Ref: LEX-76544
D Browns
Via email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear D Browns
Decision on your Freedom of Information request
I refer to your request, dated 11 March 2024 and received by the Department of Climate Change,
Energy, the Environment and Water (department) on the same date for access under the
Freedom of Information Act 1982 (Cth) (FOI Act) to the following documents:
‘Under the FOI act I am requesting copies of correspondence, including emails, between
the departments Zero Industries division and the Seadragon wind farm or Star of the
south windfarm, which discuss or comment on the current environmental assessments
for these projects. For the purpose on this request the request is limited to
correspondence during the months of December to 2023, January 2024, and February
2024.’
My decision
The department holds 2 documents (totalling 7 pages) that relate to your request.
I have decided to:
grant you part access to 1 document (document 2) with some of the content removed;
and
refuse access to 1 document (document 1).
I have decided that certain parts of documents that you have requested are exempt under the
FOI Act as they would disclose:
personal information of third parties, the disclosure of which would be contrary to the
public interest (section 47F conditional exemption); and
business information, the disclosure of which:
o would, or could reasonably be expected to, unreasonably affect a person
adversely in respect of its lawful business, commercial or financial affairs, and be
contrary to the public interest (section 47G(1)(a)); and
o 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, and be contrary to the public interest (section
47G(1)(b)).
T +61 2 6274 1111
John Gorton Building
GPO Box 3090
dcceew.gov.au
F +61 2 9094 2221
King Edward Terrace
Canberra ACT 2601
ABN 63 573 932 849
Parkes ACT 2600
Please see the schedule at Attachment A to this letter for a detailed list of the documents and
the reasons for my decision.
Charges
On 26 March 2024, the department made a preliminary estimate of the charges applicable to
your request in the amount of $102.06. On 5 April 2024, the department received payment in
full.
I have assessed the charge under Regulation 10 of the Freedom of Information (Charges)
Regulations 2019 and the cost of processing your request was lower than the amount estimated.
Accordingly, I have re-calculated the applicable charge as $68.08. You will be provided with
details on how to obtain a refund of $33.98.
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 department 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 email to xxx@xxxxxx.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
department handled your request.
You can find information about requesting a review, making a complaint, and other information
about FOI on the OAIC website www.oaic.gov.au or phone the OAIC on 1300 363 992.
Further assistance
If you have any questions, please email xxx@xxxxxx.xxx.xx.
Yours sincerely
Paul Murphy
Branch Head
Offshore Renewable Branch
Net Zero Industries Division
17/05/2023
2
Attachment A
LIST OF DOCUMENTS FOR RELEASE
LEX-76544
Doc Pages
Date
Description
Decision
Exemption
Comments
No.
1. 1-6
11/01/2024 Letter from the department to Star of the
Exempt in full
s 47G(1)(a)
Business information exempt under
South Wind Farm Pty Ltd
sections 47G(1)(a) and 47G(1)(b)
s 47G(1)(b)
Personal information exempt under
s 47F(1)
s 47F(1)
2. 7
11/01/2024 Email correspondence between Star of the
Release in part
s 47F(1)
Personal information exempt under
South Wind Farm Pty Ltd and the department
s 47F(1)
Staff details deleted under s 22(1)(a)(ii)
(out of scope)
T +61 2 6274 1111
John Gorton Building
GPO Box 3090
dcceew.gov.au
F +61 2 9094 2221
King Edward Terrace
Canberra ACT 2601
ABN 63 573 932 849
Parkes ACT 2600
REASONS FOR DECISION
What you requested
‘Under the FOI act I am requesting copies of correspondence, including emails, between
the departments Zero Industries division and the Seadragon wind farm or Star of the
south windfarm, which discuss or comment on the current environmental assessments
for these projects. For the purpose on this request the request is limited to
correspondence during the months of December to 2023, January 2024, and February
2024.’
Request consultation process
On 13 March 2024 the department acknowledged your request and advised you that we would
not include personal details about our staff. You did not contact the department again about this.
Staff details have therefore been deleted in accordance with section 22(1) of the FOI Act.
What I took into account
In reaching my decision, I took into account:
your original request dated 11 March 2024;
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 department’s operating environment and functions;
guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (Guidelines);
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 and 2.
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 and 2 contain personal information of identifiable people. This includes
their names 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 parties’ personal information would be
unreasonable for the following reasons:
we do not have the consent from these individuals for the release of their personal
information;
the information is private and not available in full or in part from publicly-accessible
sources;
the identities of the individuals concerned are readily apparent or could be easily
ascertained;
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. I am satisfied that
the individuals’ contentions are reasonable in the circumstances.
On this basis, I have decided that the personal information included in documents referred to in
the Schedule is 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.
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 to document 1.
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.’
Document 1 contains information relating to the proposed offshore wind farm in Gippsland,
Victoria, operated by Star of the South Pty Ltd. It contains information relating to the assessment
and approval processes for the project, as well as information about the project’s methodology
and design. This information was communicated in confidence between the department and Star
of the South Pty Ltd. On this basis, I am satisfied that the document contains information
concerning Star of the South Pty Ltd’s business, commercial or financial affairs.
Following consultations with Star of the South Pty Ltd, I am further satisfied that disclosure of
this document would reveal commercially sensitive information concerning Star of the South Pty
Ltd’s business activities, and would have an adverse effect on Star of the South Pty Ltd’s business
affairs as parties in similar industries could gain a competitive advantage against them. As such,
I am satisfied that disclosure of the document would have an unreasonably adverse effect on
Star of the South Pty Ltd’s business affairs.
Additionally, document 1 contains commercially sensitive information which was provided to
the department on a confidential basis. Given that the FOI Act does not control or restrict use or
dissemination of information disclosed, I am satisfied that disclosure of this information could
reasonably be expected to prejudice the future supply of information to the department for the
purposes of administering the Environment Protection and Biodiversity Conservation Act 1999
(EPBC Act), as disclosure of the information could make third parties more reluctant to provide
information to the department in the future.
On this basis, I am satisfied that the documents as outlined in the document schedule above are
conditionally exempt under section 47G 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 the operation of the Star of the
South wind farm.
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 affect Star of the South Pty Ltd’s lawful business; and
prejudice the future supply of information to the department for the purpose of the
department’s administration of the EPBC Act.
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 part access to 1 document; and
refuse access to 1 document.
I have decided that document 1 is conditionally exempt, in full, under sections 47F(1), 47G(1)(a)
and 47G(1)(b) of the FOI Act, and disclosure would be contrary to the public interest for the
purposes of section 11A(5). Additionally, I have decided that document 2 is conditionally exempt
in part, under section 47F(1) Of the FOI Act, and that disclosure of parts of this document would
be contrary to the public interest for the purposes of section 11A(5).
