DEFENCE FOI 045/24/25
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by James Smith (the applicant), dated and received on 12 July 2024
by the Department of Defence (Defence), for access to the following document under
the
Freedom of Information Act 1982 (Cth) (FOI Act):
Please provide a HD copy of the video located here:
https://youtube.com/watch?v=Le93FoNFqzk
Background
2.
On 8 August 2024, Defence sought the applicant’s written agreement to extend the
period for dealing with the request from 11 August 2024 until 10 September 2024 in
accordance with section 15AA [extension of time with agreement] of the FOI Act. A
response was not received to this request.
FOI decision maker
3.
I am the authorised officer, pursuant to section 23 of the FOI Act, appointed to make a
decision on this FOI request.
Document identified
4.
I have identified one media file as falling within the scope of the request.
Decision
5.
I have decided to refuse access to the media file on the grounds that it is considered
exempt in accordance with section 22 [Access to edited copies with exempt or
irrelevant matter deleted] of the FOI Act under section 47E [Public interest conditional
exemptions – certain operations of agencies].
Material taken into account
6.
In making my decision, I have had regard to:
a. the terms of the request;
b. the content of the identified media file in issue;
c. relevant provisions of the FOI Act;
d. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines);
e. the response received following consultation with another Commonwealth
Agency; and
f.
advice received from Defence Force Recruiting Executive.
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REASONS FOR DECISION
Section 22 – Access to edited copies with exempt or irrelevant matter deleted
7.
Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a
document where the agency has decided to refuse access to an exempt document.
8.
Where a decision maker denies access to a document, section 22(1) of the FOI Act
requires that they consider releasing the document with exempt matter deleted, if
possible.
9.
Paragraph 3.98 of the Guidelines provides that:
…an agency or minister should take a common sense approach in considering
whether the number of deletions would be so many that the remaining document
would be of little or no value to the applicant.
10. In view of the above, I have considered disclosing the media file to you with deletions,
but have decided to refuse access as the remaining material would be meaningless and
of little or no value once the exempt information is removed.
Section 47E(c) – Public interest conditional exemptions – certain operations of agencies
11.
Section 47E(c) of the FOI Act states:
A document is conditionally exempt if its disclosure under this Act would,
or could reasonably be expected to, do any of the following:
(c) have a substantial adverse effect on the management or assessment of
personnel by the Commonwealth or by an agency
12.
The Guidelines provide, at paragraph 6.102, that:
W
here the document relates to the agency’s policies and practices in relation to
to the assessment and management of personnel, the decision maker must
address both elements of the conditional exemption in s 47E(c), namely, that:
x
an effect would reasonably be expected following disclosure
x
the expected effect would be both substantial and adverse.
13.
After reviewing the media file, I found it includes content related to the management
of personnel, particularly recruitment. Although parts of the media file are available
online, releasing this information could negatively impact recruitment efforts aimed at
attracting new candidates for a career in the Defence Force. These efforts are a key
contributor to building the workforce and enhancing Defence capability. Accordingly,
I am satisfied that the media file is conditionally exempt under section 47E(c) of the
FOI Act.
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Public interest considerations – section 47E
14. Section 11A(5) of the FOI Act states:
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.
15. I have considered the factors favouring disclosure as set out in section 11B(3) [factors
favouring access] of the FOI Act. The relevant factors being whether access to the
document would:
(a) promote the objects of this Act (including all the matters set out in
sections 3 and 3A); and
(b) inform debate on a matter of public importance.
16. In my view, disclosure of this information would not increase public participation in the
Defence process (section 3(2)(a) of the FOI Act), nor would it increase scrutiny or
discussion of Defence activities (section 3(2)(b) of the FOI Act).
17. Paragraph 6.233 of the Guidelines specifies a non-exhaustive list of public interest
factors against disclosure. The factors I find particularly relevant to this request are that
release of this information could reasonably be expected to prejudice:
x the management function of an agency; and
x the personnel management function of an agency.
18. It is in the public interest that Defence efficiently, effectively and productively recruits
its workforce. It is important that Defence is able to manage recruitment activities to
achieve workforce targets. As I have established above, the release of the information
can reasonably be expected to prejudice the management of personnel, particularly
recruitment, by Defence. The media file, therefore, should not be disclosed, as the
public interest against disclosure outweighs the public interest for release.
19. I have not taken any of the factors listed in section 11B(4) [irrelevant factors] of the FOI
Act into account when making this decision.
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20. I am satisfied, based on the above particulars, the public interest factor against
disclosure outweighs the factors for disclosure, and that, on balance, it is against the
public interest to release the information to you. Accordingly, I find that the information
is exempt under section 47E of the FOI Act.
Digitally signed by
stephanie. stephanie.moles
Date: 2024.09.06
moles
13:13:45 +10'00'
Stephanie Moles
Accredited Decision Maker
Defence People Group
Department of Defence
