Information Management
and Access Branch
Department of Defence
CP1-6-001
PO Box 7910
CANBERRA BC ACT 2610
Tel: 02 626 62200
Fax: 02 626 62112
xxx@xxxxxxx.xxx.xx
Our reference: FOI 353/14/15
Mr Nicholas Golsvelt
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Golsvelt
NOTICE OF DECISION ON FREEDOM OF INFORMATION REQUEST
1.
I refer to your email, dated 2 May 2015, in which you requested access, under the
Freedom of Information Act 1982 (FOI Act), to:
“…the budgeted costs related to Price [sic]
Harry of the United Kingdom's attachment
to the Australian Defence Forces, that are above and beyond normal operating
costs…”
Background
2.
The purpose of this letter is to provide you with the decision relating to the documents
that are the subject of your request.
FOI decision maker
3.
Lieutenant Colonel (LTCOL) Damien Spendelove, Chief Legal Officer, Office of the
Chief of Army, is the authorised officer pursuant to section 23 of the FOI Act to make a
decision on this FOI request.
Documents identified
4.
LTCOL Spendelove identified one document as matching the description of your
request. The document in the form approved for release is at Enclosure 1.
Decision
5.
LTCOL Spendelove has decided to partially release the document with deletions made
in accordance with subsection 22(1) [Access to edited copies with exempt or irrelevant matter
deleted] of the FOI Act, on the grounds that the deleted material is considered exempt under
section 47F [personal privacy] of the FOI Act.
Defending Australia and its National Interests
2
Material taken into account
6.
In making his decision, LTCOL Spendelove had regard to:
a.
the terms of the request;
b.
the content of the identified document in issue;
c.
relevant provisions in 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).
Reasons for decision
Personal privacy – Section 47F of the FOI Act
7.
The document contains signatures of APS personnel and the PMKeyS number of an
ADF member.
8.
To determine whether the disclosure of the identified personal information was
unreasonable, LTCOL Spendelove had regard to the criteria specified in section 47F(2) of the
FOI Act:
a.
the extent to which the information is well known;
b.
whether the persons to whom the information relates are known to be (or to
have been) associated with the matters dealt with in the document; and
c.
the availability of the information from publicly accessible sources.
9.
Against these three criteria, LTCOL Spendelove found:
a.
the specific personal information listed is not well known;
b.
the individuals whose personal information is contained in the document are
not widely known to be associated with the matters dealt with in the documents; and
c.
the information is not readily available from publicly accessible sources.
10.
With reference to the assessment above, LTCOL Spendelove considers that the release
of signatures and PMKeyS numbers would be an unreasonable disclosure of personal
information and therefore conditionally exempt under section 47F(1) of the FOI Act.
11.
Section 11 (5) of the FOI Act requires Defence to allow access to conditionally
exempt documents unless access to the documents would be contrary to the public interest.
Public interest considerations – Section 47F
12.
When assessing whether disclosure is on balance, contrary to the public interest,
LTCOL Spendelove has considered the guidelines provided by the Australian Information
Commissioner, together with a range of factors that favour access to a document as set out in
section 11B(3) [Public interest exemptions – factors] of the FOI Act.
13.
LTCOL Spendelove has considered the public interest in promoting the objects of the
FOI Act. In this regard, he is satisfied that the identified personal information would not
inform public debate on any matter of public importance. Additionally, the disclosure of this
information would not promote oversight on public expenditure or allow a person to access
his or her own personal information.
3
14.
In coming to his decision, LTCOL Spendelove also considered subsection 11B(4)
[public interest exemptions – irrelevant factors] of the FOI Act listing factors that must not be
taken into account in deciding whether access would, on balance, be contrary to the public
interest. None of the factors he took into account were listed under subsection 11B(4) of the
FOI Act.
15.
LTCOL Spendelove found that the public interest factors against disclosure outweigh
the factors for disclosure of the identified personal information and deem the information
exempt under section 47F of the FOI Act.
Disclosure Log
16.
In accordance with the requirements of section 11C of the FOI Act, Defence is
required to publish details of information released under the FOI Act. Defence publishes
identified documents relating to requests five working days following receipt by the applicant.
Defence will also publish this decision notice with privacy deletions.
Rights of review
17.
The FOI Act provides for rights of review of decisions. A copy of the fact sheet,
“Freedom of Information – Your Review Rights”, setting out your rights of review is at
Enclosure 2.
Further information
18.
The FOI Act may be accessed at: http://www.comlaw.gov.au/Details/C2015C00013.
19.
All departmental action on your request is now complete. Should you have any
questions in regard to this matter please contact this office.
Yours sincerely
John Peterson
Case Officer
Freedom of Information
18 May 2015
Enclosures:
1.
Document in the form for release
2.
Fact Sheet: Freedom of Information – Your Review Rights
s47F
s47F
s47F
s47F
Freedom of Information – Your Review Rights
If you disagree with the decision made by the Department of Defence or the Minister under the
Freedom
of Information Act 1982 (the FOI Act), you can ask for the decision to be reviewed. You may want to seek
review if you sought certain documents and were not given full access, if you have been informed that
there will be a charge for processing your request, if your application to have your personal information
amended was not accepted or your comments in response to formal consultation were not accepted.
There are two ways you can ask for review of a decision: internal review by Defence, or external review by
the Australian Information Commissioner.
Internal review
Post: Freedom of Information Directorate
Department of Defence
If Defence makes an FOI decision that you
CP1‐6‐029
disagree with, you can ask Defence to review its
PO Box 7910
decision. The review will be conducted
CANBERRA BC
ACT 2610
independently to the FOI Directorate. There is
NO charge for internal review.
External Review
You must apply within 30 days of being notified
of the decision, unless you have sought an
Do I have to go through the Defence’s internal
extension from Defence.
review process first?
No. You may apply directly to the Information
Defence
must make a review decision within 30
Commissioner, within 60 days of receiving your
days. Where Defence has not met its review
decision. However, going through the Defence
obligation, you may then approach the
internal review process gives Defence the
Information Commissioner.
opportunity to reconsider its initial decision and
your concerns will most likely be addressed
Internal review is not available if the Minister or
more quickly, without undergoing an external
the principal officer of the agency made the
review process.
decision personally.
When can I go to the Administrative Appeals
How to apply for internal review
Tribunal (AAT)?
You must apply in writing and should include a
Under the revised FOI Act, you must seek
copy of the notice of the decision provided and
external review through the Information
the points to which you are objecting and why.
Commissioner prior to applying to the AAT for
such a review.
You can lodge your application in one of the
following ways:
Making a complaint
Email: xxxxxxxxx@xxxxxxx.xxx.xx
You may make a complaint to Defence or the
Fax: +61 2 626 62112
Commonwealth Ombudsman about actions
taken by Defence in relation to your application.
Contacting the Information Commissioner Further information about the external review process is available at the following:
Online: www.oaic.gov.au Post: GPO Box 2999, Canberra ACT 2601 Fax: +61 2 9284 9666 Email: xxxxxxxxx@xxxx.xxx.xx
Contacting the Commonwealth Ombudsman
The Commonwealth Ombudsman investigates complaints about action taken by agencies under the FOI
Act. Further details on how to contact or find out more about making a complaint to the Commonwealth
Ombudsman are available at the following:
http://www.ombudsman.gov.au/pages/making‐a‐complaint/
Complaints can be made in writing, by phone, in person or by using an online form available on the
website:
http://www.ombudsman.gov.au/pages/contact‐us/
Post: GPO Box 442, CANBERRA ACT 2601
Phone 1300 362 072 (calls from mobile phones at mobile phone rates)
Fax: 02 6276 0123
Defence FOI contacts
Freedom of Information Directorate
Department of Defence
CP1‐6‐029
PO Box 7910
CANBERRA BC
ACT 2610
Ph: +61 2 626 63664
Fax: +61 2 626 62112
Email: xxxxxxxxx@xxxxxxx.xxx.xx
Website:
www.defence.gov.au/foi
Document Outline
