DEFENCE FOI 544/20/21 STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT 1.
I refer to the application by Luis Quiroz (Right-to-Know) under the
Freedom of
Information Act 1982 (FOI Act), for access to:
“Please provide any ministerial briefings that were prepared in the alleged assault of
with the PMKEYS number
by a Senior Sailor at
HMAS Kuttabul.”
FOI decision maker
2.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
3.
I identified two documents as matching the scope of the request.
Decision
4.
I have decided to deny access to two documents under section 47F [public interest
conditional exemptions-personal privacy] of the FOI Act.
Material taken into account
5.
In making my decision, I had regard to:
a. the terms of the request;
b. the content of the identified documents in issue;
c. relevant provisions in the FOI Act;
d. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
e. consultation with a third party.
Reasons for decision
Section 47F - Personal privacy
6.
On review of the documents, I identified information, specifically the personal
information of a third party other than the applicant. I found the material to be conditionally
exempt under section 47F of the FOI Act.
7.
When assessing whether the disclosure of this personal information is unreasonable, I
considered the following factors:
a. the extent to which the information is well known;
b. 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;
c. the availability of the information from publicly accessible sources; and
d. any other matters that the agency or Minister considers relevant.
8.
Against the above criteria I found:
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a. that the specific personal information is not well known;
b. the individuals whose personal information is contained in the document is not
known to be associated with the matters dealt with in the documents; and
c. the information is not readily available from publicly accessible sources.
9.
Taking into account the above factors, I consider the release of the material would be an
unreasonable disclosure of personal information of an individual other than the applicant and
could reasonably be expected to cause harm to their privacy. I have therefore decided that the
documents are exempt under section 47F of the FOI Act.
10. Section 11A(5) of the FOI Act requires an agency to allow access to an exempt
document unless, in the circumstances, access to the document would, on balance, be contrary
to the public interest. My public interest considerations are set out below.
Public interest considerations – Section 47F
11. In assessing whether disclosure is on balance, contrary to the public interest, I
considered the Guidelines together with a range of factors set out in section 11B(3) of the FOI
Act, which favours access to a document:
(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
12. I note that disclosure of the requested documents may promote some of the objects of
the FOI Act, as information held by the Government is a national resource. However,
disclosure of the specific conditionally exempt material would not increase public
participation in the Defence process, nor would it increase scrutiny or discussion of Defence
activities.
13. Paragraph 6.22 of the Guidelines specifies a non-exhaustive list of public interest
factors against disclosure. The factors I find particularly relevant to this request are that
release of this information could reasonably be expected to prejudice or harm:
a. the protection of an individual’s right to privacy;
b. the interests of an individual or group of individuals;
c. an agency’s ability to obtain confidential information;
d. an agency’s ability to obtain similar information in the future; and
e. the management function of an agency.
14. While I accept there is a public interest in ensuring that Defence undertakes its
functions in a transparent and proper manner, there is also a strong public interest in
maintaining the confidentiality of material contained in the documents.
15. In my view, it would be contrary to the public interest to disclose personal information
of the third party and cause unnecessary distress to them. Furthermore, disclosure could
reasonably be expected to prejudice an individual’s right to privacy.
16. None of the factors listed in section 11B(4) of the FOI Act were taken into account
when making this decision.
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17. After weighing all of the above, I consider that, on balance the public interest factors
against disclosure outweigh the factors for disclosure. I have therefore decided that it would
be contrary to the public interest to release the documents considered exempt under section
47F of the FOI Act.
helen.g Digitally signed by
helen.gouzvaris
ouzvarisDate: 2021.06.16
14:18:05 +10'00'
H Gouzvaris
Accredited Decision Maker
Navy Group