LEX 74456
Statement of Reasons under section 26 of the
Freedom of Information Act 1982
Decision and reason for decision of Jarrad (Position Number 62331110), Director,
Information Access Unit, Client and Information Access Branch, Department of Veterans’ Affairs
Applicant:
Mr Alan Ashmore
Date of decision:
17 March 2025
LEX reference number:
LEX 74456
OAIC reference:
MR25/00531
Sent by email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Ashmore,
Freedom of Information Request: LEX 74456
1. The purpose of this correspondence is to provide you with an outcome in relation to your
Freedom of Information request.
2. As a decision was not made within the time required under section 15 of the
Freedom of
Information Act 1982 (Cth) (
FOI Act), the Department of Veterans’ Affairs (
Department) is
taken to have refused access to the documents you requested in accordance with section
15AC of the FOI Act.
3. Where an access refusal decision is deemed to have been made before a substantive
decision is made, the Department is obliged to provide you with a statement of reasons once
the request is finalised.
1
Authority to make decision 4. I, Jarrad (Position Number 62331110), Director, Information Access Unit, Client and
Information Access Branch, am an officer authorised by the Secretary of the Department to
make decisions about access to documents in the possession of the Department in
accordance with section 23(1) of the FOI Act.
Summary 5. On 13 February 2025, you made a request for access to documents in the possession of the
Department. Your request sought access to:
‘…I am seeking for the years 2023 and 2024, the fol owing information.
: Number of veterans referred to Police for unacceptable behaviour to DVA staff.
: The number of veterans charged by Police, and
: The number of veterans convicted…’
6. On 19 February 2025, the Department acknowledged your request via email.
7. On 17 March 2025, the Department’s Secretary is taken to have made a decision to refuse
access to your request in accordance with section 15AC of the FOI Act as the request had
deemed.
8. On 25 March 2025, the Office of the Australian Information Commissioner (
OAIC) sent the
Department a notice under section 54V of the FOI Act advising that it had commenced a
review of the Department’s decision.
Material taken into account
9. In accordance with section 26(1)(a) of the FOI Act, my findings on any material question of
fact, the material on which those findings were based, and the reasons for my decision to
refuse access to the document.
10. I have taken the following material into account in making my decision:
the terms of your request on 13 February 2025;
the terms of your request for external review by the OAIC;
2
the types of documents that are in the possession of the Department;
the relevant sections of the FOI Act; and
the Guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (
FOI Guidelines).
Reasons for decision
11. The Department has engaged with its Integrity, Security and Property Branch, within
Chief People Officer Group to undertake all reasonable searches to identify any information
or documents that would be relevant to your request.
12. The Integrity, Security and Property Branch was able to identify the data you have
requested. However, as the data was not already available in a discrete form or in written
documents the Department has chosen to create a single document in accordance with
section 17 of the FOI Act. The details of this document are set out in
Schedule 1.
13. I am satisfied that this document is exempt from disclosure under section 37 and section 47E
of the FOI Act. My reasons for this are set out below.
Documents affecting law enforcement and protection of public safety (section 37)
14. I consider the information you have requested relates to active matters before the
Administrative Review Tribunal (ART) and the Office of Australian Information Commissioner
(OAIC) where the issue of disclosure of personal information of Departmental staff is being
considered.
15. I understand the Department has received correspondence regarding the Department’s
position on personal information of Departmental staff, including a complaint you previously
submitted which was subsequently withdrawn prior to submitting this request for
information under the FOI Act.
16. Accordingly, I am of the view that there is a real risk such correspondence may continue to
escalate in volume and that Departmental staff members will be personally targeted if this
information were to be released. I am satisfied that release of this information could
reasonably impact the safety of individual staff members through such targeting and have an
ongoing impact on their family members and others in the community. On that basis I
consider there is a risk to public safety associated with the release of this information.
3
17. Further, the release of this information could prejudice the impartial adjudication of active
matters before the ART and the OAIC.
Public interest conditional exemptions--certain operations of agencies (section 47E)
18. Disclosure of this information would reasonably be expected to have a substantial adverse
effect on the Department’s ability to effectively manage the wel being and safety of its staff.
Releasing the type of information you are seeking can reasonably be expected to make the
Department a less desirable place to work and reduce staff wil ingness to remain with the
Department. Staff may not feel safe at work and feel that they are at increased risk of being
targeted due to their work with the Department.
19. Disclosure of this information would also reasonably be expected to have a substantial
adverse effect on the proper and efficient conduct of the Department’s management of
operational matters including active matters before the ART and the OAIC.
20. Disclosing this data would, on balance, be contrary to the public interest. Release of this
information will not make any positive contributions to increasing public participation in
Government processes or in increasing scrutiny, discussion, comment and review of the
Department’s activities.
21. Disclosure of the data could reasonably be expected to cause unnecessary stress to
Departmental staff and the broader veteran community. The Department’s position is that
regard to staff safety and veteran wel being outweighs any public interest arguments in
favour of disclosure of the data. On balance, providing access to the data would be contrary
to the public interest.
Application for Information Commissioner Review – request to withdraw application
22. Given the Department has now provided a Statement of Reasons for this request, I request
that you consider withdrawing your application for review before the OAIC.
Your rights of review
23. If you are dissatisfied with my decision, you may advise the OAIC that you do not wish to
withdraw your application for IC Review.
4
24. You can contact the OAIC in one of the fol owing ways:
Online:
www.oaic.gov.au
Post:
Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Facsimile:
(02) 9284 9666
Email:
xxxxxxxxx@xxxx.xxx.xx
In person:
Level 3, 175 Pitt Street, Sydney NSW 2000
25. More information about your review rights under the FOI Act is available in Fact Sheet 12
published by the Office of the Australian Information Commissioner:
http://oaic.gov.au/freedom-of-information/foi-resources/freedom-of-information-fact-
sheets/foi-factsheet-12-your-review-rights
Yours sincerely,
Jarrad
Director
Information Access Unit
Client and Information Access Branch
Department of Veterans' Affairs
26 May 2025
5