14 June 2022
Ms Regina Jefferies
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 21/12/00862
File Number:
OBJ2021/36548
Dear Ms Jefferies
Freedom of Information (FOI) request – Access Decision
On 21 December 2021, 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:
I respectfully request under FOI the following information from the period of
15 March 2020 until the date of this request (20 December 2021):
(1) A copy of any current instructions or guidance documents provided (or
otherwise made available) to airlines and airline employees regarding COVID-19
related Outward Travel Restrictions.
(2) A copy of any historical instructions or guidance documents provided (or
otherwise made available) to airlines and airline employees regarding COVID-19
related Outward Travel Restrictions.
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 • 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 12 documents as falling within the scope of your request. These
documents were in the possession of the Department on 21 December 2021 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.
Please note that section 4(1)(d) of the FOI Act provides that a document for the purpose of the
FOI Act does not include material maintained for reference purposes that is otherwise publicly
available. The documents identified as falling within the scope of your request therefore exclude
those that have already been published by the Department or elsewhere.
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 one document in full
• Release 11 documents in part with deletions
6
Reasons for Decision
Detailed reasons for my decision are set out below.
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.
As your request relates specifically to outwards travel, information that only relates to inwards
travel is considered irrelevant to your request. However, information that could relate to either or
both inwards and outwards travel is generally considered to be relevant.
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On 22 December 2021, 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)(i )’ 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)(i ) of the FOI Act.
The remainder of the documents have been considered for release to you as it is relevant to your
request.
6.2 Section 22 of the FOI Act – deletion of exempt material
I have decided to prepare an edited copy of the documents. The grounds upon which the edited
copies of these documents have been prepared are set out in the Schedule.
6.3 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 ef ect 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 require this Department, and potentially its law enforcement
partners, to change those methods and/or procedures to avoid jeopardising their future
effectiveness.
Some 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.
Some information contained in the documents relates to matters that may be used to inform and
determine the involvement of law enforcement agencies, including but not restricted to the
Department, in the proper exercise of their lawful functions, particularly in relation to the
maintenance of border control functions. I consider that disclosure of this information would,
or could reasonably be expected to, facilitate the subversion of these functions and that this
would have a substantial adverse effect on the proper and efficient conduct of operations of the
Department and other law enforcement agencies to uphold the integrity of Australia’s borders.
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Some information contained in the documents relates to assessing the status and/or validity of
certain documents relating to cross-border movements. I consider that disclosure of this
information would, or could reasonably be expected to, facilitate the subversion of screening and
authentication processes for such documents and that this would, or could reasonably be
expected to, have a substantial adverse effect on the proper and efficient functions of the
Department in upholding the integrity of Australia’s borders.
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.
6.4 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.
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 not seem to have a general characteristic
of public importance. The matter has a limited scope and, in my view, would be of
interest to a narrow section of the public.
•
No insights into public expenditure wil be provided through examination of the
documents.
•
You do not require access to the documents in order to access your own personal
information.
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I have also considered the following factors that weigh against the release of the conditionally
exempt information in the documents:
•
Disclosure of the parts of the documents that are conditionally exempt under
section 47E(d) of the FOI Act would, or could reasonably be expected to, prejudice
law enforcement functions and, as a result, the ability of the Department and other
enforcement agencies to management and protect Australia's borders. I consider
there to be a strong public interest in ensuring that the ability of these agencies to
conduct their law enforcement functions is not compromised or prejudiced in any way.
I consider that this would be contrary to the public interest and that this factor weighs
strongly against disclosure.
•
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.
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.
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
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
https:/ www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-
commissioner-review/.
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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.
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.
Yours sincerely
Joe
Position no. 60128352
Authorised Decision Maker
Department of Home Affairs
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