4
Document in scope of request
The Department has identified one document relevant to the request. The document
existed in the possession of the Department on 19 August 2019 when your FOi request
was received.
5
Decision
The decision in relation to the document in the possession of the Department which fall
within the scope of your request is as follows:
• Release one document in part with deletions
6
Reasons for Decision
Detailed reasons for my decision are set out below.
My findings of fact and reasons for deciding that the exemption provision applies to that
information are set out below.
6. 1 Section 37 of the FOi Act - Documents Affecting Enforcement of Law and
Protection of Public Safety
Section 37(2)(b) of the FOi Act provides that a document is exempt from disclosure if its
disclosure would, or could reasonably be expected to disclose lawful methods or
procedures for preventing, detecting, investigating, or dealing with matters arising out of
breaches or evasions of the law the disclosure of which would or could reasonably likely
to, prejudice the effectiveness of those methods or procedures.
I consider that parts of document would, or could reasonably be expected to disclose lawful
methods or procedures for preventing or detecting breaches or evasions of the law and
that disclosure would, or would reasonably likely to, prejudice the effectiveness of those
methods or procedures.
It is noted that the Department's role includes managing the security and integrity of
Australia's borders. The Department leads the management of risks to Australia's border
in close collaboration with other government agencies, including State and Federal law
enforcement agencies. As such, the Department's role includes law enforcement functions.
The disclosure of information within these documents would be reasonably likely to impact
on ongoing investigative methodology and relationships both domestically and
internationally that support Australian government investigative capabilities. The release of
this information would prejudice the effectiveness of those methods or procedures,
assisting endeavours to evade them and thereby reducing the ability of the Department
and other law enforcement agencies to protect the borders of Australia.
I have decided that this information is exempt from disclosure under Section 37(2)(b) of the
FOi Act.
6. 2 Section 47F of the FOi Act - Personal Privacy
Section 47F of the FOi Act provides that a document is conditionally exempt if its disclosure
under the FOi Act would involve the unreasonable disclosure of personal information of
any person. 'Personal information' means information or an opinion about an identified
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individual, or an individual who is reasonably identifiable, whether the information or opinion
is true or not, and whether the information or opinion is recorded in a material form or not
(see s 4 of the FOi Act and s 6 of the
Privacy Act 1988).
I consider that disclosure of the information marked 's47F' in the documents would disclose
personal information relating to third parties. The information within the documents would
reasonably identify a person, either through names, positions or descriptions of their role
or employment circumstance.
The FOi Act states that, when deciding whether the disclosure of the personal information
would be 'unreasonable', I must have regard to four factors set out in s.47F(2) of the
FOi Act. I have therefore considered each of these factors below:
•
the extent to which the information is well known;
•
whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt with in the document;
•
the availability of the information from publicly available resources;
•
any other matters that I consider relevant.
The information relating to the third parties is not well known and would only be known to
a limited group of people with a business need to know. As this information is only known
to a limited group of people, the individuals concerned are not generally known to be
associated with the matters discussed in the document. This information is not available
from publicly accessible sources.
I do not consider that the information relating specifically to the third parties would be
relevant to the broader scope of your request, as you are seeking access to reports of the
review rather than information which wholly relates to other individuals.
I am satisfied that the disclosure of the information within the documents would involve an
unreasonable disclosure of personal information about a number of individuals.
I have decided that the information referred to above is conditionally exempt under section
47F 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.
6.3 The public interest-section 11A of the FOi Act
As I have decided that parts of the document 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 11 A(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.
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In applying this test, I have noted the objects of the FOi Act and the importance of the other
factors listed in section 118(3) of the FOi Act, being whether access to the document would
do any of the following:
(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 document would promote the objects of the
FOi Act.
• I consider that the subject matter of the document 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 will be provided through
examination of the document.
• I am satisfied that you do not require access to the document 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 document:
• disclosure of the personal information which is conditionally exempt under
section 47F of the FOi Act could reasonably be expected to prejudice the
protection of those individuals' right to privacy.
• The Department is committed to complying with its obligations under the
Privacy Act 1988, which sets out standards and obligations that regulate how
the Department must handle and manage personal information. It is firmly in
the public interest that the Department uphold the rights of individuals to their
own privacy and meets its obligations under the Privacy Act. I consider that
non-compliance with the Department's statutory obligations concerning the
protection of personal information would be contrary to the public interest and
that this factor weighs strongly against disclosure.
I have also had regard to section 11 B( 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.
I have not taken into account any of those factors in this decision.
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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.
7
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.
8
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: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
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.
9
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.
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