Statement of reasons
Searches conducted by the department identified documents within the scope of your revised
request. Following consideration of the documents I have concluded that, if your request was
processed within the statutory period, I would have decided to
release in part the material
relevant to your request for the reasons below.
In reaching this conclusion I have taken into account the terms of your request, the documents
found to be within the scope of your request, the FOi Act, and the Guidelines issued by the
Australian Information Commissioner under section 93A of the FOi Act. Sections of the FOi Act
referred to in my letter can be found on line at www.legislation.gov.au.
Deliberative processes (section 47C of the FOi Act)
Section 47C of the FOi Act conditionally exempts deliberative matter. Deliberative matter is
content that is in the nature of, or relating to either a) opinion, advice or recommendations that
has been obtained, prepared or recorded; or b) a consultation or deliberation that has taken
place, in the course of, or for the purpose of, a deliberative process of the government, agency or
minister.
I have decided that some material contained within the documents is conditionally exempt under
section 47C, as it contains deliberative matter associated with the processing of your previous FOi
request. I am satisfied that the conditionally exempt material is information that is not purely
factual or operational information.
Substantial adverse effect on the operations of the department (section 47E{d) of the FOi Act)
Under section 47E(d) of the FOi Act, a document is 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 have decided that some material contained within the documents is conditionally exempt under
section 47E(d), as its release could have a substantial adverse effect on the operations of the
department. Specifically, release of this material could adversely affect the department's
processes for the preparation of country information reports and the processing of FOi requests.
Public interest considerations
As exemptions under sections 47C and 47E(d) of the FOi Act are conditional, section llA(S) of the
FOi Act requires access to be granted to a conditionally exempt document unless access would, on
balance, be contrary to public interest.
In applying the public interest test, I have considered the factors favouring disclosure, including
promoting the objects of the FOi Act, informing debate on a matter of public importance, and
promoting effective oversight of public expenditure.
I have also considered the public interest factors against disclosure, including that disclosure could
reasonably be expected to prejudice the department's processes for the preparation of country
information reports and the processing of FOi requests.
Attachment
Your review rights
Australian Information Commissioner
You may apply within 60 days of the date of this letter to the Australian Information Commissioner
to review my decision {section 54L of the FOi Act).
You may also make a complaint to the Australian Information Commissioner about the
Department's actions in relation to this decision {section 70 of the FOi Act). Making such a
complaint about the way the Department has handled your FOi request is a separate process to
seeking review of my decision.
Further information on applying for an Australian Information Commissioner review is available at:
https:ljwww.oaic.gov.au/freedom of information/foi review-process
Further information about how to make a complaint is available at:
http://www.oaic.gov.au/freedom of information/foi complaints
