OFFICIAL
Our ref: T23/33
Alex Pentland
By email to: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Alex
Freedom of information request no. 5-2023
1
The purpose of this letter is to advise of my decision about access to documents that
you requested under the
Freedom of Information Act 1982 (FOI Act).
2
On 27 March 2023, you sought access to:
(a)
correspondence and documents held by the Office of Parliamentary Counsel
relating to the “Currency (Restrictions on the Use of Cash) Bill 2019”.
Decision and reasons for decision
3
I am an officer authorised under subsection 23(1) of the FOI Act to make decisions in
relation to FOI requests.
4
Our office have identified documents that meet the description of your request. These
comprise draft legislation and correspondence for the purposes of giving or receiving legal
advice.
5
These documents are subject to legal professional privilege. The agency entitled to
claim legal professional privilege in relation to the documents is the Department of the
Treasury. The Department of the Treasury has confirmed that it does not waive the privilege
in the documents.
Documents are exempt documents (section 42)
6
Under section 42 of the FOI Act, a document is an exempt document if it is of such a
nature that it would be privileged from production in legal proceedings on the ground of legal
professional privilege.
7
The documents you are seeking comprise draft legislation and correspondence for the
purposes of giving or receiving legal advice. The Federal Court found in
State of New South
Wales v Betfair [2009] FCAFC 160, legal professional privilege applies to drafting
instructions, draft legislation and related communications between the instructing agency and
third parties in relation to the drafting.
________________________________________________________________________________________________________________
28 Sydney Avenue Forrest ACT 2603
Locked Bag 30 Kingston ACT 2604 • Telephone (02) 6120 1400 • Fax (02) 6120 1403 • ABN 41 425 630 817
www.opc.gov.au
m23rh105.docx
OFFICIAL
OFFICIAL
8
I have refused access to all documents in full, on the basis that these documents are
exempt documents under section 42 (documents subject to legal professional privilege).
9
I have taken the following material into account in making my decision:
•
the content of the documents that fall within the scope of your request;
•
the FOI Act;
•
the guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act;
•
email from the Department of the Treasury dated 3 April 2023.
Your review rights
10
If you are dissatisfied with my decision, you may apply for internal review or
Information Commissioner review of the decision. We encourage you to seek internal review
as a first step as it may provide a more rapid resolution of your concerns.
Internal review
11
Under section 54 of the FOI Act, you may apply for an internal review of my
decision. Your application must be made within 30 days after the date of this letter.
12
An internal review will be conducted by a different officer. No particular form is
required to apply for review although it will assist your case to set out in the application the
grounds on which you believe that the original decision should be overturned. An application
for a review of the decision should be lodged in one of the following ways:
email:
xxx@xxx.xxx.xx
post: FOI Coordinator, Locked Bag 30, Kingston ACT 2604
13
If you choose to seek an internal review, you will subsequently have a right to apply
for Information Commissioner review of the internal review decision.
Information Commissioner review
14
Under section 54L of the FOI Act, you may apply to the Australian Information
Commissioner to review my decision. An application for review by the Information
Commissioner must be made in writing within 60 days after the date of this letter, and be
lodged in one of the following ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_1
0
email:
xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney NSW 2001
[Q:\WORD\MEMOS\M23RH105.DOCX] [21 Apr 202
O
3] [9
F
:44
F
AM
I]
CIAL
Page 2
OFFICIAL
15
More information about Information Commissioner review is available at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-
commissioner-review/.
FOI Complaints
16
If you are unhappy with the way we have handled your FOI request, please let us
know what we could have done better. We may be able to rectify the problem. If you are not
satisfied with our response, you can make a complaint to the Australian Information
Commissioner. A complaint to the Information Commissioner must be made in writing.
Complaints can be lodged in one of the following ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICCA_
1
email:
xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney 2001
17
More information about complaints is available at
https://www.oaic.gov.au/freedom-
of-information/reviews-and-complaints/make-an-foi-complaint/.
18
If you are not sure whether to lodge an Information Commissioner review or an
Information Commissioner complaint, more information is available at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Yours sincerely
Stephen Campbell
General Manager Corporate
20 April 2023
[Q:\WORD\MEMOS\M23RH105.DOCX] [21 Apr 202
O
3] [9
F
:44
F
AM
I]
CIAL
Page 3
Document Outline
