11 June 2020
Mr John Smith
BY EMAIL:  xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 20/06/00447
File Number:
OBJ2020/19008
Dear Mr Smith
Freedom of Information (FOI) request - Access Decision
On  11  June  2020, the Department of Home Affairs (the Department) received a request for
access to document 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 document:
Documentation indicating the Minister's preference for retaining the services of
Save the Children for welfare services on Nauru over the possibility of seeking a
quote from Transfield, and the reasoning for this preference.

According to ANAO Auditor-General Report no. 16 of 2016-17, this preference was
stated in writing on 3 December 2013 (see paragraph 3.67 of the report).
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 document or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
•  the terms of your request
•  the document 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)

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

•  advice from Departmental officers with responsibility for matters relating to the
document to which you sought access
•  advice from other Commonwealth Departments
4
Document in scope of request
The Department has identified one document as falling within the scope of your request.
This document was in the possession of the Department on 21 November 2019 when your
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:
•  Exempt one document in full from disclosure
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 22 of the FOI Act – irrelevant to request
Section 22 of the FOI Act provides that if giving access to a document would  disclose
information that would reasonably be regarded as irrelevant to the request, it is possible for
the Department to prepare an edited copy of the document, modified by deletions, ensuring
that the edited copy would not disclose any information that would reasonably be regarded
as irrelevant to the request.
On 22 November 2019, the Department advised you that its policy is to exclude the
personal details of officers not in the Senior Executive Service (SES), as well as the mobile
and work telephone numbers of SES staff, contained in documents that fall within scope of
an FOI request.
I have decided that parts of document marked ‘s22(1)(a)(i )’ would disclose information that
could reasonably be regarded as irrelevant to your request. Section 22 of the FOI Act –
deletion of exempt material
6.2  Section 47C of the FOI Act – Deliberative Processes
Section 47C of the FOI Act provides that a document is conditionally exempt if its disclosure
would disclose deliberative matter relating to the deliberative processes involved in the
functions of the Department.
‘Deliberative matter’ includes opinion, advice or recommendation obtained, prepared or
recorded, or consultation or deliberation that has taken place, in the deliberative processes
of an agency.
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link to page 4 link to page 3 link to page 3 link to page 3

‘Deliberative processes’ generally involves “the process of weighing up or evaluating
competing arguments or considerations”1  and the ‘thinking processes –the process of
reflection, for example, upon the wisdom and expediency of a proposal, a particular
decision or a course of action.’2
The document contains advice, opinions and recommendations prepared or recorded in
the course of, or for the purposes of, the deliberative processes involved in the functions
of Department. I am satisfied that this deliberative matter relates to a process that was
undertaken within government to consider whether and how to make or implement a
decision, revise or prepare a policy, administer or review a program, or some similar
activity. 3
Section 47C(2) provides that “deliberative matter” does not include purely factual material.
I am satisfied that the deliberative material is not purely factual in nature.
I am further satisfied that the factors set out in subsection (3) do not apply in this instance.
I have decided that the information is conditionally exempt under section 47C 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 at paragraph 1.1 above.
6.3  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 disclosure of the document  sought  would, or could reasonably be
expected to, have a substantial adverse effect on the proper and efficient conduct of the
operations of the Department.
Managing the security and integrity of Australia's borders is integral to the operations of the
Department.  Any prejudice to the effectiveness of the operational methods and procedures
used in undertaking that role would result in a substantial adverse effect on the operations
of the Department.
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.
I have decided that the document is 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


1
Dreyfus and Secretary Attorney-General’s Department (Freedom of information) [2015] AATA 962 [18]
2
JE Waterford and Department of Treasury (No 2) [1984] AATA 67
3
Dreyfus and Secretary Attorney-General’s Department (Freedom of information) [2015] AATA 962
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link to page 4 link to page 4

the information would be contrary to the public interest, and have included my reasoning in
that regard at paragraph 1.1 above.
6.4  Section 47G of the FOI Act – Business Affairs
Section 47G(1)(a) of the FOI Act permits conditional exemption of documents containing
business information where disclosure of that information would, or could reasonably be
expected to, unreasonably affect the organisation adversely in respect of its lawful
business, commercial or financial affairs.
I have considered that the document sought contains information concerning the business,
commercial or financial affairs of an organization.
The information is in the nature of contract transitions.
In determining whether disclosure of the information within the documents would or could
reasonably be expected to adversely affect the lawful business, commercial or financial
affairs of an organisation, I have had regard to the following factors:
a)  The extent to which the information is well known;
b)  Whether the organisation or undertaking is known to be associated with the
matters dealt with in the documents;
c)  The availability of the information from publicly accessible sources; and
d)  Any other matters that the Department considers relevant.
The information contained within these documents is not in the public domain, the
organisation concerned is not generally known to be associated with the matters referred
to in these documents, and the information is not available from publicly accessible
sources, such as the organisation's website. I am therefore satisfied that the disclosure of
the information would, or could reasonably be expected to, unreasonably affect that
organisation in respect of its lawful business, commercial or financial affairs.
I have decided that the document referred to above is conditionally exempt under section
47G 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 at paragraph 1.1 above.
6.5  The public interest – section 11A of the FOI Act
As I have decided that the document is 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 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 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 11B(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 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:
•  OSA's - disclosure of the conditionally exempt information under section 47C
of the FOI Act could reasonably be expected to prejudice the ability of the
Department to manage future Organisational Suitability Assessments (OSA).
I consider that the disclosure of this type of deliberative material may hinder
the future deliberations and decision making processes, and that there is a
real public interest in this agency being able to undertaken effective OSA's in
the future. I consider that this would be contrary to the public interest and that
this factor weighs strongly against disclosure.
•  Investigations  -  disclosure of the conditionally exempt information under
section 47C could reasonably be expected to prejudice the ability of the
Department to manage future review processes, inquiries and investigations.
I consider that the disclosure of this type of deliberative material may hinder
the future cooperation or participation in those processes, and that there is a
real public interest in this agency being able to undertake effective reviews,
investigations and inquiries in the future. I consider that this would be contrary
to the public interest and that this factor weighs strongly against disclosure.
•  management discussions – disclosure of the conditionally exempt information
under section 47C could reasonably be expected to prejudice the ability of the
Department to manage future deliberations in relation to the management of
its personnel. I consider that this would be contrary to the public interest and
that this factor weighs strongly against disclosure.
•  law enforcement – customs ability to protect border - disclosure of the parts of
the documents that are conditionally exempt under section 47E(d) of the FOI
Act could reasonably be expected to prejudice law enforcement functions and,
as a result, the ability of the Department to protect Australia's borders. I
consider there to be a strong public interest in ensuring that the ability of the
Department to conduct its law enforcement functions is not compromised or
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prejudiced in any way.  I consider that this would be contrary to the public
interest and that this factor weighs strongly against disclosure.
•  disclosure of the parts of the documents that are conditionally exempt under
section 47G of the FOI Act could reasonably be expected to prejudice the
competitive commercial activities of third party organisations. I consider that
this would be contrary to the public interest and that this factor weighs strongly
against disclosure.
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.
I have not taken into account any of those factors 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.
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
wil  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
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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.
10  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.

Andrea Carroll
Authorised Decision Maker
Department of Home Affairs

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Document Outline