DGNCC/OUT/2016/R27818859
FOI 078/16/17 STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT
1.
I refer to the application by Mr Dan Monceaux under the
Freedom of Information Act
1982 (FOI Act), for access to:
“The minutes of all meetings of the Australian Maritime Defence Council, from the
year 2010 to present.
Excluding personal email addresses, signatures, PMKeys numbers and mobile
telephone numbers, contained in documents that fall within the scope of the FOI
request.”
FOI decision maker
2.
I am the accredited officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
3.
I identified 11 documents as matching the description of the request.
4.
The decision in relation to each document is detailed in a schedule of documents at
enclosure 1.
5.
I have added an FOI reference number and serial number to each of the documents,
which corresponds with the schedule.
Decision
6.
I have decided to:
a. release 10 documents in full;
b. partially release one document in accordance with section 22(1)(a)(ii) [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 47F
[public interest conditional exemptions-personal privacy] of the FOI Act; and
c. remove irrelevant material as referred to in the scope of the request in
accordance with section 22(1)(a)(ii) of the FOI Act.
Material taken into account
8.
In making my decision, I had regard to:
a. the terms of the request;
b. the content of the identified documents in issue;
c. relevant provisions in 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
2
e. advice received from the secretary of the Australian Maritime Defence Council
(ADMC).
Reasons for decision
Section 47F - Personal privacy
9.
Upon examination of the documents, I identified information, specifically photos that
clearly identify third party individuals, which I considered could be personal information.
10. In making my decision, I considered whether:
a. the document contained personal information;
b. the disclosure of the personal information would be unreasonable; and
c. whether the disclosure of this information would, at this time, be contrary to
public interest.
11.
As a person’s identity is apparent or reasonably ascertainable from the identified
information, I have decided that it constitutes personal information.
12.
In determining whether release of the above personal information is unreasonable, I
took into account, inter alia:
a. the extent to which the information is well known;
b. whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt within the document; and
c. the availability of the information from publicly accessible sources.
13.
Against these criteria, I found:
a. the specific identified information is not well known;
b. as I could not identify the individuals to determine if they consented to the
release of their images, I considered that the persons to whom the information
relates are not widely known to be (or to have been) associated with the
matters dealt with in the documents; and
c. I could not establish if these images were available from publicly accessible
sources.
14.
After considering all of the above, I am satisfied that the specific identified
information is conditionally exempt under section 47F of the FOI Act.
Sections 47F - Public interest considerations
15.
In determining whether to release the documents, I had regard to whether giving
access to the applicant at this time would, on balance, be contrary to the public interest.
Specifically, I considered if disclosure of the documents would:
a. promote the objects of the Act,
b. inform debate on a matter of public importance,
c. promote effective oversight of public expenditure, and
d. allow a person to access her or his personal information.
16.
In reviewing the request, I decided that releasing the requested documents may
promote some of the objects of the FOI Act as it contributes to the review of the
Government’s activities.
3
17.
However, there is a public interest in protecting the privacy of individuals whose
personal details appear in documents. This includes, inter alia, information of the nature
described at paragraph 9. I consider the specific material would not inform debate on a matter
of public importance, nor would its release promote effective oversight of public expenditure.
18.
Conversely, the release of the identified information could reasonably be expected to
result in a decline in confidence in Defence’s ability to maintain the privacy of its members
and other third parties.
19.
After assessing all of these factors, I have decided that the harm that could arise from
disclosure of the personal information far outweighs any favourable
public interest factors
that could be gained from its release.
Further Information
20.
One page of the document marked as Serial 2 was classified at the time of its
production. I have declassified the version of the document that is approved for release and
the security marker has been struck through.
Administrative Release
21.
At the time of the FOI application the minutes for the April 2016 AMDC meeting had
not been completed and were considered out of scope of the request. However, during the
intervening period of processing this FOI request the minutes were completed and signed.
Accordingly, in the spirit of the FOI Act I have included the minutes of the April 2016
AMDC as an administrative release of documents.
geoffrey.fiedler Digitally signed by
xxxxxxxx.xxxxxxx@xxxxxxx.xxx.xx
@defence.gov. DN:
cn=xxxxxxxx.xxxxxxx@xxxxxxx.xxx.
au
au
Date: 2016.11.15 10:46:26 +11'00'
GN Fiedler
CMDR, RAN
Accredited Decision Maker
Navy Group
15 Nov 2016
FREEDOM OF INFORMATION REQUEST NO. 078/16/17
SCHEDULE OF DOCUMENTS
Number
Document
Decision
Serial
Date
Document title
under
Reason for decision
of pages
description
the Act
Minutes of the Australian Maritime
Meeting
Full
Deletions made in accordance with
1
31 May 2010
Defence Council – Meeting of 3 March
50
minutes
access
section 22 of the FOI Act.
2010
Deletions made in accordance with
Minutes of the Australian Maritime
section 22 of the FOI Act, on the
Defence Council Held at Border
Meeting
Partial
grounds that the deleted material is
2 17
Jan
2011
82
Protection Command 19 November
minutes
access
exempt, under section 47F [Personal
2010
Privacy conditional exemption] of the
FOI Act.
Minutes of the Australian Maritime
Deletions made in accordance with
Meeting
Full
3
15 Jul 2011
Defence Council Held at Sydney Ports
7
section 22 of the FOI Act.
minutes
access
Corporations on 22 March 2011
Minutes of the Australian Maritime
Deletions made in accordance with
Meeting
Full
4 19
Nov
2011
Defence Council Held at Port of
7
section 22 of the FOI Act.
minutes
access
Brisbane Pty Ltd on 8 September 2011
Minutes of the Australian Maritime
Deletions made in accordance with
Meeting
Full
5
7 Aug 2012
Defence Council Held at Fleet
15
section 22 of the FOI Act.
minutes
access
Headquarters on 16 May 2012
Minutes of the Australian Maritime
Deletions made in accordance with
Meeting
Full
6 30
Jun
2013 Defence Council Held at Russell
8
section 22 of the FOI Act.
minutes
access
Offices 8 May 2013
5
Minutes of the Australian Maritime
Deletions made in accordance with
Meeting
Full
7 12
Jun
2014 Defence Council Held at Shipping
7
section 22 of the FOI Act.
minutes
access
Australia Ltd 30 October 2013
Minutes of the Australian Maritime
Deletions made in accordance with
Meeting
Full
8
4 Aug 2014
Defence Council Held at HMAS
8
section 22 of the FOI Act.
minutes
access
Watson 5 March 2014
Minutes of the Australian Maritime
Defence Council Held at Australian
Meeting
Full
9
22 Apr 2015
12
Shipowners Association on 10
minutes
access
September 2014
Minutes of the Australian Maritime
Meeting
Full
10 10
Sep
2015 Defence Council Held at Thales
6
minutes
access
(Australia) on 26 March 2015
Minutes of the Australian Maritime
Meeting
Full
11
5 Dec 2015
Defence Council Held at Maritime
7
minutes
access
Border Command 17 September 2015
Administrative release
Minutes of the Australian Maritime
Meeting
Full
12 21
Oct
2016 Defence Council Held at Russell
5
minutes
access
Offices 21 April 2016
