CRM2022 1176 LEX757 Decision.pdf

Our ref: CRM2022-1176 (LEX757)

7 July 2022

Me
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Attention: Me (Right to Know)

Freedom of Information request

I refer to your request dated 2 May 2022 made under the Freedom of Information Act 1982
(the Act).

Attached at Annexure A to this letter is my decision and statement of reasons for that
decision. A schedule of documents identified as falling into the scope of your request is at
Annexure B.

I have decided to publish the documents in part. Publication of the documents will be made
on the AFP website at https://www.afp.gov.au/about-us/information-publication-
scheme/routinely-requested-information-and-disclosure-log in accordance with timeframes
stipulated in section 11C of the Act.

Yours sincerely

Matt Baillie
Principal Lawyer
Freedom of Information and Privacy
Chief Counsel Portfolio

FREEDOM OF INFORMATION

Australian Federal Police

ABN 17 864 931 143
GPO Box 401 Canberra City ACT 2601
|
afp.gov.au
|
Email: xxx@xxx.xxx.xx

ANNEXURE A

STATEMENT OF REASONS RELATING TO AN FOI REQUEST BY
ME (RIGHT TO KNOW)

I, Matt Baillie, Principal Lawyer- Freedom of Information and Privacy, am an officer authorised
under section 23 of the Act to make decisions in relation to the Australian Federal Police
(AFP).

What follows is my decision and reasons for the decision in relation to your request.

BACKGROUND

On 2 May 2022, the AFP received your request in the following terms:

“I would like to request documents relating to the AFP Women's Network (whatever it
might be called) for the financial year 2020-2021, and from 1 July 2021 until the date of
this request.
I would like to request 3 categories of documents.

Governance
The first is governance documents. This would include governance documents that applied
to the Women's Network in the time period above, even if the documents themselves are
dated earlier, such as:
- terms of reference
- membership policy
- strategic documents setting out the goal / purpose of the network
- other policy documents concerned with the Women's Network
Only final versions that were in effect during the time above are necessary.

Secretariat
The second category is secretariat documents. This would include:
- meeting agendas
- meeting minutes
- action items (if not included in the minutes)
- presentations and other documents (if not included in the minutes)
- a forward work plan
- a decision register.
Only final versions are necessary.

Finance
The third category is finance documents. For the time period above, I would like the
minimum number of documents required to know what the Women's Network spent and
what it was spent on. Alternatively, I would be satisfied if the AFP created a document
summarising this information and provided that.
This would include catering IWD functions, funding for employees to attend activities such
as conferences (travel costs, conference costs, etc.), money provided as a grant or subsidy
in some way, and similar. Actual expenditure only, not staff time etc.

Lastly, I would like to request a copy of the document titled something like 'Diversity &
Inclusion Strategy 2016-2026'. This document includes goals or targets for % of women
police and similar.
While I generally agree to non-SES details being redacted, I would expect any Women's
Network 'office holders' names to be included, even if they are not SES.”

On 25 May 2022, an extension of time was granted by the Office of the Australian Information
Commissioner (OAIC) pursuant to section 15AB of the Act to notify you of a decision by 1 July
2022.

On 5 July 2022, we applied for an extension of time of seven (7) days with OAIC pursuant to
section 15AC of the Act to notify you of a decision by 8 July 2022. We apologise for the delay
in providing a decision to you and thank you for your patience and understanding.

SEARCHES

Searches for documents were undertaken by the FOI team and included but were not limited
to causing a search of all records held by AFP appointees with responsibility for matters
relating to the documents to which you sought access.

WAIVER OF CHARGES

Given the request was retrievable through the AFP’s ordinary systems, I am waiving any charges
associated with the processing of applications under the Act.

EVIDENCE/MATERIAL ON WHICH MY FINDINGS WERE BASED

In reaching my decision, I have relied on the following:

  the scope of your request;
  the contents of the documents identified as relevant to the request;
  advice from AFP officers with responsibility for matters contained in the
documents;
  the Act; and
  the guidelines issued by the Office of the Australian Information Commissioner
under section 93A of the Act.

DECISION

I have identified 18 documents relevant to your request.

I have decided to:

  release four (4) documents to you in full with irrelevant material deleted pursuant to
section 22(1)(a)(ii) of the Act;
  release seven (7) documents in part with deletions pursuant to sections 22(1)(a)(ii),
47E(c) and s47E(d) of the Act; and
  refuse access to seven (7) documents, pursuant to section 47E(c) of the Act.

A schedule of each of document and details of my decision in relation to each document is at
Annexure B.

My reasons for this decision are set out below.

REASONS FOR DECISION

Material to which section 22(1)(a)(ii) applies:

Section 22(1)(a)(ii) of the Act provides that:

“(1)
Where:
(a)
an agency or Minister decides:
(ii)
that to grant a request for access to a document would
disclose information that would reasonably be regarded as
irrelevant to that request;”

Parts of the documents contain information which is considered irrelevant to your request,
specifically information relating to AFP Diversity and Inclusion groups that are not the
National Women’s Advisory Network.

Accordingly, I find parts of the documents would be reasonably regarded as irrelevant to the
request under section 22(1)(a)(ii) of the Act.

Material to which section 47E(c) applies:

Section 47E(c) of the Act provides that:

“A document is conditionally exempt if its disclosure under this Act would, or could
reasonably be expected to, do any of the following:

…
(c)
have a substantial adverse effect on the management or assessment
of personnel by the Commonwealth, by Norfolk Island or by an
agency.”

The FOI Guidelines at paragraph [6.114] state the following in respect of section 47E(c):
For this exemption to apply, the documents must relate to either:
-
the management of personnel – including the broader human resources
policies and activities, recruitment, promotion, compensation, discipline,
harassment and occupational health and safety

-
the assessment of personnel – including the broader performance
management policies and activities concerning competency, in-house
training requirements, appraisals and underperformance, counselling,
feedback, assessment for bonus or eligibility for progression (footnotes
omitted).

Staff names and direct contact information

Parts of the documents have been identified as being exempt under section 47E(c). This material
contains the names, direct contact information and images of AFP appointees below the level of
Senior Executive Service.

The AFP is a key agency responsive for Australia’s National Security Framework. Primary areas of
the AFP responsibility include:

  federal policing: protecting Australian’s from the threat of terror attach, investigating
and prosecuting large-scale internal drug trafficking and serious organised crime;
  national security: security airports, Parliament, key Commonwealth establishments and
keeping Australian and foreign dignitaries safe; and
  international police assistance.

The AFP receives around 800 FOI requests annually and is required by the Act to publish the
documents it releases on its disclosure log, with limited exceptions. Even if information is not
published on the Disclosure Log, the Act does not limit or restrain the further dissemination of
that information by applicants or ensure the security of the information in future. The
internet allows any person to publish information online, which becomes a permanent record
that is available to anyone in the world.

The information I have identified as conditionally exempt could publicly identify appointees
not only as working for the AFP, but their work location and activities. The permanence of an
online footprint means that information online can impact an individual in the future. In that
regard, I note that AFP appointees typically work across different areas of the agency in their
careers and may work in operationally areas with increased risk the future.

Through a specific online picture gained by linking information released under the Act to
information that is available online or in public records, now or in the future, those who wish
to harm an employee could identify them and potentially approach them in the community.
This risk is not far-fetched. In September 2014, Australia’s national security threat level was
raised to probable, and law enforcement personnel have been target of particular planned
and actual attacks in Australia. There is therefore a current heightened threat to both
operational and non-operational employees of the AFP.

The AFP has a primary duty of care to ensure, so far as reasonably practicable, the health and
safety of workers and others who may be affected by the AFP’s business or undertaking.
Among other things, this duty requires the AFP to take steps to eliminate, or if elimination is
not possible, manage risks to the health and safety of these workers. The release of names of
AFP appointees, particularly with their contact details, could easily allow for their identities to
be ascertained. If these identities are ascertained, there is not only an immediate risk to their
health and safety, but an ongoing risk as once their identity is disclosed to the public, that
information cannot be retracted or its further circulation controlled. Therefore, releasing
names not only presents an immediate risk to AFP appointees, but the loss of control of the
information presents an ongoing risk which undermines the AFP’s ability to continue to
manage the health and safety of workers.
I consider that release of this information, in response to this request, would therefore have a
significant effect on the wellbeing and morale of staff, which, in turn, impacts the AFP’s ability
to recruit and maintain personnel. Appointees should be confident that the AFP is taking all
possible steps to ensure they are safe from harm as a result of their work, including ensuring
that their identity as AFP employees is not released in an unrestricted way. Accordingly, I am of
the opinion that to release this information could have a substantial adverse effect on the
conduct of management of personnel within the AFP.

However, I must give access to this information unless, in the circumstances, access at this time
would be contrary to the public interest.

I have considered the following factors favouring disclosure:

(a)
the general public interest in access to documents as expressed in sections 3 and
11 of the Act;  and
(b)
the public interest in people being able to scrutinise the operations of a
government agency and in promoting governmental accountability and
transparency.

I have considered the following factor favouring disclosure:

(c)
prejudice to the safety and welfare of AFP appointees;
(d)
prejudice to the AFP’s ability to comply with work health and safety obligations;
and
(e)
release may have a substantial adverse effect on the management and assessment
of personnel in future.

While  there  is  a  general  public  interest  in  providing  access  to  documents  held  by  the  AFP,
disclosing  the  names  of  AFP  appointees  provides  comparatively  few  benefits  in  the  way  of
transparency or accountability.  Consequently, I have given greater weight to factors (c) to (e)
above, and conclude that on balance, disclosure is not in the public interest. I consider the need
to  ensure  the  continued  effectiveness  of  assessment  and  management  processes  and
procedures of its personnel weighs against disclosure.

Accordingly, I find parts of the document is exempt under section 47E(c) of the Act.

Assessment of future personnel

Entire documents and parts of the documents identified in the schedule contain information
relevant to the AFP’s consideration of internal staff policy formulation.

These considerations involve the review of staff surveys and statistical information. The
confidential nature of these methods and sources are crucial to their effectiveness in future AFP
staffing policies, recruitment and ongoing assessment of personnel. AFP staff surveys provide an
opportunity for an AFP appointee to give frank and honest feedback about their work
environment and agency itself, done so under the presumption all details will remain strictly
confidential.

If they were to become widely known, it would or could reasonably be expected to, have a
substantial adverse effect on the management of personnel and affect AFP appointees’
willingness to fully and frankly participate in these processes in future. I am satisfied the
information is conditionally exempt on the basis that its release would have a substantial adverse
effect on the management or assessment of personnel by the AFP.

Again, I must give access to this information unless, in the circumstances, access at this time
would be contrary to the public interest.

I have considered the following factors favouring disclosure:

(a)
the general public interest in access to documents as expressed in sections 3 and
11 of the Act; and
(b)
the public interest in people being able to scrutinise the operations of
a government agency and in promoting governmental accountability
and transparency.

I have considered the following factors against disclosure:

(c)
the need for an agency to maintain confidentiality in assessing its personnel
and the circumstances in which the information was obtained; and

(d)
that if information concerning the procedures was revealed, it may have a
substantial adverse effect on the management and assessment of personnel in
future.

I agree that how a government agency is managing its workforce is a matter of public
interest, and releasing the documents relating to AFP staff surveys would encourage greater
accountability and transparency in this area. However,  I have given greater weight to the
harms that would flow from disclosure, set out in factors (c) and (d) above, and conclude that
on balance, disclosure is not in the public interest. I consider the need to ensure the
continued effectiveness of assessment and management processes and procedures of its
personnel weighs against disclosure. Accordingly, I find documents and parts of the
documents as identified in the schedule are exempt pursuant to section 47E(c) of the Act.

Material to which section 47E(d) applies:

Section 47E(d) of the Act provides that:

“A document is conditionally exempt if its disclosure under this Act would, or could
reasonably be expected to, do any of the following:

…
(d)
have a substantial adverse effect on the proper and efficient conduct
of the operations of an agency;…”

The documents or parts of documents identified as exempt under this section of the Act
contain information, the release of which, would have a substantial adverse effect on the
conduct of AFP operations – specifically, the AFP’s expected functions as a law enforcement
agency.

The parts of the documents identified as exempt under this section of the Act contain
information, the release of which, would have a substantial adverse effect on the conduct of
AFP operations, specifically its operational functions as a law enforcement agency. The
information redacted under this section of the Act reveals internal AFP email addresses and
contact details. These contact details are not widely known and to disclose this information
would impact on the AFP’s day to day operations by resulting in the diversion of AFP
resources to responding to unsolicited correspondence received through those points of
contact.

However, I must give access to this information unless, in the circumstances, access at this
time would be contrary to the public interest.

I have considered the following factors favouring disclosure:

(a)
the general public interest in access to documents as expressed in sections 3 and
11 of the Act; and
(b)
the public interest in people being able to scrutinise the operations of a
government agency and in promoting governmental accountability and
transparency.

I have considered the following factors against disclosure:

(c)
the need for the agency to maintain the efficiency of current procedures:
(d)
that if information concerning internal contact details were revealed, it may have
a substantial adverse effect on the conduct of AFP operations in the future; and

(e)
if such information was disclosed, it would divert AFP resources from the proper
conduct of their expected operations.

While there is a public interest in providing access to documents held by the AFP, I have given
greater weight to factors (c), (d) and (e) above and conclude that on balance, disclosure is not in
the  public  interest,  given  the  need  to  ensure  public  safety  during  police  operations  and  the
effectiveness  of  current  procedures.  Accordingly,  I  find  that  the  documents  or  parts  of  the
documents are exempt under section 47E(d) of the Act.

***YOU SHOULD READ THIS GENERAL ADVICE IN CONJUNCTION WITH THE LEGISLATIVE
REQUIREMENTS IN THE FREEDOM OF INFORMATION ACT 1982***

REVIEW AND COMPLAINT RIGHTS

If you are dissatisfied with a Freedom of Information decision made by the AFP, you can apply
either for internal review of the decision, or for a review by the Information Commissioner (IC).
You do not have to apply for internal review before seeking review by the IC.

For complaints about the AFP’s actions in processing your request, you do not need to seek
review by either the AFP or the IC in making your complaint.

REVIEW RIGHTS under Part VI of the Act

Internal review by the AFP

Section 54 of the FOI Act gives you the right to apply for internal review of this decision. No
particular form is required to make an application for internal review, however, an application
needs to be made in writing within 30 days of this decision. It would assist the independent AFP
decision-maker responsible for reviewing the file if you set out in the application, the grounds on
which you consider the decision should be reviewed.

Section 54B of the FOI Act provides that the internal review submission must be made within
30 days. Applications may be sent by email (xxx@xxx.xxx.xx) or addressed to:

Freedom of Information
Australian Federal Police
GPO Box 401
Canberra ACT 2601

REVIEW RIGHTS under Part VII of the Act

Review by the Information Commissioner

Alternatively, section 54L of the FOI Act gives you the right to apply directly to the IC for review of
this decision. In making your application you will need to provide an address for notices to be
sent (this can be an email address) and a copy of the AFP decision.

Section 54S of the FOI Act provides the timeframes for an IC review submission. For an access
refusal decision covered by section 54L(2), the application must be made within 60 days. For an
access grant decision covered by section 54M(2), the application must be made within 30 days.

Applications for IC review may be lodged by email (xxxxx@xxxx.xxx.xx), using the OAIC’s online
application form (available at www.oaic.gov.au) or addressed to:

Office of the Australian Information Commissioner

GPO Box 5128

Sydney NSW 2001

The IC encourages parties to an IC review to resolve their dispute informally, and to consider
possible compromises or alternative solutions to the dispute in this matter. The AFP would be
pleased to assist you in this regard.

Complaint

If you are unhappy with the way we have handled your FOI request, please let us know what we
could have done better. We may be able to rectify the problem. If you are not satisfied with our
response,  you  can  make  a  complaint  to  the  IC.  A  complaint  may  be  lodged  using  the  same
methods  identified  above.  It  would  assist  if  you  set  out  the  action  you  consider  should  be
investigation and your reasons or grounds.

More information about IC reviews and complaints is available on the OAIC’s website at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.

ANNEXURE B
SCHEDULE OF DECISION – CRM 2022/1176 (LEX757)
RELEASE OF DOCUMENTS – ME (RIGHT TO KNOW)

Document Folio
Author
Description
Decision
Reason
No
No
1
1-10
Australian Federal
AFP Cultural Reform –
Released in part
s47E(c)
Police (AFP)
Diversity and Inclusion

Strategy 2016-2026
2
11
AFP
Diversity Council Framework
Released in full

3
12-13
AFP
Diversity Network – Terms of
Released in full
s22(1)(a)(ii)

reference

4
14-15
AFP
National Women’s Advisory
Released in part
s22(1)(a)(ii)
Network information

s47E(c)
s47E(d)

5
16-18
AFP
National Women’s Advisory
Released in part
s22(1)(a)(ii)
s47E(c)
Network committee

s47E(d)

6
19-23
AFP
National Women’s Advisory
Released in part
s47E(c)
Network workshop

ANNEXURE B
Document Folio
Author
Description
Decision
Reason
No
No
7
24-32
AFP
National Women’s Advisory
Released in part
s47E(c)

Network workshop

8
33
AFP
Diversity Network update
Released in full

9
34
AFP
Action card
Released in part
s47E(c)

10
35
AFP
Expenses
Released in full

11
36
AFP
Minutes
Refused in full
s47E(c)

12
37-39
AFP
Email
Refused in full
s47E(c)

ANNEXURE B
Document Folio
Author
Description
Decision
Reason
No
No
13
40-44
AFP
Email
Refused in full
s47E(c)

14
45-49
AFP
Email
Refused in full
s47E(c)

15
50-51
AFP
Email
Released in part
s47E(c)

16
51-54
AFP
Email attachment
Refused in full
s47E(c)

17
55-56
AFP
Email
Refused in full
s47E(c)

18
57-58
AFP
Email
Refused in full
s47E(c)

ACT 1982
THIS DOCUMENT IS DECLASSIFED
AND RELEASED BY THE AUSTRALIAN
FEDERAL POLICE UNDER THE FREEDOM
INFORMATION
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CRM2022/1176 LEX647
FOLIO 17

ACT 1982
THIS DOCUMENT IS DECLASSIFED
AND RELEASED BY THE AUSTRALIAN
FEDERAL POLICE UNDER THE FREEDOM
INFORMATION
OF

Pages 36 through 49 redacted for the following reasons:
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
s 47E(c)
s47E(c)
ACT 1982
THIS DOCUMENT IS DECLASSIFED
AND RELEASED BY THE AUSTRALIAN
FEDERAL POLICE UNDER THE FREEDOM
INFORMATION
OF

ACT 1982
THIS DOCUMENT IS DECLASSIFED
AND RELEASED BY THE AUSTRALIAN
FEDERAL POLICE UNDER THE FREEDOM
INFORMATION
OF

s 47E(c)
ACTING SENIOR TEAM LEADER
AUSTRALIAN HUMAN RIGHTS COMMISSION PARTNERSHIP
PEOPLE AND CULTURE COMMAND
Tel:
s 47E(c)
www.afp.gov.au

ACT 1982
THIS DOCUMENT IS DECLASSIFED
AND RELEASED BY THE AUSTRALIAN
FEDERAL POLICE UNDER THE FREEDOM
INFORMATION
OF

2
CRM2022/1176 LEX647
FOLIO 51

Pages 52 through 58 redacted for the following reasons:
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
s47E(c)
ACT 1982
THIS DOCUMENT IS DECLASSIFED
AND RELEASED BY THE AUSTRALIAN
FEDERAL POLICE UNDER THE FREEDOM
INFORMATION
OF