Infantry Combat Badges awarded under exceptional circumstances
Dear Department of Defence,
The Infantry Combat Badge (ICB) is awarded to a serving member of the Australian Army for service as an infantryman in warlike operations. Australian Army personnel who have deployed as part of an infantry battalion for at least 90 days satisfactory service in an operational area are eligible to wear the badge. The ICB can be awarded to a member of a corps other than infantry in exceptional circumstances.
I wish to obtain access to each ICB application made under the ICB's exceptional circumstances clause. Please include each application's supporting statements, as well as government's decision documents for each application.
Please only include documents from warlike operations from 1991 onwards. Do not include ICB applications related to warlike operations in Malaya, Borneo, Thailand and Vietnam.
Yours faithfully,
Mick Herr
OFFICIAL
Dear Mr Herr,
I refer to your correspondence of 19 May 2025 seeking access to documents
held by the Department of Defence (Defence), under the Freedom of
Information Act 1982 (FOI Act) relating to the Infantry Combat Badge.
I am contacting you about the timeframe and scope included in your
request.
Timeframe and access to records
Noting that the timeframe for records outlined in your request is from
1991 onward, I would advise that some records relevant to you request will
be subject to the Archives Act 1983 and not the Freedom of Information Act
1982.
Records created in 2004 or earlier are classed as open access records and
must be requested under the Archives Act from the National Archives of
Australia (NAA).
This is reflected in Part 3(12)(1) of the FOI Act:
(12) Part not to apply to certain documents
(1) A person is not entitled to obtain access under this Part to:
(a) a document, or a copy of a document, which is, under
the Archives Act 1983, within the open access period within the meaning of
that Act unless the document contains personal information (including
personal information about a deceased person); or
(b) a document that is open to public access, as part of a
public register or otherwise, in accordance with another enactment, where
that access is subject to a fee or other charge; or
(ba) a document that is open to public access, as part of a
land title register, in accordance with a law of a State or Territory
where that access is subject to a fee or other charge; or
(c) a document that is available for purchase by the public
in accordance with arrangements made by an agency.
The following link will take you to the NAA website:
[1]https://www.naa.gov.au/
Please note: when perusing the NAA Website, not all documents are
automatically uploaded on the website. If you are unable to find what you
are looking for, you will need to make an application via NAA to access
the documents.
Clarification of Scope
Initial advice provided by the responsible area of Defence indicates that
documents found to be within the scope of your request will include
personal details and operational details, that are subject either to
privacy or security provisions. In addition, it has been identified that
documents relating to your request may have been issued under a paper
system that the current administers do not have access to, or it has been
lost in the course of staff change overs.
Noting the considerations above, I invite you to either withdraw or revise
the scope of your request by COB Monday, 26 May 2025.
If no response is received within 10 days of receipt of this email, your
request will be considered withdrawn.
Kind regards
Ryan
Freedom of Information Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[2]Freedom of information requests | About | Defence
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
References
Visible links
1. https://www.naa.gov.au/
2. https://www.defence.gov.au/about/accessi...
Dear FOI Case Management,
Thank you for your correspondence. To assist in refining the scope, I confirm that I am happy to exclude documents created in 2004 or earlier, and amend the request to cover the period from 1 January 2005 onwards.
Regarding the advice about personal and operational information and administrative challenges underpinning legacy data systems. The FOI Act requires all conditional exemptions must be balanced against the public interest factors that favour disclosure. Promoting the objects of the Act, informing debate on matters of public importance, ensuring effective oversight of public expenditure, and enhancing transparency in government decision-making.
In the context of awards conferred in the name of the Commonwealth, particularly those recognising military service, these factors will always weigh strongly in favour of disclosure. Redaction under section 22 may provide a suitable mechanism where limited sensitivities arise, and I remain open to such approaches. I also reserve the right to seek review of any exemptions where the threshold for non-disclosure is not clearly met or articulated.
Thank you again for your assistance. I look forward to your continued advice as the request progresses.
Yours sincerely,
Mick Herr
OFFICIAL
Dear Mick,
I refer to your Freedom of Information (FOI) request seeking access to the
following:
“The Infantry Combat Badge (ICB) is awarded to a serving member of the
Australian Army for service as an infantryman in warlike operations.
Australian Army personnel who have deployed as part of an infantry
battalion for at least 90 days satisfactory service in an operational area
are eligible to wear the badge. The ICB can be awarded to a member of a
corps other than infantry in exceptional circumstances.
I wish to obtain access to each ICB application made under the ICB's
exceptional circumstances clause. Please include each application's
supporting statements, as well as government's decision documents for each
application.
Please only include documents from warlike operations from 1 January 2005
to onwards [19 May 2025]. Do not include ICB applications related to
warlike operations in Malaya, Borneo, Thailand and Vietnam.”
The current statutory deadline for you to receive a response to
your request is 18 June 2025
We are continuing to process your request however, our office is seeking
your agreement to a 14-day extension of the statutory deadline under
section 15AA [extension with agreement] of the FOI Act, due to staffing
pressures and to ensure that we have considered all aspects of your
request.
Should you agree, the statutory deadline for you to receive a response to
your request will expire on 2 July 2025.
It would be much appreciated if you could confirm your agreement to this
extension of time via e-mail by COB Friday, 6 June 2025.
Should you have any questions regarding this matter please do not hesitate
to contact us.
Kind regards
Freedom of Information Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[1]Freedom of information requests | About | Defence
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
References
Visible links
1. https://www.defence.gov.au/about/accessi...
Dear FOI Case Management,
I do not object to the extension of time
Yours sincerely,
Mick Herr
OFFICIAL
Dear Mick,
Please find attached the Decision relating to Defence FOI 1100/24/25.
Under section 54 of the FOI Act, you are entitled to request a review of
this decision. Your review rights are attached.
Please contact this office should you require any further information.
Kind regards
Freedom of Information Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[1]Freedom of information requests | About | Defence
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
References
Visible links
1. https://www.defence.gov.au/about/accessi...