conditionally exempt under subsection 47G(1) of the FOI Act because release would

involve the unreasonable disclosure of information concerning the business, commercial

or financial affairs of an organisation and, pursuant to subsection 11A(5) of the FOI Act, is
not required to be disclosed because disclosure at this time would be, on balance,
contrary to the public interest.

8. In reaching my decision, I took the following material into account:

your correspondence of 24 August 2016, in which you confirmed the particulars of your
request as stated in the Department's correspondence of 23 August 2016;
your subsequent correspondence of 28 September 2016;
documents falling within the scope of your request;
submissions made by third parties consulted under section 27 of the FOI Act;
factors relevant to my assessment of whether or not disclosure of certain material would
be in the public interest;
consultations with Departmental officers about:
o the nature of the documents; and
o the Department's operating environment and functions;
the FOI Act; and
the guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (the Guidelines).

Reasons for Decision

Section 22 of the FOI Act

9. I have decided that certain pages, as referred to in the Schedule, contain material that is exempt.
In this regard, subsections 22(1) and (2) of the FOI Act provide that where it is reasonably
practicable to do so, an agency may prepare an edited copy of a document for release by deleting
exempt or irrelevant material from the document.

10. In accordance with section 22, I have deleted exempt material from the relevant pages and have
decided to release to you the balance of the documents once the third party review rights have
expired. Such deletions are identified in the Schedule.

Subsection 47F(1) of the FOI Act (personal information)

11. Subsection 47F(1) of the FOI Act provides that:

A document is conditionally exempt i f its disclosure under this Act would involve the
unreasonable disclosure of personal information about any person (including a deceased
person).

12. The term 'personal information' is defined in section 4 of the FOI Act to have the same meaning as
in subsection 6(1) the Privacy Act 1988, that is:

information or an opinion about an identified individual, or an individual who is reasonably

...
identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

2
13. I have decided that certain pages, as referred to in the Schedule, contain personal information,
including the names, signatures and telephone numbers of staff members within third party
organisations. I have decided that the disclosure of this information would be unreasonable
because:

the identities of the individuals concerned are readily apparent;

the individuals to whom the information relates are not publicly known to be associated
with the matters dealt with in the document; and
the disclosure of the information may cause harm for instance, its publication may:
o expose the individuals to intimidation and possibly impact on their safety; and
o reduce the individuals' chances of obtaining future employment.

14. On this basis, I have decided that the personal information as referred to in the Schedule is
conditionally exempt under subsection 47F(1) of the FOI Act.

15. Under subsection 11A(5) of the FOI Act, the Department must give you access to these pages
unless in the circumstances it would be, on balance, contrary to the public interest to do so.

16. When weighing up the public interest for and against disclosure under subsection 11A(5) of the
FOI Act, I have taken into account factors in favour of disclosure, including the extent to which the
disclosure would:

promote the objects of the FOI Act;

inform debate on a matter of public importance; and
promote effective oversight of public expenditure.

17. However, I have also considered factors indicating that access would be contrary to the public
interest, including the extent to which disclosure could reasonably be expected to:

prejudice the individuals' right to privacy; and

adversely affect or harm the individuals concerned.

18. Based on these factors, I have decided that in the circumstances of this particular matter, the
public interest in disclosing the information in the above mentioned documents is outweighed by
the public interest against disclosure.

19. I am of the opinion that while the documents relate to a matter of some current public interest,
the value that would flow from their disclosure to informing public debate on that matter does
not outweigh the benefits against disclosure. Further, I am of the opinion that the disclosure of
the names and other details of the individuals contained in the documents would prejudice those
individuals' right to privacy and unnecessarily expose them to harm. Accordingly, the benefit to
the public resulting from disclosure is outweighed by the benefit to the public of withholding the
information at this time.

20. I have not taken into account any of the irrelevant factors set out in subsection 1113(4) of the FOI
Act in making this decision.

21. In summary, I am satisfied that the information contained in these documents is conditionally
exempt under subsection 47F(1) of the FOI Act. Furthermore I have decided that on balance it
would be contrary to the public interest to release this information. Accordingly I have decided
that the parts of all three documents that contain personal information are exempt.

3
22. Where possible and as identified in the Schedule, I have deleted the exempt information in these
pages in accordance with subsection 22(1) of the FOI Act and will release the balance of the
material that is not otherwise exempt to you once the review rights of third parties have expired.

Subsection 47G(1) of the FOI Act (business information)

23. Subsection 47G(1) of the FOI Act provides that:

A document is conditionally exempt i f its disclosure under this Act would disclose information
concerning a person in respect o f his or her business or professional affairs or concerning the
business, commercial or financial affairs o f an organisation or undertaking, in a case in which
the disclosure o f the information:

(a) would, or could reasonably be expected to, unreasonably affect t... [an] organisation
or undertaking in respect of its lawful business, commercial or financial affairs; or
(b) could reasonably be expected to prejudice the future supply o f information to the
Commonwealth or an agency f o r the purpose of the administration o f a law of the
Commonwealth or o f a Territory or the administration o f matters administered by an
agency.

24. I have decided that all three of the documents in question contain information about the business,
commercial or financial affairs of relevant organisations.

25. In my view, the disclosure of this information as contained in two of the documents could
reasonably be expected to unreasonably affect those organisations for the following reasons:

the information contained in the documents was obtained through confidential

interactions between the relevant parties and without the expectation of public
disclosure;
the information, if released, may disclose commercially sensitive information concerning
matters that are the subject of the organisations' ongoing business affairs, and may cause
harm to the organisations' commercial interests; and
the information, if released, might adversely affect the reputations of certain
organisations and prejudice the fair treatment of those organisations by the public, and in
turn affect their ability to attract and retain networks of employers or connect with job
seekers.

26. Further, the information contained in the documents in question is relevant to an external
investigation, and its disclosure at this time might impede the administration of justice and right to
procedural fairness owed to the relevant organisations as the investigation has not yet been
finalised.

27. On this basis, I have decided that the business information as referred to in the Schedule is
conditionally exempt under subsection 47G(1) of the FOI Act.

28. Under subsection 11A(5) of the FOI Act, the Department must give you access to these pages
unless in the circumstances it would be, on balance, contrary to the public interest to do so.

29. When weighing up the public interest for and against disclosure under subsection 11A(5) of the
FOI Act, I have taken into account factors in favour of disclosure, including the extent to which the
disclosure would:

4
 promote the objects of the FOI Act;
inform debate on a matter of public importance; and
promote effective oversight of public expenditure.

30. However, I have also considered factors indicating that access would be contrary to the public
interest, including the extent to which disclosure could reasonably be expected to:

harm the business interests of organisations;

disclose commercially sensitive information of organisations;
prejudice the fair treatment of organisations where an external investigation has not yet
been concluded; and
adversely affect the ability of certain organisations to provide employment services to
large numbers of job seekers due to reputational and commercial damage suffered
without just cause.

31. Additionally, the release of some of the material may impede the administration of justice and
right to procedural fairness owed to certain organisations and individuals. Accordingly, there is a
strong public interest in not releasing this information at this time.

32. Based on these factors, I have decided that in the circumstances of this particular matter, the
public interest in disclosing the information in the above mentioned documents is outweighed by
the public interest against disclosure. There is a strong public interest in allowing organisations to
freely engage in commercial activity and in not prejudicing the fair treatment of organisations
where an external investigation has not yet been concluded. Similarly, the potential adverse
effects that may flow to the public, such as the possible loss of employment services and positions
for job seekers, is an important factor against disclosure.

33. Further, I am of the opinion that while the documents relate to a matter of some public interest,
the value that would flow from their disclosure to informing public debate on that matter does
not outweigh the benefits against disclosure at this time.

34. I have not taken into account any of the irrelevant factors set out in subsection 11E3(4) of the FOI
Act in making this decision.

35. In summary, I am satisfied that the information in these documents is conditionally exempt under
subsection 47G(1) of the FOI Act. Furthermore I have decided that on balance it would be contrary
to the public interest to release this information. I have considered whether it is possible to delete
the exempt material under section 22 of the FOI Act and release to you the balance of the
documents. However, as identified in the Schedule, I have decided that the 15 pages in question
are exempt in full under the FOI Act.

Pages to be released in full or in part

36. I have decided that pages that are not subject to any exemptions of the FOI Act are to be released
in full. Pages to be released in full or in part are identified in the Schedule.

Third party consultation

37. As mentioned in paragraph 3 of this decision, the Department was required to consult with certain
third parties prior to making a decision on access to the documents that you requested.

5
Attachment A Schedule of Documents for Owen Bennett (AUWU)
No. Pages Date Description of Document
Work for the Dole Risk
Assessment (place) Royal
1. 6 21/12/2015
Agricultural Society Queensland
(Toowoonnba Showgrounds)
Work for the Dole Risk
Assessment (place) Royal
2. 15 15/03/2016
Agricultural Society Queensland
(Toowoomba Showgrounds)
Work for the Dole Risk
Assessment (place) Noah's
3. 16 26 29/01/2016
Retreat Community Services
Inc.
1 Decision
Exempt in full.
Conditional exemption claimed
under s 47G(1) of the FOI Act
(pages 6) (business information).
Conditional exemption claimed
under s 47F(1) of the FOI Act (page
2) (personal information).
Exempt in full.
Conditional exemption claimed
under s 47G(1) of the FOI Act
(pages 15) (business
information).
Conditional exemption claimed
under s 47F(1) of the FOI Act (page
15) (personal information).
Release in part.
Conditional exemption claimed
under s 47F(1) of the FOI Act
(pages 17 18, 20, 25) (personal
information).
Note that pages 16 26 have been
withheld in full in accordance with
s 27(7) of the FOI Act to allow for
third party review rights.