Ref: LEX-78014
Ash Roth
Via emai
l: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ash Roth
Decision on your Freedom of Information request
I refer to your request, dated 25 August 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:
‘I am seeking copies of correspondence between the Department and The Australia
Institute, and the Department and Greenpeace, on the topic of the reforms of the EPBC
Act / the Nature Positive reforms, from 1 January 2024 onwards.’
My decision
The department holds 30 documents (totalling 65 pages) that relate to your request.
I have decided to:
• grant you
full access to 15 documents; and
• grant you
part access to 15 documents with some of the content removed.
I have decided that certain parts of documents that you have requested are exempt under the
FOI Act as the information is personal information about other people (section 47F).
On 30 August 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.
Please see the schedule at
Attachment A to this letter for a detailed list of the documents and
the reasons for my decision.
Charges
You were advised on 20 November 2024 that a decision had been made at internal review not to
impose charges for the processing of your request.
How we will send your documents to you
The documents are attached.
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
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 emai
l 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 websi
te www.oaic.gov.au or phone the OAIC on 1300 363 992.
Further assistance
If you have any questions, please emai
l xxx@xxxxxx.xxx.xx.
Yours sincerely
Anna-Liisa Lahtinen
Acting Division Head
Nature Positive Taskforce
17 December 2024
2
Attachment A
LIST OF DOCUMENTS FOR RELEASE
LEX-78014
Doc Date
Description
Decision
Exemption
Comments
No.
1.
26/02/2024
Email – subject: Addressing agricultural deforestation
Release in part
S 47F
Personal information
in Nature Positive reforms – 2-page submission
s 22(1)(a) - Junior staff details deleted
(out of scope)
2. F
ebruary
Attachment to email (document 1)
Release in full
N/A
2024
Greenpeace Issue Focus Submission – Agricultural
Deforestation
3. F
ebruary
Attachment to email (document 1)
Release in part
S 47F
Personal information
2024
Report – Nature Analytics – Matter of National
Environmental Significance losing wooded habitat to
clearing in Queensland 2016-2021
4.
26/02/2024
Email – subject: Invitation: Consultation sessions on
Release in part
S 47F
Personal information
Australia’s new national environmental laws, 27-28
March 2024
s 22(1)(a) - Junior staff details deleted
(out of scope)
5.
16/02/2024
Email – subject: Attending both consultation sessions
Release in part
S 47F
Personal information
on the 22nd?
s 22(1)(a) - Junior staff details deleted
(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
Doc
No.
Date
Description
Decision
Exemption
Comments
6.
9/02/2024
Email – subject: Invitation: Consultation sessions on
Release in part
S 47F
Personal information
Australian’s new national environmental laws, 22-23
February 2024
s 22(1)(a) - Junior staff details deleted
(out of scope)
7.
22/01/2024
Email – subject: Invitation: Consultation sessions on
Release in part
S 47F
Personal information
Australian’s new national environmental laws, 22-23
February 2024
s 22(1)(a) - Junior staff details deleted
(out of scope)
8.
19/01/2024
Email – subject: Invitation: Consultation sessions on
Release in part
S 47F
Personal information
Australian’s new national environmental laws, 22-23
February 2024
s 22(1)(a) - Junior staff details deleted
(out of scope)
9.
16/04/2024
Email – subject: Australia’s new Nature Positive laws
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
(out of scope)
10.
15/03/2024
Email – subject: NGO – Sitting 2 – March consultation
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
on Australia’s new national environmental laws
(out of scope)
11.
27/03/2024
Attachment to email (document 10)
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
(out of scope)
Calendar invitation – subject: NGO – Sitting 2 – March
consultation on Australia’s new national
environmental laws
12.
15/03/2024
Email – subject: NGO – Sitting 1 – March consultation
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
on Australia’s new national environmental laws
(out of scope)
Doc
No.
Date
Description
Decision
Exemption
Comments
13.
27/03/2024
Attachment to email (document 12)
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
(out of scope)
Calendar invitation – subject: NGO – Sitting 1 – March
consultation on Australia’s new national
environmental laws
14.
23/02/2024
Email – subject: Invitation: Consultation sessions on
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
Australia’s new national environmental laws, 27-28
(out of scope)
March 2024
15.
16/02/2024
Email – subject: Attending both consultation sessions
Release in part
S 47F
Personal information
on the 22nd?
s 22(1)(a) - Junior staff details deleted
(out of scope)
16.
22/02/2024
Attachment to email (document 15)
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
(out of scope)
Calendar invitation – subject: NGO – Sitting 1 –
February consultation on Australia’s new national
environmental law
17.
9/02/2024
Email – subject: NGO Sitting 2 – February consultation
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
on Australia’s new national environmental laws
(out of scope)
18.
22/02/2024
Attachment to email (document 17)
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
(out of scope)
Calendar invitation – subject: NGO – Sitting 1 –
February consultation on Australia’s new national
environmental law
Doc
No.
Date
Description
Decision
Exemption
Comments
19.
14/06/2024
Email – subject: Clarification of meeting to discuss
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
Environment Information Australia – environmental
(out of scope)
monitoring and reporting – 25 June 2024
20.
14/06/2024
Email – subject: Invitation to discuss Environment
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
Information Australia – environmental monitoring and
(out of scope)
reporting – 25 June 2024
21.
21/06/2024
Meeting invite – subject: Invitation to discuss
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
Environment Information Australia – environmental
(out of scope)
monitoring and reporting – 25 June 2024
22.
24/06/2024
Email – subject: Invitation to discuss Environment
Release in part
S 47F
Personal information
Australia – environmental and reporting – 25 June
2024
s 22(1)(a) - Junior staff details deleted
(out of scope)
23.
25/06/2024
Email – subject: Follow up – Discussion of
Release in part
S 47F
Personal information
Environment Australia – environmental monitoring
and reporting – Meeting 25 June 2024
s 22(1)(a) - Junior staff details deleted
(out of scope)
24.
25/06/2024
Attachment to email (document 23)
Release in full
N/A
Draft Nature Positive (Environment Information
Australia) Bill 2024 – Head of Environment
Information Australia reporting functions
25.
24/06/2024
Email – subject: Accepted: Invitation to discuss
Release in part
S 47F
Personal information
Environment Information Australia
s 22(1)(a) - Junior staff details deleted
(out of scope)
Doc
No.
Date
Description
Decision
Exemption
Comments
26. Un
dated
Email – subject: Invitation to discuss Environment
Release in part
S 47F
Personal information
Australia – environmental monitoring and reporting –
25 June 2024
s 22(1)(a) - Junior staff details deleted
(out of scope)
27.
25/06/2024
Email – subject: Accepted: Invitation to discuss
Release in part
S 47F
Personal information
Environment Information Australia
s 22(1)(a) - Junior staff details deleted
(out of scope)
28. Un
dated
Email – subject: Invitation to discuss Environment
Release in part
S 47F
Personal information
Australia – environmental monitoring and reporting –
25 June 2024
s 22(1)(a) - Junior staff details deleted
(out of scope)
29.
1
14/06/2024
Email – subject: Working overseas Re Invitation to
Release in part
S 47F
Personal information
discuss Environment Australia – environmental
monitoring and reporting – 25 June 2024
s 22(1)(a) - Junior staff details deleted
(out of scope)
30. Un
dated
Meeting invite - Invitation to discuss Environment
Release in full
N/A
s 22(1)(a) - Junior staff details deleted
Australia – environmental monitoring and reporting –
(out of scope)
25 June 2024
REASONS FOR DECISION
What you requested
‘I am seeking copies of correspondence between the Department and The Australia
Institute, and the Department and Greenpeace, on the topic of the reforms of the EPBC
Act / the Nature Positive reforms, from 1 January 2024 onwards.’
What I took into account
In reaching my decision, I took into account:
• your original request dated 25 August 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 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 certain documents as detailed in
the Schedule at Attachment A.
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 6.125 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 certain documents contain personal information of other 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 6.133 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 party personal information would be unreasonable
for the following reasons:
• it relates to aspects of an individual's personal affairs;
• you do not have the consent from this individual for the release of their personal
information;
• the information is private and not available in full or in part from publicly-accessible
sources; and
• the identity of the individual concerned is readily apparent or could be easily
ascertained.
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.
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.
