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DEFENCE FOI 419/25/26
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by Jedstar (the applicant), dated and received on
16 September 2025 by the Department of Defence (Defence), for access to the
following documents under the
Freedom of Information Act 1982 (Cth) (FOI Act):
“…any documents (including organisational charts, reporting structures, or briefing
papers) held by Defence that set out:
1. The current organisational structure of Forces Command, including subordinate
units/formations;
2. The current organisational structure of the Land Combat College, including
subordinate units/formations; and
3. Documents showing how both Forces Command and Land Combat College report
under the Chief of Army within the Army/Defence command structure.”
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 on the grounds that it 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).
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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.
8.
I have decided to refuse access to the identified document as it would be meaningless
and of little or no value once the exempt material is removed.
Section 47E – 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 the public release of the Army organisational chart—should the
structure of Defence be made publicly available—would likely have a substantial
adverse effect on the proper and efficient operation of existing public communication
channels.
12.
The intended audience for this document is Defence personnel. While the FOI Act
does not restrict the use or further dissemination of released documents, I have
considered the implications of this information being made available to a broader
audience. In particular, publication could compromise the integrity and effectiveness
of Defence’s internal communication and coordination mechanisms.
13.
I also note the role of Defence as a national security agency. I consider that disclosure
of the structure of our organisation at a granular level may feed into broader available
information that could comprise or otherwise negatively impact our security and
operational readiness. The document was prepared for internal use within strictly
controlled security settings. Disclosure to the ‘world at large’ through release under
the FOI Act would or could reasonably be expected to have a substantial adverse
impact on Defence operations.
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14.
Disclosure of the organisational structure at this level of detail may diminish Army’s
ability to collect and manage information with the same level of quality and
responsiveness currently achieved in day-to-day operations. This would, in turn,
impair the proper and efficient conduct of Defence operations.
15.
The Guidelines provide, at paragraph 6.112, that I should consider whether disclosure
of the information ‘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.
16.
Accordingly, I am satisfied that the document is conditionally exempt under section
47E(d) of the FOI Act.
Public interest considerations – section 47E
17.
Section 11A(5) of the FOI Act states:
The agency or Minister must give the person access to the document if it is
conditionally exempt at a particular time unless (in the circumstances)
access to the document at that time would, on balance, be contrary to the
public interest.
18.
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;
(c) promote effective oversight of public expenditure;
(d) allow a person to access his or her own personal information.
19.
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).
20.
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:
x the management function of an agency; and
x the personnel management function of an agency.
21.
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.
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22.
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.
23.
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
Joanne GROVES GROVES
Date: 2025.10.14 15:46:12
+11'00'
Mrs Joanne Groves
Accredited Decision Maker
Army Headquarters
Department of Defence
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