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In reply, please quote:
19 November 2025
FOI30/188
Max Power
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Max Power,
Re: Freedom of Information Request – decision on request
1. I refer to your email to the Bureau of Meteorology dated 5 November 2025, requesting
access under the
Freedom of Information Act 1982 (Cth) ('FOI Act'). You wrote:
I’m looking for documents related to the reason why https cannot be enabled on bom.gov.au.
Timeframe: before 31 July 2024
Your request and processing timeframe
2. The Bureau received your request 5 November 2025 and acknowledged receipt of your
request on 13 November 2025.
3. As noted in the Bureau's email on 3 January 2025, s 15(5)(b) of the FOI Act provides the
Bureau 30 calendar days to deal with an access request. This means the decision on your
request is due by 5 December 2025.
4. This is a decision on your request and reasons for it follow below.
My decision
5. I am authorised to make a decision in relation to your request pursuant to s 23 of the FOI
Act.
6. Having considered the terms of your request, I consider that the circumstances satisfy the
requirements of section 25 of the FOI Act. Accordingly, I am notifying you pursuant to
subsection 25(2) that I neither confirm nor deny the existence of any documents of the
type described by your request.
7. Section 25 provides that an agency may refuse access without confirming or denying the
existence of a document in circumstances where information as to the existence or
non‑existence of that document, if it existed, would be exempt under sections 33, 37(1),
or 45A. (Se
e Attachment A.)
8. Having regard to all relevant circumstances, I consider it appropriate for me to neither
confirm nor deny the existence of any documents potentially within scope of your request.
To do so would compromise the appropriate level of security necessary for maintenance
of the Bureau's computing systems (including the Bureau's website).
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9. One bears in mind that the Bureau supports various government authorities
(Commonwealth and State) and organisations through its meteorological expertise and
services. This includes providing meteorological and environmental information that
support government agencies in relation matters connected to Australia's national security.
Such expertise and services align with the Bureau's functions as set out in section 6 of the
Meteorology Act 1955 (Cth)
, where subsection 6(2) provides:
The Bureau must perform its functions under this Act in the public interest generally and in
particular:
(a) for the purposes of the Defence Force; and
(b) for the purposes of navigation and shipping and of civil aviation; and
(c) for the purpose of assisting persons and authorities engaged in primary production,
industry, trade and commerce.
10. In my view, in the circumstances of your request, confirming or denying the existence of a
document or information within a document would give rise to unreasonable risks by
creating potential vectors or avenues for attack.
11. I have considered the circumstances where the identification of any information relating to
the Bureau's website protocol or matters connected with or underpinning its structure
would enable malicious actors to more easily access the Bureau's systems (including
website pages) and thereby cause harm.
12. I consider that any documents potentially falling within scope of your request, if they
existed, would be exempt from release under s 33 of the FOI Act. Section 33 provides that
a document is exempt if its disclosure would, or could reasonably be expected to, cause
damage to the security or defence of the Commonwealth. (Please s
ee Attachment B for
a copy of s 33 of the FOI Act.)
13. Having regard to the above, and all relevant matters in the circumstances, I have decided
to neither confirm nor deny the existence of any documents of the type described by your
request.
Materials considered in making my decision
14. In making my decision I have had regard to:
a. your request;
b. the FOI Act;
c. the FOI Guidelines; and
d. any other relevant matters in the circumstances.
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Further information:
15. Information about your review rights are set out below.
16. The Bureau aims to provide accessible documents. If you need this document in a
different format, or if you have any questions, please contact
xxx@xxx.xxx.xx.
Yours sincerely
(Approved electronically)
Michael Webb
General Manager
Service & Infrastructure Management
Review rights
17. You may seek a review of this decision by way of the review rights available to you.
18. Under section 54 of the FOI Act, you may apply for an internal review of this decision. An
internal review application must be made by whichever date is the later between:
a. 30 days of you receiving this notice; or
b. 15 days of you receiving the documents to which you have been granted access.
19. An internal review will be conducted by a different authorised decision-maker. No
particular form is required to apply for review although it will assist your case to set out
the grounds on which you believe that the original decision should be overturned.
20. An application for an internal review can be made by either:
a.
Email: xxx@xxx.xxx.xx b.
Post, addressing it to:
Freedom of Information Officer
Bureau of Meteorology
GPO Box 1289 Melbourne 3001
21. If you seek an internal review, please note
the Bureau's internal reference number
provided at the start of this decision notice.
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22. If you seek an internal review, you will subsequently have a right to apply to the
Australian Information Commissioner ('AIC') for a review of the internal review decision.
External review by the Australian Information Commissioner:
23. Alternatively, under section 54L of the FOI Act, you may seek review of this decision by
the AIC without first undertaking an internal review. Your application must be made
within 60 days of you receiving this notice.
24. The Australian Information Commissioner is an independent office holder who may
review decisions of agencies under the FOI Act. More information is available on website
of the Office of the Australian Information Commissioner:
www.oaic.gov.au.
25. You can contact the Office of the Australian Information Commissioner to request a
review by one of the following ways:
a.
Via OAIC's online form:
https://webform.oaic.gov.au/prod?entitytype=ICReview&layoutcode=ICReviewW
F.
b.
Email: xxxxx@xxxx.xxx.xx
c.
Post, addressing it to:
Director of FOI Dispute Resolution
GPO Box 5288, Sydney NSW 2001
FOI complaints:
26. If you are unhappy with the way we have handled your FOI request, please let us know
what we could have done better. We may be able to rectify the problem. If you are not
satisfied with our response, you can complain to the AIC. A complaint must be made in
writing and can be lodged in one of the following ways:
27. You can contact the OAIC by one of the following ways:
a.
Via OAIC's online form:
https://webform.oaic.gov.au/prod?entitytype=Complaint&layoutcode=FOIComplai
ntWF.
b.
Email: xxxxx@xxxx.xxx.xx c.
Post, addressing it to:
Director of FOI Dispute Resolution
GPO Box 5288, Sydney NSW 2001
28. More information about Information Commissioner reviews and complaints can be found
on the OAIC's website:
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-
information-rights.
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Attachment A: section 25 of the FOI Act:
25 Information as to existence of certain documents
(1) Nothing in this Act shall be taken to require an agency or Minister to give
information as to the existence or non-existence of a document where
information as to the existence or non-existence of that document, if included in
a document of an agency, would cause the last-mentioned document to be:
(a) an exempt document by virtue of section 33 or subsection 37(1) or 45A(1);
or
(b) an exempt document to the extent referred to in subsection 45A(2) or (3).
(2) If a request relates to a document that is, or if it existed would be, of a kind
referred to in subsection (1), the agency or Minister dealing with the request may
give notice in writing to the applicant that the agency or the Minister (as the case
may be) neither confirms nor denies the existence, as a document of the agency
or an official document of the Minister, of such a document but that, assuming
the existence of such a document, it would be:
(a) an exempt document by virtue of section 33 or subsection 37(1) or 45A(1);
or
(b) an exempt document to the extent referred to in subsection 45A(2) or (3).
(3) If a notice is given under subsection (2) of this section:
(a) section 26 applies as if the decision to give the notice were a decision
referred to in that section; and
(b) the decision is taken, for the purposes of Part VI, to be a decision refusing
to grant access to the document in accordance with the request referred to
in subsection (2) of this section, for the reason that the document would, if it
existed, be:
(i) an exempt document by virtue of section 33 or subsection 37(1) or
45A(1); or
(ii) an exempt document to the extent referred to in subsection 45A(2) or
(3).
Melbourne Office
GPO Box 1289, Melbourne VIC 3001 Australia | T: +61 3 9669 4000 | www.bom.gov.au | ABN 92 637 533 532
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Attachment B: section 33 of the FOI Act
33 Documents affecting national security, defence or international relations
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;
(ii) the defence of the Commonwealth; or
(iii) the international relations of the Commonwealth; or
(b) would divulge any information or matter communicated in confidence by or
on behalf of a foreign government, an authority of a foreign government or
an international organization to the Government of the Commonwealth, to
an authority of the Commonwealth or to a person receiving the
communication on behalf of the Commonwealth or of an authority of the
Commonwealth.
Note: See also subsection 4(10).
Melbourne Office
GPO Box 1289, Melbourne VIC 3001 Australia | T: +61 3 9669 4000 | www.bom.gov.au | ABN 92 637 533 532
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Document Outline
