Australian Government
Attorney-General's Department
Our ref: FOl23/448
8 December 2023
Right to Know - "The Australian Public"
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear applicant
Freedom of Information Request FOl23/448 - Decision letter
I am writing to give you a decision about your request to the Attorney-General's Department (the
department) for access to documents under the
Freedom of Information Act 1982 (the FOi Act).
Your request
On 24 August 2023, you requested access under the FOi Act to:
all documents including but not limited to emails, files notes, webex, signal and whatapp messages
and advertisements relating to the EOI for the Chief Operating Officer's Executive Officer position.
On 30 August 2023, the department acknowledged your request and sought confirmation that you were
seeking documents regarding the expression of interest process conducted in 2023 for the Chief Operating
Officer's Executive Officer. On 30 August 2023 you confirmed that this interpretation was correct.
On 22 September 2023, the department notified you that the processing time for your request had been
extended by 30 days pursuant to s 15(6) of the FOi Act to allow the department to undertake third party
consultations. Following that extension, a decision in relation to your request was due on 23 October 2023.
On 19 October 2023, the department requested you grant an extension to the processing time for this
request under s lSAA of the FOi Act. On 23 October 2023 you advised that you declined to grant an
extension.
My decision
I am an officer authorised under s 23(1) of the FOi Act to make decisions in relation to freedom of
information requests made to the department.
I have identified 16 documents that fall within the scope of your request. I did this by making inquiries of
staff likely to be able to identify relevant documents and arranging for comprehensive searches of relevant
departmental electronic and hard copy holdings.
In making my decision regarding access to the relevant documents, I have taken the following material into
account:
• the terms of your request
• the content of the documents identified as within scope of your request
• the views of a third party consulted by the department under s 27A
• the provisions of the FOi Act, and
• the FOi Guidelines issued by the Australian Information Commissioner (the Guidelines).
3-5 National Circuit, Barton ACT 2600 Telephone (02) 6141 6666 www.ag.gov.au ABN 92 661 124 436
I have decided to:
• Grant access in full to 2 documents
• Grant access to 4 documents in part with deletion of material which:
o may be regarded as irrelevant to your request under s 22(1) of the FOi Act; or
o is exempt pursuant to ss 47((1), 47E(c), 47E(d) and 47F(l) of the FOi Act.
• Refuse access in full to 10 documents on the basis that the material they contain is:
o exempt pursuant to s 47E(c) and 47F( 1) of the FOi Act.
Additional information
Your review rights under the FOi Act are set out at
Attachment A to this letter.
The schedule of documents at
Attachment B sets out brief information about each document within the
scope of your request and my decision in relation to access to each of those documents.
The statement of reasons at
Attachment C sets out the reasons for my decision to refuse access to certain
material to which you have requested access.
The documents to which I have decided to grant partial access under the FOi Act are at
Attachment D.
If you wish to discuss this decision, the FOi case officer for this matter is Dana, who can be reached on
(02) 6141 6666 or by email
to xxx@xx.xxx.xx.
Yours sincerely
Bridie Dawson
Assistant Secretary
Human Resources Branch
Attachments
Attachment A:
Review rights
Attachment B:
Schedule of documents
Attachment C:
Statement of reasons
Attachment D:
Documents
Attorney-General's Department Freedom of Information Request FOI23/448 Decision letter
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Australian Government
Attorney-General's Department
Attachment A - FOi Review rights
If you are dissatisfied with the decision of the Attorney-General's Department (the department), you may
apply for Information Commissioner review of the decision.
Information Commissioner review
Under s 54L of the FOi Act, you may apply to the Australian Information Commissioner to review my
decision. An application for review by the Information Commissioner must be made in writing within 60
days of the date of the decision letter, and be lodged in one of the following ways:
Online: htt ps ://forms. busi ness.gov .a u/smartforms/ servlet/SmartFo rm .htm I ?fo rmCode= ICR _ 10
Email:
xxxxx@xxxx.xxx.xx
Post: GPO Box 5218 Sydney NSW 2001
More information about Information Commissioner review is available on the Office of the Australian
Information Commissioner website
at https://www.oaic.gov.au/freedom-of-information/reviews-and
complaints/information-commissioner-review/.
Attorney-General's Department Freedom of Information Request FOI23/448 Decision letter
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Australian Government
Attorney-General's Department
Attachment B - Schedule of documents - Freedom of Information Request FOl23/448
Document Date
No.
Description
Access decision
Exemption/s applied
no.
pages
1
7 August 2023
2
Internal email regarding publication of
Grant access in part
Section 47E(d): Certain operations of agencies
Expression of Interest opportunity
Section 47F(l): Personal privacy
2
7 August 2023
3
Internal email chain regarding draft of
Grant access in part
Section 47((1): Deliberative material
Expression of Interest opportunity
Section 47E(d): Certain operations of agencies
Section 47F(l): Personal privacy
3
7 August 2023
2
Email information staff of expression of Grant access in part
Section 47E(d): Certain operations of agencies
interest opportunity
Section 47F(l): Personal privacy
4
Undated
2
Preview -Online Job Advertisement
Grant access in part
Section 47E(d): Certain operations of agencies
5
10 August 2023 2
All staff Job Opportunities email
Grant access in full
-
6
11 August 2023 2
Resume -Applicant 1
Refuse access
Section 47E(c): Certain operations of agencies
Section 47F(l): Personal privacy
7
15 August 2023 3
Resume -Applicant 2
Refuse access
Section 47E(c): Certain operations of agencies
Section 47F(l): Personal privacy
8
15 August 2023 3
Resume -Applicant 3
Refuse access
Section 47E(c): Certain operations of agencies
Section 47F(l): Personal privacy
9
17 August 2023 2
Resume -Applicant 4
Refuse access
Section 47E(c): Certain operations of agencies
Section 47F(l): Personal privacy
10
17 August 2023 2
All staff Job Opportunities email
Grant access in full
-
11
17 August 2023 4
Resume -Applicant 5
Refuse access
Section 47E(c): Certain operations of agencies
Section 47F(l): Personal privacy
12
21 August 2023 3
Email chain between Chief Operating
Refuse access
Section 47E(c): Certain operations of agencies
Officer and Applicant 5 advising
Section 47F(l): Personal privacy
outcome
13
21 August 2023 1
Auto-reply email from Applicant 4
Refuse access
Section 47E(c): Certain operations of agencies
Section 47F(l): Personal privacy
14
21 August 2023 3
Email chain between Chief Operating
Refuse access
Section 47E(c): Certain operations of agencies
Attorney-General's Department Freedom of Information Request FOI23/448 Decision letter
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Document Date
No.
Description
Access decision
Exemption/s applied
no.
pages Officer and Applicant 1 advising
Section 47F(1): Personal privacy
outcome
15
21 August 2023 2
Email chain between Chief Operating
Refuse access
Section 47E(c): Certain operations of agencies
Officer and Applicant 2 advising
Section 47F(1): Personal privacy
outcome
16
22 August 2023 3
Email chain regarding final expression of Grant access in part
Section 22(1): Irrelevant material
interest process and notifying successful
Section 47E(c): Certain operations of agencies
Applicant 3
Section 47E(d): Certain operations of agencies
Section 47F(1): Personal privacy
17
28 August 2023 2
Email chain between Chief Operating
Refuse access
Section 47E(c): Certain operations of agencies
Officer and Applicant 4 advising
Section 47F(1): Personal privacy
outcome
Attorney-General's Department Freedom of Information Request FOI23/448 Decision letter
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Australian Government
Attorney-General's Department
Attachment C- Statement of reasons - FOl23/448
This document, when read in conjunction with the documents released at Attachment C, provides
information about the reasons I have decided not to disclose certain material to you in response to your
request for documents under the Freedom of Information Act 1982 (FOi Act).
Section 22: Access to edited copies with exempt or irrelevant matter deleted
Section 22 of the FOi Act provides that if an agency decides to give access to a document that would
disclose information that would reasonably be regarded as irrelevant to the request, and it is possible for
the agency to prepare a copy (an edited copy) of the document, modified by deletions, the agency must
prepare the edited copy and give the applicant access to it.
I have used the provision to delete duplicate material and content that is irrelevant to the terms of your
request. Specifically, where one version of an email is in scope and scheduled in this decision, I have
deleted duplicates of that document. I have also deleted content from document 16 which relates to
matters outside of the scope of your request. Given these factors, I considered it likely that you would
agree that this information is irrelevant to your request and I have therefore deleted it from this decision
under s 22 of the FOi Act.
Public interest conditional exemptions
An agency or minister can refuse access to a document or part of a document that is conditionally exempt
from disclosure under Division 3 of Part IV of the FOi Act. Documents for your request which are
conditionally exempt under the following provisions in Division 3:
• deliberative processes (s 47C)
• certain operations of agencies (s 47E), and
• personal privacy (s 47F).
Brief information about each of the conditional exemptions applied when making a decision about
disclosure of each of the documents to which you have requested access is set out below. Additional
information about each of these conditional exemptions can be obtained from the OAIC FOi Guidelines
available at: https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-6-conditional
exemptions.
Where a document is assessed as conditionally exempt, it is only exempt from disclosure if disclosure
would, on balance, be contrary to the public interest. The public interest test is weighted in favour of giving
access to documents so that the public interest in disclosure remains at the forefront of decision making.
My reasoning in regard to the public interest are set out below.
Section 47C: Public interest conditional exemption-deliberative processes
Section 47C of the FOi Act provides that a document is conditionally exempt if its disclosure under this Act
would disclose matter (deliberative matter) in the nature of, or relating to, opinion, advice or
recommendation obtained, prepared or recorded in the course of, or for the purposes of, the deliberative
processes involved in the functions of an agency.
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I am satisfied that document the relevant material is not purely factual and is deliberative matter within
the meaning of s 47((1), being in the nature of and relating to opinions or advice on interim deliberative
material. Namely, the provision of amendments on draft documentation for a recruitment activity.
Accordingly, I have decided that the relevant material is conditionally exempt under s 47((1) of the FOi Act.
I have turned my mind to whether disclosure of the information would be contrary to the public interest
and have included my reasoning in this regard below under the header 'Section 11A(5}: Public interest test'.
Section 47E: Public interest conditional exemption-certain operations of agencies
Section 47E of the FOi Act provides that a document is conditionally exempt if its disclosure would, or could
reasonably be expected to, do any of the following:
(a) prejudice the effectiveness of procedures or methods for the conduct of tests, examinations or
audits by an agency;
(b) prejudice the attainment of the objects of particular tests, examinations or audits conducted or to
be conducted by an agency;
(c) have a substantial adverse effect on the management or assessment of personnel by the
Commonwealth or by an agency;
(d) have a substantial adverse effect on the proper and efficient conduct of the operations of an
agency.
I have decided to apply s 47E(c) and 47E(d) to the documents for your request. My reasons for applying
these exemptions have been set out below.
Section 47E(c)
Section 47E(c) of the FOi Act provides that a document is conditionally exempt if its disclosure would, or
could reasonably be expected to, have a substantial adverse effect on the management or assessment of
personnel by the Commonwealth or by an agency.
Paragraph 6.114 of the Guidelines provide that for this exemption to apply, the documents must relate to
either:
• the management of personnel - including the broader human resources policies and activities,
recruitment, promotion, compensation, discipline, harassment and occupational health and safety
• the assessment of personnel - including the broader performance management policies and
activities concerning competency, in-house training requirements appraisals and
underperformance, counselling, feedback, assessment for bonus or eligibility for progression
I am satisfied that documents captured by your request predominantly relate to the management of
personnel by the department, in particular in relation to the department's recruitment activities.
Documents identified for your request include the email correspondence between applicants and the
decision maker for the vacancy, and the applicant's resumes.
I consider that release of this information would detrimentally impact the department's human resources,
and specifically recruitment activities including its ability to attract applicants to internal executive support
roles. I consider that the release of this information would lead to staff being deterred from expressing
interest in such opportunities, and that the inability to fill these positions would have a significant
detrimental impact of the effective functioning of the department.
I am also satisfied that release of this sensitive personnel information would undermine the confidence the
departments' staff have in its ability to confidentially manage and conduct recruitment activities. This
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would likely lead to the department's existing or prospective employees declining to participate in its wider
recruitment activities. The inability to attract applicants, and subsequently recruit staff, would have a
significant detrimental impact on the department's ability to delivery its essential policy and business
functions.
For the reasons set out above, I am satisfied that the documents for your request are conditionally exempt
pursuant to s 47E(c) of the FOi Act. I have turned my mind to whether disclosure of the information would
be contrary to the public interest and have included my reasoning in this regard below.
Section 47E(d)
Material within documents 1-3 and 16 consists of email addresses which are used by the department for
internal and operational reasons. These include the direct email addresses of a Senior Executive Service
employee and an internal mailbox, used for internal coordination activities. The department has existing
communication channels which it directs external parties and members of the public towards to enable
them to contact the department's employees. These channels allow the department to manage this work
and have dedicated, trained and resourced teams to respond or assist with external contacts. I consider
that disclosure of the relevant email addresses in the relevant documents would be likely to result in
various (including unreasonable and vexatious) communications and inquiries being received into areas of
the department which are not resourced or trained to manage that work.
Accordingly, I am satisfied that the relevant material is conditionally exempt under s 47E(d) of the FOi Act. I
have turned my mind to whether disclosure of the information would be contrary to the public interest and
have included my reasoning in this regard below under the header 'Section 11A{5}: Public interest test'.
Section 47F: Public interest conditional exemption-personal privacy
Section 47F(1) of the FOi Act provides that a document is conditionally exempt if its disclosure would
involve the unreasonable disclosure of personal information about any person (including a deceased
person). For the purposes of the FOi Act, personal information is defined as: information or an 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.
Documents for your request contain the following personal information of departmental employees:
names; position titles; professional and educational history and experience, opinions related their
professional interests and experiences; professional referees; security clearances; and contact information,
including personal home and email addresses, home and work telephone numbers, and professional email
addresses.
In deciding whether to conditionally exempt the personal information described above, I have had regard
to the following factors set out in s 47F(2) of the FOi Act:
(a) the extent to which the information is well known;
(b) whether the people to whom the information relates are 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 considers relevant.
My reasons for applying the s 47F(1) exemption to each of the categories of personal information listed
above are set out below.
In my view the relevant personal information is not well known, nor are the persons concerned known to
be (or to have been) associated with the particular matters dealt with in the documents. The information is
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known only to the persons whose information appears in the documents and departmental officers with
responsibility for the matters concerned. The department consulted with third parties regarding most of
the personal information contained in the documents and, in response to those consultations the third
parties objected to disclosure of their information. In relation to other material in the documents where
consultation did not occur, I consider it likely that the persons concerned would object to disclosure of their
personal information. I consider that disclosure of the information held in these documents could
reasonably be expected to cause distress to the persons concerned.
For the reasons set out above, I have decided to exempt the personal information of individuals pursuant
to s 47F( 1) of the FOi Act. I have turned my mind to whether disclosure of the information would be
contrary to the public interest, and have included my reasoning in this regard under the header
'Section
11A(5): Public interest test'.
Section 11A{5): Public interest test
Access to a conditionally exempt document must generally be given unless doing so would be contrary to
the public interest. The FOi Guidelines explain that the public interest test is considered to be:
•
something that is of serious concern or benefit to the public, not merely of individual interest
•
not something of interest to the public, but in the interest of the public
•
not a static concept, where it lies in a particular matter will often depend on a balancing of interests
•
necessarily broad and non-specific, and
•
related to matters of common concern or relevance to all members of the public, or a substantial
section of the public.
In deciding whether to disclose conditionally exempt material, I have considered the factors favouring
access set out in s 118(3) of the FOi Act. I have not taken into account the irrelevant factors listed under
s 118(4) of the FOi Act.
Of the factors favouring disclosure, I consider that release of the conditionally exempt material identified
for your request would promote the objects of the FOi Act, including by promoting the objects of the FOi
Act through informing the community of the Government's operations and administration.
The FOi Act does not list any specific factors weighing against disclosure. However, I have considered the
non-exhaustive list of factors against disclosure in the Guidelines as well as the particular circumstances
relevant to the conditionally exempt material.
I consider the release of the conditionally exempt material could, as the case may be, reasonably be
expected to prejudice or harm:
• the protection of an individual's right to privacy, including where:
the personal information is that of a government employee in relation to personnel
management and the disclosure of the information could be reasonably considered to reveal
information about their private disposition or personal life,
• the interests of an individual or group of individuals,
• the management function of the department, including its ability to obtain similar information from
departmental staff in the future. Release of the identified material could erode the relationship of
trust maintained between the department and its staff\. The department has a critical reliance on
all of its staff in order to carry out its functions for the benefit of the Australian public. It is
therefore firmly in the public interest to ensure the department's management relationship with its
staff is effectively maintained and prioritised,
• the relationship of trust and confidence maintained between the department and its staff,
particularly in relation to the handling and management of human resources matters, and
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• the department's ability to meet its legal obligations for a safe and harassment free workplace to
its employees.
On balance, I consider the factors against disclosure outweigh the factors favouring access and that
providing access to the conditionally exempt material identified for your request would be contrary to the
public interest.
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