Sentinel Export Summary MRH90 Taipan
Dear Department of Defence,
Please provide an export from Sentinel which lists all MRH90 safety incidents that were/are notifiable to Comcare.
Yours faithfully,
James Smith
OFFICIAL
Dear James
Acknowledgement
I refer to your correspondence of 19 September 2024 seeking access to
documents held by the Department of Defence (Defence), under the Freedom
of Information Act 1982 (FOI Act). This email is to advise you that your
request has been received and allocated for Case Management.
The scope of your request is:
Please provide an export from Sentinel which lists all MRH90 safety
incidents that were/are notifiable to Comcare.
Clarification of scope
The relevant Defence line area has undertaken a preliminary review of your
request and are seeking clarification regarding the documents you are
seeking access to.
It has been identified that in its current form, reasons of practical
refusal may exist in relation to your request and to process it would
result in a substantial and unreasonable diversion of resources. This is
because the sought material covers an undisclosed period of time,
therefore we ask that you provide a date range for documents.
It would assist in the management of your request if you could please
provide a response by 5:00pm 25 September 2024.
Disclaimer
Where staff details are captured in documents within the scope of your FOI
request, this information will be redacted; this includes private email
addresses, signatures, personnel (PMKeyS) numbers and mobile telephone
numbers, unless you specifically request such details. Defence excludes
duplicates of documents and any documents sent to or from you.
Furthermore, Defence only considers final versions of documents.
Charges
Defence may impose a charge for the work involved in providing access to
the documents in accordance with the Freedom of Information (Charges)
Regulations 2019. We will notify you if your request attracts a charge.
Please note that there is no charge for documents that contain the
personal information of the applicant.
Timeframe
The statutory timeframe to provide you with a decision on your request
ends on 19 October 2024. This period may be extended if we need to consult
with third parties, or for other reasons. We will advise you if this
happens.
Please note that where the due date falls on a Saturday, Sunday or public
holiday, the timeframe will expire on the next working day. This is in
accordance with the FOI Guidelines issued by the Office of the Australian
Information Commissioner under section 93A of the FOI Act.
Disclosure Log
Documents released under the FOI Act may be published on Defence’s
disclosure log, located on our website.
Contact Details
We will contact you via the email address you have provided. Please advise
if you would prefer us to use an alternative means of contact.
Should you have any questions relating to your request, please do not
hesitate to contact the FOI team via email:
[1][email address].
Kind regards
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
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OFFICIAL
Dear James
I refer to my correspondence dated 23 September 2024.
I would be grateful if you could please provide the clarification
requested as soon as possible or by 12:00pm Monday, 30 September 2024.
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.
From: FOI Case Management
Sent: Monday, 23 September 2024 8:11 PM
To: '[FOI #12065 email]'
<[FOI #12065 email]>
Subject: Defence FOI 222/24/25 - Acknowledgment, due date, disclaimer and
clarification of scope
OFFICIAL
Dear James
Acknowledgement
I refer to your correspondence of 19 September 2024 seeking access to
documents held by the Department of Defence (Defence), under the Freedom
of Information Act 1982 (FOI Act). This email is to advise you that your
request has been received and allocated for Case Management.
The scope of your request is:
Please provide an export from Sentinel which lists all MRH90 safety
incidents that were/are notifiable to Comcare.
Clarification of scope
The relevant Defence line area has undertaken a preliminary review of your
request and are seeking clarification regarding the documents you are
seeking access to.
It has been identified that in its current form, reasons of practical
refusal may exist in relation to your request and to process it would
result in a substantial and unreasonable diversion of resources. This is
because the sought material covers an undisclosed period of time,
therefore we ask that you provide a date range for documents.
It would assist in the management of your request if you could please
provide a response by 5:00pm 25 September 2024.
Disclaimer
Where staff details are captured in documents within the scope of your FOI
request, this information will be redacted; this includes private email
addresses, signatures, personnel (PMKeyS) numbers and mobile telephone
numbers, unless you specifically request such details. Defence excludes
duplicates of documents and any documents sent to or from you.
Furthermore, Defence only considers final versions of documents.
Charges
Defence may impose a charge for the work involved in providing access to
the documents in accordance with the Freedom of Information (Charges)
Regulations 2019. We will notify you if your request attracts a charge.
Please note that there is no charge for documents that contain the
personal information of the applicant.
Timeframe
The statutory timeframe to provide you with a decision on your request
ends on 19 October 2024. This period may be extended if we need to consult
with third parties, or for other reasons. We will advise you if this
happens.
Please note that where the due date falls on a Saturday, Sunday or public
holiday, the timeframe will expire on the next working day. This is in
accordance with the FOI Guidelines issued by the Office of the Australian
Information Commissioner under section 93A of the FOI Act.
Disclosure Log
Documents released under the FOI Act may be published on Defence’s
disclosure log, located on our website.
Contact Details
We will contact you via the email address you have provided. Please advise
if you would prefer us to use an alternative means of contact.
Should you have any questions relating to your request, please do not
hesitate to contact the FOI team via email:
[2][email address].
Kind regards
Freedom of Information Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[3]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...
2. mailto:[email address]
3. https://www.defence.gov.au/about/accessi...
OFFICIAL
Dear James,
Please find attached a letter in relation to Defence FOI 222/24/25.
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 don't intend on revising the request as you have not provided any information to substantiate your purported "practical refusal" and as such cannot reasonably hold the view that a practical refusal reason exists. The notice is considered invalid and ineffective on that basis.
For instance you have only said there are "many records". That is insufficient in terms of the tests under the Act and the guidance in the FOI Guidelines.
I understand that running an export list from Sentinel using a keyword search is not a very time consuming operation (perhaps no more than ten minutes). As the list is an export summary it would not contain detailed information that would require extensive review.
The ADF has a budget of $55bn. It is ludicrous to suggest running an export from Sentinel would substantially divert the ADF's resources.
Yours sincerely,
James Smith
OFFICIAL
Dear James,
I refer to your Freedom of Information (FOI) request seeking access to the
following:
Please provide an export from Sentinel which lists all MRH90 safety
incidents that were/are notifiable to Comcare.
The current statutory deadline for you to receive a response to
your request is 21 October 2024.
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, to ensure that we
have considered all aspects of your request, and to make a robust decision
on access.
Should you agree, the statutory deadline for you to receive a response to
your request will expire on 4 November 2024.
It would be much appreciated if you could confirm your agreement to this
extension of time via e-mail by 5:00pm 21 October 2024.
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...
Our reference: RQ24/04539
Agency reference: FOI 222/24/25
Agency name Department of Defence
By Email: [1][email address]
Name James Smith
By Email:
[2][FOI #12065 email]
Extension of time under s 15AB
Dear Parties,
Please find attached an extension of time decision relating to the above
referenced FOI request.
Regards,
[3][IMG] Andriana DeIeso
Review Adviser
Office of the Australian Information Commissioner
Adelaide | GPO Box 5288 Sydney NSW 2001
E [4][email address]
I am available Monday to Wednesday; Tuesday and Wednesday alternate
weeks.
Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[5]Information Commissioner reviews | OAIC
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OFFICIAL
Dear James
Please find attached the Decision relating to Defence FOI 222/24/25.
Review Rights
If you disagree with the decision made by the Department of Defence or the
Minister under the Freedom of Information Act 1982 (the FOI Act), you can
ask for the decision to be reviewed.
You must apply in writing and should include a copy of the notice of the
decision provided and the points to which you are objecting and why. You
may apply directly to the Information Commissioner, within 60 days of
receiving your decision.
Further information about the external review process or how to make a
complaint to the Information Commissioner is available:
Online: [1]www.oaic.gov.au
Post: GPO Box 5218 Sydney NSW 2000
Email: [2][email address]
Regards
Freedom of Information Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[3]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. http://www.oaic.gov.au/
2. mailto:[email address]
3. https://www.defence.gov.au/about/accessi...
OFFICIAL
OAIC reference: MR24/01868
Defence reference: FOI 222/24/25
Dear Mr Smith
I refer to your application for an Information Commissioner (IC) review of
Defence FOI 222/24/25.
In accordance with the Office of the Australian Information Commissioner
(OAIC)’s Notice of IC review and request for documents dated 29 January
2025, please find attached a copy of Defence submission sent to the OAIC
today, 15 October 2025.
Pursuant to paragraph 2.27 of the [1]Direction as to certain procedures to
be followed by applicants in Information Commissioner reviews issued under
section 55(2)(e)(ii) of the FOI Act, you have 10 business days from this
date to make submissions in response to Defence’s position should you wish
to do so.
Please ensure any submissions you wish to make are sent to Defence and the
OAIC at the same time.
Kind regards,
FOI Review Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
PO Box 7910 Canberra BC ACT 2610
Email: [2][email address]
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.oaic.gov.au/freedom-of-infor...
2. mailto:[email address]
Dear FOIReview,
I refer to Defence's submission of 15 October 2025.
The bulk of Defence's submissions are entirely irrelevant to the matters in issue.
The only rational explanation for the inclusion of vast swathes of irrelevant submissions is that Defence wishes to give the appearance of substance, where in fact there is none.
Keep in mind, the scope of the FOI request was:
"Please provide an export from Sentinel which lists all MRH90 safety incidents that were/are notifiable to Comcare."
It is a simple enough request - Defence would only need to access Sentinel and produce the export, which would come as a CSV or excel file. Defence knows this. Its personnel in Army Aviation do this, or a version of this task, weekly or monthly for reporting purposes.
However, in order to give the appearance of this being a lengthy, confusing and impossible task, Defence obfuscates, pads out their response and concludes that:
1. no such 'document' exists
2. if it had to produce the document, it cannot be done
The FOI request was for an export, not a specific document that was said to already exist. Defence knows this but plays dumb in order to manufacture a response that 'the document doesn’t exist'. This is all to give the appearance that it has been running around trying to answer the request and has spent time looking for a document (that was not asked for).
Nothing of substance is said in Defence's submission until paragraph 26 and 27. Again Defence says it has spent an unbelievable and inconceivable six hours running 10 searches. Again, these alleged searches were for 'documents' that were not asked for. Why for example, did Defence search solely for "MRH-90"? How does Sentinel not have any search results for "accident", at all? It is a health and safety incident reporting system. See Sentinel reporting user manual here: https://dasa.defence.gov.au/sites/defaul...
Turning now to the balance of Defence's submissions which broadly relate to the production of a written document by computer.
Paragraphs 34 and 35 require close reading. Defence says:
"34. In an effort to process the applicant’s request, consideration was given to section 17 of the FOI Act. However, the business areas confirmed a document could not be generated as the particular information sought by the applicant through the terms of their existing request is not naturally captured in the ordinary operations and use of Sentinel.
35. Searches of work health and safety incidents recorded in the Sentinel system do not return a result which can be exported to a discrete written form as contemplated in section 17 of the FOI Act."
Paragraph 34 is entirely unclear, perhaps deliberately so. Section 17 does not require any information to be "naturally captured" - whatever that may mean. Section 17 only requires that if Defence can produce the document using a computer (that is for collating stored information) then it must. As above, Sentinel, can produce such exports and documents.
Defence's paragraph 35 is also carefully worded. It says that "searches of work health and safety incidents recorded in the Sentinel system do not return a result which can be exported". This is not the task. The task is to run an export of incidents that are stored in the system, not to conduct searches in the hope that the search results in an exportable document.
This is all designed so that Defence can conclude by saying the task is too difficult and would take too long. What is missing is any attempt to define how long the task would in fact take. No time and motion study or even a bare estimate of the time the task would take is given.
The export would be a simple and routine database query (see Ryan Turner and Department of Home Affairs (Freedom of information) [2024] AICmr 215). It is a query that is done for Defence's routine internal reporting purposes. It is a query that could quite easily be requested by senior officers within Defence and would be done if they asked.
The OAIC may know that the MRH-90 is the subject to increased scrutiny since two crashes, the first in Jervis Bay in March 2023 and the second in the Whitsundays in July 2023.
Defence just does not want any information released. It has manufactured its submissions in an effort to prevent the release of information. Its submissions are false and grossly misleading. The FOI request was submitted over 1 year ago. Defence has deliberately delayed its response to avoid timely scrutiny.
The OAIC should require Defence to release the Sentinel export sought.
Yours sincerely,
James Smith