
Docusign Envelope ID: 6AB2B4E5-3E3D-40E6-BFA0-39ECCFDEC65C
Peter Christensen Senior Information Governance
and Access Officer
University Governance Office
xxx@xxx.xxx.xx
18 November 2025
Tom Waters
Via Email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
SUBJECT FOI 202500194– Decision Notice
Dear Tom Waters,
On 14 August 2025, the Australian National University received your request seeking access to
documents under the
Freedom of Information Act 1982 (the Act)
.
On 12 September 2025, the University contacted you and requested an extension of time under
section 15AA of the Act. Your agreement to the 15AA extension was received on 13 September
2025, providing a new decision date of 13 October 2025.
On 4 November 2025, the University contacted you and advised that third party consultation was
required regarding your request, in accordance with section 27 of the Act, providing a new decision
date of 13 November 2025.
1. Scope of Request
I have taken your request to be as follows:
‘Any documents (including emails) produced by external consultancy firms that discuss ANU's
appearance at the Senate hearing on August 12.
The Australian National University
Canberra 2600, ACT Australia
TEQSA Provider ID: PRV12002 (Australian University)
CRICOS Provider Code: 00120C

Docusign Envelope ID: 6AB2B4E5-3E3D-40E6-BFA0-39ECCFDEC65C
Please limit the search to any such documents that have been sent or received by: the
Chancellor's Office, the Vice-Chancellor's Office, the COO's Office, or the CMCO's Office’
The purpose of this letter is to provide you with a decision on your request for access under the
Act.
2.
Authority to Make Decision
I am an officer authorised under section 23 of the Act to make decisions in respect of requests to
access documents or to amend or annotate records.
3. Relevant Material
In reaching my decision I referred to the following:
• The terms of your request
• Documents relevant to the request
• Advice from University staff with responsibility for matters relating to the documents
to which you sought access
• Advice from third parties on consultation
• The Act
• Guidelines published by the Office of the Australian Information Commissioner (OAIC)
under section 93A of the Act (the FOI Guidelines)
4. Decision
ANU has located two (2) documents relevant to your request.
I have decided document 1 is a partially exempt document under section 47F of the Act and will be
released to you with the appropriate redactions, for the reasons discussed below.
Document 2 is a fully exempt document in accordance with sections 47(1) and 47G of the Act and
will not be supplied to you for the reasons outlined below.
4.1 Section 47 of the Act – Documents disclosing trade secrets or commercially valuable
information
Under the Act, documents are exempt from disclosure if such a disclosure would reveal trade
secrets, or any other information that has commercial value that would or could reasonably be
expected to be destroyed or diminished if the information was disclosed.
The Australian National University
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Docusign Envelope ID: 6AB2B4E5-3E3D-40E6-BFA0-39ECCFDEC65C
Document 1 contains significant amounts of material that a consultant prepared for the University
under contract. The nature of this material means that it holds significant value to other
organisations if it were released. Therefore, I am reasonably satisfied that release would
significantly diminish the value of the information as follows:
➢ ANU would no longer enjoy the exclusive use of information it had paid the consultant to
produce; and
➢ The consultant would not be able to use the information either in part or wholly, to
continue to derive a financial or commercial benefit from it, as its release would place the
material in the public domain.
4.2 Section 47F of the Act – Personal information
Section 47F of the Act provides that material is conditionally exempt if its disclosure under this Act
would involve the unreasonable disclosure of personal information about any person.
The information considered exempt under this section of the Act contains the names and contact
details of external third parties. I have decided that the disclosure of this personal information
would be an unreasonable disclosure of personal information about those persons.
The Act states that, when deciding whether the disclosure of the personal information would be
‘unreasonable’, I must have regard to four factors set out in section 47F(2) of the Act. I have
therefore considered each of these factors below:
• The extent to which the information is well known
• Whether the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document
• The availability of the information from publicly available resources
• Any other matters that the agency or the Minister considers relevant
I am satisfied that the disclosure of the redacted information within the documents would involve
an unreasonable disclosure of personal information about those individuals. This information is not
available from publicly accessible sources.
I have decided that the information referred to above is conditionally exempt under section 47F of
the Act. Access to a conditionally exempt document must generally be given unless it would be
contrary to the public interest to do so.
The Australian National University
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CRICOS Provider #00120C

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I have turned my mind to whether disclosure of the information would be contrary to the public
interest and have included my reasoning in that regard below.
The Public Interest
Section 31B of the Act provides that material is exempt if it is conditionally exempt under
Division 3, and access to the material would also, on balance, be contrary to the public interest for
the purposes of s.11A(5) of the Act.
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:
• 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. These documents are not available
from publicly accessible sources. I have had regard to the fact that 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.
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;
• Access to the documents could result in confusion or unnecessary debate.
I have not taken into account any of those factors in this decision.
The Australian National University
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CRICOS Provider #00120C

Docusign Envelope ID: 6AB2B4E5-3E3D-40E6-BFA0-39ECCFDEC65C
Balancing all of the above relevant public interest considerations, I have concluded that the
disclosure of the conditionally exempt information in the documents is not in the public interest
and therefore the material is exempt from disclosure under the FOI Act.
4.3 Section 47G of the Act- Business information
Section 47G(1)(a) provides in the relevant part that:
(1) A document is conditionally exempt if its disclosure under this Act would disclose information
concerning a person in respect of his or her business or personal affairs or concerning the
business, commercial or financial affairs of an organisation or undertaking, in a case in which
the disclosure of the information:
(a) would, or could reasonably be expect to, unreasonably affect that person adversely in
respect of his or her lawful business or professional affairs or that organisation or
undertaking in respect of its lawful business, commercial or financial affairs.
The documents considered exempt under this section of the Act contain commercial and sensitive
business information in relation to the professional and business affairs of a third party. This
information is not publicly available. I am satisfied that the disclosure of Document 2 would or
could reasonably be expected to unreasonably affect the third party in respect of its lawful
business and commercial affairs by allowing its competitors to replicate its products, appropriate
its unique expertise, and ultimately weaken its commercial edge in the government relations
consultancy industry.
On this basis, I consider that some information contained in the documents is conditionally exempt
under section 47G(1)(a) on the grounds that disclosure of the exempt material would disclose
information concerning the professional affairs of a third party and would, or could reasonably be
expected to, unreasonably adversely affect the third party in respect of their lawful business,
commercial and financial affairs.
For the reasons discussed above, I have decided that some information contained in the
documents is conditionally exempt under s 47G.
The Public Interest
Even though I have decided that some information contained in the documents is conditionally
exempt under section 47G, I am also required to consider whether disclosing this information
The Australian National University
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Docusign Envelope ID: 6AB2B4E5-3E3D-40E6-BFA0-39ECCFDEC65C
would, on balance, be contrary to the public interest. If I am not satisfied of that, access must be
given.
Section 31B of the Act provides that a document is exempt if it is conditionally exempt under
Division 3, and access to the document would also, on balance, be contrary to the public interest
for the purposes of section 11A(5) of the Act.
I have weighed the factors in favour of disclosure versus those against it.
I have identified the following factors for disclosure:
• it would promote the objects of the Act, as described in section 3;
• disclosure would provide limited transparency of actual costs of services procured by the
University.
I have identified the following factors against disclosure:
• disclosure of the documents would reveal commercial information that is not generally
known and could be expected to unreasonably adversely impact commercial operations of
a third party; and
• disclosure of conditionally exempt material would harm the professional business interests
of the third party by diminishing their ability operate in a competitive market.
On balance, I consider that the public interest favours the protection of the material considering
the factors listed above. I consider it would be contrary to the public interest to release the
confidential information contained within these documents. 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;
• Access to the documents could result in confusion or unnecessary debate.
I have not taken into account any of those factors in this decision. Therefore, I find that the
documents as listed on the Schedule are exempt from release under s 47G.
The Australian National University
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CRICOS Provider #00120C

Docusign Envelope ID: 6AB2B4E5-3E3D-40E6-BFA0-39ECCFDEC65C
A copy of the document schedule is enclosed with this letter.
Your review rights are outlined on the following page.
Yours sincerely
Mr Peter Christensen
Senior Information Governance and Access Officer
University Governance Office
Australian National University
The Australian National University
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Docusign Envelope ID: 6AB2B4E5-3E3D-40E6-BFA0-39ECCFDEC65C
Your review rights
If you are dissatisfied with my decision, you may apply for internal review or Information
Commissioner review of the decision. We encourage you to seek internal review as a first step as it
may provide a more rapid resolution of your concerns
Application for Internal Review of Decision
Section 54A of the Act, gives you the right to apply for an internal review of my decision.
It must be made in writing within 30 days of receipt of this letter, no particular form is required but
it is desirable to set out in the application the grounds on which you consider the decision should
be reviewed.
The application should be addressed to Freedom of Information at
xxx@xxx.xxx.xx.
Application for Information Commissioner Review of decision
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to
review my decision. An application must be made in writing within 60 days of the date of this
letter, and be lodged in one of the following ways:
Form: either online form or downloadable form available at
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-
rights/freedom-of-information-reviews/information-commissioner-review
email:
xxxxx@xxxx.xxx.xx
Post: Director of FOI Dispute Resolution, GPO Box 5288, Sydney NSW 2001
More information is available on the Office of the Australian Information Commissioner website.
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-
of-information-reviews
The Australian National University
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Document Outline