ONE NATIONAL CIRCUIT
BARTON
FOI
FOI/2020/283
FREEDOM OF INFORMATION ACT 1982
REQUEST BY:
Trav S
DECISION BY: Mr Peter Rush
Assistant Secretary
Parliamentary and Government Branch
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Trav S
I refer to your email of 8 December 2020 in which you made a request to the Department of
the Prime Minister and Cabinet (the
Department) under the
Freedom of Information Act
1982 (the
FOI Act) in the following terms:
The April 2019 "Humanitarian Overseas Service Medal Guide to Eligible Groups"
cites "Palladium Group Pty Ltd" as an eligible organisation for the medal. For the
public interest, please provide a copy of the Department's assessments justifying the
award to Palladium Group Pty Ltd.
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 relevant to the terms of your request
The Department has identified one document relevant to the terms of your request (the
requested document):
• Brief with reference number MS18-005187 dated 18 December 2018 from the
Department to the then Assistant Minister to the Prime Minister, the Hon Steve Irons
MP, titled ‘Humanitarian Overseas Service Medal – Declarations for Events in the
Philippines, [redacted], Vanuatu [redacted]’.
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
Decision
I have decided to grant access, in part, to the requested document, with information exempt
under section 33(a)(iii) of the FOI Act and irrelevant material deleted under section 22 of the
FOI Act.
A copy of the requested document in a form that can released to you is
attached to this
decision.
In making this decision, I have had regard to the following material:
• your FOI request;
• the requested document;
• the FOI Act;
• the ‘Guidelines issued by the Australian Information Commissioner under section 93A
of the
Freedom of Information Act 1982’ (the
FOI Guidelines).
Reasons
Section 33(a)(iii) of the FOI Act – damage to the international relations of the
Commonwealth
Section 33(a)(iii) of the FOI Act provides that:
A document is an exempt document if disclosure of the document under this Act:
(a)
would, or could reasonably be expected to, cause damage to:
…
(iii)
the international relations of the Commonwealth;
The FOI Guidelines state 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 confidential information
between them. The exemption is not confined to relations at the formal diplomatic or
ministerial level. It also covers relations between Australian Government agencies
and agencies of other countries.
The mere fact that a government has expressed concern about a disclosure is not
enough to satisfy the exemption, but the phrase does encompass intangible or
speculative damage, such as loss of trust and confidence in the Australian
Government or one of its agencies. The expectation of damage to international
relations must be reasonable in all 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 also be real and substantial grounds for the
exemption that are supported by evidence. These grounds are not fixed in advance, but
vary according to the circumstances of each case.
For example, the disclosure of a document may diminish the confidence which another
country would have in Australia as a reliable recipient of its confidential information,
making that country or its agencies less willing to cooperate with Australian agencies
in future. On the other hand, the disclosure of ordinary business communications
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between health regulatory agencies revealing no more than the fact of consultation
will not, of itself, destroy trust and confidence between agencies.1
Part of the requested documents contains information that would, or could reasonably be
expected to, cause damage to the international relations of the Commonwealth. I am therefore
satisfied that part of the requested document is exempt under section 33(a)(iii) of the FOI Act.
Section 22 of the FOI Act – irrelevant material
Section 22 of the FOI Act provides that exempt or irrelevant information 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.
The requested document contains the following irrelevant material:
• material subject to the Department’s redaction policy advised to you on 11 December
2020 namely:
o any person’s signature;
o names and contact details of Australian Public Service officers not in the
Senior Executive Service;
o the names and contact details of Ministerial staff at a level below Chief of
Staff; and
• material that is not within the scope of the FOI request, that is, material which does
not constitute ‘the Department's assessments justifying the award to Palladium Group
Pty Ltd’.
I find that it is reasonably practicable to copy the requested document with the exempt or
irrelevant information deleted, and that you would wish to be granted access to the requested
documents with the deletions.
Publication of documents
Under section 11C of the FOI Act, the Department will arrange to publish the document
released to you on the Department’s FOI Disclosure Log.
Processing and access charges
I have decided not to impose charges in respect of your request.
Review rights
Information about your rights of review under the FOI Act is available at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Complaint rights
You may make a complaint to the Information Commissioner about the Department’s actions
in relation to a request. Making a complaint about the way the Department has handled an
FOI request is a separate process to seeking review of the Department’s decision. Further
1 FOI Guidelines, [5.36] – [5.38] (footnotes omitted).
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information about how to make a complaint is available at https://www.oaic.gov.au/freedom-
of-information/reviews-and-complaints/.
Yours sincerely
Peter Rush
Assistant Secretary
Parliamentary and Government Branch
21 January 2021
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