7 December 2020
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 20/09/01326
File Number:
OBJ2020/30947
Dear JS
Freedom of Information (FOI) request - Access Decision
On 11 September 2020, 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:
Under FOI I seek access to documents concerning or relating to the FOI disclosure log
maintained by the Department of Home Affairs. The period of the request is December
2017 to the date of this request.
On 4 November 2020 the Department issued you a notice under section 24AB of the FOI
Act, and on 16 November 2020 you requested that the scope of your request be amended
to:
I seek access to documents, concerning or relating to the failure by the Department of
Home Affairs to comply with the disclosure log requirement in the FOI legislation,
(a) sent from or
(b) received by
the Department of Home Affairs at any time during the period December 2017 to the date
of this request.
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 four documents as falling within the scope of your request.
These documents were in the possession of the Department on 11 September 2020 when
your request was received.
Attachment A is a schedule which describes the relevant documents and sets out my
decision in relation to each of them.
5 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 four documents in part with deletions
6
Reasons for Decision
Detailed reasons for my decision are set out below.
Where the schedule of documents indicates an exemption claim has been applied to a
document or part of document, 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 30 September 2020, 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 documents marked ‘s22(1)(a)(ii)’ would disclose information
that could reasonably be regarded as irrelevant to your request. I have prepared an edited
copy of the documents, with the irrelevant material deleted pursuant to section 22(1)(a)(ii)
of the FOI Act.
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The remainder of the documents have been considered for release to you as they are
relevant to your request.
6.2 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 parts of documents marked ‘
s47E(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.
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.
Information marked 's47E(d)' consists of operational email addresses used by this
Department. These email addresses are not otherwise publicly available, and disclosure
of this information could reasonably be expected to result in potential vexatious
communication and public inquiries which these operational areas are not resourced to
manage. The Department has established channels of communication for members of the
public into the Department, and I consider there is no public interest in disclosing these
operational contact details. Given the operational focus of those business areas, such a
diversion of the resources of that business area could reasonably be expected to have a
substantial adverse effect on the proper and efficient conduct of the operations of this
Department and its partner agencies.
I have decided that parts of 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 at paragraph 6.4 below.
6.3 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
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.
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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 individual(s) concerned is/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 information
about the Department’s 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 at paragraph 6.4 below.
6.4 The public interest – section 11A of the FOI Act
As I have decided that 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:
(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.
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Having regard to the above I am satisfied that:
access to the documents would promote the objects of the FOI Act.
the subject matter of the documents does have the character of public
importance and that there may be broad public interest in the documents..
no insights into public expenditure will be provided through examination of the
documents.
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:
Disclosure of the operational email addresses which are conditionally exempt
under section 47E(d) of the FOI Act would have a substantial adverse effect
on the ability of the relevant operational areas to conduct their business as
usual. The Department has established avenues in place for members of the
public to contact when they have queries, complaints or comments. I consider
that there is a strong public interest in ensuring public feedback is filtered
through these available channels so that operational areas within the
Department are able to carry out their functions in an effective matter. I
consider that this would be contrary to the public interest and that this factor
weighs strongly against disclosure of the exempt information.
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 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.
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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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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.
Signed electronically
Position number 60099816
Authorised Decision Maker
Department of Home Affairs
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ATTACHMENT A
SCHEDULE OF DOCUMENTS
REQUEST UNDER FREEDOM OF INFORMATION ACT 1982
FOI request: FA 20/09/01326
File Number: OBJ2020/30947
No
Date of
No. of Description
.
document pages
Decision on release
1. 23/10/2018
2
Email – Decision letter record FA
S22, s47F
Partial
18/10/01368
2. 29/10/2018
2
Email - Decision letter record FA
S22, s47F
Partial
18/10/01368
3. 3/12/2019
2
Email – Freedom of Information Request S47F
Partial
– Dept Home Affairs – Non Compliance
with FOI legislation Disclosure Log
4. 17/08/2020
3
Email – Internal Review of – Freedom of S22, s47E(d), Partial
Information Request – Dept Home Affairs s47F
– Non Compliance with FOI legislation
Disclosure Log
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