FOI Reference: LEX 12564
File Reference: 25/18973
July 2025
A member of the public
via Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Applicant,
Re: Freedom of Information Request
I refer to your request received by the Department of Foreign Affairs and Trade (the
department) for access to documents under the
Freedom of Information Act 1982 (the FOI
Act).
I am writing to provide you with a decision about this request.
I have identified a document relevant to your request. After careful consideration, I have
decided to grant access to an edited of the document with irrelevant and exempt material
removed.
Your request
On 20 June 2025 you requested access to:
the document or documents covering the current DFAT Overseas Conditions of
Service, as determined by the Secretary or their delegate.
Authority
I am an officer authorised under section 23 of the FOI Act to make decisions in relation to
FOI requests.
Reasons
In making my decision I have taken into account:
• the terms of your request;
• the documents within the scope of your request;
• the FOI Act; and
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (FOI Guidelines).
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
The reasons for my decision and for the application of exemptions under the FOI Act to the
document are set out below. Where I refer to sections of the FOI Act, these are available at
www.legislation.gov.au. Where I refer to parts of the FOI Guidelines, these are available at
OAIC | FOI Guidelines.
Substantial adverse effect on an agency’s proper and efficient conduct of operations
(section 47E(d) of the FOI Act)
Under section 47E(d) of the FOI Act, a document is conditional y exempt if disclosure would,
or could reasonably be expected to, have a substantial adverse effect on the proper and
efficient conduct of the department’s operations. A substantial adverse effect may be an
indirect effect (FOI Guidelines, paragraph 6.82).
The predicted effect must bear on the departments proper and efficient operations, that is,
the department is undertaking its operations in an expected manner (FOI Guidelines,
paragraph 6.115).
The documents in scope include content that relates to how the department calculates and
classifies employee entitlements at its overseas location. These documents also contain
procedural instructions relating to the internal processes for making and approving certain
types of applications (including the required supporting evidence) for different aspects of
the posting process.
I am satisfied that disclosure of this material within the scope of your request would
prejudice the flow of similar information to the department in the future and that the
department’s inability to obtain similar information in future would, or could reasonably be
expected to, have a substantial adverse effect on the department’s ability to undertake its
operational activities effectively and efficiently.
For these reasons, I have decided that the information marked up in the document is
conditional y exempt under section 47E(d) of the FOI Act.
Conditional exemptions - public interest considerations (section 11A(5) of the FOI Act)
As section 47E(d) of the FOI Act is a conditional exemption, I must grant you access to this
material unless providing access would, on balance, be contrary to the public interest
(section 11A(5) of the FOI Act).
In assessing the public interest, I have considered the FOI Guidelines referred to above and
the public interest factors listed in section 11B of the FOI Act as favouring access, including
whether granting access to the documents would:
• promote the objects of the FOI Act;
• inform debate on a matter of public importance; and
• promote effective oversight of public expenditure.
I have also considered public interest factors against disclosure, including that disclosure
may reasonably be expected to:
• prejudice security or public safety;
• prejudice the agency’s ability to obtain similar information in the future; and
• prejudice the management function of the agency.
On balance, I am of the view that the public interest is weighted against the disclosure of
the conditional y exempt material. In forming this view, I have not taken into account any of
the irrelevant factors specified in section 11B(4) of the FOI Act.
Irrelevant material (section 22(1)(a)(i ) of the FOI Act)
Some of the material excluded from the document released to you is outside the scope or
could reasonably be regarded as irrelevant to your request (section 22(1)(a)(ii) of the FOI
Act).
In determining what is relevant to your request, I have taken into account the terms of your
request and the email which you received from the department on 23 June 2025, in which
you were invited to respond if you required the personal information of junior staff from
ministerial offices and government officials not in the Senior Executive Service (SES) or
equivalent, including their email addresses and contact numbers, together with al
signatures, mobile phone numbers, departmental inboxes and technical transmission details
including reference numbers. As you have not stated that you require this information, I
have decided to remove it from the documents being released to you.
Review rights
Information about your review rights is set out in the
Attachment for your reference.
Contact
Should you have any queries regarding this matter please contact the Freedom of
Information Section by email (xxx@xxxx.xxx.xx).
Yours sincerely
Bina Chandra
Assistant Secretary
Department of Foreign Affairs and Trade
REVIEW AND COMPLAINT OPTIONS
Further information on applying for an IC
review is available on Office of the
If you consider the department made the
Australian Information Commissioners
wrong decision, please request a review.
(OAIC) website.i
If you are dissatisfied with the way your
Third party review rights
request was processed, please make a
complaint.
Third parties who were consulted by the
department are entitled to seek an
REVIEW
internal review of the department’s
How to seek a review of this decision
decision to grant access to a document.
Internal review by the department
Further information about third party
review rights is available on OAICs
You may apply for internal review of the
website.i
decision (section 54 of the FOI Act). The
internal review application must be made
You may also apply for an external review
within 30 calendar days from the day you
by the IC (section 54L of the FOI Act).To
receive this notice. Where possible, please
do this, you must make your application
attach reasons why you believe review of
within 30 calendar days from the day you
the decision is necessary.
receive this notice.
A new decision maker, who was not
COMPLAINT
involved in the initial decision, will review
How to make a complaint about process
your request, and make a new decision
within 30 calendar days.
Complaint to the department
Any request for internal review should be
If you wish to make a complaint about
directed via email to xxx@xxxx.xxx.xx or
how your FOI request was processed by
addressed to:
the department, we welcome you sending
an email with the details of your
Freedom of Information Section
complaint to the department in the first
Department of Foreign Affairs and
instance via xxx@xxxx.xxx.xx.
Trade
R G Casey Building
Complaint to the IC
John McEwen Crescent
Barton ACT 0221
You may also make a complaint to the IC
about the Departments actions in relation
External review by the Information
to this decision (section 70 of the FOI Act).
Commissioner (IC)
Further information about how to make a
You may apply to the Australian
complaint is available on OAICs website.i i
Information Commissioner to review this
decision (section 54L of the FOI Act).To do
this, you must contact the IC within 60
calendar days from the day you receive
this notice.
