FOI Reference: LEX 12017
File Reference: 25/5210
April 2025
James Smith,
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear James Smith
Re: Freedom of Information Request I refer to your request received by the Department of Foreign Affairs and Trade (the
department) 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 31 January 2025, you sought access to:
… any documents relating to the appointment of General (Rtd) Angus Campbell AO as
Australia's Ambassador to Belgium, the European Union (EU), the North Atlantic Treaty
Organisation (NATO) and Luxembourg.
On 14 February 2025, the department notified you of our to intention to refuse to process
your request on the grounds that doing so
would substantially and unreasonably divert
resources of the agency from its other operations. You were invited to revise the request in
order that it may be processed.
On 26 February 2025, you respond with:
‘Please exclude media releases from the request. The balance of the request remains.’
On 7 March 2025, 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 the same day, 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 amended request;
• the documents within the scope of your request;
• 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.
Damage to international relations (section 33(a)(iii) of the FOI Act)
Under section 33(a)(iii) of the FOI Act, a document is exempt if its disclosure would, or could
reasonably be expected to, cause damage to the international relations of the
Commonwealth.
The phrase international relations has been interpreted to mean 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 (FOI
Guidelines, paragraph 5.39). This applies to documents, the disclosure of which could
diminish the confidence which another country has in Australia as a reliable recipient of
confidential information, making that country or its agencies less willing to cooperate with
Australian agencies in future (FOI Guidelines, paragraph 5.42).
Furthermore, the expression damage could include intangible damage, including inhibiting
future negotiations between the Australian Government and a foreign government, or the
future flow of confidential information from a foreign government (FOI Guidelines,
paragraph 5.25).
I have had regard to the nature of the information, the circumstances in which it was
communicated, and the nature of Australia’s international relationship with the foreign
country (FOI Guidelines, paragraph 5.40). Based on these considerations, I consider that the
disclosure of the relevant material to which you seek access, would be reasonably likely to
cause damage to Australia’s foreign relationships.
For these reasons, I have decided that that information marked up in the documents is
exempt under section 33(a)(iii) of the FOI Act.
Material communicated in confidence (section 33(b) of the FOI Act)
Under section 33(b) of the FOI Act, a document is exempt if disclosure would divulge any
matter communicated in confidence to the Australian Government by or on behalf of a
foreign government, an authority of a foreign government or an international organisation.
Information is communicated in confidence by or on behalf of another government or
international organisation if it was communicated under an express or implied
understanding that the communication would be kept confidential (FOI Guidelines,
paragraph 5.46).
Paragraph 5.44 of the FOI Guidelines also provides that an understanding of confidentiality
need not be formal and may be inferred from the circumstances in which the
communications occurred.
For these reasons, I have decided that the information marked up in the documents is
exempt under section 33(b) of the FOI Act.
Documents subject to deliberative processes (section 47C of the FOI Act)
Under section 47C(1) of the FOI Act, a document is conditionally exempt if it contains
deliberative matter. Deliberative matter is material that is in the nature of, or relates to (a)
an opinion, advice or recommendation that has been obtained, prepared or recorded, or (b)
a consultation or deliberation that has taken place, in the course of, or for the purposes of, a
deliberative process of the government, an agency or minister (section 47C(1) of the FOI
Act).
Certain material within the scope of your request includes material in the nature of opinions
and recommendations in relation to the departments deliberative processes.
I am also satisfied that the material in question is not operational information (as defined by
section 8A of the FOI Act) or purely factual material (section 47C of the FOI Act) and to the
extent that the conditional exemption material might be considered factual, it is inextricably
intertwined with the deliberative material and cannot be practically excised.
For these reasons, I have decided that the information marked up in the documents is
conditionally exempt under section 47C(1) of the FOI Act.
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 the department’s operations. A substantial adverse effect may be an
indirect effect (FOI Guidelines, paragraph 6.82).
The predicted effect must bear on the departments proper and efficient operations, that is,
the department is undertaking its operations in an expected manner (FOI Guidelines,
paragraph 6.115).
The documents in scope include content which relates to the tracking of internal and
external briefing processes. The department’s functions include managing the flow of
briefings to our internal and external stakeholders. In undertaking this role, the department
works closely with other agencies, including for the purpose of providing information to our
stakeholders regarding international relations.
I am satisfied that disclosure of this material within the scope of your request would
prejudice the flow of similar information to the department in the future and that the
departments inability to obtain similar information in future 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 conditionally 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 well known;
• whether the individuals to whom the information relates are 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 well 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
conditionally exempt under section 47F(1) of the FOI Act.
Conditional exemptions - public interest considerations (section 11A(5) of the FOI Act)
As sections 47C(1), 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;
• inform debate on a matter of public importance; and
• allow an individual access to their own personal information.
I have also considered public interest factors against disclosure, including that disclosure
may reasonably be expected to:
• prejudice the department’s ability to obtain confidential information in future;
• prejudice the department’s ability to participate in deliberative processes;
• prejudice an individual’s right to privacy; and
• prejudice the internal operations and procedures of the department.
On balance, I am of the view that the public interest is weighted against the disclosure of
the conditionally 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)(ii) 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 3 February 2025, 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 all
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.
Declassifying documents
The department will declassify a document before it is released to you. This process involves
redacting the original security classification on a document. If applicable, the redaction will
appear as a black rectangle at the top of the document. For further information regarding
sensitive and classified information please see the Protective Security Policy Framework
www.protectivesecurity.gov.au/system/files/2022-11/protective-security-guidance-for-
executives.pdf.
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
Robert Christie
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.
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 department’s
How to seek a review of this decision
decision to grant access to a document.
Internal review by the department
Further information about third party
review rights is available on OAICs
You may apply for internal review of the
website.
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 (section 54L of the FOI Act). To
receive this notice. Where possible, please
do 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.
Information Commissioner to review this
decision (section 54L of the FOI Act). To
do this, you must contact the IC within 60
calendar days from the day you receive
this notice.
