Our Ref: FOI-2025/0624163912
21 July 2025
Mr Glenn Hamiltonshire
By email: Glenn Hamiltonshire xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Hamiltonshire
Request for documents under the Freedom of Information Act 1982 (Cth)
1. I refer to your email to the Australian Human Rights Commission (the
Commission) dated 21 June 2025 making a request under the
Freedom of
Information Act 1982 (Cth) (FOI Act). You requested:
A. A full transcript of the speech, or the script of the "Freedom, Faith and Fairness:
Navigating Human Rights in Education Today, Lorraine Finlay, Human Rights Commissioner"
speech relied on by the Australian Human Rights Commissioner.
B. Any and all drafts of previous versions of the "Freedom, Faith and Fairness: Navigating
Human Rights in Education Today, Lorraine Finlay, Human Rights Commissioner" held by the
AHRC.
C. Correspondence between officials of the Australian Human Rights Commission relating to
the "Freedom, Faith and Fairness: Navigating Human Rights in Education Today, Lorraine
Finlay, Human Rights Commissioner" speech.
2. I confirm that I am an officer authorised under s 23(1) of the FOI Act to make
decisions in relation to Freedom of Information requests.
3. This letter sets out my decision in response to your request for access to
these documents.
4. In making my decision, I have had regard to:
a. Your FOI request and the nature of the documents sought in your
request
b. The FOI Act
c. Guidelines issued by the Office of the Australian Information
Commissioner under s 93A of the FOI Act (Guidelines)
Australian Human Rights
GPO Box 5218
General enquiries
1300 369 711
Commission
Sydney NSW 2001
National Info Service
1300 656 419
ABN 47 996 232 602
www.humanrights.gov.au
TTY
1800 620 241
Australian Human Rights Commission
and
d. Relevant case law.
5. By email dated 21 June 2025, you confirmed that you agreed to having the
names and direct contact details of non-senior staff removed, however you
requested that redactions do not include non-personally identifying
information. For example, you requested that we leave the domain and job
titles when redacting email addresses or signature blocks on emails.
Searches and outcomes
6. I have reviewed the Commission’s electronic records and conducted searches
for documents falling within the scope of your request. I was unable to locate
any documents within the scope of Part B and Part C of your request.
7. I have also conferred with the Human Rights Commissioner and Commission
staff working directly with the Human Rights Commissioner regarding your
request, and the Human Rights Commissioner has conducted further
searches of all of her records for documents within the scope of your
request. The Commissioner has confirmed that she has located two
documents that fall within Part A and no other documents that fall within the
scope of your request.
8. The documents provided are:
a. Word document text of “Freedom, Faith & Fairness: Navigating
Human Rights in Education Today (Christian Schools Australia
National Policy Forum, 26 May 2025)”
b. Powerpoint presentation of “Freedom, Faith & Fairness: Navigating
Human Rights in Education Today (Christian Schools Australia
National Policy Forum, 26 May 2025)”.
9. No other documents than those provided were identified as falling within the
scope of your request.
10. I am satisfied that all reasonable steps to find the documents requested were
taken.
11. I am satisfied that no other documents within the scope of your request
exist, or otherwise, they cannot be found.
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link to page 3 link to page 3 link to page 3 link to page 3
Australian Human Rights Commission
Decision
12. I have decided to refuse Part B and Part C of your request under s24A(1)(b)(ii)
of the FOI Act because I am satisfied that the documents you have requested
do not exist.
13. The FOI Act requires documents identified as falling within the scope of a FOI
Act request to be produced in response to the request, unless the FOI Act
provides an exemption for a particular type of document
.1
14. The FOI Act sets out categories of documents that are wholly exempt and
categories of documents that are conditionally exempt. Conditionally exempt
documents must be produced in response to an FOI Act request unless it
would be contrary to the public interest to d
o so.2
15. I have reviewed the two documents located and have decided as follows:
To allow partial release of the following pages of the documents which are
otherwise exempt from production under the sections identified:
a. Page 1 of document 1
(matter redacted under s 47F) b. Page 9 of document 2
(matter redacted under s 47F).
16.
Section 47F(1) of the FOI Act conditionally exempts a document where
disclosure of the document would disclose information that involves an
unreasonable disclosure of personal information about any person. Personal
information is information or an opinion about an identified individual, or an
individual who is reasonably identifiable. Personal information includes a
person’s name, address and telephone numbe
r.3 For particular information
to be personal information, an individual must be identified or reasonably
identifiable regardless of whether the information is true
of not.4
17. Relevant factors I have to consider are set out in the authorities such as ‘
FG’
and National Archives of Australia [2015] AICmr 26 [47]–[48] including:
a. any detriment that disclosure may cause to the person to whom the
information relates
b. any opposition to disclosure expressed or likely to be held by that
person
1 FOI Act, s11 and s11A.
2 s11A(5)
3 See Re Green and Australian and Overseas Telecommunications Corporation [1992] AATA 252.
4 s4 FOI Act.
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Australian Human Rights Commission
c. the circumstances of an agency’s collection and use of the information
d. the fact that the FOI Act does not control or restrict any subsequent
use or dissemination of information released under the FOI Act
e. any submission an FOI applicant chooses to make in support of their
request as to their reasons for seeking access and their intended or
likely use or dissemination of the information (noting that an applicant
is not required to provide reasons) and
f. whether disclosure of the information might advance the public
interest in government transparency and integrity.
18. I have decided to redact personal information of the Human Rights
Commissioner’s family in document 1 and of the Human Rights
Commissioner in document 2. The release of such personal information
would not achieve any significant public purpose or shed significant light on
the workings of government.
19. Under s 11A(5) of the FOI Act, conditionally exempt documents are exempt
from disclosure if such a disclosure would be contrary to the public interest.
My decision therefore takes into account whether disclosure of the personal
information of the Commissioner and/or her family would be contrary to the
public interest.
20. Section 11B(3) of the FOI Act sets out the following factors favouring
disclosure of documents:
a. promoting the objects of the FOI Act
b. informing debate on a matter of public importance
c. promoting oversight of public expenditure; and
d. allowing a person to access his or her personal information.
21. Disclosure of the personal information that I have determined is
conditionally exempt pursuant to s 47F of the FOI Act would not promote the
objects of the Act by facilitating and promoting transparency and public
access to information. In my view, the personal information in these
documents does not inform debate on a matter of public importance, nor
does it inform the Commission’s activities or decision making in relation to
raising public awareness of human rights and education.
22. A key factor indicating that disclosure would be contrary to the public
interest is that the conditionally exempt information could reasonably be
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Australian Human Rights Commission
expected to prejudice the protection of the individual’s right to privacy. The
harm which may result from disclosure of this information is a factor which I
give weight in this matter, along with the views of the Human Rights
Commissioner who has not consented to the disclosure of her personal
information. I also give some weight to the fact that the FOI Act does not
control or restrict the use of information once obtained through the FOI Act.
23. In weighing up these considerations, on balance, I find that the release of the
conditionally exempt information in these documents would be contrary to
the public interest and have therefore decided that those parts of the
documents are exempt from release under the FOI Act.
24. However, I am of the view that the redaction of this personal information
from the documents addresses any objections to release.
25. Pursuant to s 22 of the FOI Act, I am satisfied that it is possible for the
Commission to prepare a copy of the relevant documents with this
conditionally exempt information deleted. The documents are therefore
released in part under s 47F.
Avenues of review of my decision
26. If you are dissatisfied with my decision or the searches we conducted to
locate information and documents related to your request, you may apply
for internal review, or to the Australian Information Commissioner, for
review of my decision. We encourage you to seek internal review as a first
step as it may provide a more rapid resolution of your concerns.
A.
Internal review
a. Under s 54 of the FOI Act, you may apply for an internal review of
my decision by writing to the Commission within 30 days of the date
of this letter stating the reasons why you believe the review of the
decision is necessary.
b. The internal review will be carried out by another FOI officer within
30 days.
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Australian Human Rights Commission
B.
Information Commissioner Review
c. Under s 54L of the FOI Act, you may apply to the Australian
Information Commissioner to review my decision.
d. An application for review by the Information Commissioner must be
made in writing within 60 days of the date of this letter.
e. You may lodge an application for review by the Information
Commission in one of the following ways:
Online:
Information Commissioner Review Application Form
Email:
xxxxx@xxxx.xxx.xx
Post:
GPO Box 5288, Sydney NSW 2001
f. You may visit the Office of the Australian Commissioner website for
more information about a review by the Information Commissioner.
Yours sincerely,
Cara Seymour
Senior Lawyer
T +61 2 9284 9646
E xxxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
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