26 October 2019
Mr Michael Green
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:

FOI Request:       FA 19/03/01215
File Number:       OBJ2019/20277

Dear Mr Green,

Freedom of Information (FOI) request - Access Decision
On 22 March 2019, the Department of Home Affairs (the Department) received a request for
access to documents under the Freedom of Information Act 1982 (the FOI Act).
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
1
Scope of request
You have requested access to the following documents:
Documents relating to the Commonwealth’s “regional and global priorities” in the Global
Special Humanitarian program.
Please limit this to briefing papers, reports, guidance notes, policy documents and advice
the senior officials and the Minister.
Please limit this request to only documents since 2013.
2
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate records.

6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.homeaffairs.gov.au

3
Relevant material
In reaching my decision I referred to the following:
•  the terms of your request
•  the documents relevant to the request
•  the FOI Act
•  Guidelines published by the Office of the Information Commissioner under section 93A
of the FOI Act (the FOI Guidelines)
•  advice from Departmental officers with responsibility for matters relating to the
documents to which you sought access
4
Documents in scope of request
The Department has identified that 20 documents fall within the scope of your request.
These documents were in the possession of the Department on 22 March 2019 when your
request was received.
5
Tranche Decisions
Given the size and complex nature of the documents identified as relevant to your request,
I propose to make an  interim tranche decision on this matter as the documents are
processed.
A final consolidated decision on your FOI request wil  be made at the completion of this
staged decision making process. This wil  include a consolidated notice of decision and a
schedule of all the documents in response to the request.
Attachment A is a schedule which describes the relevant documents that are released in
this tranche and sets out my decision in relation to each of them.
The statutory time limits for review of my decision on your request wil  commence upon
receipt of the final consolidated decision.
This notice applies to the first tranche of documents processed.
6
Decision
The decision in relation to the documents in the possession of the Department which fall
within the scope of your request is as follows:
•  Release 15 documents in part with deletions
•  Release 2 documents in full
7
Reasons for Decision
Detailed reasons for my decision are set out below.

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7.1  Section 22 of the FOI Act – deletion of exempt material
I find that those parts of the documents which contain information that  does not serve the
purpose of confirming,  identifying, relating to or describing the regional and/or global
priorities of the Special Humanitarian Program can reasonably be regarded as irrelevant to
the scope of your request.
In acknowledging your application we also advised you of Departmental policy, which is
that the personal details of officers who are not in the Senior Executive Service (SES), as
wel  as the mobile and work contact details of SES staf  which are contained in documents
that fall within scope wil  be deleted.  These details I find can also reasonably be regarded
as irrelevant to the scope of your request.
I have therefore decided that those parts of the documents which are marked ‘s.22(1)(a)(i )’
would disclose information that could reasonably be regarded as irrelevant to your request.
Accordingly, I have prepared an edited copy of the documents with the irrelevant material
deleted pursuant to section 22(1)(a)(i ) of the FOI Act.
7.2  Section 33 of the FOI Act – Documents affecting National Security, Defence or
International Relations
Section 33(a)(i i) of the FOI Act permits the exemption of a document if disclosure of the
document would, or could reasonably be expected to, cause damage to the international
relations of the Commonwealth.
The FOI Guidelines provide that the phrase “international relations” has been interpreted
as meaning the ability of the Australian Government to maintain good working relations
with other governments and international organisations and to protect the flow of
information between them. The expectation of damage to international relations must be
reasonable in the circumstances, having regard to the nature of the information; the
circumstances in which it was communicated; and the nature and extent of the relationship.
There must be real and substantial grounds for the conclusion that are supported by
evidence.
Taking the preceding guidance into account in a review of the documents, I find that parts
of the documents contain information given by or intended for international stakeholders
that the Australian Government works  closely  with in framing its global and regional
priorities for the Humanitarian Program. These international stakeholders include the
United Nations  High Commissioner for Refugees (UNHCR), State and Territory
governments  and Non-Government  Organisations (NGOs).  I  consider  that there is an
important and ongoing requirement for the  input of these and other international
stakeholders to both frame the Humanitarian Program priority caseloads in future program
years, and also to consult in relation to other operational matters of the program that may
arise from time to time in any particular program year.

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I consider that the relationship between the Australian Government and the international
stakeholders is a long and enduring relationship that must maintain a solid foundation into
the future for the successful formation and delivery of the Humanitarian Program. I find,
therefore, that the release of the information marked ‘s.33(a)(i i)’ in the documents would,
or could reasonably be expected to,  cause damage to the Australian Government’s
relationship with these stakeholders were this information to be released into the public
sphere.
7.3  Section 34 of the FOI Act – Cabinet documents
The documents I have exempted under section 34(3) of the FOI Act contain information
that would reveal a Cabinet deliberation or decision. I have conducted checks and believe
that this information has not been officially disclosed.
7.4  Section 47C of the FOI Act – Deliberative processes
Section 47C(1) of the FOI Act provides that a document is conditional y exempt if its release
would disclose deliberative matter, which includes matter in the nature of, or relating to
opinion, advice or recommendation that is obtained for, or prepared for,  or recorded for a
consultation or deliberation that has taken place in the course of, or for the purposes of,
the deliberative processes involved in the functions of an agency, a Minister or the
Government of the Commonwealth.
I find that some documents, or parts of the documents, include correspondence that was
developed during  a  consultative process. The documents  in scope  include  the  draft
documents or talking points that are intended to guide discussions at forthcoming meetings
which may or may not have taken place. I find that these types of documents, and other
similar correspondence which record the collaborative notes of a consultative process are
deliberative documents to which section 47C(1) applies.
I have considered whether any exceptions, per section 47C(2), apply to these documents
or parts of documents and I am satisfied that these exceptions do not apply. I find that the
documents are neither operational information for the purposes of section 8A, nor
information that is purely factual.
I consider that the release of the documents, or some information within the documents,
were it to be identified within the public sphere, particularly by international stakeholders
who may have been represented in the meetings which are described in the documents,
carries a reasonable risk that confusion or sensitivity may arise in relation to any matter
discussed between the agency and those stakeholders were the deliberative account to
differ from any final account of the document. I find that the Department’s relationship, and
need to engage at a high level with these international stakeholders, for the purposes of
delivering the humanitarian program in each year, is too important to subject to any such
risk. I find therefore that the Department’s ability to deliver the humanitarian program may
be significantly and adversely impacted by the release of these documents.
Any disclosure  resulting in the prejudice of the effectiveness of the Department’s
operational methods and procedures would result in the need for this Department, and
potentially its law enforcement partners, to change those methods and/or procedures to
avoid jeopardising their future effectiveness.
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Accordingly, I find that the documents are conditionally exempt under section 47C(1) of the
FOI Act.  Access to a conditionally exempt document must generally be given unless it
would be contrary to the public interest to do so.  I have turned my mind to whether
disclosure of the information would be contrary to the public interest, and have included my
reasoning in that regard below.
7.5  Section 47E of the FOI Act – Operations of Agencies
Section  47E(d) of the FOI Act provides  that documents are conditionally exempt if
disclosure would, or could reasonably be expected to, have a substantial adverse effect on
the proper and efficient conduct of the operations of an agency.
I consider that the release of parts of the documents marked ‘s.47E(d)’ would, or could
reasonably be expected to, have a substantial adverse effect on the proper and efficient
conduct of the operations of the Department.
Parts of the documents contain counsel that has been provided to the Department by other
stakeholders and partner agencies in the process of administering the Special
Humanitarian Program in any program year, or in the process of composing the Special
Humanitarian Program. These documents contain information that is integral to the
operations  of  the program and which could severely compromise the Department’s
relationship with the stakeholder or agency that has assisted the Department with its
operations if this information were to be released into the public sphere.
Any disclosure resulting  in the prejudice of the effectiveness of the Department’s
operational methods and procedures would result in the need for this Department, and
potentially its law enforcement partners, to change those methods and/or procedures to
avoid jeopardising their future effectiveness.
Accordingly, I find that the documents are conditionally exempt under section 47E(d) of the
FOI Act.  Access to a conditionally exempt document must generally be given unless it
would be contrary to the public interest to do so.  I  have turned my mind to whether
disclosure of the information would be contrary to the public interest, and have included my
reasoning in that regard below.
7.6  The public interest – section 11A of the FOI Act
As I have decided that documents, or parts of the documents are conditionally exempt, I
am now required to consider whether access to the conditionally exempt information would
be contrary to the public interest (section 11A of the FOI Act).
A part of a document which is conditionally exempt must also meet the public interest test
in section 11A(5) before an exemption may be claimed in respect of that part.
In summary, the test is whether access to the conditionally exempt part of the document
would be, on balance, contrary to the public interest.
In applying this test, I have noted the objects of the FOI Act and the importance of the other
factors listed in section 11B(3) of the FOI Act, being whether access to the document would
do any of the following:

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(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;
(d)
allow a person to access his or her own personal information.
Having regard to the above:
•  I am satisfied that access to the documents would promote the objects of the
FOI Act.
•  I consider that the subject matter of the documents does not seem to have the
character of public importance. The matter has a very limited scope and, in my
view, would be of interest to a very narrow section of the public.
•  I consider that no insights into public expenditure wil  be provided through
examination of the documents.
•  I am satisfied that you do not require access to the documents  in order to
access your own personal information.
I have also considered the following factors that weigh against the release of the
conditionally exempt information in the documents:
•  I consider there to be a strong public interest in the Department being able to
manage its programs effectively towards the attainment of strategic outcomes.
In finding that these strategic outcomes may be undermined through potential
damage to important stakeholder relationships through the release of
conditionally exempt information marked ‘s.47C(1)’, I therefore consider that
the release of this information is not in the public interest.
•  I consider there to be a strong public interest in the Department being able to
manage its programs effectively towards the attainment of strategic outcomes.
In finding that these strategic outcomes may be undermined through potential
damage to important stakeholder relationships through the release of
conditionally exempt information marked ‘s.47E(d)’, I therefore consider that
the release of this information is not in the public interest
I have also had regard to section 11B(4) which sets out the factors which are irrelevant to
my decision, which are:
a)  access to the document could result in embarrassment to the Commonwealth
Government, or cause a loss of confidence in the Commonwealth Government;
b)  access to the document could result in any person misinterpreting or
misunderstanding the document;
c)  the author of the document was (or is) of high seniority in the agency to which the
request for access to the document was made;
d)  access to the document could result in confusion or unnecessary debate.

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I have not taken into account any of those factors above in this decision.
Upon balancing all of the above relevant public interest considerations, I have concluded
that the disclosure of the conditionally exempt information in the documents would be
contrary to the public interest and it is therefore exempt from disclosure under the FOI Act.
8
Legislation
A copy of the FOI Act is available at https:/ www.legislation.gov.au/Series/C2004A02562.
If you are unable to access the legislation through this website, please contact our office
for a copy.
9
Your Review Rights
Internal Review
If you disagree with this decision, you have the right to apply for an internal review by the
Department of this decision.  Any request for internal review must be provided to the
Department within 30 days of you being notified of the decision.  Where possible please
attach reasons why you believe a review of the decision is necessary.  The internal review
will be carried out by an officer other than the original decision maker and the Department
must make a review decision within 30 days.

Applications for review should be sent to:
By email to: 0
OR
By mail to:
Freedom of Information Section
Department of Home Affairs
PO Box 25
BELCONNEN ACT  2617

Review by the Office of the Australian Information Commissioner
You may apply directly to the Office of the Australian Information Commissioner (OAIC) for
a review of this decision.  You must apply in writing within 60 days of this notice.  For further
information about review rights and how to submit a request for a review to the OAIC,
please see Fact Sheet 12 "Freedom of information – Your review rights", available online
at https://www.oaic.gov.au/freedom-of-information/foi-review-process.
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10  Making a Complaint
You may complain to the Australian Information Commissioner about action taken by the
Department in relation to your request.
Your enquiries to the Australian Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email  xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Australian Information
Commissioner. The request should be in writing and should set out the grounds on which
it is considered that the action taken in relation to the request should be investigated and
identify the Department of Home Affairs as the relevant agency.

11  Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
xxx@xxxxxxxxxxx.xxx.xx.

Signed electronically
Position number 60081621
Authorised Decision Maker | Freedom of Information Section
FOI and Records Management Branch
Productivity and Compliance Division | Corporate and Enabling Group
Department of Home Affairs

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ATTACHMENT A
SCHEDULE OF DOCUMENTS
REQUEST UNDER FREEDOM OF INFORMATION ACT 1982

FOI Request:       FA 19/03/01215
File Number:       OBJ2019/20277

No.  Date of  No. of  Description
document  pages
Decision on release

1.

29/10/2013
17  Submission no. SM2013/03258 to the  Partial
22(1)(a)(ii)
Minister in relation to the 2013-2014
33(a)(iii)
humanitarian program year
47C(1)
2.

28/09/2013
22  Submission no. SM2013/03133
Partial
22(1)(a)(ii)
(Attachment to submission no.
33(a)(iii)
SM2013/03258)
47C(1)
47E(d)

3.
( January)
5
Letter from Immigration Minister to
Partial
22(1)(a)(ii)
2013
Foreign Minister re 13-14 program
composition - SM2013/03258
33(a)(iii)

47C(1)

4.
  -
1
Table of proposed UNHCR referrals
Partial
47C(1)
required (13-14 program year)

5.

06/12/2013
4
Letter to the Director, Division of
Partial
22(1)(a)(ii)
International Protection, UNHCR,
regarding composition of the 13-14
humanitarian program year

6.

10/06/2014
31  Submission no. SM2014/01618 to
Partial
22(1)(a)(ii)
Minister in relation to composition of
the 2014-2015 humanitarian program
33(a)(iii)
47C(1)

7.

21/04/2015
9
Submission MS15-000608 to Minister  Partial
22(1)(a)(ii)
re 14-15 and 15-16 program years

33(a)(iii)
47C(1)

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No.  Date of  No. of  Description
document  pages
Decision on release

8.

13/04/2018
5
Submission MS18-000448 to the
Partial
22(1)(a)(ii)
Minister on a mid-year review of the 17-
18 humanitarian program

34(3)

47C(1)
9.
  -
2
Summary of the 2016-2017
Full

humanitarian program
10.
  -
6
Talking points – meeting with UNHCR   Partial
22(1)(a)(ii)
47C(1)
11.

(Document subject to decision in

another tranche. At time of tranche 1
decision, this document is subject to
ongoing assessment.)
12.
  -
2
Summary of the 2017-2018
Full

humanitarian program
13.

11/10/2018
10  (Draft) Submission MS18-002133 to
Partial
47C(1)
the Minister re the 2018-2019
humanitarian program

13.1

(Document subject to decision in

another tranche. At time of tranche 1
decision, this document is subject to
ongoing assessment.)
14.

(Document subject to decision in

another tranche. At time of tranche 1
decision, this document is subject to
ongoing assessment.)
15.
  -
1
Al ocations and delivery figures for the  Partial
22(1)(a)(ii)
2018-2019 humanitarian program
33(a)(iii)
16.
  -
7
Talking points – meeting with UNHCR   Partial
47C(1)
17.
  -
3
(Draft) Minutes of teleconference with  Partial
22(1)(a)(ii)
UNHCR
47C(1)
18.
  -
2
Talking points (referral requirements)
Partial
47C(1)
meeting with UNHCR
19.
  -
1
(Proposed) composition of the 2018-
Partial
22(1)(a)(ii)
2019 humanitarian program
33(a)(iii)
47C(1)

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Document Outline