ONE NATIONAL CIRCUIT
BARTON
FOI
FOI/2020/152
FREEDOM OF INFORMATION ACT 1982 (Cth)
REQUEST BY:
Trav S
DECISION BY:
Peter Rush
Assistant Secretary
Parliamentary and Government Branch
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Trav S
I refer to your email, dated 19 June 2020 to the Department of the Prime Minister and Cabinet
(the Department) in which you made a request under the Freedom of Information Act 1982
(the FOI Act) in the following terms:
We seek information withheld via Section 47C redactions in PMC’s 19 April 2004
brief to the Minister Assisting the Prime Minister regarding the humanitarian
overseas service medal for Iraq.
Authorised decision maker
I am authorised to make this decision in accordance with arrangements approved by the
Department’s Secretary under section 23 of the Act.
Document in scope
One document has been identified as containing the information you have requested (the
requested document).
Decision
I have decided that the requested document, being deliberative, is conditionally exempt under
section 47 of the FOI Act. However, I consider that its disclosure would not be contrary to the
public interest.
Accordingly, I have decided to release the requested document, in full, with irrelevant
material deleted under section 22 of the FOI Act. The document being released to you is
attached.
Postal Address: PO Box 6500, CANBERRA ACT 2600
Telephone: +61 2 6271 5849 Fax: +61 2 6271 5776 www.pmc.gov.au ABN: 18 108 001 191
In making my decision, I have considered the following:
the terms of your request;
the provisions of the FOI Act; and
The Guidelines made by the Australian Information Commissioner issued under
section 93A of the FOI Act (the FOI Guidelines).
Reasons for the Decision
Section 47C of the FOI Act – deliberative processes
Section 47C of the FOI Act provides that:
(1) A document is conditionally exempt if its disclosure under this Act would disclose
matter (deliberative matter) in the nature of, or relating to, opinion, advice or
recommendation obtained, prepared or recorded, or consultation or deliberation
that has taken place, in the course of, or for the purposes of, the deliberative
processes involved in the functions of:
(a) an agency; or
(b) a Minister; or
(c) the Government of the Commonwealth.
The FOI Guidelines state that:
‘Deliberative matter’ is a shorthand term for ‘opinion, advice and recommendation’
and ‘consultation and deliberation’ that is recorded or reflected in a document. There
is no reason generally to limit the ordinary meanings given to the words ‘opinion,
advice or recommendation, consultation or deliberation’.1
‘Deliberative process’ generally refers to the process of weighing up or evaluating
competing arguments or considerations or to thinking processes – the process of
reflection, for example, upon the wisdom and expediency or a proposal, a particular
decision or a course of action.’2
The requested document contains deliberative matter regarding the Humanitarian Overseas
Service Medal, prepared for the purpose of the deliberative processes involved in the
functions of the Department and the Minister Assisting the Prime Minister.
I am satisfied that the deliberative matter contained within the requested document is
conditionally exempt under section 47C of the FOI Act.
Public Interest Test
Section 11A(5) of the FOI Act provides that a conditionally exempt document must
nevertheless be disclosed to the applicant unless its disclosure would, on balance, be contrary
to the public interest.
1 FOI Guidelines, [6.63], footnotes omitted.
2 FOI Guidelines, [6.59], footnotes omitted.
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In determining whether disclosure would be contrary to the public interest, the FOI Act
requires a decision-maker to balance the public interest factors in favour of disclosure against
the factors against disclosure.
Section 11B(4) of the FOI Act sets out the following factors that the decision-maker must not
take into account when deciding whether access to the document would be contrary to the
public interest:
a) access to the document could result in embarrassment to the Commonwealth
Government, or cause a loss in 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 documents was (or is) of high seniority in the agency to which the
request for access to the document was made; or
d) access to the document could result in confusion or unnecessary debate.
I have not taken any of the above factors into account in making my decision.
Factors in favour of disclosure
The FOI Act sets out factors favouring disclosure which must be considered if relevant. I am
satisfied that disclosure would promote the objects of the FOI Act.
Factors against disclosure
The FOI Act does not provide for any public interest factors weighing against disclosure that
decision makers may consider. However, in determining whether disclosure would be
contrary to the public interest, I have had regard to the FOI Guidelines. The FOI Guidelines
contain a non-exhaustive list of factors that may, depending on the circumstances of the case,
may be against disclosure.
Having regard to the conditionally exempt material, I considered the extent to which the
following factors against release are relevant:
disclosure would reduce the quality, clarity or frankness of written advice; and
disclosure would prejudice the integrity of the decision-making process concerning the
award of medals and honours.
Balancing the public interest
I have decided that the requested document, being deliberative, is conditionally exempt under
section 47 of the FOI Act. However, having regard to the nature of the conditionally exempt
information, I am satisfied that disclosure may promote the objects of the FOI Act and
disclosure would not be contrary to the public interest.
Deletion of irrelevant matter
Section 22 of the FOI Act provides that irrelevant material may be deleted from a copy of a
document, and access granted to such an amended copy where it is reasonably practicable to
do so, unless it is apparent that the applicant would not wish to have access to such a copy.
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I have decided that it is possible for an edited copy of the requested document to be provided
to you. Accordingly, the Department prepared an edited copy of the requested document,
which is the document that is being released to you.
Processing and access charges
I have decided not to impose processing charges in respect of your request.
Publication of the documents
Under section 11C of the FOI Act, the Department will make arrangements to publish the
document released to you on the Department’s FOI Disclosure Log.
Review rights
Information about your rights of review can be found on the website of the Office of the
Australian Information Commissioner at https://www.oaic.gov.au/freedom-of-
information/reviews-and-complaints/.
Complaint rights
Information about you complaint rights can be found on the web site of the Office of the
Australian Information Commissioner at https://www.oaic.gov.au/freedom-of-
information/reviews-and-complaints/.
Yours sincerely
Peter Rush
Assistant Secretary
Parliamentary and Government Branch
20 July 2020
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