FOI Reference: LEX 10263
File Reference: 24/7872
27 March 2024
Pep Jan
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Pep Jan
RE: Freedom of Information Request
The purpose of this letter is to give you a decision about access to documents that you requested
under the
Freedom of Information Act 1982 (FOI Act).
On 26 February 2024, you requested for access to the fol owing:
I am writing to request information regarding grants provided through the Direct Aid
Program (DAP) by the Embassy of Australia in Serbia over the past five years, specifically
from 2020 to 2024. I am interested in obtaining the fol owing information - a list of all
grants provided through the DAP in Serbia during the specified time period, including the
name of the recipient organization, name of the project, the amount of the grant and the
length of implementation. I would also like to receive the number of applications received by
the Embassy of Australia in Serbia through the Direct Aid Program (DAP).
Decision
As the information requested did not exist in a discrete document, the department has created a
document in accordance with section 17 of the FOI Act for the purpose of responding to your
request. After careful consideration, I have decided to grant you access to an edited copy of the
document, with exempt material removed.
Reasons
I am an officer authorised under section 23 of the FOI Act to make decisions in relation to FOI
requests.
In making my decision I have taken into account:
• your request and accompanying documents;
• the document created under section 17 of the FOI Act to respond to your request;
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
• the FOI Act; and
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (FOI Guidelines).
The reasons for my decision and for the application of exemptions under the FOI Act to the
document are set out below.
Where I refer to sections of the FOI Act, these are available at www.legislation.gov.au. Sections of
the FOI Guidelines referenced can be found online at: https://www.oaic.gov.au/freedom-of-
information/foi-guidelines/
Damage to international relations (section 33(a)(iii) of the FOI Act)
Under section 33(a)(iii) of the FOI Act, a document is exempt if its disclosure would, or could
reasonably be expected to, cause damage to the international relations of the Commonwealth.
The phrase ‘international relations’ has been interpreted to mean the ability of the Australian
Government to maintain good working relations with other governments and international
organizations and to protect the flow of confidential information between them (FOI Guidelines,
paragraph 5.36). As outlined in paragraph 5.38 of the FOI Guidelines, this applies to documents,
the disclosure of which, could diminish the confidence which another country has in Australia as a
reliable recipient of confidential information, making that country or its agencies less willing to
cooperate with Australian agencies in future.
Furthermore, according to the FOI Guidelines (paragraph 5.28), the expression ‘damage’ could
include intangible damage, including inhibiting future negotiations between the Australian
Government and a foreign government, or the future flow of confidential information from a
foreign government or in a diplomatic setting.
Considering these provisions, I am satisfied that the disclosure of the relevant material to which
you seek access, would be reasonably likely to cause damage to Australia’s foreign relationships
and that that this material is exempt under section 33(a)(iii) of the FOI Act.
In coming to this view, I have had regard to the nature of the information, the circumstances in
which it was communicated, and the likelihood and nature of the damage to international relations
which could occur in the event of disclosure (FOI Guidelines, paragraph 5.37).
In addition to the above, I am of the view that even if this material was not exempted under
section 33(a)(iii) of the FOI Act, it would be exempt from release under section 47G(1) of the FOI
Act as some of the material would disclose information concerning businesses and organizations
and I consider that disclosure of this material would, or could, unreasonably affect the organization
in respect to its lawful business, commercial or financial affairs, or prejudice the future supply of
information to the Commonwealth.
Review rights
Information about your review rights is set out in the
Attachment for your reference.
Contact
Should you have any queries regarding this matter please contact the Freedom of Information
Section by email (xxx@xxxx.xxx.xx).
Yours sincerely
Sarah Goulding
Assistant Secretary
Department of Foreign Affairs and Trade
Attachment
Your review rights
Internal review
You may apply for internal review of the decision (section 54 of the FOI Act). The internal review
application must be made within 30 calendar days from the day you receive this notice.
Where possible, please attach reasons why you believe review of the decision is necessary.
The internal review will be carried out by another officer within 30 days. Any request for internal
review should be directed via email to xxx@xxxx.xxx.xx or addressed to:
Freedom of Information Section
Department of Foreign Affairs and Trade
R G Casey Building
John McEwen Crescent
Barton ACT 0221
Australia
Australian Information Commissioner
You may apply to the Australian Information Commissioner to review my decision (section 54L of
the FOI Act). To do this, you must contact the Australian Information Commissioner within 60
calendar days from the day you receive this notice.
You may also make a complaint to the Australian Information Commissioner about the
department’s actions in relation to this decision (section 70 of the FOI Act). Making such a
complaint about the way the department has handled your FOI request is a separate process to
seeking review of my decision.
Further information on applying for an Australian Information Commissioner review is available at:
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-reviews.
Further information about how to make a complaint is available at:
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-complaints.