2021 LGBTI and IDAHOBIT directive
Ben Fairless made this Freedom of Information request to Assistant Minister for Defence as part of a batch sent to 3 authorities
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Assistant Minister for Defence,
Please note - Each email is being sent to a specific minister to request information held by that minister. Please log and treat each request is an individual request made to the relevant minister, and note the unique email address for correspondence in relation to each request.
I refer to this article by the ABC today:
https://www.abc.net.au/news/2021-05-21/d...
To quote:
“The military has been ordered to stop holding morning teas which celebrate diversity and inclusion, as Defence chiefs remind personnel their "primary mission" is to protect Australia.”
== My Request ==
I request:
1. A copy of all documents held by the Ministers office in relation to LGBTI or IDAHOBIT created in 2021. These include:
- documents held electronically in computer systems
- Documents that exist in Instant Messaging applications
- Documents that exist in non-official applications such as WhatsApp, Telegram, Signal and others.
2. A copy of any comments or correspondence made in relation to any of the drafts of the directive referred to by the ABC.
3. A copy of any document in relation to the story published by the ABC, including any request for comment or sign off prior to publication.
3. A copy of any correspondence anyone (including a member of the public) that relates to LGBTI or IDAHOBIT in 2021.
== Exclusions ==
I exclude from my request:
1. Names and contact details of members of the public (who are not public servants, defence members, or Ministerial staff)
2. Direct contact details of public servants, defence members and ministerial staff.
3. Duplicates of documents (for example, please only provide a single email thread if it contains all of the relevant commentary)
== Release of Names ==
I do not consent to the removal of public servant, defence members and ministerial staff names and positions under s.22 as irrelevant. I note that the FOI Guidelines relevantly state:
"6.153 Where public servants’ personal information is included in a document because of their usual duties or responsibilities, it would not be unreasonable to disclose unless special circumstances existed.....
6.154 When considering whether it would be unreasonable to disclose the names of public servants, there is no basis under the FOI Act for agencies to start from the position that the classification level of a departmental officer determines whether his or her name would be unreasonable to disclose. In seeking to claim the exemption an agency needs to identify the special circumstances which exist rather than start from the assumption that such information is exempt."
== Conditional Exemptions - deliberative processes ==
I respectfully remind the Department that, should they wish to argue any of the information is deliberative in nature, I would refer the Department to the relevant section of the FOI Guidelines:
"6.83 Agencies should start with the assumption that public servants are obliged by their position to provide robust and frank advice at all times and that obligation will not be diminished by transparency of government activities."
I look forward to your response.
Yours faithfully,
Ben Fairless
This is the mail system at host righttoknow.org.au.
I'm sorry to have to inform you that your message could not
be delivered to one or more recipients. It's attached below.
For further assistance, please send mail to postmaster.
If you do so, please include this problem report. You can
delete your own text from the attached returned message.
The mail system
<[Assistant Minister for Defence request email]>: Host or domain name not found. Name service error for
name=defence.gov.au type=MX: Host not found, try again
Sent request to Assistant Minister for Defence again.
OFFICIAL
Good morning,
Thank you for contacting Freedom of Information at the Department of
Defence.
We have received your email and you will be advised of the status of your
inquiry by an FOI team member soon.
Kind regards,
Lauren Semaan | Freedom of Information
Enterprise Transformation Branch | Enterprise Transformation and
Governance Division | Department of Defence
a CP1-6-006 Campbell Park Offices ACT 2600
t (02) 6212 1389 |
e [1][email address]
.
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
References
Visible links
1. mailto:[email address]
OFFICIAL
Good afternoon Mr Fairless,
Unfortunately the office you requested these documents from no longer
exists, as such your FOI request cannot be actioned and is considered
complete.
Kind regards,
Jo
Jo Groves | Assistant Director Freedom of Information Media & Sensitive
Enterprise Transformation Branch | Enterprise Transformation and
Governance Division | Department of Defence
CP1-6-008 Campbell Park Offices ACT 2600
m 0417 058 385
[1]http://www.defence.gov.au/FOI/privacy.asp
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
References
Visible links
1. http://www.defence.gov.au/FOI/privacy.asp
file:///tmp/blocked::http:/www.defence.gov.au/FOI/privacy.asp
Groves, Joanne MRS would like to recall the message, "AMINDEF FOI Request 001/20/21 - Deemed complete [SEC=OFFICIAL]".
OFFICIAL
Good afternoon Ben,
Please find attached the decision and documents relating to AMINDEF FOI
001/20/21.
Rights of Review
Under section 54 of the FOI Act, you are entitled to request a review of
this decision. Your review rights are attached.
Should you have any questions in regard to this matter please contact this
office.
Kind regards,
Jo
Jo Groves | Assistant Director Freedom of Information Media & Sensitive
Enterprise Transformation Branch | Enterprise Transformation and
Governance Division | Department of Defence
CP1-6-008 Campbell Park Offices ACT 2600
m 0417 058 385
[1]http://www.defence.gov.au/FOI/privacy.asp
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
References
Visible links
1. http://www.defence.gov.au/FOI/privacy.asp
file:///tmp/blocked::http:/www.defence.gov.au/FOI/privacy.asp