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DEFENCE FOI 1100/24/25
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the revised request by Mick Herr from Right to Know (the applicant), dated
and received on 19 May 2025 by the Department of Defence (Defence), for access to
the following documents under the
Freedom of Information Act 1982 (Cth) (FOI Act):
“I wish to obtain access to each ICB application made under the ICB's exceptional
circumstances clause. Please include each application's supporting statements, as
well as government's decision documents for each application.
Please only include documents from warlike operations from 1 January 2005 to
onwards [19 May 2025]. Do not include ICB applications related to warlike
operations in Malaya, Borneo, Thailand and Vietnam.”
Background
2.
On 4 June 2025, with the applicant’s written agreement Defence extended the period
for dealing with the request from 18 June 2025 until 2 July 2025 in accordance with
section 15AA [extension of time with agreement] 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 ten documents as falling within the scope of the request.
Decision
5.
I have decided to refuse access to ten documents on the grounds that the documents
are 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 documents in issue;
c. relevant provisions of the FOI Act;
d. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
e. advice received from relevant officers within the
Royal Australian Infantry Corps.
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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.
In the case of documents identified, I have decided to refuse access to the documents
as they would be meaningless and of little or no value once the exempt material is
removed.
Section 47E(d) – Public interest conditional exemptions – certain operations of agencies
10.
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:
(c) have a substantial adverse effect on the proper and efficient conduct of
the operations of the agency.
11.
The Guidelines, at paragraph 6.115, 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.
12.
In the case of ‘ABK’ and Commonwealth Ombudsman [2022] AICmr 44, the
Information Commissioner (IC) found that where the direct contact details of agency
staff are not publicly known, they should be conditionally exempt under section
47E(d) of the FOI Act. 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.
13.
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 adversely affects the health, wellbeing and work of Defence personnel.
Disclosure of names, email addresses and phone numbers could, therefore, reasonably
be expected to prejudice the operations of Defence.
14.
The Guidelines provide, at paragraph 6.112, that I should consider whether disclosure
of the information ‘would, or could reasonably be expected to lead to a change in the
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agency’s processes that would enable those processes to be more efficient.’ Given that
the direct contact details within the documents are not publicly available and that more
appropriate communication channels are already available, I am satisfied that release
of the information could reasonably be expected to lead to a change in Defence’s
processes that would not lead to any efficiencies.
15.
Accordingly, I am satisfied that all staff information contained within the documents
is conditionally exempt under section 47E(d) of the FOI Act.
Section 47F – Public interest conditional exemptions - personal privacy
16.
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).
17.
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.
18.
I found that the documents contain personal information of those other than the
applicant. This includes their names, qualifications, service information and operation
areas which would reasonably identify a third party. In addition, the documents
include personal accounts of their military service.
19.
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.
20.
I found that the specific personal information listed is not well known, individuals
whose personal information is contained in the documents are not widely known to be
associated with the matters dealt with in the documents and the information is not
readily available from publicly accessible sources.
21.
Accordingly, I am satisfied that the documents are conditionally exempt under section
47F of the FOI Act.
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Public interest considerations - sections 47E and 47F
22.
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.
23.
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.
24.
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).
25.
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 protection of an individual’s right to privacy;
x the interests of an individual or a group of individuals;
x an agency’s ability to obtain confidential information;
x the management function of an agency; and
x the personnel management function of an agency.
26.
It is important that Defence is able to manage its personnel, including its culture. It is
also of fundamental importance to operational requirements that Defence is able to
manage its personnel and to undertake the process of applications and decisions where
appropriate.
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. Accordingly, I find that the
information is exempt under sections 47E and 47F of the FOI Act.
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Digitally signed by
joanne.groves joanne.groves
Date: 2025.06.19 10:12:08
+10'00'
Mrs Joanne Groves
Accredited Decision Maker
Army Headquarters
Department of Defence
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