
Docusign Envelope ID: E6B585FE-EEE8-4FD9-BA39-223790FBBFB5
Jonathan Church ill
Chief Operating Officer
Office of the Chief Operating Officer
xxx@xxx.xxx.xx
www.anu.edu.au
19 November 2025
Sam Smith
Via Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
FOI 202400158 – Notification of decision on Internal Review
Dear Sam,
On 2 December 2024, the Australian National University (the University) received your request seeking
access to documents under the Freedom of Information Act 1982 (the Act).
On 18 December 2024, the University sought an extension of time to process your request under s15AA of
the Act. You agreed to this extension via return email on 19 December 2024, giving a new decision date of 31
January 2025.
Scope of Request
The scope of your request was as follows:
“Copies of engagement letters and terms of reference for the investigation into WHS concerns of the
National Computational Infrastructure (NCI) conducted by Ashurst.
Date range for the documents being requested is February 2024 to June 2024.”
On 29 January 2025 you were sent notice of the decision in relation to your request, which was to partially
release the one document within scope with redactions under sections 47E(d) and 47F of the Act.
Request for Internal Review
On 27 February 2025 you sought Internal Review (“IR”) of the primary decision.
In your request for IR you stated:
“I am writing to request an internal review of Australian National University's handling of my FOI
request 'NCI WHS Review Terms of Reference' on the following grounds:
−
Claims that the information hasn’t been publicly released, isn’t “well known”, and “is not
available from public sources” are false, for example documents released by the ANU entirely
unredacted available at
https://www.righttoknow.org.au/request/correspondence_to_prof_nugent_re#incoming-39452
−
I also note that at least one individual mentioned in the same document, Dr Sean Smith, is no
longer mentioned as the Director of NCI, and his own LinkedIn page says his employment at ANU
and NCI concluded in December 2024. Surely this would contradict the belief that redacted
information mentioning him could cause disruption if disclosed.
−
Claims that the investigation is ongoing, despite the redacted document being written in March
2024, and asking for the investigation to conclude 1 month later- either it has concluded, in
Chancelry Building, 10 East Rd
Acton ACT 2601 Australia
TEQSA Provider ID: PRV12002 (Australian University)
CRICOS Provider Code: 00120C

Docusign Envelope ID: E6B585FE-EEE8-4FD9-BA39-223790FBBFB5
which case there is no issue, or the ANU has taken over 8 months to conduct said investigation
in which case there’s a public interest case in knowing the ANU has issues handling WH&S issues
in a timely manner.
−
The decision maker’s suggestion that the disclosure could also have a substantial adverse effect
on the ANU’s ability to engage with similar firms in future is a bit far-fetched considering this is a
document produced by the ANU, prior to an initial meeting and not a product of said firm. It is
also unbelievable that any reputable firm would be unaware of ANU’s FOI obligations in relation
to any engagement with the ANU.
−
The decision maker has also made the weak argument that “release of conditionally exempt
material could reasonably be expected to prejudice the University’s ability to effectively manage
its personnel by publicly releasing specific details of investigations” in spite of the fact that it has
had over 9 months, or longer if you consider above mentioned document on righttoknow.org.au
that the ANU was aware of issues as early as April 2022.
−
There is also argument that release could impact the ANU’s ability to “manage issues of the
same or similar nature in future”. I imagine the impact of people being aware that the ANU
investigates issues it becomes aware of is only a positive one, and therefore not grounds for
exemption.
The above points cover claims of conditional exemptions under section 47E(c),47E(d), and 47F.”
Authority to Make Decision
I am an officer authorised under section 23 of the Act to make decisions in respect of requests for internal
review of FOI requests.
Relevant material
I have taken into account the following:
− The terms of your request
− Documentation relevant to your request
− Your request for internal review
− Advice from University staff with responsibility for matters relating to the documents to which you
sought access
− The FOI Act 1982 (Cth) (“the Act”)
− Guidelines published by the Office of the Australian Information Commissioner (OAIC) under section
93A of the Act (the FOI Guidelines)
− Relevant Court, Tribunal and OAIC decisions.
Internal Review Decision
Having considered the document in its entirety, I consider the document is exempt under s. 42 and
conditionally exempt under s. 47E (c) and 47F and the public interest does not support its release.
My reasons follow.
Section 42 – Legal Professional Privilege
Section 42 covers documents subject to legal professional privilege (“LPP”)
To attract LPP for a document:
− There must be a legal advisor/client relationship;
− The document must have been created for the dominant purpose of obtaining legal advice;
− The advice to be given must be independent; and
− The advice to be given must be confidential.
I am satisfied the document meets the above requirements as:
− The document is a brief from the University to a private law firm;
The Australian National University
2

Docusign Envelope ID: E6B585FE-EEE8-4FD9-BA39-223790FBBFB5
− The document was created to provide instructions to the law firm to provide legal advice. I note
from Federal Court authority that “legal advice” is not limited to advice about the law, but includes
most incidents of a lawyer’s work, except work that is purely commercial or public relations;
− The private law firm was independent of the University; and
− The brief required confidentiality on the part of the law firm.
I note that s. 42 is an exemption section, and no further consideration of the public interest is necessary.
On that basis I consider the document is exempt in its entirety. However, I consider that the University
waived those parts of the document released to you under the original decision.
In addition, I have reconsidered the application of s. 47E(c) and s. 47F.
Section 47E(c)
This section conditionally exempts material disclosure of which would have a substantial adverse effect on
the management of assessment of personnel by the Commonwealth or by an agency.
The information covered by this exemption in the original decision consisted of material potentially
disclosing workplace issues, which was collated to enable the law firm to conduct an investigation.
I consider it essential to effectively manage staff that they have a way of confidentially raising workplace
issues. If these expectations of confidentiality are not fulfilled it would have a negative effect on staff
members raising employment issues in future and to ensuring confidentiality is maintained over workplace
allegations into the future. A failure to do so will result in workplace difficulties, including maintaining
working relationships.
While I note some material relating to potential workplace issues was in the public domain as you have
stated, I do not consider that the mere existence of concerns means the specific material in the documents is
well known.
I have considered and agree with the public interest analysis set out under paragraph 4.2 of the original
decision.
Section 47F
This section conditionally exempts material that would amount to an unreasonable disclosure of personal
information.
The information exempted under this section includes allegations that have been made but not investigated
or proved against named persons. I consider it would be unreasonable to release this material, as release of
it is likely to cause detriment and stress to the persons concerned. I consider the risk extends to the future,
even if the person has left the University.
As such I consider this material is conditionally exempt from disclosure under s. 47F of the Act.
Public Interest
Section 11A (5) provides that access to a conditionally exempt document must be given unless access to that
document would, at the time, be contrary to the public interest.
In considering the public interest, I have also considered, as required by s. 11B (1) the public interest to:
(a) promote the objects of this Act;
(b) inform debate on a matter of public importance;
(c) promote effective oversight of public expenditure;
as well as any other relevant matters.
The Australian National University
3

Docusign Envelope ID: E6B585FE-EEE8-4FD9-BA39-223790FBBFB5
I note the release of the information, may, to some degree, promote the objects of the Act in releasing
information held by the University.
However, I have identified the following factors against disclosure:
s. 47E(c)
− The release of the information is likely to impact on the University’s management of employees.
− Release of information about employee complaints would discourage employees from making such
complaints in the future
S. 47F
− The disclosure of personal information which is conditionally exempt under section 47F (1) of the
FOI Act could reasonably be expected to prejudice the protection of those individuals' right to
privacy.
− The personal information which is conditionally exempt under section 47F (1) is not well known to
the public generally.
− Disclosure of information under the FOI Act must be considered to be a disclosure to the world at
large and not just to you as the applicant.
− The University is committed to complying with its obligations under the Privacy Act 1988, which sets
out standards and obligations that regulate how the University must handle and manage personal
information. It is firmly in the public interest that the University uphold the rights of individuals to
their own privacy and meets its obligations under the Privacy Act 1988. I consider that this factor
weighs heavily against disclosure of the personal information contained within the document.
Taking all these matters into consideration, on balance, I am of the view the public interest does not favour
the release of the material.
Irrelevant Matters
I have also had regard to section 11B (4) of the Act which sets out the factors which are irrelevant to my
decision, which are:
− Access to the documents could result in embarrassment to the Commonwealth
− Government or cause a loss of confidence in the Commonwealth Government.
− Access to the documents could result in any person misinterpreting or misunderstanding the
documents.
− The authors of the documents were (or are) of high seniority in the agency to which the request for
access to the documents was made; and
− Access to the documents could result in confusion or unnecessary debate.
I have not taken into account any of those factors in this review decision.
The Australian National University
4

Docusign Envelope ID: E6B585FE-EEE8-4FD9-BA39-223790FBBFB5
Summary
On reviewing the original decision, I have decided:
The relevant document, except the parts that have previously been released, are exempt under s.
42 of the Act; and
The parts of the document that were previously conditionally exempted under sections 42E(c) and
47F are conditionally exempt under those sections and the public interest does not support their
release.
Your review rights are outlined on the following page.
Yours sincerely,
Jonathan Churchill
Chief Operating Officer
The Australian National University
5

Docusign Envelope ID: E6B585FE-EEE8-4FD9-BA39-223790FBBFB5
Your review rights
If you are dissatisfied with my decision, you may apply to the Australian Information Commissioner for review.
An application for review by the Information Commissioner must be made in writing within 60 days of 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_10
email: xxxxx@xxxx.xxx.xx
post:
GPO Box 5218 Sydney NSW 2001
More information about Information Commissioner review is available on the Office of the Australian
Information Commissioner website. Go to https://www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/information-commissioner-review/.
FOI Complaints
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
More information about complaints is available on the Office of the Australian Information Commissioner at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-an-foi-complaint/.
If you are not sure whether to lodge an Information Commissioner review or an Information Commissioner
complaint, the Office of the Australian Information Commissioner has more information at:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
The Australian National University
6
Document Outline
- 19 November 2025
- Sam Smith
- Via Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
- FOI 202400158 – Notification of decision on Internal Review
- Dear Sam,
- On 2 December 2024, the Australian National University (the University) received your request seeking access to documents under the Freedom of Information Act 1982 (the Act).
- On 18 December 2024, the University sought an extension of time to process your request under s15AA of the Act. You agreed to this extension via return email on 19 December 2024, giving a new decision date of 31 January 2025.
- The scope of your request was as follows:
- “Copies of engagement letters and terms of reference for the investigation into WHS concerns of the National Computational Infrastructure (NCI) conducted by Ashurst.
- Date range for the documents being requested is February 2024 to June 2024.”
- On 29 January 2025 you were sent notice of the decision in relation to your request, which was to partially release the one document within scope with redactions under sections 47E(d) and 47F of the Act.
- On 27 February 2025 you sought Internal Review (“IR”) of the primary decision.
- In your request for IR you stated:
- “I am writing to request an internal review of Australian National University's handling of my FOI request 'NCI WHS Review Terms of Reference' on the following grounds:
- − Claims that the information hasn’t been publicly released, isn’t “well known”, and “is not available from public sources” are false, for example documents released by the ANU entirely unredacted available at https://www.righttoknow.org.au/request/c...
- − I also note that at least one individual mentioned in the same document, Dr Sean Smith, is no longer mentioned as the Director of NCI, and his own LinkedIn page says his employment at ANU and NCI concluded in December 2024. Surely this would contrad...
- − Claims that the investigation is ongoing, despite the redacted document being written in March 2024, and asking for the investigation to conclude 1 month later- either it has concluded, in which case there is no issue, or the ANU has taken over 8 mo...
- − The decision maker’s suggestion that the disclosure could also have a substantial adverse effect on the ANU’s ability to engage with similar firms in future is a bit far-fetched considering this is a document produced by the ANU, prior to an initial...
- − The decision maker has also made the weak argument that “release of conditionally exempt material could reasonably be expected to prejudice the University’s ability to effectively manage its personnel by publicly releasing specific details of invest...
- − There is also argument that release could impact the ANU’s ability to “manage issues of the same or similar nature in future”. I imagine the impact of people being aware that the ANU investigates issues it becomes aware of is only a positive one, an...
- The above points cover claims of conditional exemptions under section 47E(c),47E(d), and 47F.”
- I have taken into account the following:
- − The terms of your request
- − Documentation relevant to your request
- − Your request for internal review
- − Advice from University staff with responsibility for matters relating to the documents to which you sought access
- − The FOI Act 1982 (Cth) (“the Act”)
- − Guidelines published by the Office of the Australian Information Commissioner (OAIC) under section 93A of the Act (the FOI Guidelines)
- − Relevant Court, Tribunal and OAIC decisions.
- Internal Review Decision
- Having considered the document in its entirety, I consider the document is exempt under s. 42 and conditionally exempt under s. 47E (c) and 47F and the public interest does not support its release.
- My reasons follow.
- Section 42 – Legal Professional Privilege
- Section 42 covers documents subject to legal professional privilege (“LPP”)
- To attract LPP for a document:
- I am satisfied the document meets the above requirements as:
- I note that s. 42 is an exemption section, and no further consideration of the public interest is necessary.
- On that basis I consider the document is exempt in its entirety. However, I consider that the University waived those parts of the document released to you under the original decision.
- In addition, I have reconsidered the application of s. 47E(c) and s. 47F.
- Section 47E(c)
- This section conditionally exempts material disclosure of which would have a substantial adverse effect on the management of assessment of personnel by the Commonwealth or by an agency.
- The information covered by this exemption in the original decision consisted of material potentially disclosing workplace issues, which was collated to enable the law firm to conduct an investigation.
- I consider it essential to effectively manage staff that they have a way of confidentially raising workplace issues. If these expectations of confidentiality are not fulfilled it would have a negative effect on staff members raising employment issues ...
- While I note some material relating to potential workplace issues was in the public domain as you have stated, I do not consider that the mere existence of concerns means the specific material in the documents is well known.
- I have considered and agree with the public interest analysis set out under paragraph 4.2 of the original decision.
- Section 47F
- This section conditionally exempts material that would amount to an unreasonable disclosure of personal information.
- The information exempted under this section includes allegations that have been made but not investigated or proved against named persons. I consider it would be unreasonable to release this material, as release of it is likely to cause detriment and ...
- As such I consider this material is conditionally exempt from disclosure under s. 47F of the Act.
- Public Interest
- Section 11A (5) provides that access to a conditionally exempt document must be given unless access to that document would, at the time, be contrary to the public interest.
- In considering the public interest, I have also considered, as required by s. 11B (1) the public interest to:
- (a) promote the objects of this Act;
- (b) inform debate on a matter of public importance;
- (c) promote effective oversight of public expenditure;
- as well as any other relevant matters.
- I note the release of the information, may, to some degree, promote the objects of the Act in releasing information held by the University.
- However, I have identified the following factors against disclosure:
- s. 47E(c)
- S. 47F
- Taking all these matters into consideration, on balance, I am of the view the public interest does not favour the release of the material.
- Irrelevant Matters
- I have also had regard to section 11B (4) of the Act which sets out the factors which are irrelevant to my decision, which are:
- − Access to the documents could result in embarrassment to the Commonwealth
- − Government or cause a loss of confidence in the Commonwealth Government.
- − The authors of the documents were (or are) of high seniority in the agency to which the request for access to the documents was made; and
- − Access to the documents could result in confusion or unnecessary debate.
- I have not taken into account any of those factors in this review decision.
- Summary
- On reviewing the original decision, I have decided:
- The relevant document, except the parts that have previously been released, are exempt under s. 42 of the Act; and
- The parts of the document that were previously conditionally exempted under sections 42E(c) and 47F are conditionally exempt under those sections and the public interest does not support their release.
- Your review rights are outlined on the following page.
- Yours sincerely,
- Jonathan Churchill
- Chief Operating Officer