Department of Home Affairs...A5 DATE OF DOCUMENT No. of pages Description Decision on release 62. 04...

A1

ATTACHMENT A

Schedule of Documents

DATE OF DOCUMENT

No. of pages

Description Decision on release

1. 5 MAY 2014 9 History of Craft from 01JAN2009 until 24APR2014 Release in part 37(1)(a) 47B(a) 47E(d) 47F

2. 25 FEB 2014 2 Boarding Information Report I1492387 Release in part 47E(d)

3. 25 JUL 2013 2 Boarding Information Report I1467722 Release in part 47E(d)

4. 21 MAR 2013 2 Boarding Information Report I1453141 Release in part 37(1)(a) 47B(a) 47E(d)

5. 26 OCT 2012 3 Boarding Information Report I1436139 Release in part 37(1)(a) 47B(a) 47E(d) 47F

6. 26 OCT 2012 1 General Information Report ‐ I1436150 Release in part 37(1)(a) 47B(a) 47E(d) 47F

7. 26 OCT 2012 3 Information Report ‐ 18853874 Exempt in full 37(1)(a) 47B(a) 37(2)(b) 47E(d) 47F

8. 25 OCT 2012 1 s.175 ‐ Permission to Transfer Goods between certain vessels ‐ Ref: 251012‐1

Release in part 47F

9. 16 OCT 2012 2 Information Report 18752279 Release in part 37(2)(b) 47E(d)

10. 15 OCT 2012 2 Vessel Assessment Report Movement No. I1434416 Release in part 37(1)(a) 47B(a) 37(2)(b) 47E(d) 47F

11. 10 OCT 2012 2 Cover Sheet for Movement No.I1434416 Release in part 37(1)(a) 47B(a) 47E(d) 47F

12. 17 SEP 2012 2 Boarding Information Report ‐ I1431256 Release in part 47E(d)

13. 14 SEP 2012 2 General Information Report ‐ I1430975 Exempt in full 37(1)(a) 47B(a) 47E(d) 47F

14. 13 SEP 2012 1 Email from NYK Exempt in full 37(1)(a) 47B(a) 47F

A2

DATE OF DOCUMENT

No. of pages


15. 08 SEP 2012 2 Boarding Information Report ‐ I1430434 Exempt in full 37(1)(a) 47B(a) 47E(d)


17. 07 SEP 2012 3 Crew Members passport and Seafarer's Registration Certificate

Exempt in full 47F

18. 07 SEP 2012 2 Articles of Agreement Extract Exempt in full 47F


20. 07 SEP 2012 2 Search Information Report ‐ I1430147 Exempt in full 37(1)(a) 47B(a) 47E(d) 47F

21. 07 SEPT 2012 3 Search Information Report ‐ I1430423 Exempt in full 37(1)(a) 47B(a) 47E(d) 47F

22. 05 SEP 2012 3 Information Report ‐ 18844847 Exempt in full 37(1)(a) 47B(a) 37(1)(b)&(c) 37(2)(b) 47E(d) 47F

23. 05 SEP 2012 2 Crew List Movement Report Release in part 47F

24. 04 TO 05 SEP 2012

7 Emails regarding Sage Sagittarius – Sit Rep Exempt in full 37(1)(a) 47B(a) 37(1)(b)&(c) 37(2)(b) 47E(d) 47F

25. 29 JUL 2012 3 Information Report ‐ 18845093 Release in part 37(1)(a) 47B(a) 37(2)(b) 47E(d) 47F

26. 29 JUL 2012 2 General Information Report ‐ I1425197 Release in part 47E(d) 47F

27. 29 JUL 2012 2 Boarding Information Report ‐ I1371116 Release in part 47E(d)

28. 15 MAR 2011 2 Boarding Information Report ‐ I1361998 Release in part 47E(d)

29. 15 MAR 2011 2 General Information Report ‐ I1362002 Release in part 47E(d) 47F

30. 16 SEP 2010 3 Boarding Information Report ‐ I1338786 Release in part 47E(d) 47F

A3

DATE OF DOCUMENT

No. of pages


31. 16 AUG 2010 3 Boarding Information Report ‐ I1334442 Release in part 47E(d)

32. 16AUG 2010 2 Search Information Report ‐ I1334449 Release in part 47E(d) 47F


34. 26 MAR 2010 2 General Information Report ‐ I1314786 Release in part 47E(d) 47F

35. 31 JAN 2010 2 Boarding Information Report ‐ I1307301 Release in part 47E(d)

36. 31 JAN 2010 1 General Information Report ‐ I1307302 Release in part 47E(d)

37. 04 NOV 2009 2 Boarding Information Report ‐ I1294994 Release in part 47E(d)

38. 04 NOV 2009 2 General Information Report ‐ I1294995 Release in part 47E(d) 47F

39. 22 SE P2009 2 Boarding Information Report ‐ I1289068 Release in part 47E(d)

40. 13 AUG 2009 3 Boarding Information Report ‐ I1283414 Release in part 47E(d) 47F

41. 08 JUL 2009 2 Search Information Report ‐ I1278292 Release in part 47E(d) 47F

42. 08 JUL 2009 3 Boarding Information Report ‐ I1278290 Release in part 47E(d) 47F

43. 04 JUN 2009 2 Boarding Information Report ‐ I1273278 Release in part 47E(d)

44. 04 JUN 2009 2 General Information Report ‐ I1273279 Release in part 47E(d) 47F


46. 21 FEB 2009 2 Boarding Information Report ‐ I1259344 Release in part 47E(d)

47. 21 FEB 2009 2 Boarding Information Report ‐ I1259346 Release in part 47E(d) 47F

48. 30 AUG 2012 – 30 AUG 2012

2 Email correspondence between RCC, Border Protection Operations and CNOC

Exempt in full 37(1)(a) 47B(a) 47E(d) 47F

49. 30 AUG 2012 – 30 AUG 2012

2 Email correspondence – Subject: Sage Sagittarius Exempt in full 37(1)(a) 47B(a) 47E(d) 47F

50. 30 AUG 2012 1 CNOC Report Exempt in full 37(1)(a) 47B(a) 47E(d) 47F

51. 04 SEP 2012 13 CNOC Report Exempt in full 37(1)(a) 47B(a) 37(1)(b)&(c) 37(2)(b) 47E(d) 47F

A4

DATE OF DOCUMENT

No. of pages


52. 03 SEP 2012 – 04 SEP 2012

3 Internal email correspondence Subject: AFP request

Exempt in full 37(1)(a) 47B(a) 37(1)(b)&(c) 37(2)(b) 47E(d) 47F

53. 04 SEP 2012 1 Internal email correspondence Subject: AFP request


54. 04 SEP 2012 – 04 SEP 2012


Exempt in full 37(1)(a) 47B(a) 47F

55. 04 SEP 2012 – 04 SEP 2012



56. 04 SEP 2012 – 04 SEP 2012


Exempt in full 37(1)(a) 47B(a) 37(1)(b)&(c) 37(2) (b) 47E(d) 47F

57. 04 SEP 2012 – 04 SEP 2012

3 Internal email correspondence Subject: Sage Sagittarius


58. 04 SEP 2012 – 04 SEP 2012



59. 04 SEP 2012 – 04 SEP 2012



60. 04SEP2012 – 04SEP2012



61. 04SEP2012 1 Internal email correspondence Subject: Sage Sagittarius

Exempt in full 37(1)(a) 47B(a) 47F

A5

DATE OF DOCUMENT

No. of pages


62. 04 SEP 2012 – 05 SEP 2012



63. 04SEP2012 – 08SEP2012



64. 05SEP2012 – 06SEP2012



65. 05SEP2012 – 05SEP2012

6 ACBPS Crew Report Exempt in full 37(1)(a) 47B(a) 47F

66. 05SEP2012 – 14SEP2012



B1

ATTACHMENT B

Relevant Legislation

Section 37 ‐ Documents affecting enforcement of law and protection of public safety

(1) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to:

(a) prejudice the conduct of an investigation of a breach, or possible breach, of the law, or a failure, or possible failure, to comply with a law relating to taxation or prejudice the enforcement or proper administration of the law in a particular instance;

(b) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information, or the non‐existence of a confidential source of information, in relation to the enforcement or administration of the law; or

(c) endanger the life or physical safety of any person.

(2) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to:

…

(b) disclose lawful methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or

…

(3) In this section, law means law of the Commonwealth or of a State or Territory.

Section 47B ‐ Public interest conditional exemptions—Commonwealth‐State relations etc.

A document is conditionally exempt if disclosure of the document under this Act:

(a) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and a State; or

(b) would divulge information or matter communicated in confidence by or on behalf of the Government of a State or an authority of a State, to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth; or

(c) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and Norfolk Island; or

(d) would divulge information or matter communicated in confidence by or on behalf of the Government of Norfolk Island or an authority of Norfolk Island, to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or an authority of the Commonwealth; or

(e) would, or could reasonably be expected to, cause damage to relations between Norfolk Island and a State; or

(f) would divulge information or matter communicated in confidence by or on behalf of the Government of a State or an authority of a State, to the Government of Norfolk Island, to an authority of Norfolk Island or to a person receiving the communication on behalf of Norfolk Island or of an authority of Norfolk Island.

B2

Section 47E ‐ Public interest conditional exemptions—certain operations of agencies

A document is conditionally exempt if its disclosure under this Act would, or could reasonably be expected to, do any of the following:

…

(d) have a substantial adverse effect on the proper and efficient conduct of the operations of an agency.

Section 47F ‐ Public interest conditional exemptions—personal privacy

(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 personal information, an agency or Minister must have regard to the following matters:

(a) the extent to which the information is well 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 matter relating to that person.

Access given to qualified 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 functions 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.

B3

(7) In this section:

qualified person means a person who carries on, and is entitled to carry on, an occupation that involves the provision of care for the physical or mental health of people or for their well‐being, and, without limiting the generality of the foregoing, includes any of the following:

(a) a medical practitioner;

(b) a psychiatrist;

(c) a psychologist;

(d) a counsellor;

(e) a social worker.

11B ‐ Public interest exemptions—factors

(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 11A(5).

(2) This section does not limit subsection 11A(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 matters 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;

(aa) access to the document could result in embarrassment to the Government of Norfolk Island or cause a loss of confidence in the Government of Norfolk Island;

(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 ‐ Access to edited copies with exempt or irrelevant matter deleted

(1) This section applies if:

(a) an agency or Minister decides:

(i) to refuse 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

B4

(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 11A (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 (1)(b); and

(b) give the applicant access to the edited copy.

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