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Attachment C: Statement of Reasons
FOI/2425/086
1. This attachment, together with the
Decision Notice and
Attachment B – Schedule of Documents, provides
the reasons I have decided not to disclose certain material to you in response to your request for documents
under the
Freedom of Information Act 1982 (FOI Act).
2.
Attachment B – Schedule of Documents provides a table with the description of documents, the decision
with respect to each document and a reference to the relevant provision that has been relied upon to exempt
the document from release. My considerations under the relevant provisions column are discussed below.
Document searches
3. I have consulted with the relevant line areas and reviewed the record of the various search and retrieval
efforts. I am satisfied that a reasonable search has been undertaken in response to your request.
Personal information (section 47F)
4. A document is conditionally exempt under section 47F of the FOI Act if its disclosure would involve the
unreasonable disclosure of personal information about any person
Personal information
5. ‘Personal information’ is information or an opinion about an identified person or a person who can be easily
identified, whether that information or opinion is true or not.
6. Paragraph 6.125 of the Guidelines issued by the Office of the Australian Information Commissioner (the FOI
Guidelines) further provides:
7.
‘Personal information can include a person's name, address, telephone number, date of birth, medical records,
bank account details, taxation information and signature.’
8. I am satisfied that the Documents contain personal information of other people. That is, names and opinions
of identified individuals, as well as information that identifies an individual’s location or method of
attendance. I am satisfied that the Documents contain sensitive personal information, including information
related to legal disputes.
Where disclosure is ‘unreasonable’
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9. In determining whether the disclosure of personal information would be unreasonable, I have had regard to
the matters under section 47F(2) of the FOI Act, specifically:
a. the extent to which the information is well known
b. whether the person to whom the information relates is known to be associated with the matters
dealt with in the documents
c. the availability of the information from publicly accessible sources, and
d. any other matters that I consider relevant, specifically, any objections raised by third parties who
were consulted on the release of their personal information.
10. Paragraphs 6.137-6.138 of the FOI Guidelines and the decision of
FG and National Archives of Australia [2015]
AICmr 26 (
FG and NAA) set out key factors to consider when determining whether disclosure would be
unreasonable. In the present matter, I consider that disclosure would be unreasonable for the following
reasons:
a. there is no consent from the individuals for the release of their personal information, where it is not
publicly available
b. the information and opinions are private and not available in full or in part from publicly-accessible
sources
c. disclosure of the information without consent is likely to cause detriment to the identified individuals,
and release of the personal information would not advance the public interest in government
transparency and integrity.
11. Taking into account the factors outlined above under the FOI Act, the FOI Guidelines, the cases of FG and NAA
and Re Chandra and the third party submissions, I consider the disclosure of the material to which this
exemption has been applied would be an unreasonable disclosure of personal information. For these reasons,
I am satisfied that the material is conditionally exempt under section 47F of the FOI Act.
12. As I have found that the relevant material is conditionally exempt, I am required to consider whether it would
be contrary to the public interest to grant access to the conditionally exempt material at this time.
Public interest
13. Under the FOI Act, access to conditionally exempt documents must generally be given unless doing so would
be contrary to the public interest.
14. Paragraph 6.224 of the FOI Guidelines provides that the public interest is considered to be:
a. something that is of
serious concern or benefit to the public, not merely of individual interest
b. not something of interest to the public, but i
n the interest of the public
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Attachment C: Statement of Reasons
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c. not a static concept, where it lies in a particular matter will often depend on a balancing of interests
d. necessarily broad and non-specific, and
e. related to matters of
common concern or relevant to all members of the public, or a substantial
section of the public.
15. My consideration of the public interest test regarding the application of section 47F of the FOI Act follows:
16. Factors in favour of disclosure
17. Of the factors favouring disclosure, I consider the release of the conditionally exempt material would promote
the general public interest in accessing documents as expressed in sections 3 and 11 of the FOI Act, including
by providing access to background or contextual information that informed a government decision.
18. However, having regard to the other factors outlined in section 11B(3) of the FOI Act, I do not consider that
the disclosure of the limited personal information to which this exemption has been applied in the present
circumstances would promote effective oversight of public expenditure, increase public participation in
Government processes, increase scrutiny, discussion, comment and review of the Government’s activities, or
allow you to access your personal information.
Factors against disclosure
19. Of the factors against disclosure, I consider the release of the conditionally exempt material:
a. could reasonably be expected to prejudice the protection of an individual’s right to privacy, and
b. could reasonably be expected to harm the interests of the persons concerned.
20. I further consider that not disclosing the personal information would not detract from the public interest in
releasing the remainder of the report. I consider that the personal information is incidental to the main topic
of the report.
21. On balance, I have decided that the factors against disclosure outweigh those favouring disclosure and that
disclosure of the conditionally exempt material would be contrary to the public interest.
22. I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI Act in making
this decision.
Publication (section 11C)
23. Where an applicant is provided access to a document, section 11C of the FOI Act requires the NIAA to publish
the document to members of the general public within ten (10) business days of providing the applicant with
access to the document.
24. Documents are published on NIAA Disclosure Log
at https://www.niaa.gov.au/foi/agency-foi-disclosure-logs.
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Attachment C: Statement of Reasons
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