16 May 2023
Lucas Baird
BY EM AIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 22/11/00673
File Number:
FA 22/11/00673
Dear Lucas Baird
Freedom of Information (FOI) request – Access Decision
On 11 November 2022, the Department of Home Affairs (the Department) received a request for
access to document 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 document:
I request, under the purposes of the Freedom of Information Act, any and all written
communication between Optus and Home Affairs about its data breach in the week
starting September 19. I also request any minutes made of any phone
calls/meetings with representatives of Optus, and a log of said phone calls..
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 document or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
the terms of your request
the document 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
document to which you sought access
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 Telephone: 02 6264 1111
www.homeaffairs.gov.au
4
Document in scope of request
The Department has identified ten documents as falling within the scope of your request. These
documents were in the possession of the Department on 11 November 2022 when your request
was received.
Attachment A is a schedule which describes the relevant document and sets out my d ecision in
relation to each of them.
5
Decision
The decision in relation to the document in the possession of the Department which fall within
the scope of your request is as follows:
Release ten documents in part.
6
Reasons for Decision
Detailed reasons for my decision are set out below.
Where the schedule of documents indicates an exemption claim has been applied to a document
or part of document, 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.
On 14 November 2022, 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.
Parts of the documents also contain the personal contact details of SES staff of the Department
and of the names and personal contact details of contractors of the Department. I consider this
information also to be irrelevant to your FOI request.
I have decided that parts of documents as mentioned above and 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)(ii) of the FOI Act.
The remainder of the documents have been considered for release to you as they are relevant
to your request.
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6.2 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 effect on the proper and
efficient conduct of the operations of an agency.
I consider that the disclosure of parts of documents 7 and 13 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 and that of its contractors.
Managing the security and integrity of Australia's borders is integral to the operat ions 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 result in the need for this Department, and potentially its law
enforcement partners, to change those methods and/or procedures to avoid jeopardising their
future effectiveness.
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 vexatiou s 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.
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 6.5 below.
6.3 Section 47F of the FOI Act – Personal Privacy
Section 47F of the FOI Act provides that a document is conditionally exempt if its disclosure
under the FOI Act would involve the unreasonable disclosure of personal information of any
person. ‘Personal information’ means information or an opinion about an identified individual, or
an individual who is reasonably identifiable, whether the information or opinion is true or not, and
whether the information or opinion is recorded in a material form or not (see section 4 of the FOI
Act and section 6 of the
Privacy Act 1988).
I consider that disclosure of the information marked 's47F' in the documents would disclose
personal information relating to a third party, Optus.
The FOI Act states that, when deciding whether the disclosure of the personal information would
be ‘unreasonable’, I must have regard to the fol owing four factors set out in s.47F(2) of the
FOI Act:
the extent to which the information is well known;
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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;
the availability of the information from publicly available resources;
any other matters that I consider relevant.
I have considered each of these factors below.
The information relating to the third parties is not well known and would only be known to a limited
group of people with a business need to know. As this information is only known to a limited
group of people, the individual(s) concerned is/are not genera lly known to be associated with the
matters discussed in the document. This information is not available from publicly accessible
sources.
I do not consider that the information relating specifically to the third party would be relevant to
the broader scope of your request, as you are seeking access to communication between Optus
and the Department of Home Affairs rather than information, which exclusively relates to the
names and contact details of Optus staff.
I am satisfied that the disclosure of the information within the documents would involve an
unreasonable disclosure of personal information about Optus.
I have decided that the information referred to above is conditionally exempt under section 47F
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 6.5 below.
6.4 Section 47G of the FOI Act – Business Affairs
Section 47G(1)(a) of the FOI Act permits conditional exemption of documents containing
business information where disclosure of that information would, or could reasonably be
expected to, unreasonably affect the organisation adversely in respect of its lawful business,
commercial or financial affairs.
I have considered that document number 3 contains information concerning the business affairs
of Optus.
The information is in the nature of an email containing confidential business information.
In determining whether disclosure of the information within the documents would or could
reasonably be expected to adversely affect the lawful business, commercial or financial affairs of
an organisation, I have had regard to the following factors:
(a)
The extent to which the information is well known;
(b)
Whether the organisation or undertaking is known to be associated with the
matters dealt with in the documents;
(c)
The availability of the information from publicly accessible sources; and
(d)
Any other matters that the Department considers relevant.
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The information contained within these documents is not in the public domain, the organisation
concerned is not generally known to be associated with the matters referred to in these
documents, and the information is not available from publicly accessible sources, such as the
organisation's website. I am therefore satisfied that the disclosure of the information would, or
could reasonably be expected to, unreasonably affect that organisation in respect of its lawful
business, commercial or financial affairs.
I have decided that the document referred to above are conditionally exempt under section 47G
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 6.5 below.
6.5 The public interest – section 11A of the FOI Act
As I have decided that parts of the document 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 document would promote the objects of the FOI Act.
The subject matter of the document 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 very narrow section of the public.
No insights into public expenditure will be provided through examination of the document.
You do not require access to the document in order to access your own personal
information.
I have also considered the following factors that weigh against the release of the conditionaly
exempt information in the documents:
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
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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.
Disclosure of the personal information, in this case Optus which is conditionally exempt
under section 47F of the FOI Act could reasonably be expected to prejudice the protection
of Optus’ right to privacy.
While you may be aware of the personal information relating to the third party, their
information is not well known to the public generally. These documents are not available
from publicly accessible sources. I have had regard to the fact that disclosure of information
under the FOI Act must be considered a disclosure to the world at large and not just to you
as the applicant.
The Department is committed to complying with its obligations under the Privacy Act 1988,
which sets out standards and obligations that regulate how the Department must handle
and manage personal information. It is firmly in the public interest that the Department
uphold the rights of individuals to their own privacy and meets its obligations under the
Privacy Act. I consider that non-compliance with the Department’s statutory obligations
concerning the protection of personal information would be contrary to the public interest
and that this factor weighs strongly against disclosure.
Disclosure of the parts of the documents that are conditionally exempt under section 47G
of the FOI Act could reasonably be expected to prejudice the competitive commercial
activities of third party organisations. I consider that this would be contrary to the public
interest and that this factor weighs strongly against disclosure.
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.
Upon balancing all of the above relevant public interest con siderations, 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.
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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 r eview to the OAIC, please see
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-
commissioner-review/.
9
M aking 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 i s
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 Smith
Acting SESB1 PN 60161911
Department of Home Affairs
E:
xxx@xxxxxxxxxxx.xxx.xx
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ATTACHM ENT A
SCHEDULE OF DOCUM ENTS
REQUEST UNDER FREEDOM OF INFORMATION ACT 1982
FOI request: FA 22/11/00673
File Number: FA 22/11/00673
Document Description
No.
Decision on release
1
Scope above(refers)
Irrelevant deletions s22(1)(a)(ii)
Exempt in part
s47F(1)
2
Scope above(refers)
Irrelevant deletions s22(1)(a)(ii)
Exempt in part
s47F(1)
3
Scope above(refers)
Irrelevant deletions s22(1)(a)(ii)
Exempt in part
s47F(1), s47G
4
Scope above(refers)
Irrelevant deletions s22(1)(a)(ii)
Exempt in part
s47F(1), s47E(d)
5
Scope above(refers)
Irrelevant deletions s22(1)(a)(ii)
Exempt in part
s47F(1)
6
Scope above(refers)
Irrelevant deletions s22(1)(a)(ii)
Exempt in part
s47F(1), s47E(d)
7
Scope above(refers)
Irrelevant deletions s22(1)(a)(ii)
Exempt in part
s47F(1)
8
Scope above(refers)
Irrelevant deletions s22(1)(a)(ii)
Exempt in part
s47F(1)
9
Scope above(refers)
Irrelevant deletions s22(1)(a)(ii)
Exempt in part
s47F(1)
10
Scope above(refers)
Irrelevant deletions s22(1)(a)(ii)
Exempt in part
s47F(1)
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