
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
Steve Hanua
Email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
FOI Request 202500088 – Internal review Decision
Dear Steve
On 16 May 2025, the Australian National University received your request seeking access to documents
under the Freedom of Information Act 1982 (the Act).
Scope of Request
The scope of your request was as follows:
“Under a contract signed between the ANU and Nous Group in March 2024, Nous Group agreed to
provide the ANU with an understanding of "how the Australian HE sector behaves and how the ANU
situates itself through expert insight into the choices being made by universities." The final report, to
be delivered on 6 May 2024, was to capture the "key insights, lessons and practical actions."
Under the FOI Act, I would like to request a copy of that report.”
On 10 June you were sent notice of the decision in relation to your request, which was to release one
document to you with redactions under sections 47 and 47C of the Act, redacting the substantive contents of
the document.
Request for Internal Review
On 11 June 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 'Nous Group Final Report on the Australian HE Sector and how the ANU situates itself'
(#202500088).
Grounds for Internal Review
1. Section 47C of the Act – Deliberative Material
The decision maker has made an error regarding the timing of the commissioned work and its
relationship to any deliberative process about "Renew ANU."
The decision states that the material "constitutes advice or recommendations that have been
procured from a third party for the purposes of supporting/guiding deliberations that have
occurred as part of a deliberative process of the University – specifically, how it would approach
and structure the Renew ANU initiative."
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
The commissioning of this work from the Nous Group commenced in mid-January 2024. The
contract was signed in March 2024 with delivery in May 2024. At this time, the University had
not yet decided to undertake any "Renew ANU" initiative. The report could not have been
commissioned to inform deliberations about structuring an initiative that did not yet exist.
Under s 47C(1), deliberative matter must be obtained, prepared or recorded "in the course of, or
for the purposes of, a deliberative process." Material obtained before there was a known
requirement for deliberation cannot be deliberative matter.
The report was commissioned for general strategic understanding of the sector, not for any
specific deliberative process about university restructuring. This is evident from the contract
scope which sought understanding of "how the Australian HE sector behaves" - a broad
analytical exercise, not deliberative matter.
2. Section 47 of the Act – Documents disclosing trade secrets or commercially valuable
information
The decision maker has applied a blanket redaction to the entire report without conducting the
required document-by-document, section-by-section analysis mandated by s 22 of the FOI Act.
Significant portions of any sector analysis would necessarily include information already in the
public domain about the operations of universities in the sector.
Under s 47(1)(b), information has commercial value only if that value "would be, or could
reasonably be expected to be, destroyed or diminished if the information were disclosed."
Information already in the public domain cannot meet this test.
Section 22 requires agencies to provide edited copies where practicable. The decision maker has
failed to consider whether public domain information could be separated from any genuinely
commercially sensitive material.
3. Section 11A(5) - Public Interest Test
The decision identifies only one factor favouring disclosure (promoting the objects of the Act)
but fails to properly consider other mandatory factors under s 11B(3):
* Inform debate on matter of public importance: University restructuring and strategic direction
is clearly a matter of significant public interest to students, staff, and the broader community
* Promote effective oversight of public expenditure: The University is substantially publicly
funded, and expenditure on external consultants warrants public scrutiny
Additional factors favouring disclosure not considered:
* Enhancing scrutiny of government decision-making (per s 3 objects)
* Revealing the reason for government decisions and contextual information
* Contributing to transparency in the use of public resources
Several factors cited against disclosure lack proper evidence or reasoning:
* "Chilling effect" claim: No evidence provided that disclosure would actually impact future
deliberations, particularly given the report was not commissioned for deliberative purposes
* "Strategic initiatives still underway": Vague assertion without identifying what specific harm
would result
* "Efficacy of advice" claim: No explanation of how disclosure would impact efficacy
The decision does not explain the relative weight given to factors or justify why factors against
disclosure outweigh those favouring disclosure, as required by the Act.
Request for Fresh Decision
I request that the decision be set aside and a fresh decision made that:
The Australian National University
2

Docusign Envelope ID: E6B585FE-EEE8-4FD9-BA39-223790FBBFB5
* Recognizes that the Nous Group report was not commissioned for deliberative purposes and
therefore s 47C does not apply
* Conducts a proper analysis under s 47 that separates public domain information from any
genuinely commercially sensitive material
* Applies a proper public interest test that considers all relevant factors and provides adequate
reasoning for the balancing exercise
The public interest strongly favours disclosure of this report, which was commissioned using
public funds to analyse the public higher education sector.
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
In reaching my decision I referred to the following:
− The terms of your request
− Documentation relevant to your request
− Advice from University staff with responsibility for matters relating to the documents to which you
sought access
− Consultation with third parties who have an interest in the documents you sought
− The FOI Act 1982 (Cth)
− Guidelines published by the Office of the Australian Information Commissioner (OAIC) under section
93A of the Act (the FOI Guidelines)
Internal Review Decision
Having considered the document in its entirety I consider that the document is exempt under s. 47 of the Act
and substantive parts of the document are conditionally exempt under section 47C of the Act and the public
interest does not support its release.
Section 47
Section 47 exempts documents disclosing trade secrets or commercially valuable information.
I consider that significant parts of the document contain commercially valuable information that is the
consultant’s product from its own research and experience. This information is valuable in the sense that the
consultant’s competitors would be prepared to pay for this information without having to undertake the
research, and that if the information became public knowledge, the consultant would lose the commercial
value of the work.
The document is therefore exempt under s. 47.
Section 47C
The document was provided to ANU to provide advice and recommendations for future action – how it
would approach and structure the Renew ANU Initiative.
The Australian National University
3

Docusign Envelope ID: E6B585FE-EEE8-4FD9-BA39-223790FBBFB5
As such, I am satisfied it is “deliberative matter” under the FOI Act and thus conditionally exempt under that
section.
Public Interest and s. 47C
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.
In applying this test, I have weighed the factors in favour of disclosure against those against it.
I have identified the following factor for disclosure:
− Access to the documents would promote the objects of the Act, as described in section 3.
I have identified the following factors against disclosure:
− Protecting deliberative processes ensures that agencies can develop well considered approaches to
initiatives without unnecessary external pressure or interference.
− Exposing internal deliberations would have a chilling effect on future discussions, potentially
impacting their effectiveness.
− The information is not publicly available.
− The strategic initiatives to which the advice and other deliberative matter relates is still underway –
meaning that the potential for harm following disclosure is currently markedly higher than if the
initiative had been finalised.
On balance I consider that the release of this material would be contrary to the public interest.
Section 11B(4) – Irrelevant Considerations
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.
The Australian National University
4

Docusign Envelope ID: E6B585FE-EEE8-4FD9-BA39-223790FBBFB5
I have not taken into account any of those factors in this decision.
Your review rights are set out 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