FA 22 12 01090 Decision Record Banner.pdf

13 April 2023
Rex Banner
BY EMAIL:  xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:  FA 22/12/01090
File Number:
FA22/12/01090
Dear Rex Banner,
Freedom of Information (FOI) request – Access Decision
On 21 December 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 access to documents relating to the design, procurement, staffing (head count
numbers, including contracting but redact names of people), invoices & expenses and
any security and/or privacy assessment of the Virtual APEC Business Travel Card
(VABTC).

Please note that this request explicitly does not want personal information.

I would be grateful if you could confirm receipt of this request and provide a response
within the statutory time frame of 30 days. I agree in advance to a 12 day extension of
time if needed.
On 22 December 2022 the Department issued you a notice under section 24AB of the FOI Act.
In response, you agreed to change the scope of your request to be:
The privacy impact assessment of the Virtual APEC Business Travel Card (VABTC) in
the date range 2020-01-01 to 2022-12-22.
In line with your original request, the Department has interpreted in the scope of your request to
be the privacy or security impact assessment related to the VABTC.

808 Bourke Street, Docklands 3008
• xxx@xxxxxxxxxxx.xxx.xx  • www.homeaffairs.gov.au

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
4
Document in scope of request
The Department has identified one document as falling within  the scope of  your request. This
document was  in  the possession of the Department on 21 December 2022 when  your request
was received.
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:
•  Exempt one document in full from disclosure
6
Reasons for Decision
My  findings of fact and reasons for deciding that the exemption provision applies to that
information are set out below.
6.1  Section 33 of the FOI  Act – Documents affecting National Security, Defence or
International Relations
Section 33(a)(i) of the FOI Act permits exemption of a document if disclosure of the document
would, or could reasonably be expected to cause damage to the security of the Commonwealth.
For the reasons set out below, I  consider that there are real and substantial grounds for expecting
that the disclosure of the documents exempted under section 33(a)(i) would cause damage to
the security of the Commonwealth.
National Security
‘Security’ is  a concept with  a fluctuating content which can depend upon the circumstances as
they exist from time to time.1 ‘Security of the Commonwealth’ is defined in section 4(5) of the FOI
Act as follows:


1 Church of Scientology v Woodward (1982) 154 CLR 25 at [19].
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(5)  Without limiting the generality of the expression security of the Commonwealth,
that expression shall be taken to extend to:
(a)
matters relating to the detection, prevention or suppression of activities,
whether within Australia or outside Australia, subversive of, or hostile to, the
interests of the Commonwealth or of any country allied or associated with
the Commonwealth; and …
I  also consider that the definition of ‘security’ in the Australian Security and Intelligence
Organisation Act 1979 is relevant.2 That Act defines ‘security’ as:
(a)  The protection of, and of the people of, the Commonwealth and the
several States and Territories from:
(i)
Espionage
(ii)
Sabotage
(iii)  Politically motivated violence
(iv)  Promotion of communal violence
(v)  Attacks on Australia’s defence system; or
(vi)  Acts of foreign interference;
Whether directed from, or commit ed within, Australia or not; and
(aa)  the protection of Australia’s territorial and border integrity from
serious threats; and
(b)  The carrying out of Australia’s responsibilities to any foreign country
in relation to a matter mentioned in any of the subparagraphs of
paragraph (a) or the matter mentioned in paragraph (aa).
I  consider that the disclosure of the information contained within the document that I  regard as
exempt under s 33(a)(i) could cause reasonably be expected to cause damage to the security of
the Commonwealth by compromising operational functions of the Department of Home  Affairs.
The document in scope of your request would expose details of the architecture of the VABTC
that criminal groups or bad state actors could use to exploit potential vulnerabilities in the VABTC,
and the Department’s broader ICT environment. As such I  have decided that the document is
exempt in full from disclosure under section 33(a)(i) of the FOI Act.
International Relations
Section 33(a)(i i) of the FOI Act permits exemption of a document if disclosure of the document
would, or could reasonably be expected to cause damage to the international relations of the
Commonwealth.
The phrase 'international relations' has been interpreted as meaning the ability of the Australian
Government to maintain good working  relations with  other governments and international
organisations and to protect the flow of confidential information between them.  The expectation
of damage to international relations must be reasonable in all the circumstances, having regard
to the nature of the information; the circumstances in which it was communicated; and the nature
and extent of the relationship.   There must be real and substantial grounds for the conclusion
that are supported by evidence.


2 See Staats and National Archives of Australia [2010] AATA 531 at [99].
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I  consider that the  release of  the information marked 's33(a)(i i)' in the document(s) would,  or
could reasonably be expected to cause damage to the Australian Government's international
relations.
As previously stated, release of the document in scope of your request would expose details of
the architecture of the VABTC that criminal groups or bad state actors could use to exploit
potential vulnerabilities in the VABTC. I  am satisfied that if this were to occur, the document could
reveal confidential information relating to 21 other economies (member states). If information that
compromised the security of these other states was released, it is highly probable that these
states would lose trust in the Australian Government and  its  agencies. Any such loss of trust
could reasonably be expected to result in a reluctance of other countries to share confidential
information and or work in partnership with the Australian Government which could reasonably
be expected to damage  the Australian Governments future ability to form inter-government
partnerships on issues such as trade, defence, travel and migration. As such I have decided that
the information redacted and  marked 's33(a)(iii)" is exempt  from disclosure under section
33(a)(i i) of 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
Internal Review
If  you disagree with  this decision, you have the right to apply for an internal review by the
Department of this decision. Any request for internal review must be provided to the Department
within 30 days of you being notified of the decision.  Where possible please attach reasons why
you believe a review of the decision is necessary.  The internal review wil   be carried out by an
officer other than the original decision maker and the Department must make a review decision
within 30 days.
Applications for review should be sent to:
By email to: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
OR
By mail to:
Freedom of Information Section
Department of Home Affairs
PO Box 25
BELCONNEN   ACT  2617
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@xxxxxxxxxx.xxx.xx.

Yours sincerely,

Callan
Position number 60158037
Authorised Decision Maker
Department of Home Affairs

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