OFFICIAL
Freedom of Information (FOI) request
Notice of Decision
Reference: FOI/2025/056
Mr Alan Cole
Email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Cole
I refer to your request to the Department of the Prime Minister and Cabinet (the Department), under
the
Freedom of Information Act 1982 (the FOI Act), received on 24 March 2025.
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
Scope of request
You set out your request in the fol owing terms:
1. the list of the entire delegation accompanying prime minister Albanese to Brazil in November
2024 2. the list of the entire delegation accompanying prime minister Albanese to Peru in November
2024
Authorised decision-maker
I am authorised to make this decision in accordance with arrangements approved by the
Department’s Secretary under section 23 of the FOI Act.
Material taken into account
In reaching my decision I referred to the fol owing:
• the terms of your request
• the FOI Act
Postal Address: PO Box 6500, CANBERRA ACT 2600
Telephone: +61 2 6271 5849 Fax: +61 2 6271 5776 www.pmc.gov.au ABN: 18 108 001 191
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• the Guidelines issued by the Information Commissioner
1 (the Guidelines)
Decision
In accordance with section 17 of the FOI Act the Department has prepared one (1) document that
meets the terms of your request. I have decided to grant access in part with exempt material deleted
on the basis the document contains information exempt under section 47E (Operations of agencies)
of the FOI Act.
The document is enclosed with my decision.
Reason for decision
My findings of fact and reasons for deciding that certain information is exempt is set out below.
1.
Section 47E – Certain operations of agencies
Section 47E provides:
A document is conditionally exempt if its disclosure under this Act would, or could reasonably be
expected to, do any of the following:
(a) prejudice the effectiveness of procedures or methods for the conduct of tests, examinations
or audits by an agency;
(b) prejudice the attainment of the objects of particular tests, examinations or audits conducted
or to be conducted by an agency;
(c) have a substantial adverse effect on the management or assessment of personnel by the
Commonwealth, by Norfolk Island or by an agency;
(d) have a substantial adverse effect on the proper and efficient conduct of the operations of an
agency.
The Guidelines explain that a decision maker is required to assess whether ‘the predicted effect needs
to be reasonably expected to occur.’1
The document contains material pertaining to Australian Federal Police (AFP) operations and the
number of AFP officers performing duties. The Department consulted with the AFP. I have taken into
consideration the feedback provided which has raised concerns about safety given the high-risk
nature of the work of the AFP, and that there is no limit on the way the information may be used in
the future.
In addition, the release of information regarding AFP resources and methods for protecting the Prime
Minister would likely have an adverse effect of the management of AFP personnel and the general law
enforcement functions of the AFP.
I am satisfied parts of the document are exempt under section 47E(c) of the FOI Act.
I have considered the public interest factors below at section 2.
1 s 93A of the FOI Act
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2.
Public interest
The FOI Act provides that a conditional y exempt document must nevertheless be disclosed unless its
disclosure would, on balance, be contrary to the public interest
2. In determining whether its disclosure
would be contrary to the public interest, the FOI Act requires a decision-maker to balance the public
interest factors.
As I have decided that parts of the documents are conditional y exempt, I am now required to
consider the public interest factors, in doing so I have not considered the irrelevant factors as set out
in section 11B(4) of the FOI Act, this includes:
a) access to the document could result in embarrassment to the Commonwealth
Government, or cause a loss in confidence in the Commonwealth Government
b) access to the document could result in any person misinterpreting or misunderstanding
the document
c) the author of the documents was (or is) of high seniority in the agency to which the
request for access to the document was made
d) access to the document could result in confusion or unnecessary debate
In applying the public interest test, I have noted the objects of the FOI Act
3 and the factors favouring
access as listed in section 11B(3) of the FOI Act. Having regard to the material before me and the
circumstances of the documents found to be conditional y exempt I am satisfied of the fol owing:
• access would promote the objects of the FOI Act
4. • With respect to the other mandatory factors and having regard to the circumstances, I find that
access to the material redacted does not have the character that would inform debate on a
matter of public importance, and access to the material redacted does not of er any insights into
public expenditure.
• Further the material redacted is not your personal information and this factor is not relevant to
considering access.
The FOI Act does not set out any public interest factors against disclosure and require that agencies
are to have regard to the Guidelines to work out if disclosure would, on balance, be contrary to the
public interest
5. The Guidelines contain a non-exhaustive list of factors that, depending on the
circumstances of the documents found to be conditional y exempt, may weigh against disclosure.
In making my decision, I consider the main factors against disclosure are:
• disclosure of the AFP operational information could have an adverse effect of the management
of AFP personnel and the general law enforcement functions of the AFP.
2section 11A(5)) of the FOI Act
3 section 3 of the FOI Act
4 section 11B(3)(a) of the FOI Act
5 section 11B(5) of the FOI Act
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After careful consideration of al relevant factors, I have decided that, on balance, the factors
against disclosure outweigh those favouring disclosure. Accordingly, I am of the view that
disclosure of the requested document would be contrary to the public interest.
Review rights
If you disagree with my decision, you may apply for internal review or IC review of the decision.
Internal review
Under section 54 of the FOI Act, you may apply in writing to the Department for an internal review of
my decision. The internal review application must be made within 30 days after the date of this letter.
Where possible please attach reasons why you believe review of the decision is necessary.
Applications for review should be sent to
xxx@xxx.xxx.xx.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to
review my decision. An application for review by the Information Commissioner must be made in
writing within 60 days after the date of this letter. You can apply using the
OAIC Web Form.6
FOI Complaints
If you are unhappy with the way we have handled your FOI request, please let us know what we could
have done better. We may be able to rectify the problem. If you are not satisfied with our response,
you can make a complaint to the Australian Information Commissioner. A complaint to the
Information Commissioner must be made in writing. You can make a complaint using the
OAIC Web Form.7
Yours sincerely
Alison Green
Assistant Secretary
Protocol and International Visits Branch
Department of the Prime Minister and Cabinet
7 May 2025
6 https://webform.oaic.gov.au/prod?entitytype=ICReview&layoutcode=ICReviewWF
7 https://webform.oaic.gov.au/prod?entitytype=Complaint&layoutcode=FOIComplaintWF
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Document Outline
