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DEFENCE FOI 866/24/25
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by Richard Smith (the applicant), received by the Department of
Defence (Defence) on 7 April 2025, for access to the following documents under the
Freedom of Information Act 1982 (Cth) (FOI Act):
a)
Documents detailing any risk assessment or analysis of potential of harm to the
environment that the Department of Defence has undertaken, within the period
2023-2024, in regards to the Commonwealth's burying of MRH-90 hulls or
remains;
b)
Documents describing any communication between the Army and the
Department of Defence, within the period 2023-2024, that mentions or details
potential or actual environmental harm in regards to the Commonwealth's
burying of MRH-90 hulls or helicopter remains; and
c)
Documents describing any communication between the Department of Defence
and the Minister of Defence, within the period 2023-2024, that mentions or
details potential or actual environmental harm in regards to the
Commonwealth's burying of MRH-90 hulls or helicopter remains.
Background
2.
On 22 April 2025 with the applicant’s written agreement, Defence extended the period
for dealing with the request from 7 to 14 May 2025 in accordance with section 15AA
[extension of time with agreement] of the FOI Act
3.
On 8 May 2025 with the applicant’s written agreement, Defence extended the period for
dealing with the request from 14 to 28 May 2025 in accordance with section 15AA
[extension of time with agreement] of the FOI Act.
FOI decision maker
4.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
5.
I have identified no documents as falling within the scope of the request.
Decision
6.
I have decided to refuse the request under section 24A [requests may be refused if
documents cannot be found, do not exist or have not been received] of the FOI Act.
Material taken into account
7.
In making my decision, I have had regard to:
a.
the terms of the request;
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b.
the content of the identified documents in issue;
c.
relevant provisions of the FOI Act;
d.
Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines);
e.
advice provided by various subject matter experts in the Capability,
Acquisition and Sustainment Group (CASG), including about the life-cycle and
disposal processes for Defence capability; and
f.
information supplied by a contracted service provider to Defence.
REASONS FOR DECISION
Section 24A – requests may be refused if documents cannot be found, do not exist or
have not been received
8.
Section 24A of the FOI Act states:
(1)
An agency or Minister may refuse a request for access to a document if:
(a)
all reasonable steps have been taken to find the document; and
(b)
the agency or Minister is satisfied that the document:
(i)
is in the agency’s or Minister’s possession but cannot be found; or
(ii)
does not exist.
9.
Paragraph 3.94 of the Guidelines provides:
[Agencies] should assist applicants to identify the specific documents they are
seeking. To do so would facilitate and promote public access to information in
accordance with the objects of the Act. If the document still cannot be located, the
statement of reasons given to the applicant should sufficiently identify the document,
explain why it cannot be found or is known not to exist or to be in the agency’s
possession, describe the steps the agency took to search for the document, and note
the limitations of any search.
10.
Comprehensive searches to locate documents were conducted by subject matter experts
in CASG across a variety of systems, including the Defence filing system ‘Objective’
for documents relevant to the terms and timeframe of the request. Additional, manual
searches were executed in specific folders containing various documents regarding the
recycling of the MRH90 Taipan Helicopters, and communication, like Ministerial
Briefs, to the Minister of Defence. No documents were found.
11.
The Australian Army also conducted searches in Objective, for potential document
holdings that were responsive to the terms of the request. Search phrases used include:
‘environmental impact of burying MRH-90’,
‘transiting aircraft,
‘environmental harm
of burying MRH-90’,
‘Commonwealth burying MRH-90 hulls’,
‘burying MRH-90
remains’, and
‘burying MRH-90 hulls’. No documents were found.
12.
I considered, and am satisfied that that the requested documents would not be held by
another group or service in Defence.
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13.
In forming my decision, I had regard for advice from subject matter experts in CASG
about the capability disposal process. I considered whether a service provider contracted
to Defence may possess, or have created documents within the scope of the request.
14.
In accordance with section 6(C) [requirement for Commonwealth contracts] of the FOI
Act, I requested that searches be conducted by a contracted service provider. No
documents were identified as falling within the scope of the request.
15.
I am confident, based on the information received from the contracted service provider
and additional advice received from subject matter experts in CASG, that no documents
have been created, nor held by the contracted service provider.
16.
Having due regard for the terms and scope of the request, I am satisfied that all
reasonable steps have been taken to locate documents.
17.
Accordingly, I refuse the request under section 24A of the FOI Act.
christina.langwill Digitally signed by christina.langwill
Date: 2025.05.28 16:08:52 +10'00'
C
Langwill
Accredited Decision Maker
Capability Acquisition and Sustainment Group
Department of Defence
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