DEFENCE FOI 596/24/25
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by Mr Squiggle (the applicant), dated and received on
3 February 2025 by the Department of Defence (Defence), for access to the following
documents under the
Freedom of Information Act 1982 (Cth) (FOI Act):
“I refer to the 'Defence Gifts and Benefits Disclosure 1 July 2024 to 30 September
2024' at the following link:
https://www.defence.gov.au/sites/default/files/2024-
10/DefenceGiftsandBenefitsDisclosure1july2024-30September2024_0.pdf
The table lists 8 officials who have declared memberships of Qantas Chairman's
Lounge or Virgin's Beyond lounge.
I request the following documents under the FOI Act:
1. For each of the named individuals, their total number of flights and total
expenditure, by airline, for the most recent available 12 month period (only flights
funded by the department)
2. Any documents that detail any assessments made as to the 'estimated value' of
these memberships (including those made by the individuals, or the department).
3. Any documents that detail any reasons for accepting (or declining) invitations to
these exclusive airline lounges.
4. Any documents that are requests for advice from these individuals, or advice given
to these individuals, that touch on whether the memberships are in accordance with
applicable policies in relation to conflict of interest, gifts, etc.”.
Background
2.
On 3 March 2025, the period for dealing with the request was extended from
5 March 2025 until 4 April 2025 under section 15(6) [extension of processing period
to comply with requirements of section 26A, 27 or 27A] of the FOI Act to enable
consultation in accordance with sections 27 and 27A of the FOI Act.
FOI decision maker
3.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
4.
I have identified one document as falling within the scope of this request.
2
5.
One document was generated under section 17 of the FOI Act matching the
description of item 1 of this request. In accordance with section 17 of the FOI Act:
a. a written document was produced containing the information by using a
‘computer or other equipment that is ordinarily available to the agency for
retrieving or collating stored information’ (section 17(1)(c)(i)); and
b. producing the written document did not ‘substantially and unreasonably divert
the resources of the agency from its other operations’ (section 17(2)).
6.
I note there were no records of travel within the timeframe specified for one of the
named individuals, therefore no details were recorded within the generated document.
Decision
7.
I have decided to:
a. release the generated document in full under the FOI Act; and
b. refuse items 2 – 4 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.
Material taken into account
8.
In making my decision, I have had regard to:
a. the terms of the request;
b. the content of the identified document in issue;
c. relevant provisions of the FOI Act; and
d. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines).
e. advice received from Defence Finance Group (DFG), Defence Integrity
Division (DID) and Defence People Group (DPG) in relation to document
searches; and
f. responses in relation to the consultation undertaken under section 27 and 27A
of the FOI Act.
REASONS FOR DECISION
Section 24A – Requests may be refused if documents cannot be found, do not exist or
have not been received
9.
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.
3
10.
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…
11.
To ensure that all reasonable steps have been taken in relation to this request, every
reasonable avenue of locating potential documents matching items 2 – 4 of the request
has been exhausted.
12.
In relation to items 2 - 4 of the request, the Defence Records Management System
Objective was searched by personnel from DFG, DID and DPG for files containing
keywords specific to the request. These searches were conducted between 12 and 17
February 2025 by individuals with roles relevant to the scope.
13.
I am satisfied that the documents cannot be found or do not exist, and refuse items 2 –
4 of the request under section 24A(1) of the FOI Act.
JasonW Digitally signed
by JasonWoods
oods
Date: 2025.04.01
17:46:12 +11'00'
Jason Woods
Accredited Decision Maker
Governance Group
Department of Defence
