14 October 2025
Ben Fairless
eSafety ref: FOI 25191
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) for access to documents under
the
Freedom of Information Act 1982 (FOI Act).
On 11 September 2025, you sought access to:
“documents held by eSafety that relate to the ability, or inability, of the agency to process a
large number of Freedom of Information requests.
This is also a request for documents that contain suggestions, ideas, or briefs discussing
potential changes to the Freedom of Information Act.”
(request).
Decision
I am authorised under section 23(1) of the FOI Act to make decisions under that Act.
I have identified eight documents that fall within the scope of your request. I have decided
to:
- grant access to seven documents in part pursuant to sections 47E(c) and 47F of the
FOI Act
- grant access to one document in full.
Pursuant to section 22 of the FOI Act, I have also redacted information that is irrelevant to
the scope of your request. Consistently with our acknowledgement and your response of
26 September 2025, I have not treated the names and other personal information of public
servants as irrelevant to your request.
Upon closer inspection of the documents, I also confirm that there do not appear to have
been any drafts of documents in scope, contrary to our email of 13 October 2025.
Email: xxx@xxxxxxx.xxx.xx
eSafety.gov.au
Lastly, I note reference in document 8 to staff messages in Microsoft Teams being ‘Edited’. I
am advised that any editing was contemporaneous and minor, to account for errors and
similar.
Material taken into account
In making my decision, I have considered the following:
• your request dated 11 September 2025 and subsequent correspondence
• information provided by relevant line areas
• the relevant provisions of the FOI Act including sections 22, 47E(c), 47E(d) and 47F
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act.
Reasons for decision
The attached schedule of documents provides a description of each document and my
decision on access for each one. The reasons for my decisions are outlined below.
Section 47E(c) of the FOI Act – management of personnel
Section 47E(c) 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
management or assessment of personnel by the Commonwealth or by an agency.
The FOI
Guidelines at paragraph [6.103] state the following in respect of section 47E(c):
For this exemption to apply, the documents must relate to either:
•
the management of personnel – including the broader human resources policies
and activities, recruitment, promotion, compensation, discipline, harassment and
occupational health and safety
•
the assessment of personnel – including the broader performance management
policies and activities concerning competency, in-house training requirements,
appraisals and underperformance, counselling, feedback, assessment for bonus or
eligibility for progression (footnotes omitted)
.
Further, at paragraphs [6.15] and [6.16] the FOI Guidelines provide the following in relation to the
test ‘would or could reasonably be expected to’:
6.15 The use of the word ‘could’ is less stringent than ‘would’ and requires analysis of the
reasonable expectation rather than the certainty of an event, effect or damage occurring.
It may be a reasonable expectation that an effect has occurred, is presently occurring, or
could occur in the future.
link to page 3 link to page 3
6.16 The mere risk, allegation, possibility, or chance of prejudice does not qualify as a
reasonable expectation. There must be, based on reasonable grounds, at least a real,
significant or material possibility of prejudice.
All documents within scope of your request contain the names or other personal information
of eSafety personnel.
As outlined in the FOI Guidelines
1, the ‘management of personnel’ includes work health and
safety. In some circumstances, it may be appropriate to address concerns about the work
health and safety impacts of disclosing public servants’ personal information (such as names
and contact details) under section 47E(c) of the FOI Act.
2
I have considered the following the circumstances in making my decision:
• the relationship between the individual public servants and the exercise of powers and
functions discharged by eSafety
• the circumstances of the individual public servants
• whether the relevant personal information is already publicly available
• whether the FOI applicant/FOI applicants who have made similar requests have a history
of online abuse, trolling or insults.
I consider that public disclosure of the names of eSafety personnel may pose a work health
and safety risk for the following reasons:
• eSafety is Australia’s independent regulator for online safety. eSafety fosters online
safety by exercising powers under Australian legislation, primarily the
Online Safety Act
2021 (Cth), to protect Australians from serious online harms. The role and utility of
eSafety has been questioned by members of the community, leading to online abuse of
the office, the eSafety Commissioner and eSafety personnel.
• As the FOI Act does not control or restrict any subsequent use or dissemination of
information released under the FOI Act, there is a likelihood that the individuals’
personal information may be publicly disseminated, causing those staff members undue
stress and anxiety.
I am therefore satisfied that disclosure of the staff names would, or could reasonably be
expected to, have a substantial adverse effect on the management of eSafety personnel.
1 At [6.103].
2
Paul Farrell and Department of Home Affairs (Freedom of Information) [2023] AICmr 37; FOI Guidelines at [6.109].
Accordingly, I consider that parts of all in-scope documents containing staff names and
personal information are conditionally exempt from disclosure under s 47E(c) of the FOI Act.
As section 47E is a conditional exemption, I am required to apply the public interest test
outlined in section 11A of the FOI Act. The public interest test, in respect of all conditionally
exempt material, is discussed below.
Section 47E(d) of the FOI Act – proper and efficient conduct of operations Section 47E(d) 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.
Document 8 includes sensitive information about eSafety’s IT security measures. I consider
that the release of this information would, or could reasonably be expected to, have a
substantial adverse effect on the proper and efficient conduct of eSafety by providing third
parties with information that could be used to target eSafety IT systems, with a view to
engaging security mechanisms and disrupting service for eSafety’s business systems
including email.
I therefore consider that parts of document 8 are conditionally exempt from release under
section 47E(d).
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
person concerned would not wish to have disclosed without consent, and whether the
information has any current relevance.
eSafety must also have regard to the following matters (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.
All in-scope documents contain the personal information of eSafety employees, including
their name and/or contact details. I am satisfied that disclosure of the eSafety employees’
personal information would be unreasonable in the circumstances for the same reasons
provided above under section 47E(c) of the FOI Act.
I therefore consider that parts of all in-scope documents are conditionally exempt from
release under section 47F of the FOI Act.
Public interest considerations – sections 47E(c), 47E(d) and 47F
Under s 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 all the material identified above as conditionally exempt, I consider that disclosure would
generally promote the objectives of the FOI Act and may enhance the scrutiny of government
decision making.
Against release, I consider that there is a public interest in maintaining the personal privacy
of individuals who interact with eSafety, as failing to do so is likely to impact negatively on
those individuals.
I also consider that there are further public interest factors against disclosure that apply, in
that releasing the information could reasonably be expected to disrupt or detract from work
undertaken by teams at eSafety through unnecessary, unsolicited and/or abusive contact.
Lastly, I consider that there is public interest in maintaining confidentiality around eSafety’s
IT security measures to ensure that eSafety can continue to perform its statutory functions
in accordance with the
Online Safety Act without interference to its IT systems.
Should the relevant material be disclosed, there is a possibility that disclosure would render
eSafety’s processes less effective at achieving the objects of the
Online Safety Act, which
include promoting and improving online safety for Australians.
On balance, I consider there are overriding public interest factors weighing against disclosure
of parts of the document as shown in the schedule. I have therefore decided this material is
exempt under sections 47E(c), 47E(d) and/or 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 sincerely
Manager, Legal – Business Operations Attachments
1. Schedule of documents
2. Rights of review
ATTACHMENT 1: SCHEDULE OF DOCUMENTS
Number
Date
Description
Decision on access
Exemptions or deletions
1
Undated
Senate estimates brief on funded initiatives
Exempt in part,
(for hearings February 2025)
irrelevant parts redacted
s 22, s 47E(c), s 47F
2
Undated
Senate estimates brief on funded initiatives
Exempt in part,
(for hearings March-April 2025)
irrelevant parts redacted
s 22, s 47E(c), s 47F
3
Undated
Senate estimates brief on FOI requests
Exempt in part,
(for hearings February 2025)
irrelevant parts redacted
s 22, s 47E(c), s 47F
4
Undated
Senate estimates brief on FOI requests
Exempt in part,
(for hearings March-April 2025)
irrelevant parts redacted
s 22, s 47E(c), s 47F
5
Undated
Senate estimates brief on funded initiatives
Release in full,
irrelevant parts redacted
s 22
6
Undated
Senate estimates brief on FOI requests
Exempt in part,
(for hearings November 2024)
irrelevant parts redacted
s 22, s 47E(c), s 47F
7
10 February 2025
Internal eSafety email regarding FOI request
Exempt in part,
numbers
irrelevant parts redacted
s 22, s 47E(c), s 47F
8
8-11 February 2025
Internal chat log regarding FOI request
Exempt in part,
s 22, s 47E(c), s 47E(d),
numbers (created under s 17, FOI Act)
irrelevant parts redacted
s 47F
eSafety.gov.au
Document Outline
