SENATOR THE HON MURRAY WATT
MINISTER FOR AGRICULTURE, FISHERIES AND FORESTRY
MINISTER FOR EMERGENCY MANAGEMENT
Ref: LEX-29237
ST
Right to Know
Via email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear ST
Decision on your Freedom of Information request
I refer to your request made by email on 16 March 2023 for access under the
Freedom of
Information Act 1982 (Cth) (
FOI Act) to the following documents:
‘I request a copy of any communication between staff in the office of the Minister for
Agriculture and the Australian Alliance for Animals or any other animal activist group
from 27 February 2023 - Sunday 5 March 2023.
This includes any material relating to announcement of the panel on live sheep export
phase out, announced on 3 March 2023.
For the avoidance of doubt, I am seeking all written communication regardless of
whether by email, letter, SMS, Signal, Whatsapp or other format.’
Your request was made to the Department of Agriculture, Fisheries and Forestry (
the
department). However, from the nature of your request it appeared that you sought documents
from the Minister for Agriculture, Fisheries and Forestry (
the Office), rather than the
department. On 16 March 2023 we asked you to confirm whether your request was made to the
Office, noting that if you did not respond we would proceed to process the request on this basis.
On 20 March 2023, having not received a response from you, we proceeded to process the
request on the basis that it was made to the Office.
My decision
The Office holds 15 documents (totalling 25 pages) that relate to your request.
I have decided to:
• grant you
full access to 1 document (document 13);
• grant you
part access to 7 documents (documents 1, 2, 3, 5, 8, 11, and 15) with some of
the content removed; and
•
refuse access to 7 documents (documents 4, 6, 7, 9, 10, 12, and 14).
I have decided that certain documents, or parts of documents, that you have requested are
exempt under the FOI Act as the information is:
• business information, the disclosure of which would, or could reasonably be expected to,
unreasonably affect a person adversely and be contrary to the public interest (section
47G conditional exemption).
• personal information about other people, disclosure of which would be unreasonable
disclosure of personal information and be contrary to the public interest (section 47F(1)
conditional exemption).
• information which would, or could reasonably be expected to have a substantial adverse
effect on the proper and efficient conduct of the operations of an agency (section 47E
conditional exemption).
On 23 March 2023 the Office acknowledged your request and advised you that we would not
include personal details about our staff. You did not contact the Office again about this. Staff
details have therefore been deleted in accordance with section 22(1) of the FOI Act.
Please see the schedule at
Attachment A to this letter for a detailed list of the documents and
the reasons for my decision.
How we will send your documents to you
The documents are attached.
You can ask for a review of my decision
If you wish to seek an internal review, you must apply to the Office within
30 days after the day
you are notified of this decision. An application for internal review must be made in writing by
post to the FOI Officer or emai
l to xxx@xxxxxxxxxxx.xxx.xx.
Alternatively, you may apply directly to the Office of the Australian Information Commissioner
(
OAIC) to review my decision. An application for review by the Information Commissioner must
be made in writing within
60 days after the day you are notified of this decision. You can also
make a complaint to the Information Commissioner if you have concerns about how the Office
handled your request.
You can find information about requesting a review, making a complaint, and other information
about FOI on the OAIC websi
te www.oaic.gov.au or phone the OAIC on 1300 363 992.
Further assistance
If you have any questions, please emai
l xxx@xxxxxxxxxxx.xxx.xx.
Yours sincerely
Jessica Mitchell
A/g Chief of Staff
12 May 2023
2
SENATOR THE HON MURRAY WATT
MINISTER FOR AGRICULTURE, FISHERIES AND FORESTRY
MINISTER FOR EMERGENCY MANAGEMENT
Attachment A
LIST OF DOCUMENTS FOR RELEASE
LEX-29237
Doc Pages
Date
Description
Decision
Exemption
Comments
No.
1 1-2
February 2023
Correspondence
Release in part
s 47F(1)
Page 1: personal information exempt under s 47F(1).
Page 1: staff details deleted under s 22(1)(a)(ii) (out of
scope).
2 3-4
February 2023
Letter
Release in part
s 47F(1)
Page 4: personal information exempt under s 47F(1).
3 5-8
March 2023
Correspondence
Release in part
s 47E(d)
Page 6: information in relation to certain operations of
agencies exempt under section 47E(d).
s 47F(1)
Page 5-8: personal information exempt under s 47F(1).
Pages 5-7: staff details deleted under s 22(1)(a)(ii) (out of
scope).
5 9-10
February 2023
Correspondence
Release in part
s 47F(1)
Page 14: personal information exempt under s 47F(1).
Page 14: staff details deleted under s 22(1)(a)(ii) (out of
scope).
Doc Pages
Date
Description
Decision
Exemption
Comments
No.
8 11
2/3/2023
Correspondence
Release in part
s 47F(1)
Page 18: personal information exempt under s 47F(1).
Page 18: staff details deleted under s 22(1)(a)(ii) (out of
scope).
11
12
3/3/2023
Correspondence
Release in part
s 47F(1)
Page 21: personal information exempt under s 47F(1).
Page 21: staff details deleted under s 22(1)(a)(ii) (out of
scope).
13
13
March2023
Correspondence
Release in full
N/A
N/A
15
14
March 2023
Correspondence
Release in part
s 47E(d)
Page 25: information in relation to certain operations of
agencies exempt under section 47E(d).
s 47F(1)
Page 25: personal information exempt under s 47F(1).
Page 25: staff details deleted under s 22(1)(a)(ii) (out of
scope).
*Documents
4, 6, 7, 9, 10, 12, and 14 are exempt in full under s 47G(1) (business information conditional exemption) and have been removed from
the document set.
2
REASONS FOR DECISION
What you requested
‘I request a copy of any communication between staff in the office of the Minister for
Agriculture and the Australian Alliance for Animals or any other animal activist group
from 27 February 2023 - Sunday 5 March 2023.
This includes any material relating to announcement of the panel on live sheep export
phase out, announced on 3 March 2023.
For the avoidance of doubt, I am seeking all written communication regardless of
whether by email, letter, SMS, Signal, Whatsapp or other format.’
What I took into account
In reaching my decision, I took into account:
• your original request dated 16 March 2023;
• correspondence with you on 16 and 20 March 2023 clarifying the request will be
processed as a request to the Office rather than the department;
• the documents that fall within the scope of your request;
• consultation with third parties about documents which contain information concerning
them;
• information about:
o the nature of the documents; and
o the Office’s operating environment and functions;
• guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (
Guidelines); and
• the FOI Act.
Reasons for my decision
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided that certain documents and parts of documents that you requested are exempt
under the FOI Act. My findings of fact and reasons for deciding that an exemption applies to
those documents are discussed below.
Section 47F of the FOI Act - unreasonable disclosure of personal information
I have applied the conditional exemption in section 47F(1) to documents 1, 2, 3, 5, 8, 11, and 15.
Section 47F of the FOI Act relevantly provides:
'(1) A document is conditionally exempt if its disclosure under this Act would involve the
unreasonable disclosure of personal information about any person (including a
deceased person).
(2) In determining whether the disclosure of the document would involve the
unreasonable disclosure of personal information, an agency or Minister must have
regard to the following matters:
(a) the extent to which the information is well known;
(b) whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt with in the document;
(c) the availability of the information from publicly accessible sources;
(d) any other matters that the agency or Minister considers relevant.'
Personal Information
The term 'personal information' is defined as follows:
'...information or an opinion about an identified individual, or an individual who is
reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.'
Paragraph 6.130 of the Guidelines provides:
'Personal information can include a person's name, address, telephone number, date of
birth, medical records, bank account details, taxation information and signature.'
I find that documents 1, 2, 3, 5, 8, 11, and 15 contain personal information of other people. This
includes their name and contact details.
Whether disclosure is 'unreasonable'
In addition to the factors specified in section 47F(2) of the FOI Act, paragraph 6.138 of the
Guidelines provides:
'The personal privacy exemption is designed to prevent the unreasonable invasion of
third parties' privacy. 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.'
I am satisfied that the disclosure of the third party personal information would be unreasonable
for the following reasons:
• the identity of the individual concerned is readily apparent or could be easily
ascertained;
• the information is not publicly known;
• the individuals concerned have opposed the release of the information on the
grounds that it is of such a nature that disclosure may cause harm, as the individuals
concerned are not known to be (or to have been) associated with the matters raised
in the documents. I am satisfied that the individual's contentions are reasonable in
the circumstances.
On this basis, I have decided that the personal information included in documents referred to in
the Schedule are conditionally exempt under section 47F(1) of the FOI Act.
Public interest considerations
Section 11A(5) of the FOI Act provides:
'The agency or Minister must give the person access to the document if it is conditionally
exempt at a particular time unless (in the circumstances) access to the document at that
time would, on balance, be contrary to the public interest.'
When weighing up the public interest for and against disclosure under section 11A(5) of the FOI
Act, I have taken into account relevant factors in favour of disclosure. In particular, I have
considered the extent to which disclosure would:
• promote the objects of the FOI Act; and
• inform debate on a matter of public importance;
I have also considered the relevant factors weighing against disclosure, indicating that access
would be contrary to the public interest. In particular, I have considered the extent to which
disclosure could reasonably be expected to:
• prejudice an individual's right to privacy; and
• adversely affect or harm the interests of an individual or group of individuals,
specifically the individuals concerned are not known to be (or to have been)
associated with the matters raised in the documents.
Based on the above factors, I have decided that in this instance, the disclosure of the documents
would, on balance, be contrary to the public interest.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI Act
in making this decision.
Section 47G of the FOI Act – Business information
I have applied the conditional exemption in section 47G(1) to documents 4, 6, 7, 9, 10, 12, and
14.
Section 47G of the FOI Act provides:
‘(1) A document is conditionally exempt if its disclosure under this Act would disclose
information concerning a person in respect of his or her business or professional affairs
or concerning the business, commercial or financial affairs of an organisation or
undertaking, in a case in which the disclosure of the information:
(a) would, or could reasonably be expected to, unreasonably affect that person
adversely in respect of his or her lawful business or professional affairs or that
organisation or undertaking in respect of its lawful business, commercial or
financial affairs; or
(b) could reasonably be expected to prejudice the future supply of information to
the Commonwealth or an agency for the purpose of the administration of a law of
the Commonwealth or of a Territory or the administration of matters
administered by an agency.’
The documents are correspondence between animal activist groups and the Office and contain
information about their lawful business affairs. On this basis, I am satisfied that the document
contains information concerning a person’s business, commercial or financial affairs. Following
consultations with the relevant organisations, I am further satisfied that the disclosure of the
material would, or could reasonably be expected to unreasonably affect the organisation
adversely in respect of their business affairs, being the ability to have confidential
communications with the government for effective consultation and the effective provision of
information. As such, I am satisfied that the relevant documents are conditionally exempt under
section 47G(1) of the FOI Act.
Public interest considerations
Section 11A(5) of the FOI Act provides:
'The agency or Minister must give the person access to the document if it is conditionally
exempt at a particular time unless (in the circumstances) access to the document at that
time would, on balance, be contrary to the public interest.'
When weighing up the public interest for and against disclosure under section 11A(5) of the FOI
Act, I have taken into account relevant factors in favour of disclosure. In particular, I have
considered the extent to which disclosure would:
• promote the objects of the FOI Act; and
• inform debate on a matter of public importance, being animal welfare.
I have also considered the relevant factors weighing against disclosure, indicating that access
would be contrary to the public interest. In particular, I have considered the extent to which
disclosure could reasonably be expected to:
• adversely effect the ability of the relevant animal activist groups to carry out their lawful
business, including confidentiality communicating with the government to ensure
effective consultation and the provision of information; and
• adversely effect the future supply of information from interest groups to government.
Based on the above factors, I have decided that in this instance, the disclosure of the documents
would, on balance, be contrary to the public interest.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI Act
in making this decision.
Section 47E(d) of the FOI Act – certain operations of agencies
I have applied the conditional exemption in section 47E(d) to documents 3 and 15.
Section 47E(d) of the FOI Act relevantly provides:
A document is conditionally exempt if its disclosure under this Act would, or could
reasonably be expected to, do any of the following:
…
(d) have a substantial adverse effect on the proper and efficient conduct of the
operations of an agency.
The documents are invitations from the Office to attend a videoconference. The documents
contain the relevant videoconference link, password, phone number and other video
conferencing service details. I am satisfied that the material in the documents relates to the
Office’s function of sharing information with and obtaining information from relevant industry
participants.
I consider that the disclosure of this information would, or could reasonably be expected to have
a substantial adverse effect on the proper and efficient conduct of this function, being the ability
to confidentiality liaise with relevant industry participants and control attendance at these
meetings.
On this basis, I have decided that the information included in documents referred to in the
Schedule is conditionally exempt under section 47E(d) of the FOI Act.
Public interest considerations
Section 11A(5) of the FOI Act provides:
'The agency or Minister must give the person access to the document if it is conditionally
exempt at a particular time unless (in the circumstances) access to the document at that
time would, on balance, be contrary to the public interest.'
When weighing up the public interest for and against disclosure under section 11A(5) of the FOI
Act, I have taken into account relevant factors in favour of disclosure. In particular, I have
considered the extent to which disclosure would promote the objects of the FOI Act. Weighing
against disclosure, and indicating that access would be contrary to the public interest, I have
considered the extent to which disclosure could reasonably be expected to prejudice the Office’s
ability to communicate confidentiality with industry participants using a secure
videoconferencing service.
Based on the above factors, I have decided that in this instance, the disclosure of the documents
would, on balance, be contrary to the public interest.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI Act
in making this decision.
Summary of my decision
In conclusion, I have decided to:
• grant you full access to 1 document;
• grant you part access to 7 documents; and
• refuse access to 7 documents.
I have decided that:
• documents 1, 2, 3, 5, 8, 11, and 15 are conditionally exempt, in full or in part, under
section 47F(1) of the FOI Act, and disclosure would be contrary to the public interest for
the purposes of section 11A(5).
• documents 4, 6, 7, 9, 10, 12, and 14 are conditionally exempt, in full or in part, under
section 47G(1) of the FOI Act, and disclosure would be contrary to the public interest for
the purposes of section 11A(5).
• Documents 3 and 15 are conditionally exempt, in part, under section 47E(d) of the FOI
Act, and disclosure would be contrary to the public interest for the purposes of section
11A(5).
