OFFICIAL
DEFENCE FOI 557/25/26
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by Tyler (the applicant), dated and received on 10 October 2025
by the Department of Defence (Defence), for access to the following documents under
the Freedom of Information Act 1982 (Cth) (FOI Act):
of Defence and the Papua New Guinea Defence Force Concerning the Provision
of Mutual Logistic Support" which came into effect on 22 April 2015.
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 four (4) 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 section 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;
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);
e.
advice from Defence International Agreements and Arrangements; and
f.
advice received from consultation with relevant personnel within the
Department of Defence; specifically the Strategy, Policy and Industry Group,
and Joint Capabilities Group..
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.
OFFICIAL
OFFICIAL
4
reasonable expectation that the information could be used inappropriately, in a manner
which adversely affects the health, wellbeing and work of Defence personnel.
Disclosure of direct contact details could, therefore, reasonably be expected to
prejudice the operations of Defence.
20.
In addition, it is my view that release of these documents would be an inappropriate
disclosure of logistical and supply chain processes and details. In assessing whether
disclosure of this information could be expected to adversely affect the operations of
Defence, I consider that keeping details of bilateral arrangements confidential is
essential to prevent potential exploitation by third parties to the detriment of
Austral
would prejudice Defence operations by undermining its ability to undertake robust
bilateral discussion, which is essential when informing effective decision making
related to diplomatic engagement.
21.
The Guidelines provide, at paragraph 6.112, that I should consider whether disclosure
of the documents would, or could reasonably be expected to lead to a change in the
ore efficient
the
nature of the documents, I am satisfied that release could reasonably be expected to
22.
Accordingly, I am satisfied that the information is conditionally exempt under section
47E(d) of the FOI Act.
Public interest considerations - section 47E
23.
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.
24.
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.
25.
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).
26.
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:
OFFICIAL
