Australian Conservation Foundation Incorporated and Secretary, Department of Climate Change, Energy, the Environment and Water (Freedom of information)

The Australian Conservation Foundation Incorporated sought access to documents from the Secretary, Department of Climate Change, Energy, the Environment and Water, under the *Freedom of Information Act 1982* (Cth). The dispute concerned an interlocutory application for a confidentiality order under section 35(4) of the *Administrative Appeals Tribunal Act 1975* (Cth). The matter was heard by Deputy President Britten-Jones of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the disclosure of certain information would, or could reasonably be expected to, cause damage to Australia's international relations, thereby justifying the imposition of a confidentiality order under section 35(4) of the *Administrative Appeals Tribunal Act 1975* (Cth). This required the Tribunal to consider the application of section 63(1) of the *Freedom of Information Act 1982* (Cth), which deals with exemptions for information disclosure that could prejudice international relations.

Deputy President Britten-Jones reasoned that the threshold for establishing that disclosure could reasonably be expected to cause damage to Australia's international relations was met. The Tribunal applied the principles governing the assessment of potential damage to international relations, considering the nature of the information and the likely impact of its public disclosure on Australia's dealings with other countries. The Tribunal concluded that the risk of damage to international relations was sufficiently established to warrant the protection of confidentiality.

The Tribunal granted the request for a confidentiality order.