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DEFENCE FOI 408/25/26
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by Jedstar (the applicant), dated and received on
14 September 2025 by the Department of Defence (Defence), for access to the
following documents under the
Freedom of Information Act 1982 (Cth) (FOI Act):
“…the Army Standing Instructions - Personnel (ASI-P), Part 12, Chapter 6.”
FOI decision maker
2.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
3.
I have identified one document as falling within the scope of the request.
Decision
4.
I have decided to refuse access to the document in accordance with section 22 [access
to edited copies with exempt or irrelevant matter deleted] of the FOI Act on the
grounds that the deleted material is considered exempt under section 47E [Public
interest conditional exemptions – certain operations of agencies] of the FOI Act.
Material taken into account
5.
In making my decision, I have had regard to:
a. the terms of the request;
b. the content of the identified document in issue;
c. relevant provisions of the FOI Act; and
d. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines).
REASONS FOR DECISION
Section 22 – Access to edited copies with exempt or irrelevant matter deleted
6.
Where a decision maker denies access to a document, section 22(1) of the FOI Act
requires that they consider releasing the document with exempt matter deleted, if
possible.
7.
Paragraph 3.98 of the Guidelines provides that:
…an agency or minister should take a common sense approach in considering
whether the number of deletions would be so many that the remaining document
would be of little or no value to the applicant.
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8.
In the case of document identified as being refused in full, I have decided to refuse
access to the document as it would be meaningless and of little or no value once the
exempt material is removed.
Section 47E(d) – Public interest conditional exemptions – certain operations of agencies
9.
Section 47E(d) of the FOI Act states:
A document is conditionally exempt if its disclosure under this Act would, or
could reasonably be expected to, do any of the following:
(d) have a substantial adverse effect on the proper and efficient conduct
of the operations of the agency.
10.
The Guidelines, at paragraph 6.115, provide that:
The predicted effect must bear on the agency’s ‘proper and efficient’
operations, that is, the agency is undertaking its operations in an expected
manner.
11.
I am satisfied that were the detailed information of honorary appointments be made
publicly available, it would have substantial adverse effects on the proper and efficient
operation of Defence. The document contains the methods and procedures for the
appointment of Corps honorary appointments. Defence personnel are the intended
audience for this document. The FOI Act does not limit the use of released documents
and have considered that the document being published to a larger audience could
therefore impact the proper and efficient conduct of the operations of Defence.
12.
The Guidelines provide, at paragraph 6.112, that I should consider whether disclosure
of the document ‘
would, or could reasonably be expected to lead to a change in the
agency’s processes that would enable those processes to be more efficient.’ Given
the
nature of the document, I am satisfied that release of the information could reasonably
be expected to lead to a change in Defence’s processes that would not lead to any
efficiencies.
13.
When a document is conditionally exempt it is to be released unless it would be
contrary to the public interest test to release. I have considered the factors favouring
disclosure as set out in section 11B(3) [factors favouring access] of the FOI Act. The
relevant factors being whether access to the document would:
(a) promote the objects of this Act (including all the matters set out in
sections 3 and 3A);
(b) inform debate on a matter of public importance;
14.
In my view, disclosure of this information would not increase public participation in
the Defence process (section 3(2)(a) of the FOI Act), nor would it increase scrutiny or
discussion of Defence activities (section 3(2)(b) of the FOI Act).
15.
Paragraph 6.233 of the Guidelines specifies a non-exhaustive list of public interest
factors against disclosure. The factors I find particularly relevant to this request are
that release of this information could reasonably be expected to prejudice:
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• the interests of an individual or a group of individuals;
• the management function of an agency; and
• the personnel management function of an agency.
16.
While I accept there is a public interest in ensuring that Defence undertakes its
functions in a transparent and proper manner, there is also a strong public interest in
maintaining the confidentiality of the material contained in the document.
17.
I have not taken any of the factors listed in section 11B(4) [irrelevant factors] of the
FOI Act into account when making this decision.
18.
I am satisfied, based on the above particulars, the public interest factors against
disclosure outweigh the factors for disclosure, and that, on balance, it is against the
public interest to release the information to you. Accordingly, I find that the document
is exempt under section 47E(d) of the FOI Act.
Digitally signed by
joanne.groves
joanne.groves Date: 2025.11.11 14:36:07
+11'00'
Mrs Joanne Groves
Accredited Decision Maker
Army Headquarters
Department of Defence
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