decision

Australian Broadcasting Corporation and Secretary, Department of Industry, Science, Energy and Resources (Freedom of information) - decision

Litigation

Sabin

Sabin Litigation

Filing Year For Action

The Australian Broadcasting Corporation (ABC) requested a Freedom of Information (FOI)request to access to documents held by the Department of Industry, Science, Energy and Resources.  These documents relate to climate risk scenario planning undertaken by the Secretaries Group on Climate Risk, a body comprising Secretaries of Commonwealth government departments and agencies, which aimed to consider how agencies were addressing climate risk. The ABC sought access to these documents, arguing that their release would inform public debate on how the APS is engaging with the risks and opportunities of a changing climate and promote better-informed decision-making. The Department, however, argued that the documents contained deliberative material and that their disclosure would be contrary to the public interest as it could inhibit the generation of creative ideas, limit future policy options, and divert agency resources. The Tribunal considered whether the documents were exempt under the Freedom of Information Act 1982 (Cth), particularly sections relating to deliberative material (s 47C) and Cabinet documents (s 34). Ultimately, the Tribunal affirmed the decision to refuse access to most of the requested material, finding that the public interest in non-disclosure of the deliberative material concerning climate change scenarios outweighed the public interest in disclosure in most cases, as release had the potential to inhibit debates and discussions necessary for formulating suitable climate change policies for Australia. However, the Tribunal varied the decision in respect of one paragraph of document 9, finding it to be factual and not exempt.