Craig and Secretary, Department of Foreign Affairs and Trade (Freedom of information)

This matter concerned an application for review of a decision by the Secretary, Department of Foreign Affairs and Trade (DFAT), to refuse access to a diplomatic communication sent from the Australian Embassy in Jakarta to DFAT in Canberra. The applicant sought access to the document under the *Freedom of Information Act 1982* (Cth). The core of the dispute revolved around whether the disclosure of the document would, or could reasonably be expected to, cause damage to the international relations of the Commonwealth, thereby rendering it an exempt document under section 33(a)(iii) of the Act.

The legal issue before the Tribunal was confined to determining whether the document in question was exempt under section 33(a)(iii) of the *Freedom of Information Act 1982* (Cth). This required the Tribunal to consider solely whether the disclosure of the document would, or could reasonably be expected to, cause damage to the international relations of the Commonwealth. The Tribunal's jurisdiction was limited to standing in the shoes of the primary decision-maker and addressing this specific statutory question, without regard to broader constitutional arguments or other legal doctrines raised by the applicant.

The Tribunal reasoned that diplomatic communications are subject to conventions of confidentiality, which are essential for maintaining trust and cooperation between states. Evidence presented indicated that the disclosure of such communications, particularly those involving discussions with foreign government officials, would breach this trust and could reasonably be expected to damage Australia's international relations. The Tribunal found that the conventions surrounding diplomatic communications, including those between Australia and Indonesia, are based on an expectation of confidentiality. Disclosure would erode this trust, potentially reducing the willingness of foreign governments to share information with Australian representatives, thereby adversely affecting Australia's interests.

Consequently, the Tribunal affirmed the decision under review. Access to the redacted parts of the diplomatic communication was denied on the basis that the document was exempt from disclosure under section 33(a)(iii) of the *Freedom of Information Act 1982* (Cth), as its disclosure would, or could reasonably be expected to, cause damage to the international relations of the Commonwealth.