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DEFENCE FOI 661/25/26
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by James Smith (the applicant), dated and received on
25 October 2025 by the Department of Defence (Defence), for access to the following
documents under the
Freedom of Information Act 1982 (Cth) (FOI Act):
…copies of the presentation materials used at the Defence Ethics Conference on or
around 22, 23 or 24 October 2025.
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 (1) document as falling within the scope of the request.
Exclusions
4.
Defence has only considered final versions of documents and duplicates have been
excluded from this request.
Decision
5.
I have decided to partially release 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
6.
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;
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 the subject matter experts within Australian Defence College.
REASONS FOR DECISION
Section 22 – Access to edited copies with exempt or irrelevant matter deleted
7.
Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of
a document where the agency has decided to refuse access to an exempt document or
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that to give access to a document would disclose information that would reasonably be
regarded as irrelevant to the request for access.
8.
I am satisfied that it is reasonably practicable to remove the exempt material and
release the document to you in an edited form.
Section 47E – Public interest conditional exemptions – certain operations of agencies
9.
Section 47E(c) 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
10.
The Guidelines provide, at paragraph 6.102, that:
W
here the document relates to the agency’s policies and practices in relation to
the assessment and management of personnel, the decision maker must address
both elements of the conditional exemption in s 47E(c), namely, that:
x
an effect would reasonably be expected following disclosure
x
the expected effect would be both substantial and adverse.
11.
The document contains the photographic image of Australian Defence Force (ADF)
member, and disclosure could reasonably be expected to have an adverse effect on the
health and wellbeing of that individual.
12.
There is a reasonable likelihood that aggrieved individuals could harass staff or use
the images inappropriately in the public domain. The FOI Act places no limitations on
the use of information disclosed under the Act, and I am satisfied that that there is a
reasonable expectation that this would cause distress to the staff members by
adversely affecting their physical and mental wellbeing.
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 ADF personnel.
14.
Accordingly, I am satisfied that the material is conditionally exempt under section
47E(c) of the FOI Act.
Public interest considerations - section 47E
15.
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.
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16.
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.
17.
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).
18.
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 could adversely impact the health and wellbeing of its personnel, through
exposure of their personal information and therefore prejudicing the protection
of an individual’s right to privacy;
x could reasonably be expected to prejudice the management and personnel
management function of an agency; and
x the fact that the FOI Act does not control or restrict any subsequent use or
dissemination of information released under the FOI Act.
19.
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 photographs of Defence personnel can reasonably be expected to
prejudice the management and personnel management functions of Defence. This
material should, therefore, not be disclosed, as the public interest against their
disclosure outweighs the public interest in their release.
20.
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.
21.
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 section 47E of the FOI Act.
david.gwyther Digitally signed by david.gwyther
Date: 2025.11.23 14:56:02 +10'00'
Commodore David Gwyther - RAN
Accredited Decision Maker
Defence People Group
Department of Defence
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