10 November 2025
Mark Walkom eSafety ref: FOI 25189
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Applicant
Decision on your freedom of information request
I refer to your request to the eSafety Commissioner (eSafety) on 9 September 2025 for
access to documents under the
Freedom of Information Act 1982 (Cth)
(FOI Act).
“On the ABC's 7:30 show on the 8th Sept 2025 you mentioned that Australian schools have been
reporting that 10- and 11-year-old children are spending up to six hours per day on AI
companions, "most of them sexualised chatbots", as quoted here
https://www.abc.net.au/news/2025-09-08/chatbots-banned-from-talking-sex-or-suicide-with-
australian-kids/105750012.
Under the provisions outlined in the Freedom of Information Act of 1982 I am requesting the
source(s) of this information, be that documents, emails or other.
(request).
Decision
I am authorised under section 23(1) of the FOI Act to make decisions under that Act.
I have identified one document that falls within the scope of your request. I have decided to
refuse access to this document in part under sections 47E(d) and 47F of the FOI Act.
Searches for documents The FOI Act requires that all reasonable steps must be taken to find documents relevant to
an FOI request. Searches for documents were undertaken by members of eSafety’s Strategic
Communications and Education, Prevention and Inclusion Branches across internal eSafety
systems including Microsoft SharePoint, Outlook and Teams.
I am therefore satisfied all reasonable steps were taken to find documents relevant to your
request.
Material taken into account
I have taken the following material into account in making my decision:
• the scope of your request
Email: xxx@xxxxxxx.xxx.xx
eSafety.gov.au
• the information contained in documents relevant to your request
• the relevant provisions of the FOI Act including sections 47E and 47F
• consultation with eSafety personnel
• consultation with an affected third party
• guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act.
Reasons for decision
Section 47E(d) of the FOI Act – certain operations of agencies
Section 47E(d) of the FOI Act provides that a document is conditionally exempt if its
disclosure would, or could reasonably be expected to, have a substantial adverse effect on
the proper and efficient conduct of the operations of an agency.
The document comprises an enquiry from a member of the public seeking assistance with
online safety matters.
I consider that the release of the enquiry insofar as it discloses the personal information of
the enquirer (including their name, contact information, and employment details) would, or
could reasonably be expected to, have a substantial adverse effect on the proper and
efficient conduct of the operations of eSafety. Disclosure could reasonably affect the
willingness of individuals to make enquiries with and provide information to eSafety,
prejudicing eSafety’s ability to investigate online safety matters and perform its statutory
functions such as promoting online safety for Australians and disseminating information
relating to online safety for Australians. This is particularly the case when enquirers would
not otherwise have expected their personal identifying information to be released, noting this
does not occur in eSafety’s ordinary handling of general enquiries.
Accordingly, I consider that parts of the document are conditionally exempt under section
47E(d) of the FOI Act.
Section 47F of the FOI Act – personal privacy
Section 47F of the FOI Act provides that a document is conditionally exempt if its disclosure
would involve the unreasonable disclosure of personal information of any person.
‘Personal information’ means information or an opinion about an identified individual, or an
individual who is reasonably identifiable (see section 4 of the FOI Act and section 6 of the
Privacy Act 1988 (Cth)).
Whether a disclosure is “unreasonable” requires a consideration of all the circumstances,
including the nature of the information that would be disclosed, the circumstances in which
the information was obtained, the likelihood of the information being information that the
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eSafety.gov.au
link to page 3
person concerned would not wish to have disclosed without consent, and whether the
information has any current relevance.
1
eSafety must also have regard to the following matters (per section 47F(2) of the FOI Act):
• the extent to which the information is well known
• 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
• the availability of the information from publicly accessible sources
• any other matters that the agency or minister considers relevant.
As discussed above regarding section 47E(d) of the FOI Act, the document contains the
personal information of an enquirer to eSafety. This personal information includes the
enquirer’s name, contact details and employment details.
I consider that disclosure of this information would be unreasonable because this information
is not well known, the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document, and the information was provided in
confidence to eSafety for the purposes of seeking assistance from with respect to online safety
matters. As discussed above regarding section 47E(d), this is not information that enquirers
would expect to be disclosed to a third party under the FOI Act. Noting that the FOI Act does
not control or restrict any subsequent use or dissemination of information released under the
FOI Act, I consider that disclosure of this information could expose this individual to unwanted
contact and scrutiny. Further, eSafety has received a submission objecting to the disclosure of
this information.
Accordingly, I consider that parts of the document are conditionally exempt from disclosure
under section 47F of the FOI Act.
Public interest considerations – section 47E(d) and 47F
Under section 11A of the FOI Act, access to a document covered by a conditional exemption
must be given unless access to the document would, on balance, be contrary to the public
interest.
Section 11B(3) of the FOI Act sets out matters favouring access that must be taken into
account in considering whether release is in the public interest.
For the material identified above as conditionally exempt, I consider that disclosure would
generally promote the objectives of the FOI Act.
Against release, for the material identified as conditionally exempt from disclosure under
section 47E(d) of the FOI Act, I consider that there is strong public interest in preserving the
1
Re Chandra and Minister for Immigration and Ethnic Affairs [1984] AATA 437.
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eSafety.gov.au
confidentiality of personal information from enquiries made to eSafety about online safety
matters. As noted above, disclosure of this material could reasonably affect the willingness
of individuals to make enquiries or provide information to eSafety. This would, in turn, render
eSafety’s processes less effective at achieving the objects of the
Online Safety Act 2021 (Cth)
which are to improve and promote online safety for Australians.
Against release, for the material identified as conditionally exempt under section 47F of the
FOI Act, I consider that there is a strong public interest in maintaining the personal privacy of
individuals who make enquiries to eSafety, as failing to do so is likely to impact negatively on
those individuals.
Therefore, on balance, I consider there are overriding public interest factors against
disclosure of the documents I have identified as conditionally exempt. I have therefore
decided these documents are exempt from disclosure in full under sections 47E(d) and
section 47F of the FOI Act.
I have not taken into account any of the ‘irrelevant factors’ set out in section 11B(4) of the
FOI Act.
Yours faithfully
Manager, Legal – Business Services
Attachments
1.
Schedule of documents
2.
Rights of review
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eSafety.gov.au
ATTACHMENT 1: SCHEDULE OF DOCUMENTS
Number
Date
Description
Decision on access
Exemptions or deletions
1
27 June 2024
General eSafety enquiry
Release in part
s 47E(d), s 47F
eSafety.gov.au
Document Outline
