DEFENCE FOI 261/21/22 STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT
1.
I refer to the application by Ben McKelvey under the
Freedom of Information Act 1982
(FOI Act) for access to:
“Access to a document in which the number of EKIA due to Australian operations in
Afghanistan has been collated and similar documentation which includes the number
of civilian and collateral deaths.”
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 no documents as matching the description of the request.
Decision
4.
I have decided to refuse access to the request under subparagraph
24A(1)(b)(ii)[Requests may be refused if documents cannot be found, do not exist or have not
been received] 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; and
d. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines).
Section 24A(l) - Requests May Be Refused
6.
Section 24A(l) of the FOI Act states:
Requests may be refused if documents cannot be found, do not exist or have not been
received
Document lost or non-existent
(1)
An agency or Minister may refuse a request for access to a document if:
(a)
all reasonable steps have been taken to find the document; and
Defending Australia and its National Interests
2
(b)
the agency or Minister is satisfied that the document:
(i)
is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
7.
The Guidelines, at paragraphs 3.85 to 3.94 provide guidance on the steps that should be
taken by Agencies to find a document and the considerations for refusing a request if
documents cannot be found or do not exist.
8.
To ensure that ‘all reasonable steps’ have been taken in this request, every reasonable
avenue of locating the documents has been exhausted. The details of these searches are
outlined below.
9.
Headquarters Joint Operations Command, in consult with relevant areas of the
Department, conducted searches on Objective, Defence’s document and record management
system, servers containing historic operational data and other relevant repositories. No
records were located relating to, or containing, aggregated lists of enemy killed in action or
the number of civilian and collateral deaths.
10. I am satisfied that ‘all reasonable steps’ have been taken to locate the documents sought
by the applicant. I am satisfied that the documents cannot be found or do not exist, and refuse
access to this request under section 24A(l) of the FOI Act.
Colonel Christopher Austin
Accredited Decision Maker
Headquarters Joint Operations Command