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DEFENCE FOI 520/25/26
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by Jedstar (the applicant), dated and received 2 October 2025 by
the Department of Defence (Defence), for access to the following documents under the
Freedom of Information Act 1982 (Cth) (FOI Act):
…documents which set out, explain, or depict the organisational structure and
reporting arrangements of the following Australian Defence Force (ADF) units and
organisations:
1. 1st Military Police Battalion (1 MP Bn) – including its internal command structure,
sub-units, and higher formation(s) or command(s) to which it reports.
2. Joint Military Police Unit (JMPU) – including its organisational layout, specialist
elements, and the higher headquarters or ADF-level authority under which it
operates.
3. Royal Australian Air Force Security Forces (RAAF SECFOR) – including Security
Forces Squadrons, their organisational layout, and the higher Air Force command
structure to which they report.
For clarity, I am seeking formal documents such as:
Organisational charts, ORBATs, or diagrams showing sub-units and reporting lines;
Official directives, instructions, or briefings describing both the internal structure of
these units and the higher headquarters / commands they are subordinate to.
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 seven (7) documents as falling within the scope of the request.
Decision
4.
I have decided to refuse access to the documents on the grounds that they are
considered exempt under sections 33 [documents affecting national security, defence
or international relations] and 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;
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b. the content of the identified documents in issue;
c. relevant provisions of the FOI Act;
d. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
e. advice from relevant Groups and Services within Defence
.
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 3.172 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 documents in full as they would be meaningless
and of little or no value once the exempt material is removed.
Section 33 – Documents affecting national security, defence or international relations
9.
Section 33(a)(i) of the FOI Act states:
A document is an exempt document if disclosure of the document under this Act:
(a) would, or could reasonably be expected to, cause damage to:
(i) the security of the Commonwealth
10.
I have had regard for those provisions in the Guidelines particularly relevant to section
33(a) of the FOI Act, and am satisfied that my decision complies with the criteria for:
a. the term
‘would, or could reasonably be expected to’, which requires analysis
of the reasonable expectation of an event, effect or damage occurring
(paragraph 5.17);
b. the test to assess the likelihood of damage occurring after disclosure of a
document (paragraph 5.16);
c. the three aspects of the meaning of
‘damage’ (paragraph 5.32);
d. the meaning of the term
‘security of the Commonwealth’ (paragraph 5.30); and
e. considerations related to the mosaic theory (paragraph 5.43).
11.
The documents present the organisational structure of Defence in a format and with a
level of detail that would, or could reasonably be expected to damage the national
security of the Commonwealth if disclosed.
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12.
Defence’s primary role is to secure and defend Australia and its national interests,
promote security and stability, and support the Australian community as directed by
the Government. Defence is also unique in its operating structure, with the Secretary
of Defence, and Chief of the Defence Force jointly managing Defence as a diarchy to
meet Australian Government requirements.
13.
Senior officials across the Defence enterprise are responsible for leading the delivery
of Government military policy and partnerships focused on securing Australia’s
position in the world order, and promoting regional and global security and stability. I
consider that disclosure of the documents could reasonably be expected to damage the
security and protection that is owed to those senior officials, who may become the
target of malicious actors making efforts to infiltrate or sabotage Defence operations.
14.
I have also taken into account the intelligence technique known as the ‘mosaic theory’.
This theory holds that individual pieces of information, when combined with
information already in the public domain, can generate a composite ‘mosaic’. Having
particular regard to the context of the documents and the nature of the information
within, this consideration adds weight to the assessment that disclosure could
reasonably be expected to cause damage to the security of the Commonwealth.
15.
Accordingly, I am satisfied that the documents are exempt under section 33 of the FOI
Act.
Section 47E – Public interest conditional exemptions – certain operations of agencies
16.
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.
17.
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.
18.
The documents contain the names, ranks and positions of Defence personnel that are
not otherwise publicly available. I am satisfied there is a reasonable expectation that
these details could be used inappropriately, in a manner which adversely affects the
health, wellbeing and work of Defence personnel. Disclosure of names, ranks and
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positions, could, therefore, reasonably be expected to substantially adversely impact
the staff management function of Defence in maintaining workplace health and safety
standards.
19.
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.
20.
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.
21.
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 documents
were prepared for internal use within strictly controlled security settings, and convey
key roles of officials in a format that is not well-known or otherwise publicly
available. 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.
22.
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.
23.
Accordingly, I am satisfied that the documents are conditionally exempt under
sections 47E(c) and 47E(d) of the FOI Act.
Public interest considerations - section 47E
24.
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.
25.
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:
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(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.
26.
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).
27.
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:
•
could reasonably be expected to prejudice the security of the Commonwealth;
•
could reasonably be expected to prejudice the efficient conduct of Defence’s
operations;
•
could reasonably be expected to adversely impact and prejudice the
management and assessment of Defence personnel; and
•
that the FOI Act does not control or restrict any subsequent use or
dissemination of information released under the FOI Act.
28.
In favour of disclosure, I acknowledge that it is the public interest that Defence
efficiently and productively operates, and undertakes it functions in a transparent and
proper manner. I consider there to be public interest in ensuring that senior officials in
Defence are accountable in their conduct and decision making to the public and
government.
29.
In favour of non-disclosure, I consider that senior officials in Defence must be able to
effectively and efficiently undertake, and execute, their roles and responsibilities to
the fullest extent without risk to the sensitive operating environment, or to the
implementation of government priorities, that strengthen Australia’s interests and
national security. It is in the public interest that Defence efficiently and productively
operates particularly with regard to its mission and policy objectives.
30.
I have also considered that disclosure of the material has the potential to be used
inappropriately to bypass well established, existing communication channels. Staff
who are contacted directly could be subject to excessive and abusive communications,
which may give rise to work health and safety concerns. Further, I am satisfied that
making the information publicly available it would be disruptive and could reasonably
be expected to prejudice the efficient operations of Defence.
31.
I have considered the accessibility of publicly available information about the
organisational structure of Defence as a factor in support of non-disclosure of the
documents at issue, which is presented in a format and which conveys a level of detail
unsuitable for disclosure. I have placed weight on the availability and accessibility of
information about the organisational structure of Defence that is responsive to the
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scope and terms of the request. For your ease of access, I have included links to the
publicly available information below.
32.
Based on the above particulars, I am satisfied that the public interest factors against
disclosure outweigh the factors for disclosure, and that, on balance, it is against the
public interest to release the material.
33.
Accordingly, I find that the documents are exempt under section 33 of the FOI Act
and conditionally exempt under section 47E of the FOI Act.
Additional Information
34.
Consistent with requirements under the Information Publication Scheme, information
regarding the organisational structure of Defence, as well as the names of key senior
officials is publicly available online at the Defence website:
www.defence.gov.au/about/who-we-are/organisation-structure.
35.
Further, details of Defence senior officials are publicly available online at the
Australian Government Directory: www.directory.gov.au.
Executive Level 1 Officer Freedom of Information Directorate
Governance Group
Department of Defence
21 November 2025
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