessary.
receive this notice.
A new decision maker, who was not
COMPLAINT
involved in the initial decision, will review
How to make a complaint about process
your request, and make a new decision
within 30 calendar days.
Complaint to the department
Any request for internal review should be
If you wish to make a complaint about
directed via email to xxx@xxxx.xxx.xx or
how your FOI request was processed by
addressed to:
the department, we welcome you sending
an email with the details of your
Freedom of Information Section
complaint to the department in the first
Department of Foreign Affairs and
instance via xxx@xxxx.xxx.xx.
Trade
R G Casey Building
Complaint to the IC
John McEwen Crescent
Barton ACT 0221
You may also make a complaint to the IC
about the Departments actions in relation
External review by the Information
to this decision (section 70 of the FOI Act).
Commissioner (IC)
Further information about how to make a
You may apply to the Australian
complaint is available on OAICs website.i i
Information Commissioner to review this
decision (section54L of the FOI Act).To do
this, you must contact the IC within 60
calendar days from the day you receive
this notice.
