23 January 2025
Oliver Smith
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 24/12/00616
File Number:
FA24/12/00616
Dear Oliver Smith
Freedom of Information (FOI) request – Decision
On 11 December 2024, the Department of Home Affairs (the Department) received a request for
access to document under the
Freedom of Information Act 1982 (the FOI Act).
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
1
Scope of request
You have requested access to the following document:
Under the FOI Act, I seek a copy of the Ministerial Brief provided to the office of Home
Affairs Minister Tony Burke on 3/9/24 with the PDR No. MS24-001634.
2
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access document or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
• the terms of your request
• the document relevant to the request
• the FOI Act
• Guidelines published by the Office of the Information Commissioner under section 93A
of the FOI Act (the FOI Guidelines)
• consultation responses from third parties consulted in accordance with the FOI Act
• advice from Departmental officers with responsibility for matters relating to the
document to which you sought access
PO Box 25 Belconnen ACT 2616
• www.homeaffairs.gov.au
link to page 2 link to page 2
4
Document in scope of request
The Department has identified one document as falling within the scope of your request. This
document was in the possession of the Department on 11 December 2024 when your request
was received.
5
Decision
The decision in relation to the document in the possession of the Department which fall within
the scope of your request is as follows:
• Exempt one document in full from disclosure
6
Reasons for Decision
My findings of fact and reasons for deciding that the exemption provision applies to that
information are set out below.
6.1 Section 33 of the FOI Act – Documents affecting National Security, Defence or
International Relations
Section 33(a)(i) of the FOI Act permits exemption of a document if disclosure of the document
would, or could reasonably be expected to cause damage to the security of the Commonwealth.
For the reasons set out below, I consider that there are real and substantial grounds for expecting
that the disclosure of the documents exempted under section 33(a)(i) would cause damage to
the security of the Commonwealth.
Security
‘Security’ is a concept with a fluctuating content which can depend upon the circumstances as
they exist from time to time.
1 ‘Security of the Commonwealth’ is defined in section 4(5) of the FOI
Act as follows
(5) Without limiting the generality of the expression security of the Commonwealth, that
expression shall be taken to extend to:
(a) matters relating to the detection, prevention or suppression of activities, whether within
Australia or outside Australia, subversive of, or hostile to, the interests of the
Commonwealth or of any country al ied or associated with the Commonwealth; and …
I also consider that the definition of ‘security’ in the
Australian Security and Intelligence
Organisation Act 1979 (the ASIO Act) is relevant. This view is in accordance with the guidance
provided by
Staats and National Archives of Australia,2 in which Deputy President Forgie found
that it would be ‘consistent with the scheme of regulation established by Parliament to interpret
the word “security” in both the Archives Act and the FOI Act in a way that mirrors its definition in
the ASIO Act’.
1
Church of Scientology v Woodward (1982) 154 CLR 25 at [19].
2
Staats and National Archives of Australia [2010] AATA 531 (16 July 2010) (austli .edu.au), at [99]
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The ASIO Act defines ‘security’ as:
(a) The protection of, and of the people of, the Commonwealth and the several States and
Territories from:
(i) Espionage
(ii) Sabotage
(iii) Politically motivated violence
(iv) Promotion of communal violence
(v) Attacks on Australia’s defence system; or
(vi) Acts of foreign interference;
Whether directed from, or committed within, Australia or not.
In recent years, the Australian Government has made great advances in bringing its business
online. The benefits of government information and communications technology (ICT) systems
and services becoming increasingly connected wil continue as the government makes the most
of new technologies. However, this new, connected way of doing business also creates
opportunities for adversaries to gain an advantage by exploiting these technologies to access
information of national importance. As our intrusion detection, response, mitigation and threat
assessment capabilities continue to improve, so too do the skil s of cyber threat actors. This
requires us to be vigilant, flexible and proactive in our approach to cyber and information security.
A strong security posture requires ongoing vigilance and resources. By continually hardening our
defences, we have a greater chance of protecting the information entrusted to us. The Australian
Government Information Security Manual (ISM) comprises three complementary documents
designed to provide greater accessibility and understanding at all levels of government. This
Executive Companion details the cyber security threat and introduces considerations for those
most senior in an organisation in mitigating the risks presented by this threat environment.
The security of sensitive government and commercial information, the security of our digital
infrastructure, and public and international confidence in Australia as a safe place to do business
online are critical to our future. Because any Internet–connected device or computer system is
highly susceptible to malicious cyber activity, our dependence on ICT also brings greater
exposure to threats. The threat is not limited to classified systems and information
The Department has developed a Protective Security Policy Framework (PSPF), which includes
information security management policies.
The PSPF ensures that:
• all official information is safeguarded to ensure its confidentiality, integrity, and
availability by applying safeguards so that:
• only authorised people, using approved processes, access information
• information is only used for its official purpose, retains its content integrity, and is
available to satisfy operational requirements
• information is classified and labelled as required.
• all information created, stored, processed, or transmitted in or over government
information and communication technology (ICT) systems is properly managed and
protected throughout all phases of a system's life cycle, in accordance with the
protocols and guidelines set out in the PSPF, which includes the Australian
Government Information Security Manual, produced by the Australian Signals
Directorate.
Successfully protecting Australian networks from an increasingly sophisticated and persistent
cyber threat requires strong collaboration.
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For a document to be exempt under s 33(a)(i), I must be satisfied that, on the balance of
probabilities, disclosure would, or could reasonably be expected to, cause damage to the security
of the Commonwealth.
As such I have decided that the document(s) is exempt from disclosure under section 33(a)(i) of
the FOI Act.
7
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Series/C2004A02562. If you
are unable to access the legislation through this website, please contact our office for a copy.
8
Your review rights
If you disagree with this decision, you have the right to apply for either an internal review or an
Information Commissioner review of the decision.
Internal review
If you want the Department to review this decision, you must make your internal review request
within 30 days of being notified of this decision.
When making your internal review request, please provide the Department with the reasons why
you consider this decision should be changed.
You can send your internal review request to:
Email: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
Or
Postal mail:
Freedom of Information
Department of Home Affairs
GPO Box 241 MELBOURNE VIC 3001
The internal review wil be carried out by an officer who is more senior than the original decision
maker. The Department must make its decision on the review within 30 days of receiving your
request for internal review.
Information Commissioner review
If you want the Australian Information Commissioner to review this decision, you must make your
request to the Office of the Australian Information Commissioner (OAIC) within 60 days of being
notified of this decision.
You can apply for an Information Commissioner review using t
he Information Commissioner
review application form on the OAIC website.
You can find more information about Information Commissioner reviews
on the OAIC website.
9
Making a complaint
You may make a complaint to the Australian Information Commissioner if you have concerns
about how the Department has handled your request under the FOI Act. This is a separate
process to the process of requesting a review of the decision as indicated above.
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You can make an FOI complaint to the Office of the Australian Information Commissioner
(OAIC) at:
FOI Complaint Form on the OAIC website.
10 Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
xxx@xxxxxxxxxxx.xxx.xx.
Yours Sincerely
(Electronically signed)
Tony
Position number: 6170573
Authorised Decision Maker
Department of Home Affairs
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