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DEFENCE FOI 973/25/26
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by Jed Cox (the applicant), received by the Department of
Defence (Defence), for access to the following documents under the
Freedom of
Information Act 1982 (Cth) (FOI Act):
I seek access to current organisational structure diagrams (organisation charts) that
visually depict the command and reporting structure of the following Defence entities,
as at the date of this request:
Australian Army – high-level organisational structure (Army Headquarters level);
Royal Australian Navy – high-level organisational structure (Navy Headquarters
level);
Royal Australian Air Force – high-level organisational structure (Air Force
Headquarters level);
Headquarters Joint Operations Command (HQJOC).
Background
2.
On 25 December 2025, the applicant submitted a request under the FOI Act to
Defence in the following terms:
…any documents visually showing the structure of the Army, RAN, and RAAF,
as well as any other major commands if available (ADFHQ, HQ JOC, etc).
3.
On 15 January 2026, Defence formally consulted with the applicant in accordance
with section 24AB of the FOI Act.
4.
On the same day, the applicant revised their request to the terms outlined in paragraph
1.
FOI decision maker
5.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
6.
I have identified four (4) documents as falling within the scope of the request.
Decision
7.
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
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or international relations] and 47E [public interest conditional exemptions - certain
operations of agencies] of the FOI Act.
Material taken into account
8.
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); 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
9.
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.
10.
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.
11.
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
12.
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
13.
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);
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d. the meaning of the term
‘security of the Commonwealth’ (paragraph 5.30); and
e. considerations related to the mosaic theory (paragraph 5.43).
14.
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.
15.
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
16.
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.
17.
Furthermore, disclosure of this information could reasonably be expected to assist
hostile actors to understand the internal command, control and coordination
arrangements of the Australian Defence Force (ADF), including how commands are
structured and how authority flows within Defence. Such information, when viewed
cumulatively with other publically available material, could be exploited to identify
vulnerabilities, target critical proceedings within Defence command structures or
gather intelligence regarding Defence’s operational capabilities and priorities.
18.
The ADF operates in a complex and evolving security environment. Even information
that may appear administrative or structural in nature can, when aggregated, contribute
to a more detailed intelligence picture of Defence’s internal arrangements. The release
of organisational reporting structures would reduce the level of ambiguity surrounding
Defence command arrangements, which is an important protective measure in
maintaining national security.
19.
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.
20.
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
21.
Section 47E of the FOI Act states:
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A document is conditionally exempt if its disclosure under this Act would, or
could reasonably be expected to, do any of the following:
(d) have a substantial adverse effect on the proper and efficient conduct of
the operations of the agency
22.
The Guidelines, at paragraph 6.115, provide 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.
23.
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.
24.
It is my view that disclosure of the in scope material could reasonably be expected to
undermine the effective management and operation of the ADF by exposing internal
structures that are designed to be flexible and responsive to operational requirements.
Public disclosure of reporting structures may constrain Defence’s ability to make such
adjustments, thereby adversely affecting operational efficiency.
25.
Further, release of this information could reasonably be expected to increase the risk
of external interference, targeted communications or pressure directed at specific units
or command levels, which would divert resources away from Defences core
operational responsibilities. This would impose an operational burden on Defence and
lessen its ability to conduct its functions efficiently.
26.
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
sensitive operational context in which Defence operates, 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.
27.
Accordingly, I am satisfied that the information contained within the documents is
conditionally exempt under section 47E(d) of the FOI Act.
Public interest considerations - section 47E
28.
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)
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access to the document at that time would, on balance, be contrary to the
public interest.
29.
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.
30.
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).
31.
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; and
•
that the FOI Act does not control or restrict any subsequent use or
dissemination of information released under the FOI Act.
32.
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.
33.
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.
34.
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 are presented in a format and convey a level of detail
unsuitable for disclosure. I have placed weight on the availability and accessibility of
publicly available information about the organisational structure of Defence that is
responsive to the scope and terms of the request. For your ease of access, I have
included a link to the publicly available information below.
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35.
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.
36.
Accordingly, I find that the documents are exempt under section 33 of the FOI Act
and also conditionally exempt under section 47E(d) of the FOI Act.
Additional Information
37.
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.
Executive Level 1 Officer Freedom of Information Directorate
Governance Group
Department of Defence
27 January 2026
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