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DEFENCE FOI 436/25/26
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by Jedstar (the applicant), dated and received on
18 September 2025 by the Department of Defence (Defence), for access to the
following documents under the
Freedom of Information Act 1982 (Cth) (FOI Act):
“…documents held by Defence that set out the names, ranks, and official
appointments of all personnel currently serving within the Office of the Chief of the
Defence Force (CDF). This may include, but is not limited to, organisational charts,
staffing lists, or briefing papers that identify the personnel assigned to that office and
their positions/roles.”
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).
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.
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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 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 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:
…
(c) have a substantial adverse effect on the management or
assessment of personnel by the Commonwealth or by an agency.
(d) have a substantial adverse effect on the proper and efficient conduct of
the operations of the agency.
10.
In relation to section 47E(c) of the FOI Act, the Guidelines provide at paragraph
6.102, that:
Where the document relates to the agency’s policies and practices relating to the
assessment and management of personnel, the decision maker must address both
elements of the conditional exemption in s 47E(c), namely, that:
•
an effect would reasonably be expected following disclosure
•
the expected effect would be both substantial and adverse.
11.
The document contains the names, ranks and positions of Defence personnel that are
not publicly available. I am of the view that disclosure of this material could
reasonably be expected to have an adverse effect on the health and wellbeing of these
individuals.
12.
I am satisfied there is a reasonable expectation that the details of Defence personnel
could be used inappropriately, in a manner which adversely affects the health,
wellbeing and work of Defence personnel. Disclosure of names, ranks and positions,
could, therefore, reasonably be expected to substantially adversely impact the staff
management function of Defence in maintaining workplace health and safety
standards.
13.
Further, releasing details about individuals could adversely affect Defence’s ability to
conduct future activities if employees felt Defence lacked integrity with respect to
protecting the confidentiality of their records; thus affecting the proper and efficient
conduct of the operations of Defence. Consequently, this would result in a substantial
adverse effect on the broader management of personnel.
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14.
In relation to section 47E(d) of the FOI Act, the Guidelines provide at paragraph 6.115
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.
15.
I note the role of Defence as a national security agency. I consider that disclosure of
the any material pertaining to the structure of personnel within 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.
16.
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 information, I am satisfied that release could reasonably be expected to
lead to a change in Defence’s processes that would not lead to any efficiencies.
17.
Accordingly, I am satisfied that the document is conditionally exempt under sections
47E(c) and 47E(d) of the FOI Act.
Public interest considerations - section 47E
18.
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.
19.
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.
20.
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).
21.
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 protection of an individual’s right to privacy;
• the interests of an individual or a group of individuals;
• the management function of an agency; and
• the personnel management function of an agency.
22.
It is in the public interest that Defence efficiently and productively operates with
regard for the health and wellbeing of its personnel. As I have established above, the
release of the names, ranks and positions of Defence personnel can reasonably be
expected to prejudice the management and personnel management functions of
Defence. The names, ranks and positions should, therefore, not be disclosed, as the
public interest against their disclosure outweighs the public interest in their release.
23.
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.
24.
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.
25.
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
information is exempt under sections 47E and 47F of the FOI Act.
Chris Owens
Assistant Secretary Media and Information Disclosure
Governance Group
Department of Defence
Date: 20 October 2025
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