14 April 2023
Anon
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 23/01/00787
File Number:
FA23/01/00787
Dear Anon,
Freedom of Information (FOI) request – Access Decision
On 13 January 2023, 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:
From the Recruitment SESB1 promotions, APSjobs reference VN-0696391, I would
like to view the business case(s), requisition and selection methodology and job
advertisement pertaining to and in the lead up to promotions advertised in APS
Weekly Gazette,12 Jan 2023.
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.
3
Relevant material
In reaching my decision I referred to the following:
• the terms of your request
• the FOI Act
• Guidelines published by the Office of the Information Commissioner under section 93A
of the FOI Act (the FOI Guidelines).
808 Bourke Street, Docklands 3008
• xxx@xxxxxxxxxxx.xxx.xx • www.homeaffairs.gov.au
4
Documents in scope of request
The Department has identified two documents as falling within the scope of your request. These
documents were in the possession of the Department on 13 January 2023 when your request
was received.
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 part with deletions
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 47E of the FOI Act – Operations of Agencies
Section 47E(c) 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 management
or assessment of personnel by an agency.
The Department operates in a position of trust within the border environment and as such the
highest standard of conduct must be encouraged and maintained.
The Department's Professional Standards Framework promotes the highest of standards of
professional conduct expected of the Department's workforce. Contained within the professional
standards framework, is the integrity framework which includes measures designed to protect
our workforce from criminal influence and to mitigate the potential for corruption risk. Any
adverse effect to the effectiveness of the Department's ability to manage its personnel within its
integrity framework exposes the Department to potential integrity risk which would result in a
substantial adverse effect on the operations of the Department.
At times, the policy space that this Department operates in can be highly controversial and
divisive and in some circles, an unpopular aspect of government policy. The Department also
operates in a highly sensitive operational environment. As such, affording protection to its staff,
and prospective staff, is a high priority for the Department.
Staff names, and those of people applying to join the Department, are not published outside the
Department in order to protect staff against the risk of inappropriate unsolicited approaches,
personal attack and harassment.
The disclosure of staff names and direct contact details outside the Department could expose
those members of staff, or people seeking to join the Department, to unsolicited approaches by
individuals with criminal affiliations and may result in serious risks to the security and integrity of
the Department's lawful activities. There have also been documented cases of members of staf
of the Department being harassed and receiving personal threats to their safety.
I am therefore satisfied that the likelihood of a threat from unknown individuals to members of
staff is based not based on intangible or hypothetical threats.
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The Department has a primary duty of care to ensure, so far as is reasonably practical, the health
and safety of its officers under the
Work Health and Safety Act 2011 (WHS Act). The Department
must ensure, as far as is reasonably practicable, that the health and safety of other persons is
also not put at risk from work carried out as part of the conduct of the Department.
I am of the view that the disclosure of the names of job applicants contained within the documents
could impact on the ability of the Department to comply with its health and safety obligations
under the WHS Act. This this would, or could reasonably be expected to, have a substantial
adverse effect on the management of personnel by the Department.
I have decided that the documents are conditional y exempt under section 47E(c) 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 6.3 below.
6.2 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).
Document 2 contains the names of people who have applied for a position with the Department
of Home Affairs. I consider that disclosure of the information marked 's47F' in the document
would disclose personal information relating to third parties. The information within the document
would reasonably identify a person, either through names, positions or descriptions of their role
or employment circumstance.
The FOI Act states that, when deciding whether the disclosure of the personal information would
be ‘unreasonable’, I must have regard to the following four factors set out in s.47F(2) of the
FOI Act:
•
the extent to which the information is well known;
•
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 within the Department with a business need to know. As this information is only
known to a limited group of people, the individuals concerned are not generally known to be
associated with the matters discussed in the document. This information is not available from
publicly accessible sources.
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You have not indicated that you have third party consent of any of the applicants to access their
personal information. This indicates that releasing their personal information to you would be
unreasonable.
It has not been practical for the Department to consult with the 34 candidates shortlisted for
interview. In absence of their express consent, I consider that releasing the information to you
would be unreasonable.
On the basis of the information before me, I am satisfied that the disclosure of the information
within the document would involve an unreasonable disclosure of personal information about a
number of individuals.
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 6.3 below.
6.3 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 conditional y 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 very 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 conditionally exempt information under
section 47E(c) could reasonably
be expected to prejudice the ability of the Department to manage future recruitment
exercises. I consider that the disclosure of this information may hinder the wil ingness of
current and prospective staff to apply for positions within the Department if they believed
that their suitability assessment would be publically released. There is a real public interest
in this Department being able to undertake effective recruitment exercises in the future. I
consider that any impediment to active applicant participation in recruitment exercises
would be contrary to the public interest, and that this factor weighs strongly against
disclosure.
•
Disclosure of the personal information which is conditionally exempt under
section 47F of
the FOI Act could reasonably be expected to prejudice the protection of those individuals'
right to privacy.
•
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.
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 confirm that I 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
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.
[signed electronically]
Rheannon
Position number 60102869
Authorised Decision Maker
Department of Home Affairs
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