Australian Government Department of Defence Oft ia of lhc Sumary nnd Chief of the Dtfmct Force Gmup

o u r r e r m : FOI 27311011 1

Frmlom of lnfwmalion and h f m t ion Managernab Branch CPl-I Campbell Park Onics PO Uox 7910 CANBERRABC ACT 2610 Tel: (02) 626 62200 Fax: (02) 626 621 12 u u i r i -

1. I rcfer to your email, dated 12 April 201 1, in which you requested access, under the Freedom of Information Act 1982 (FOI Act), to:

"...I seek summary reports, amlysis andlor recommendations of any reported/recorded incidents of sexual assault of students or oficers or any other individuals linked to the A ustralian Defence Force Academy during the past 10 years.

2. On 4 May 201 1 you agreed to proceed with the following revised scope:

"...A report from the AC563 Incident Notijication System concerning sevual oflences at ADFA between l January 2001 and 13 April 201 1 Iltem 1 I

A reportfiorn the corporate database. C O M T ' C K , concerning sexual oflences at ADFA between / January 2000 and 3 I December 2008 [Item 21

A report from DPSMS (ADFZS database), concerning sexual ofiences at A DFA between 1 January 2009 and 12 April 2011 [Item 31

Final copies of Hot Issues Briefs concerning sexual oflences at ADFA from I Ocrober 2005 to 12 April 2011 [Item 41

An email titled Sexual assaulrs at ADFA dated 8 April 2011 [Item 51"

Background

3. The purpose of this letter is to provide you with the decision relating to the documents that are the subject of your rquest.

ITEM 1

FOI decision maker

4. Mr Gary Tyrrell, Director Business Cwrdination, Occupational Health & Safety Branch is the authorised decision maker in regards to Item I o f your request,

Identified document

5. Mr Tyrrell identified one document which matched the scope of Item 1 of your request. The identified document is a spreadsheet titled "Incidents of Sexual Assault: ADFA" which is a report produced from the interrogation of the Department's AC563 Incident Notification System for the date range specified.

Decision

6. Mr Tyrrell has decided to release the identified document intact.

ITEM 2

FOI decision maker

7. Ms Ellen Swavley, Director Rights & Responsibilities is the authorised decision maker in regards to Item 2 of your request.

Identified document

8. Ms Swavlcy advised that the Rights and Responsibilities Directorate has two sources of information, a current database (COM'TRACK) and a legacy database. The current database contains cases From 2008 to present. Queries were run on both databases to identify the information relevant to this rquest.

9. Each database was interrogated to produce details of complaints of sexual offences at the Australian Defence Force Academy (ADFA) during the period 1 January 2000 to 3 1 December 2008. The output o f these queries was amalgamated into a single table.

10. One document, titled "Sexual Offences Complaints & Finalisations From ADFA 2000 - 2008" was identified as matching the scope o f Item 2 of your request,

Decision

I 1. Ms Swavley decided to release the identified document intact.

I Clarifying statemcnt

12. Ms Swavlcy provided the following clarifying statement to assist in understanding the document:

It should be noted that the database extracts were for total complaints rather than conJirmed oflences. The rcsolution information represents the number ofcomplaints that had a resolution recorded in that year which could include, as rvell asjbrmal and in formal acrion for proven oflcnces, withdrawal of complaint and unsubstantiated complainrs. To provide this level of detail will require examination of each individual complaint.

ITEM 3

FOI decision maker

13. Colonel Martin Reed, Provost Marshal - Australian Defence Force is the authorised decision maker in regards to Item 3 of your request.

Identified document

14. Colonel Reed advised that a thorough search for the requested data has been conducted; the requested information was extracted from the Defence Policing and Security Management System (DPSMS) and placed in a table document.

Decision

15. CoIonel Reed has decided to release the identified document intact.

ITEMS 4 & 5

FOI Decision maker

16. Colonel Paul Petersen, Deputy Commandant Australian Defence Force Academy is the authorised decision maker in relation to Items 4 and 5 of your request.

Identified documents

17. Colonel Petersen identified 17 Hot Issues Briefs (H1Bs) which match Item 4 of your request. The identified HlBs are listed on the schedule ofdocuments at Enclosure I.

18. In response to Item 5 of your request, Colonel Petersen located a one page ernail titled "Sexual assaults at ADFA".

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Su!l1asunoa [euo!ssajad pal!nba~ aAeq s[enp!~!pu! aqljo awos u~A!% Apv[m!ved !s~uaurnmp pag!~usp! a111 u! pamu asoql jo Aaajes pw aJejlam aqa ~oj sruaauoo peq aq pqa palqs uasrajad [auo[03 'he~ud leuosrad ;lu!page suo!jdwaxa loj smo[le lay IO~ aqljo ALP uo!ps '12

25. Taking all of the above into eonsideration, Colonel Petersen decided that the documents identified as matehing Items 4 & 5 of your request could be released to you with deletions. Copies of relevant seetions of the FOI Aet are at Enclosure 2.

Payment of Charges

26. In our letter, dated I 1 May201 1, the department estimated the cost associated with proeessing your request to be You agreed to ay charges for the administration of your h on 1 7 May 20 11 . The remaining request and paid the preliminary assessment deposit of balance is the difference between actual c h a r g e s a n d the deposit you have already paid.

27. Accordingly, you are required to p a y i n order to finalise your request. Cheques or Money Orders should be made out to the 'Receiver of Public Monies' and forwarded to the address at the top of this letter. Credit card payments can be made by completing the form at Enelosure 3 and returning i t to the F01 Direetorate.

Rights of review

28. The FOI Act provides for rights of review of decisions. A copy of the fact sheet "Frecdorn of Information - Your Review Rights" setting out your rights of review is at Enclosure 4.

Further advice

29. Should you havc any questions in regard to this matter plcasc contact mc dircctly on (07) 3332 6359. Altcmatively, the FOI team can also be contacted on the details at the top of this letter.

Yours sincerely

Theresa Stinson Assistant Director - Case Management Frccdorn of lnformation

Enclosures: 1. Schedule o f documenls 2. Sbctions of the FOI Act 3. C d i r Card form 4. Freedom of Information - Your Rcvicw Rights

11B Public interest exemptions-factors

Scope

(1) This section applies for the purposes of working out whether access to a conditionally exempt document would, on balance, be contrary to the public interest under subsection 1 1 A(5).

(2) This section does not limit subsection 1 1 A(5).

Factors favouring access

(3) Factors favouring access to the document in the public interest include whether access to the document would do any of the following:

(a) promote the objects of this Act (including all the mattem 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.

Irrelevant factors

(4) The following factors must not be taken into account in deciding whether access to the document would, on balance, be contrary to the public interest:

(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.

Guidelines

(5) In working out whether access to the document would, on balance, be contrary to the public interest, an agency or Minister must have regard to any guidelines issued by the Information Commissioner for the purposes of this subsection under section 93A.

Section 22 of the FOI Act

Access to edited copies with exempt or irrelevant matter deleted

Scope

(1) This section applies if: (a) an agency or Minister decides:

(i) to rehse to give access to an exempt document; or (ii) that to give access to a document would disclose information that would reasonably be

regarded as irrelevant to the request for access; and (b) it is possible for the agency or Minister to prepare a copy (an edited copy) of the document,

modified by deletions, ensuring that: (i) access to the edited copy would be required to be given under section 11 A (access to

documents on request); and (ii) the edited copy would not disclose any information that would reasonably be regarded

as irrelevant to the request; and (c) it is reasonably practicable for the agency or Minister to prepare the edited copy, having

regard to: (i) the nature and extent of the modification; and

(ii) the resources available to modify the document; and (d) it is not apparent (from the request or from consultation with the applicant) that the

applicant would decline access to the edited copy.

Access to edited copy

(2) The agency or Minister must: (a) prepare the edited copy as mentioned in paragraph (l)(b); and (b) give the applicant access to the edited copy.

Notice to applicant

(3) The agency or Minister must give the applicant notice in writing: (a) that the edited copy has been prepared; and (b) of the grounds for the deletions; and (c) if any matter deleted is exempt matter-that the matter deleted is exempt matter because of

a specified provision of this Act.

(4) Section 26 (reasons for decision) does not apply to the decision to refuse access to the whole document unless the applicant requests the agency or Minister to give the applicant a notice in writing in accordance with that section.

47F Public interest conditional exemption~personal privacy

General rule

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

(2) In determining whether the disclosure of the document would involve the unreasonable disclosure of persona1 information, an agency or Minister must have regard to the following matters:

(a) the extent to which the information is we11 known; (b) 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; (c) the availability of the information from publicly accessible sources; (d) any other matters that the agency or Minister considers relevant.

(3) Subject to subsection (5 ) , subsection (1) does not have effect in relation to a request by a person for access to a document by

reason only of the inclusion in the document of mattcr relating to that person.

Access given to quall$ed person instead

(4) Subsection (5) applies if: (a) a request is made to an agency or Minister for access to a document of the

agency, or an official document of the Minister, that contains information concerning the applicant, being information that was provided by a qualified person acting in his or her capacity as a qualified person; and

(b) it appears to the principal officer of the agency or to the Minister (as the case may be) that the disclosure of the information to the applicant might be detrimental to the applicant's physical or mental health, or well-being.

(5) The principal officer or Minister may, if access to the document would otherwise be given to the applicant, direct that access to the document, so far as it contains that information, is not to be given to the applicant but is to be given instead to a qualified person who:

(a) carries on the same occupation, of a kind mentioned in the definition of qualified person in subsection (7), as the first-mentioned qualified person; and

(b) is to be nominated by the applicant.

(6) The powers and finctions of the principal officer of an agency under this section may be exercised by an officer of the agency acting within his or her scope of authority in accordance with arrangements referred to in section 23.

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Australian Government Department of Defence Ofice of the Secretary and Freedom of Information Request Chief of the Defence Force croup Credit Card Payment Form

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Freedom of Information Directorate Department of Defence

CP1-6-001 PO Box 7910

CANBERRA BC ACT 2600 Tel: (02) 6266 2200

www.defence.gov.auffoi