OFFICIAL
DEFENCE FOI 030/25/26
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by Capt. HighFlyer (the applicant), dated and received on 5 July
2025 by the Department of Defence (Defence), for access to the following documents
under the
Freedom of Information Act 1982 (Cth) (FOI Act):
The scope of this request is all executive employees who held a membership to the
Qantas Chairmans Lounge or the Virgins Beyond Lounge, at any time during the
period 1 July 2024 - 30 June 2025.
Please provide, for this same period:
1. Any documents that detail official work completed during any attendance at one of
the above-mentioned airline lounges. This could include for example meeting invites,
meeting notes, agenda items, etc
2. All documents showing flight details where the departure or arrival airport has
either of the above-mentioned lounges.
3. All documents detailing any meal allowances paid to the executive employee in
respect of travel undertaken on the above flights.
Background
2.
On 10 July 2025, Defence formally consulted with the applicant in accordance with
section 24AB of the FOI Act. The notice provided to the applicant included a
statement outlining Defence’s intention to refuse the request on the grounds that that a
practical refusal reason existed in relation to it.
3.
On 12 July 2025, the applicant revised the scope of the request to:
1. Persons of interest: All individuals who currently hold a membership to the Qantas
Chairmans Lounge or the Virgins Beyond Lounge, as reported on the departmental
gifts and benefits register
2. For each individual, the 3 most recent documents created, of any type, that detail
official work completed during any attendance at one of the above-mentioned airline
lounges. This could include for example meeting invites, meeting notes, agenda items,
etc. May I suggest you consult with the relevant individuals and ask them to undertake
their own checks in the first instance.
3. In respect to meal allowances, I am looking for documents to examine whether meal
allowances are paid to staff who attend the abovementioned lounges. I trust limiting
the search period to 1 April 2025 - 30 June 2025 for this part of my request should
assist in the efficient processing of this request.
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FOI decision maker
4.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Decision
5.
I have decided to refuse this request for access under section 24AA(1)(a)(i) of the FOI
Act on the basis that the work involved in progressing this request would substantially
and unreasonable divert resources of the department from its other operations.
Material taken into account
6.
In making my decision, I have had regard to:
a. the terms of the request;
b. the resources required to process the request;
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 provided from relevant personnel with the Defence Integrity Division
(DID).
REASONS FOR DECISION
Section 24AA – When does a practical refusal reason exist?
7.
Section 24AA of the FOI Act outlines when a practical refusal reason exists for the
purposes of section 24. Relevantly, section 24AA(1)(a) provides that a practical
refusal reason exists if:
(a) the work involved in processing the request:
(i) in the case of an agency—would substantially and unreasonably divert the resources of the
agency from its other operations
8.
Section 24(1) of the FOI Act provides that:
If an agency or Minister is satisfied, when dealing with a request for a document, that a practical
refusal reason exists in relation to the request (see section 24AA), the agency or Minister:
(a) must undertake a request consultation process (see section 24AB); and
(b) if, after the request consultation process, the agency or Minister is satisfied that the
practical refusal reason still exists—the agency or Minister may refuse to give access to the
document in accordance with the request.
9.
In considering whether a practical refusal reason exists I had regard to the matters set
out in section 24AA(2), namely the resources required to perform the following
activities:
a. identifying, locating or collating documents within the filing system of the
agency or minister;
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b. examining the documents;
c. deciding whether to grant, refuse or defer access;
d. consulting with other parties;
e. redacting exempt material from the documents; and
f. notifying a final decision to the applicant.
10.
Defence’s Gifts and Benefit register published in accordance with the Australian
Public Service Commission’s Guidance for agency Heads – Gifts and Benefits
contains in excess of 30 Defence Officials that have reported a membership to one or
both lounges within the timeframe specified. To process the request would require
consultation with each official in relation to potential documents holdings, before an
assessment of documents is undertaken. In addition, I find that the information of third
parties contained within any documents discovered would require further consultation
with those individuals in accordance with section 27A of the FOI Act.
11.
If this request were to be processed in its current form, it would have a substantial and
adverse effect on Defence’s ability to perform its usual functions efficiently and in a
manner, which serves the public interest.
12.
Taking all the above into consideration I deem that the work required to progress the
request would substantially and unreasonable divert the resources of the Department
and on this basis I refuse access under section 24AA(1)(a)(i) of the FOI Act.
Chris Owens
Accredited Decision Maker
Department of Defence
31 July 2025
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