DEFENCE FOI 493/24/25
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by John Davis (the applicant), dated and received on
18 December 2024 by the Department of Defence (Defence), for access to the
following documents under the Freedom of Information Act 1982 (Cth) (FOI Act):
…the Decision Brief which relates to ADF social media and the decision to remove the
1JPAU social media and associated presence (YouTube and Instagram).
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 falling within the scope of the request.
Decision
4.
I have decided to refuse 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.
Material taken into account
5.
In making my decision, I have had regard to:
a. the terms of the request;
b. relevant provisions of the FOI Act;
c. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
d. advice received from personnel within the Ministerial and Executive
Coordination and Communication Division (MECC) in Governance Group, the
Australian Army (Army) and Joint Capabilities Group (JCG).
REASONS FOR DECISION
Section 24A – Requests may be refused if documents cannot be found, do not exist or have
not been received
6.
Section 24A(1) of the FOI Act states:
(1) 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
(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.