DEFENCE FOI 875/24/25
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT
1.
I refer to the request by Trevor Bodnar (the applicant), as revised on 8 May 2025, for
access to the following documents under the
Freedom of Information Act 1982 (Cth)
(FOI Act) for access to:
The cover page of the Flight Manual for the RAAF PC-9 aircraft as well as the cover
page for the AP-3C aircraft.
Background
2.
On 8 April 2025 the applicant submitted a request under the FOI Act to the Department
of Defence (Defence) in the following terms:
I am seeking the entirety of the Flight Manual for the RAAF PC-9 aircraft as well as
the cover page only for the AP-3C aircraft.
3.
On 22 April 2025 with the applicant’s written agreement, Defence extended the period
for dealing with the request from 8 May 2025 until 15 May 2025 in accordance with
section 15AA [extension of time with agreement] of the FOI Act.
4.
On 8 May 2025 Defence initiated informal consultation with the applicant about the
scope of the request.
5.
On 8 May 2025 the applicant revised the scope of their request to the terms outlined in
paragraph 1.
FOI decision maker
6.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
7.
I have identified two (2) documents as falling within the scope of the request.
Exclusions
8.
Signatures contained in documents that fall within the scope of the FOI request are
excluded from this request. Defence has only considered final versions of documents.
Decision
9.
I have decided to:
a.
partially release two (2) documents in accordance with section 22 [access to
edited copies with exempt or irrelevant matter deleted] of the FOI Act, on the
grounds that the deleted material is considered exempt under section 47E
[Public interest conditional exemption – certain operations of agencies] of the
FOI Act; and
b.
remove irrelevant material in accordance with section 22 of the FOI Act.
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Material taken into account
10. In making my decision, I had regard to:
a.
the terms of the request;
b.
the content of the identified documents in issue;
c.
relevant provisions in the FOI Act;
d.
Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
e.
advice from Joint Aviation Systems Division.
REASONS FOR DECISION
Section 22 – Access to edited copies with exempt or irrelevant matter deleted
11. Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a
document where the agency has decided that to give access to a document would
disclose information that would reasonably be regarded as irrelevant to the request for
access.
12. Documents 1 and 2 contain exempt and irrelevant material that does not relate to the
request.
13. I am satisfied that it is reasonably practicable to remove the exempt and irrelevant
material and release the documents to you in an edited form.
Section 47E – Public interest conditional exemptions – certain operations of agencies
14. Section 47E(d) 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:
(d) have a substantial adverse effect on the proper and efficient conduct of the
operations of the agency.
15. Paragraph 6.115 of the Guidelines provide 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. In the case of ‘ABK’ and Commonwealth Ombudsman [2022] AICmr 44, the
Information Commissioner (IC) found that where the direct email addresses and phone
numbers of agency staff are not publicly known, they should be conditionally exempt
under section 47E(d). The IC made this determination due to reasonable expectation
that the release of direct contact details would undermine the operation of established
channels of communication with the public. Further, the IC accepted that staff who were
contacted directly could be subject to excessive and abusive communications, which
may give rise to work health and safety concerns.
17. I am satisfied that were the contact details of Defence personnel made publicly
available, it would have substantial adverse effects on the proper and efficient operation
of existing public communication channels. Further, I am satisfied of a reasonable
expectation that the information could be used inappropriately, in a manner which
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adversely affects the health, wellbeing and work of Defence personnel. Disclosure of
names could, therefore, reasonably be expected to prejudice the operations of Defence.
18. Further, the documents contain internal Defence file numbers that are not otherwise
publicly available. I am of the view that disclosure would provide insight into the
structure of the Defence Records Management System – Objective, and could
reasonably be expected to compromise the security and integrity of Defence by making
public details of a system used by personnel to organise and undertake their work.
19. In making my decision I have considered paragraph 6.112 of the Guidelines and am
satisfied that release of the information would not lead to any efficiencies in Defence
processes.
20. Accordingly, I am satisfied that the information contained within the documents is
conditionally exempt under section 47E(d) of the FOI Act.
Public interest considerations - section 47E
21. 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.
22. 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.
23. In my view, disclosure of this information 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).
24. 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 prejudice:
x
the interests of an individual or a group of individuals; and
x
the personnel management and management function of an agency.
25. It is in the public interest that Defence efficiently and productively operates with regard
for the health and wellbeing of its personnel. As I have established above, the release of
the names, email addresses and phone numbers of Defence personnel can reasonably be
expected to prejudice the management and personnel management functions of
Defence. Existing communication channels and processes enable efficient and
appropriate liaison with the public. The direct contact details of Defence personnel
should, therefore, not be disclosed, as the public interest against their disclosure
outweighs the public interest in their release.
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26. Further, while I accept there is a public interest in ensuring that Defence undertakes its
functions in a transparent and proper manner, there is also a strong public interest in
maintaining the confidentiality of the material contained in the documents.
27. 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.
28. 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.
29. Accordingly, I find that the information is exempt under section 47E of the FOI Act.
Mick HUNT Digitally signed by Mick HUNT
Date: 2025.05.09 15:37:32
+10'00'
Michael Hunt
Accredited Decision Maker
Capability Acquisition and Sustainment Group
09 May 2025
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