To: Luke
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Luke,
Freedom of Information Request No. FOI 2025-04 I refer to the most recent correspondence of 27 June 2025 sent to you by the Department of
Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (
the
department), advising you that your
Freedom of Information Act 1982 (
FOI Act) request has
been transferred to Infrastructure Australia (
IA).
Your request is taken to have been received on 10 June 2025 and as a result a decision in
response needs to be made by today, 10 July 2025.
You have sought access to:
Any documents relating to the review of the business case delivered by the High Speed
Rail Authority for the route between Newcastle and Sydney
I am an authorised decision-maker under section 23 of the FOI Act and this letter sets out
my decision on your request for access.
Summary of my decision
IA is conducting an evaluation of the business case to connect Newcastle to Sydney with
high-speed rail prepared by the High-Speed Rail Authority (
the Business Case). I have
identified 12 documents relating to this evaluation and coming within the scope of your
request. These documents are described in the attached
Schedule of documents.
I have decided to release 2 documents, one with minor redactions to withhold the name
and contact details of non-executive members and items not related to the High Speed
Rail project, on the basis that it is usual for IA to withhold these details.
I have decided the other 10 documents are fully exempt from release under:
• section 34(2), on the basis that the Business Case is wholly exempt from disclosure
as it is a Cabinet document and the documents contain information from the business
case, and
• section 47C, on the basis the documents contain deliberative matter, the disclosure
of which at this time would be contrary to the public interest.
My reasons for this decision are set out below.
Reasons For Decision
Material taken into account
In making my decision, I have had regard to:
a. the terms of your request;
b. the documents to which you sought access;
c. relevant provisions of the FOI Act;
d. consultation with the department and the Department of Prime Minister and Cabinet
(
PM&C); and
e. the Information Commissioner’s Guidelines (
Guidelines).
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Section 34 - Cabinet documents
Section 34 of the FOI Act relevantly provides:
(1) A document is an exempt document if:
(a) both of the following are satisfied:
(i) it has been submitted to the Cabinet for its consideration, or is or was
proposed by a Minister to be so submitted;
(ii) it was brought into existence for the dominant purpose of submission for
consideration by the Cabinet; …
(2) A document is an exempt document to the extent that it is a copy or part of, or
contains an extract from, a document to which subsection (1) applies.
The Guidelines relating to section 34 of the FOI Act state that agencies should refer to the
Cabinet Handbook issued by PM&C for guidance about Cabinet processes and the
underlying principles of the Cabinet System. The Handbook states that agencies must
consult with PM&C on any Cabinet-related material identified as being within the scope of an
FOI request.
IA has consulted the department and is aware that PM&C has been consulted regarding the
application of the section 34 exemption to the Business Case. I understand from those
consultations and am satisfied that in accordance with section 34(1)(a):
• the Business Case was brought into existence for the dominant purpose of
submissions to Cabinet,
• it has been submit ed to the Cabinet for its consideration.
Under section 34(2), a document is exempt to the extent it ‘contains an extract from’ a
document to which section 34(1)(a) applies. I have reviewed each of the 10 documents. I
have identified substantial information in each of the documents that reproduces and reveals
the content of the Business Case. On that basis, I have decided much of the content of each
of these documents is exempt from release under section 34(2).
Section 47C – deliberative processes
Section 47C of the FOI Act most relevantly provides:
(1) A document is conditionally exempt if its disclosure under this Act would disclose
matter (deliberative matter) in the nature of, or relating to, opinion, advice or
recommendation obtained, prepared or recorded, or consultation or deliberation that
has taken place, in the course of, or for the purposes of, the deliberative processes
involved in the functions of:
(a) an agency; or
(b) a Minister; or
(c) the Government of the Commonwealth.
Deliberative matter
I find that each of the documents exempted under s 47C would, if disclosed, disclose
opinion, advice or recommendation obtained, prepared or recorded, or consultation or
deliberation that has taken place in the deliberative processes of IA. The documents all
relate to IA’s internal consideration and analysis of the Business Case, which is ongoing.
None of the content is excluded information
Section 47C(2) excludes ‘operational information’ and ‘purely factual material’. I have
considered whether the documents contain operational information (as defined in s 8A) or
purely factual material. In my view, none of the content is operational information and to the
extent the information in the documents is factual, it is so intertwined with deliberative
information that in my view it is not
purely factual material.
2
Infrastructure Australia
Level 28, 252 Pit Street, Sydney NSW 2000
www.infrastructureaustralia.gov.au
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I have also considered section 47C(3) which excludes ‘reports … of scientific or technical
experts’ and formal statements of reasons. None of the documents are of this kind.
I find that the documents are conditionally exempt under s 47C of the FOI Act. Nonetheless I
must give access to the documents unless, in the circumstances, access at this time would
on balance be contrary to the public interest (s 11A(5) of the FOI Act).
Public interest
The Guidelines state at paragraph 6.224 (footnotes omitted):
The public interest is considered to be:
• something that is of serious concern or benefit to the public, not merely of individual
interest
• not something of interest to the public, but in the interest of the public
• not a static concept, where it lies in a particular matter wil often depend on a
balancing of interests
• necessarily broad and non-specific, and
• related to matters of common concern or relevance to all members of the public, or a
substantial section of the public.
I have considered each of the factors favouring access in section 11B(3) of the FOI Act. I
have not considered the irrelevant factors in section 11B(4).
In balancing the public interest in this case, I have also considered the following factors for
and against disclosure.
Factors for disclosure
a. informing the community about the Government and IA’s evaluation of High Speed
Rail and consideration of the Business Case, and
b. enhancing the scrutiny of government decision making.
Factors against disclosure
a. the public interest in maintaining the confidentiality of Cabinet deliberations and
processes
b. the Business Case is stil in the planning and development stage and is the subject of
ongoing consideration by the Government, and
c. the need to preserve confidential and highly sensitive information. The material
contains information critical to the planning and assessment of options for developing
and delivering this nationally significant infrastructure project. It contains information
about the financial and property interests of the Commonwealth including potential
routes and station locations as well as financial material that wil directly inform future
procurement activities.
Consideration
Major infrastructure proposals attract a justifiable degree of public scrutiny. I consider it to be
in the public interest for the community to be informed about government consideration of
significant transport proposals, such as the proposed Newcastle to Sydney initiative. I also
consider it to be in the public interest for government decision making on these initiatives to
be subjected to scrutiny.
3
Infrastructure Australia
Level 28, 252 Pit Street, Sydney NSW 2000
www.infrastructureaustralia.gov.au
OFFICIAL
In this case, IA’s evaluation process offers a significant level of public transparency. IA
follows an established process in conducting its evaluations. IA carries out these evaluations
where project proposals that are nationally significant or where an Australian, state or
territory government is seeking an investment from the Commonwealth of more than $250
mil ion. An explanation of IA’s evaluation process is publicly available (see: Evaluations |
Infrastructure Australia), and IA publishes completed evaluations online.
At this stage of the process, releasing the documents in issue would undermine the
confidentiality of a Cabinet process, and interfere with IA’s evaluation process.
I consider that, in the circumstances, on balance, disclosure of the information in the 10
documents I have decided are conditionally exempt under section 47C is contrary to the
public interest. Accordingly, I have decided that each of these documents is exempt under
section 47C of the FOI Act.
Review Rights
If you are dissatisfied with this decision, you are entitled to seek review of this decision.
Internal review
Under section 54 of the FOI Act, you may apply for an internal review of the decision. Your
application must be made within 30 days of you receiving this notice. There is no fee to
make a request for an internal review.
An internal review wil be conducted by a dif erent officer from the original decision-maker.
No particular form is required to apply for review although it wil 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 addressed to:
FOI Officer
Infrastructure Australia
Level 28, 252 Pit Street,
Sydney NSW 2000
Email: xxx@xxxxxxxxxxxxxxxxxxxxxxx.xxx.xx
If you choose to seek an internal review, you wil subsequently have a right to apply to the
Australian Information Commissioner for a review of the internal review decision.
Review by the Australian Information Commissioner
Alternatively, under section 54L of the FOI Act, you may seek review of this decision by the
Australian Information Commissioner without first going to internal review. Your application
must be made within 60 days of you receiving this notice.
The Australian Information Commissioner is an independent office holder who may review
decisions of agencies and Ministers under the FOI Act. More information is available on the
Australian Information Commissioner's website www.oaic.gov.au.
You can contact the Information Commissioner to request a review of a decision online.
Complaints to Ombudsman or Australian Information Commissioner
You may complain to either the Commonwealth Ombudsman or the Australian Information
Commissioner about action taken by Infrastructure Australia in relation to your request. The
4
Infrastructure Australia
Level 28, 252 Pit Street, Sydney NSW 2000
www.infrastructureaustralia.gov.au
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Ombudsman wil consult with the Australian Information Commissioner before investigating a
complaint about the handling of an FOI request.
Enquiries to the Ombudsman can be directed to:
Phone 1300 362 072 (local call charge)
Email xxxxxxxxx@xxxxxxxxx.xxx.xx
Enquiries to the Australian Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Ombudsman or the
Australian Information Commissioner. The request should be in writing and should set out
the grounds on which it is considered that the action taken in relation to the request should
be investigated and identify IA as the relevant agency.
Contacts
If you require clarification of any of the matters discussed in this letter, please do not hesitate
to contact me on 0428 447 038 or email xxx@xxxxxxxxxxxxxxxxxxxxxxx.xxx.xx .
Yours sincerely
David Tucker
Chief of Project Advisory & Evaluation
Infrastructure Australia
5
Infrastructure Australia
Level 28, 252 Pit Street, Sydney NSW 2000
www.infrastructureaustralia.gov.au
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Freedom of Information Request No. FOI 2025-04
Schedule of documents
Document
Date
Description
Decision
1.
Business case
14.01.25
This is a checklist template
Exempt under s
acceptance checklist
that outlines how the High
34(2) and s 47C
Speed Rail (HSR) business
case aligns with the
requirements of Infrastructure
Australia’s Assessment
Framework
2.
Map request form - HSR 15.01.25
An internal form requesting
Exempt under s
IA’s mapping resource to map 34(2) and s 47C
the HSR alignment
3.
HSR acceptance
23.01.25
Email outlining approval of
Release (excluding
confirmation
acceptance of the HSR
identifying
business case for evaluation
information of non-
executive members
and items not
related to High
Speed Rail)
4.
Proposal Evaluation
23.01.25
An internal form requesting an Release in full
Website update
update to be made to IA’s
website to reflect that IA has
accepted the Business Case
for evaluation
5.
Stage 3 Evaluation
05.02.25
Clarification questions sent by Exempt under s
Summary_S2N HSR
IA to HSR Authority on
34(2) and s 47C
Clarification
elements of the Business Case
Questions_250205.pdf
6.
Stage 3 Evaluation
10.02.25
A word document of IA’s
Exempt under s
Workbook_ S2N HSR
internal analysis of the
34(2) and s 47C
DRAFT
Business Case
7.
Stage 3 Evaluation-S2N 10.02.25
A spreadsheet of IA’s internal
Exempt under s
HSR Waterfall Chart
analysis of the Business Case 34(2) and s 47C
DRAFT
8.
20250205_IA Stage 3
13.02.25
Responses by HSR Authority
Exempt under s
Evaluation Summary
to IA’s clarification questions
34(2) and s 47C
Clarifications_HSRA
response (1).pdf
9.
HSR Evaluation update 15.04.25
A presentation on the
Exempt under s
evaluation of the HSR
34(2) and s 47C
business case for IA’s
Commissioners
10.
Draft Stage 3 Evaluation 05.05.25
Draft of the evaluation of the
Exempt under s
report
Business Case
34(2) and s 47C
11.
Draft Minutes 5 May
05.05.25
Part of the minutes of an
Exempt under s
2025 (official sensitive)
Accountable Authority meeting 34(2) and s 47C
that discuss the Business
Case evaluation
12.
HSR queries.msg
13.06.25
Further clarification questions
Exempt under s
sent to HSR Authority by IA
34(2) and s 47C
6
Infrastructure Australia
Level 28, 252 Pit Street, Sydney NSW 2000
www.infrastructureaustralia.gov.au
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FOI 2025-04
Document 3
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Date
21 January 2025
Time
9:30am - 10:45am (Sydney time)
Location
BY MS TEAMS VIDEOCONFERENCE Details provided in
meeting invite
Terms of Reference
TOR approved 6 August 2024
Chair
Adam Copp
Members
Adam Copp, Chief Executive Officer
Director, Communications & Engagement
Director, Data, Strategy & Insights
Manager, Project Advisory &
Evaluation
Director, Project Advisory & Evaluation
David Tucker, Chief Project Advisory & Evaluation
Director, Government Relations
Director, Project Advisory & Evaluation
Executive Support Officer
Executive Assistant
Associate Director, Project Advisory &
Evaluation A/Director, Project Advisory & Evaluation
Director, Policy & Research
Associate Director, Project Advisory &
Evaluation
Rai Fergusson, Chief Digital & Data Officer
Director, Policy & Advocacy
Steve Brogan, Chief Policy & Research
Apologies
Director, Project Advisory & Evaluation
Director, Government Relations
Item
Timing
Who
1
Governance
9:30am
1.1
Chair’s welcome - Acknowledgement of Country
Chair
1.2
Declaration of Interests
Chair
1.3
Confirmation of Minutes from previous meeting
Chair
1.4
Action Sheet
Chair
2
Agenda items
·
2.1
·
9:35am
·
·
·
High Speed Rail (5 mins)
2.2
·
10:20am
3
Agree new actions
10:35am
Chair
4
Close
10:45am
Have a lovely weekend!!
Thank you.
@infrastructureaustralia.gov.au
Level 19, 60 Martin Place, Sydney NSW 2000 | Gadigal Land
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Infrastructure Australia acknowledges the Traditional Owners of Country throughout Australia and
recognises the continuing connection to lands, waters, and communities. We pay our respect to First Nations
cultures and to Elders past and present.
We value flexible working. While it suits me to send this email now, I do not expect a response outside of
your own working hours.
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FOI 2025-04
Document 4
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Proposal Evaluation Website Update
Use the below form to add or update content found on the Proposal
Evaluations webpage.
Status of The Project
☒Under evaluation
(choose one)
☐Past evaluation
☐Under delivery or Operational
Title
High Speed Rail – Newcastle to Sydney
Accepted for evaluation
23/01/2025
Evaluation date
N/A
Assessment Status
☒Evaluation underway
(choose one)
☐Awaiting information from the proponent
Summary (one liner that
The Newcastle to Sydney High Speed Rail proposal seeks to
can be seen in the table) establish the first part of a national high speed rail network.
Content Body
The Newcastle to Sydney High Speed Rail proposal intends to
establish an efficient and reliable transport solution between
Newcastle and Sydney, one of Australia’s busiest regional corridors.
The proposal covers 194 kilometres of tracks, including 115km of
tunnels, and is proposed to be delivered in two stages. The
proposal provides an alternative to existing transport options to
support the additional 9.2 million people expected in the corridor
by 2061.
The Newcastle to Sydney corridor is the first stage of a national
high speed rail network. The long-term vision is to connect
Brisbane, Sydney, Canberra and Melbourne through over 1,800
kilometres of dedicated high speed rail tracks.
In 2023, the Australian Government committed $500 million to the
early stages of developing high speed rail.
Proponent
High Speed Rail Authority
Sector eg. Road,
Transport
Education, Social,
Technology, Port
Location (State)
NSW
Year
2025
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