Defence FOI 548 24 25 Statement of Reasons.pdf

DEFENCE FOI 548/24/25
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
16 January 2025 by the Department of Defence (Defence), for access to the following
documents under the Freedom of Information Act 1982 (Cth) (FOI Act):
…the highest quality version of any video recording of the DFRET Defence Force
Recruiting Employment Training Seminar held in Canberra on Monday 13 January
2024 at which LTGEN Natasha Fox presented.
Background
2.
On 6 February 2025, the period for dealing with the request was extended from
15 February 2025 until 17 March 2025 under section 15(6) [extension of processing
period to comply with requirements of section 26A, 27 or 27A] of the FOI Act to
enable consultation in accordance with section 27 of the FOI Act.
FOI decision maker
3.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
4.
I have identified one media file (document) as falling within the scope of the request.
Decision
5.
I have decided to refuse access to the document on the grounds that it is considered
exempt under sections 47E [Public interest conditional exemptions – certain
operations of agencies] and 47F [Public interest conditional exemptions – personal
privacy] of the FOI Act.
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 document in issue;
c.  relevant provisions of the FOI Act; and
d.  the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines).

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REASONS FOR DECISION
Section 22 – Access to edited copies with exempt or irrelevant matter deleted
7.
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.
8.
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.
9.
I have decided to refuse access to the document in full as it would be meaningless and
of little or no value once the exempt material is removed.
Section 47E – Public interest conditional exemptions – certain operations of agencies
10.
Section 47E 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.
(d) have a substantial adverse effect on the proper and efficient conduct of
the operations of the agency.
11.
In relation to section 47E(c) of the FOI Act, the Guidelines provide at paragraph
6.102, that:
Where the document relates to the agency’s policies and practices relating to the
assessment and management of personnel, the decision maker must address both
elements of the conditional exemption in s 47E(c), namely, that:
•  an effect would reasonably be expected following disclosure
•  the expected effect would be both substantial and adverse.
12.
The footage discloses the faces and names of Australian Defence Force (ADF)
personnel, and disclosure could reasonably be expected to have an adverse effect on
the health and wellbeing of those individuals.
13.
There is a reasonable likelihood that aggrieved individuals could harass staff or use
the footage inappropriately in the public domain. The FOI Act places no limitations on
the use of information disclosed under the Act, and I am satisfied that that there is a
reasonable expectation that this would cause distress to the staff members by
adversely affecting their physical and mental wellbeing.
14.
Further, releasing details about individuals could adversely affect Defence’s ability to
conduct future activities if employees felt Defence lacked integrity with respect to

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protecting the confidentiality of their records; thus affecting the proper and efficient
conduct of the operations of Defence. Consequently, this would result in a substantial
adverse effect on the broader management of ADF personnel.
15.
In relation to section 47E(d) of the FOI Act, the Guidelines provide at paragraph 6.115
that:
The predicted effect must bear on the agency’s ‘proper and efficient’ operations,
that is, the agency is undertaking its operations in an expected manner.
16.
The document includes content that relates to the effective operations of ADF
recruitment, specifically the strategies considered when undertaking recruitment and
retention of ADF personnel.
17.
The growth of the ADF is a key strategic requirement to enhance Defence Capability,
and I consider that disclosure of this information would, or could, be reasonably
expected to prejudice future recruiting efforts that are aimed at attracting prospects
and candidates for a career in the ADF. It is my view that there is a reasonable
expectation that the information contained within the footage could be used
inappropriately, in a manner that would harm recruitment efforts by disclosing the
methods used by Defence to attain appropriate candidates into the ADF.
18.
The Guidelines provide, at paragraph 6.120, that I should consider whether disclosure
of the information ‘would, or could reasonably be expected to lead to a change in the
agency’s processes that would enable those processes to be more efficient.’ I am
satisfied that disclosure of the identified material would not be expected to lead to any
efficiencies.
19.
I am satisfied that if the content contained within the document were to be made
publicly available, it would have a substantial and adverse effect on the proper and
efficient operations of Defence and therefore, I have decided that the footage is
conditionally exempt under section 47E of the FOI Act.
Section 47F – Public interest conditional exemptions - personal privacy
20.
Section 47F(1) of the FOI Act states:
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).
21.
The FOI Act shares the same definition of ‘personal information’ as the Privacy Act
1988 (Cth). The Guidelines provide that:
6.123 Personal information means 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.

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22.
I found that the document contains personal information that would reasonably
identify a number of third parties, through disclosure of their name, rank and position.
Further, the footage contains the image and voice of multiple individuals, which
would reasonably identify them.
23.
In my assessment of whether the disclosure of personal information is unreasonable, I
considered the following factors in accordance with section 47F(2):
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; and
d. the effect the release of the personal information could reasonably have on the
third party.
24.
I found that some of the specific personal information listed is not well known, the
individuals whose personal information is contained in the documents are not widely
known to be associated with the matters dealt within the material, and the information
is not readily available from publicly accessible sources.
25.
In addition, I consider there to be an effect on the individuals in the release of aspects
of the footage, in that disclosure would, or could reasonably be expected to, be used in
a way that is detrimental to the health and wellbeing of those individuals.
26.
Accordingly, I am satisfied that the document is conditionally exempt under section
47F of the FOI Act.
Public interest considerations - sections 47E and 47F
27.
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.
28.
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);
(b) inform debate on a matter of public importance;
(c) promote effective oversight of public expenditure;
(d) allow a person to access his or her own personal information.
29.
Furthermore, disclosure of this media file 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).

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30.
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 adversely impact the Department’s proper
and efficient conduct, including recruitment strategies;
•  could be reasonably expected to harm Defence interests, including the ability
to recruit and retain necessary personnel;
•  could adversely impact the health and wellbeing of its personnel, through
exposure of their personal information;
•  protection of an individual, or group of individual’s right to privacy; and
•  the fact that the FOI Act does not control or restrict any subsequent use or
dissemination of information released under the FOI Act.
31.
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.
32.
I am satisfied, based on the above particulars, the public interest factors against
disclosure outweigh 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 sections 47E and 47F of the FOI Act.
FURTHER INFORMATION
33.
Defence Force Recruiting (DFR) Employment Training provides personnel with the
skills that will support recruiting the right people in the right numbers at the right time
for the ADF to build, sustain and maximise Defence capability.
34.
DFR delivers employment training to all new military recruiters who join, and for
those who join at the commencement of the calendar year, the training is delivered in
person in Canberra. The training contains a blended learning approach including
online learning, formal classroom training and practical activities.
35.
Senior ADF leaders are invited to present at the commencement of the Employment
Training. The intent of this is to provide all staff a deeper understanding of the
strategic drivers for growing the workforce to meet the current and former needs of the
ADF.

Chris Owens
Assistant Secretary Media and Information Disclosure
Governance Group
Department of Defence
Date: 22 April 2025