
Freedom of Information
Working with Aboriginal and Torres Strait Islander peoples
OFFICIAL
FREEDOM OF INFORMATION ACT 1982
REQUEST BY:
Thomas
REFERENCE:
FOI/2324/024
NOTICE OF DECISION
Dear Thomas,
Freedom of information request ref. FOI/2324/024
1. The purpose of this letter is to give you a decision about access to documents that you requested from the National
Indigenous Australians Agency (
NIAA) under the
Freedom of Information Act 1982 (
FOI Act).
2. I am an officer authorised by the NIAA’s Chief Executive Officer under section 23(1) of the FOI Act to make decisions in
relation to FOI requests.
Summary
Total number of documents that fall within the scope of your request
12
Number of documents to be released to you in full
1
Number of documents to be released to you in part
11
Number of documents exempt from release in full
0
Time frames
3. On 31 August 2023, you requested access to the following:
“I seek any records showing communication between the CEO of the agency, Ms Broun, or her office (eg: a chief of
staff, executive officer, executive assistant or secretary); and any of the following:
- the Prime Minister
- the Prime Minister's Office
- the Minister for Indigenous Australians
- the Office of the Minister for Indigenous Australians.
I only seek records of communications from 7 August 2023 to 9 August 2023 (inclusive). However, I seek all
documents within that period, including:
- phone call history
- file notes
- emails
- physical documents
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- text messages (whether sent by SMS, WhatsApp, Signal or otherwise).
I do not seek the name or details of any person in a Ministerial Office below the level of Chief of Staff, or any non-SES
officer.”
4. On 14 September 2023, the NIAA acknowledged your request.
5. On 25 September 2023, you were advised of a requirement to consult with third parties under section 26A of the FOI
Act.
6. A decision in relation to your request is due on 30 October 2023.
Document searches
7. The NIAA has undertaken system-wide relevant searches for any records within the scope of your request. This includes
searching for relevant records of communication via email and Microsoft teams instant messages. NIAA officers
undertook searches of mobile devices to identify communication.
8. To support the search and retrieval process the searchable email addresses from Ms Broun and her office (e.g: a chief of
staff, executive officer, executive assistant or secretary) were used. Correspondence includes communication sent to,
from and carbon copy (cc) between the email accounts of Ms Broun and her office, and email accounts of staff of the
Prime Minister and the Minister for Indigenous Australians.
Material taken into account
9. I have taken the following material into account in making my decision:
the terms of your request
the acknowledgement sent to you
document searches undertaken by NIAA advisers
the content of the documents identified as within scope of your request
consultation with affected third parties
consultation with NIAA advisers
the FOI Act, and
Guidelines made by the Australian Information Commissioner under section 93A of the FOI Act (FOI Guidelines).
Decision
10. I have identified twelve (12) documents which I consider to be within the scope of your request. I have decided to refuse
access to some of those documents in part.
11. Your
rights to seek review under the FOI Act or submit a complaint are set out in
Attachment A to this notice.
12. The
Schedule of Documents at
Attachment B sets out brief information about each document within the scope of your
request and the decision made on each document.
13. The
Statement of Reasons at
Attachment C sets out the reasons for my decision to refuse access to some of the
documents.
Access to documents
14. The documents released to you are attached.
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Questions about this decision
15. If you have any questions about this notice or NIAA’s FOI process, please contact the NIAA’s FOI Coordinator at:
Email:
xxx@xxxx.xxx.xx
Post:
Freedom of Information Coordinator
National Indigenous Australians Agency
GPO Box 2191
Canberra ACT 2601
Yours sincerely
Rachel Kerrigan
Branch Manager
Land & Native Title Branch
29 October 2023
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