s 47F
From:
FOI <xxx@xxxx.xxx.xx>
Sent:
Wednesday, 6 September 2023 5:02 PM
To:
FOI
Subject:
RE: For response by 6 Sep - FOI consultation - PM&C refs: FOI/2021/267IC and FOI/2021/112IC [SEC=OFFICIAL:Sensitive, ACCESS=Legal-
Privilege]
OFFICIAL: Sensitive
Legal privilege
s 47F
Dear
Thank you for consulting the Department of Foreign Affairs and Trade (DFAT) in regard to FOI/2021/267IC and FOI/2021/112IC.
DFAT has reviewed the material, and advises that we have not identified any sensitivities associated with the release of these documents. We note that the treatment of
this material in the context of the OAIC review is ultimately a matter for PM&C’s decision‐maker.
If you have any further questions please do not hesitate to contact us.
Kind regards
s 47F
_______________________________
Assistant Director | Freedom of Information Section
Public Interest Law Branch | Regulatory and Legal Policy Division
Department of Foreign Affairs and Trade
T
s 47F
dfat.gov.au | Twitter | Facebook | Instagram | LinkedIn
© Kim Hill, Among Women (2011)
We acknowledge the Traditional Custodians of Country throughout Australia, and their continuing connection to land, waters and community. We pay our respects to all First Nations peoples, their cultures and
to their Elders, past, present and emerging.
This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and
you should ensure that, in your handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.
From: FOI <xxx@xxx.xxx.xx>
Sent: Wednesday, 30 August 2023 5:08 PM
To: FOI <xxx@xxxx.xxx.xx>
Cc: FOI <xxx@xxx.xxx.xx>
Subject: For response by 6 Sep ‐ FOI consultation ‐ PM&C ref: FOI/2021/267IC [SEC=OFFICIAL:Sensitive, ACCESS=Legal‐Privilege]
OFFICIAL: Sensitive
Legal privilege
FOI/2021/267IC
Dear FOI Colleagues
The Department of the Prime Minister and Cabinet (the Department) is currently preparing its submissions regarding an Information Commissioner (IC) review application,
and would like to consult your agency on relevant material.
Background
On 18 October 2021, an applicant made an FOI request to the Department in the following terms:
On 19 March 2012, your department emailed AusAID (DFAT) stating ‘further to your recent discussion with Peter, here’s draft text for your consideration that we
propose to brief the new PSPM Senator Jan McLucas with soon’. Titled ‘amendment of humanitarian overseas service medal (iraq) declaration 2004 to extend to
specified commercial contractors’ the document recommended the PSPM:
‘1. Sign the letter to the Governor‐General recommending she makes a declaration under HOSM Regulations 2011, extending eligibility for the ‘Iraq’ clasp to the
medal, to specified commercial contractors (Attachment A).
2. Sign the proposed Humanitarian Overseas Service Medal (Iraq) Declaration 2011 (Attachment B).'
On 11 April 2012 your department emailed AusAID (DFAT) providing a written agreement to ‘settle the declaration … and brief the PSPM next week’. However FOI
investigations reveal your department evidently withheld the documents from PSPM McLucas.
Please provide a copy of your department's subsequent correspondence to AusAID regarding this matter. Please limit the search to subsequent correspondence
occurring between 11 April and 5 December 2012.
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One document was identified as falling within scope of the request. On 16 November 2021, the Department issued a decision refusing access to the document on the basis
that it contains material that is exempt under s 42 (legal professional privilege), s 47C (deliberative matter), s 47E(d) (operations of an agency) and s 47G (business
information) of the FOI Act.
A subsequent internal review affirmed the original decision. On 11 August 2023, the Department was notified that the applicant sought IC review. The Department’s
preliminary view is that the sensitivity within the document has not diminished even with the passage of time, and accordingly, we are preparing submissions to support
the original exemptions claimed.
For action
We have
attached the document which may be of interest to your agency. We would appreciate any comments you may have as to the potential harm that would flow
from release. Our line area advised that your Humanitarian Response Planning Section, Humanitarian and Preparedness Branch (point of contact is
s 47F
@dfat.gov.au), may be able to comment regarding the material.
It will assist if you were to express your views in terms of the exemptions provided for in the FOI Act, and if you were to provide reasons which are sufficiently detailed so
that the Department can ensure any concerns and sensitivities are taken into account in its (confidential) submissions to the IC. The document is marked‐up in red boxes to
show the exemptions claimed and the material considered irrelevant to the request.
We would appreciate your response by
COB Wednesday, 6 September 2023 to enable us to respond to the Information Commissioner within timeframes.
s 47F
Please do not hesitate to contact me on
if you have any questions or wish to discuss.
Yours sincerely
s 47F
Adviser | FOI Section
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunawal Country, One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
e. xxx@xxx.xxx.xx w. pmc.gov.au
The Department acknowledges and pays respect to the past, present and emerging Elders and Traditional
Custodians of Country, and the continuation of cultural, spiritual and educational practices of Aboriginal
and Torres Strait Islander peoples.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
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must not review, copy, disseminate or disclose its contents to any other
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