Australian Conservation Foundation and Secretary, Department of Agriculture, Water and the Environment (Freedom of information)

This matter concerned a freedom of information request made by the Australian Conservation Foundation (ACF) to the Secretary, Department of Agriculture, Water and the Environment. The dispute centred on the Department's decision to refuse access to certain documents, with ACF seeking review of this decision before the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether documents, comprising notes, minutes, and correspondence relating to meetings and discussions between the Department and the Walker Group concerning the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) referral process for the Toondah Harbour Development, were exempt from disclosure. Specifically, the Tribunal considered the application of the exemption for documents obtained in confidence under section 45(1) of the Freedom of Information Act 1982 (Cth) and the conditional exemption under section 47E(d) of the Act, which relates to a substantial adverse effect on the proper and efficient conduct of agency operations.

The Tribunal found that Document 3 was obtained in confidence and its release would found an action for breach of confidence, thereby upholding the delegate's decision in respect of that document. Regarding the section 47E(d) exemption, the Tribunal noted that a substantial adverse effect on an agency's operations does not require a definite expectation of such an effect, but rather logical or probative material that reasonably permits an inference of a probability or possibility of risk. The Tribunal considered the ordinary meanings of "operations" and "conduct" in the context of agency activities and management. While the Tribunal was satisfied that the documents related to the EPBC Act referral process and subsequent decision-making, the provided text does not detail the Tribunal's final determination on the section 47E(d) exemption for all documents.