Our Ref
LEX1734
Bob Buckley
A4 Co-convenor
By email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Buckley,
Your Freedom of Information request - decision
I refer to your request, received by the Department of Employment and Workplace Relations
(department) on 28 August 2025, for access under the
Freedom of Information Act 1982 (FOI
Act) to the following documents:
“Please provide, in accordance with the provisions of the Freedom of Information Act
1982, all information about and records of communication since 1/9/2024 relating to
the National Autism Strategy (NAS) that was released earlier this year (2025)
between officials in your department (Department of Employment and Workplace
Relations) and the Department of Social Security (especially its NAS Oversight
Committee or its Secretariat).
Notably, the web page https://www.health.gov.au/committees-and-
groups/national-autism-strategy-oversight-council shows that Ms Nadine Groney
from DEWR was a member of the NAS Oversight Council so her communication with
DSS officials relating to the NAS are of interest.”
My decision
The department holds 45 documents (totalling 504 pages) that fall within the scope of your
request.
I have decided to:
• grant you
access in full to 4 documents (documents 4, 12, 20, and 21)
• grant you
access in part to 27 documents (documents 1, 3, 5 – 11, 13-17, 19, 22, 24
– 32, 34 and 41) on the basis that they contain exempt business information,
deliberative matter and Cabinet documents.
•
refuse access to 14 documents (documents 2, 18, 23, 33, 35 – 40 and 42 - 45) on the
basis they contain exempt business information, deliberative matter and Cabinet
documents.
GPO Box 9828, Canberra ACT 2601 | Phone 1300 488 064 | www.dewr.gov.au | ABN 96 584 957 427
A schedule of the documents and the reasons for my decision are set out at
Attachment A.
How we will send your documents
The documents being released are attached to my email to you.
You can ask for a review of my decision
If you disagree with any part of the decision, you can ask for a review. There are 2 ways you
can do this. You can ask for an internal review by the department or an external review by
the Australian Information Commissioner.
You can find information about your rights of review under the FOI Act, as well as
information about how to make a complaint at
Attachment B.
Further assistance
An extract of relevant legislation is available at
Attachment C.
If you have any questions, please email xxx@xxxx.xxx.xx.
Yours sincerely
Chris
Authorised decision maker
Department of Employment and Workplace Relations
27 October 2025
Attachment A
SCHEDULE OF DOCUMENTS – BOB BUCKLEY
Number
Pages
Date
Description
Decision
Exemptions and Comments
1.
1-4
05/09/24 –
Emails between DEWR and DSS: Re
Grant access in
Irrelevant material (Commonwealth
09/09/24
NAS
part
staff names, contact details,
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
2.
5-8
19/09/24
DEWR feedback on Draft NAS and
Refuse access
Deliberative matter deleted under
first year action items
section 47C(1) of the FOI Act.
3.
9-28
19/09/24 -
Emails between DEWR and DSS: Re
Grant access in
Irrelevant material (Commonwealth
23/12/24
proposed action for First Year Action part
staff names, contact details,
Plan
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
4.
29-41
14/01/25
National Autism
Grant access in
Strategy Stakeholder Toolkit
full
5.
42-53
14/01/25 –
Emails between DEWR and DSS: Re
Grant access in
Irrelevant material (Commonwealth
12/02/25
First Year Action Plan cross
part
staff names, contact details,
departmental meeting
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
6.
54
13/02/25
File note – telephone conversation
Grant access in
Irrelevant material (Commonwealth
with DSS
part
staff names) deleted under section 22 of
the FOI Act.
7.
55-58
18/02/25
Correspondence between DEWR
Grant access in
Irrelevant material (Commonwealth
and DSS: Re DSS and DEWR meeting part
staff names, contact details,
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
8.
59-62
19/02/25
DSS and DEWR meeting notes
Grant access in
Irrelevant material (Commonwealth
part
staff names, Commonwealth group
email addresses, dissemination limiting
markers that no longer apply) deleted
under section 22 of the FOI Act.
9.
63
19/02/25
DEWR and DoHA meeting Microsoft
Grant access in
Irrelevant material (Commonwealth
Teams chat
part
staff names, Commonwealth group
email addresses) deleted under section
22 of the FOI Act.
10.
64-68
24/02/25 –
Correspondence between DEWR
Grant access in
Irrelevant material (Commonwealth
27/02/25
and DSS: Re DSS and DEWR meeting part
staff names, contact details,
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
11.
69-77
03/03/25
Request for Quotation –
Grant access in
Irrelevant material (Commonwealth
National Autism Strategy – Service
part
staff names, contact details,
Providers
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
12.
78-79
13/03/25
Summary of Proposed
Grant access in
Procurements
full
13.
80-82
13/03/25
Correspondence between DEWR
Grant access in
Irrelevant material (Commonwealth
and DSS: Re NAS First Action Plan
part
staff names, contact details,
Procurement update
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
14.
83-86
30/04/25
Confidentiality Undertaking and
Grant access in
Irrelevant material (Commonwealth
Declaration of Interests
part
staff names) deleted under section 22 of
the FOI Act.
15.
87-89
30/04/25 –
Correspondence between DEWR
Grant access in
Business information deleted under
05/05/25
and DSS: Re NAS First Action Plan
part
section 47G of the FOI Act.
Procurement process and
evaluation panel
Irrelevant material (Commonwealth
staff names, contact details,
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply, email chains) deleted
under section 22 of the FOI Act.
16.
90-93
05/05/25
Confidentiality Undertaking and
Grant access in
Irrelevant material (Commonwealth
Declaration of Interests
part
staff names, identification details,
signatures) deleted under section 22 of
the FOI Act.
17.
94-100
05/05/25
Correspondence between DEWR
Grant access in
Irrelevant material (Commonwealth
and DSS: Re NAS First Action Plan
part
staff names, contact details,
Procurement process and
Commonwealth group email addresses,
evaluation panel
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
18.
101-215
08/05/25
Quotation submissions
Refuse access
Business information deleted under
section 47G of the FOI Act.
19.
216-227
08/05/25
Request for Quotation - National
Grant access in
Irrelevant material (Commonwealth
Autism Strategy – Employment
part
staff names, contact details,
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
20.
228-229
14/04/25 -
Request for Quotation 70019890
Grant access in
15/04/25
National Autism Strategy –
full
Employment Addendums
21.
230-245
08/05/25
National Autism Strategy RFQ –
Grant access in
70019890 – Employment – Panel
full
Assessments
22.
246-257
08/05/25 –
Correspondence between DEWR
Grant access in
Business information deleted under
20/05/25
and DSS
part
section 47G of the FOI Act.
Irrelevant material (Commonwealth
staff names, contact details,
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
23.
258-279
21/05/25
National Autism Strategy –
Refuse access
Business information deleted under
Employment Package - RFQ –
section 47G of the FOI Act.
70019890 Panel Comparative
Assessment
24.
280-281
21/05/25
Correspondence between DEWR
Grant access in
Irrelevant material (Commonwealth
and DSS Re: Signing Procurement
part
staff names, contact details,
Evaluation Report
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
25.
282-295
22/05/25
Procurement Evaluation Report
Grant access in
Business information deleted under
part
section 47G of the FOI Act.
Irrelevant material (Commonwealth
staff names, contact details, signatures)
deleted under section 22 of the FOI Act.
26.
296-300
22/05/25
Correspondence between DEWR
Grant access in
Irrelevant material (Commonwealth
and DSS Re: Signing Procurement
part
staff names, contact details,
Evaluation Report
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
27.
301-304
12/06/25
Confidentiality Undertaking and
Grant access in
Irrelevant material (Commonwealth
Declaration of Interests
part
staff names, identification numbers and
signatures) deleted under section 22 of
the FOI Act.
28.
305-309
12/06/25
Correspondence between DEWR
Grant access in
Irrelevant material (Commonwealth
and DSS Re: request for amendment part
staff names, contact details,
to Deed of Confidentiality
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
29.
310-313
11/07/25
Summary of Procurement activities
Grant access in
Business information deleted under
part
section 47G of the FOI Act.
30.
314-315
11/07/25
National Autism Policy Key Contacts Grant access in
Irrelevant material (Commonwealth
part
staff names, contact details,
Commonwealth group email addresses)
deleted under section 22 of the FOI Act.
31.
316-318
14/07/25
Correspondence between DEWR
Grant access in
Business information deleted under
and DSS Re: update on
part
section 47G of the FOI Act.
implementation
Irrelevant material (Commonwealth
staff names, contact details,
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
32.
319-321
03/09/24
Correspondence between DEWR
Grant access in
Irrelevant material (Commonwealth
and DSS re: comments on National
part
staff names, contact details,
Autism Strategy First Year Action
Commonwealth group email addresses,
Plan
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
33.
322-335
10/09/24
DEWR comments on National
Refuse access
Deliberative material deleted under
Autism Strategy First Year Action
section 47C(1) of the FOI Act.
Plan
34.
336-342
10/09/24 –
Correspondence between DEWR
Grant access in
Irrelevant material (Commonwealth
18/09/24
and DSS re: comments on draft
part
staff names, contact details,
proposed first year actions
Commonwealth group email addresses,
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
35.
343-348
18/09/25
Refuse access
Deliberative material deleted under
Draft proposed First Year Actions
section 47C(1) of the FOI Act.
36.
349-351
19/09/24 –
Refuse access
Irrelevant material (Commonwealth
08/10/24
staff names, contact details,
Commonwealth group email addresses,
Correspondence between DEWR
dissemination limiting markers that no
and DSS re: comments on draft
longer apply) deleted under section 22
proposed first year actions
of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
37.
352-356
13/11/24
Refuse access
Irrelevant material (dissemination
limiting markers that no longer apply)
Extract of National Autism Strategy
deleted under section 22 of the FOI Act.
First Year Action Plan
Deliberative material deleted under
section 47C(1) of the FOI Act.
38.
357-362
15/11/24
Table of existing Government
Refuse access
Deliberative material deleted under
programs to be featured in the First
section 47C(1) of the FOI Act.
Action Plan
39.
363-372
18/11/24
Refuse access
Irrelevant material (Commonwealth
staff names, contact details,
Correspondence between DEWR
Commonwealth group email addresses,
and DSS re: comments on existing
dissemination limiting markers that no
Government actions to be featured
longer apply) deleted under section 22
in First Action Plan
of the FOI Act.
Deliberative material deleted under
section 47C(1) of the FOI Act.
Cabinet material deleted under section
34(3) of the FOI Act.
40.
373-427
27/11/24
Refuse access
Cabinet material deleted under section
Draft National Autism Strategy
34(1)(a) of the FOI Act.
41.
428-437
Grant access in
Irrelevant material (Commonwealth
part
staff names, contact details,
Commonwealth group email addresses,
dissemination limiting markers that no
Correspondence between DEWR
longer apply) deleted under section 22
and DSS re: comments on existing
of the FOI Act.
programs to be featured in First
Action Plan
Deliberative material deleted under
section 47C(1) of the FOI Act.
Cabinet material deleted under section
34(3) of the FOI Act.
42.
438-440
29/11/24
Refuse access
Irrelevant material (Commonwealth
staff initials) deleted under section 22 of
DEWR feedback on Existing
the FOI Act.
Government Actions
Deliberative material deleted under
section 47C(1) of the FOI Act.
43.
441-447
29/11/24 –
Correspondence between DEWR
Refuse access
Irrelevant material (Commonwealth
02/12/24
and DSS re: comments on National
staff names, contact details,
Autism Strategy and First Action
Commonwealth group email addresses,
Plan
dissemination limiting markers that no
longer apply) deleted under section 22
of the FOI Act.
44.
448-503
02/12/24
Refuse access
Cabinet material deleted under section
Draft First Action Plan
34(1)(a) of the FOI Act.
45.
504
03/12/24
Refuse access
Irrelevant material (Commonwealth
staff names, Commonwealth group
Correspondence between DEWR
email addresses) deleted under section
and DSS re: comments on National
22 of the FOI Act.
Autism Strategy Exposure Draft
Deliberative material deleted under
section 47C(1) of the FOI Act.
REASONS FOR DECISION
What you requested
1. On 28 August 2025 the department received your request, seeking access under the FOI
Act to:
“Please provide, in accordance with the provisions of the Freedom of Information Act
1982, all information about and records of communication since 1/9/2024 relating to
the National Autism Strategy (NAS) that was released earlier this year (2025) between
officials in your department (Department of Employment and Workplace Relations)
and the Department of Social Security (especially its NAS Oversight Committee or its
Secretariat).
Notably, the web page https://www.health.gov.au/committees-and-groups/national-
autism-strategy-oversight-council shows that Ms Nadine Groney from DEWR was a
member of the NAS Oversight Council so her communication with DSS officials relating
to the NAS are of interest.”
2. On 10 September 2025, the department informed you that it would treat the following as
irrelevant to the scope of the request under section 22 of the FOI Act, unless you told us
otherwise:
• the names, signatures, staff identification numbers and direct contact details of
Commonwealth staff and Ministerial Office staff
• internal group emails of Commonwealth agencies
• security classifications (dissemination limiting markers) that are no longer applicable
or potentially misleading.
3. In that same correspondence the department noted that it would treat the following as
out of scope, unless you told us otherwise:
• duplicates
• email chains other than the final version of the chain
• drafts where there is a final version available
• documents that are publicly available.
4. As you did not inform us that you wished to have this information included in the scope
of your request, I have deleted the information as irrelevant material under section 22 of
the FOI Act.
5. On 24 September 2025, the department informed you that it would consult with certain
third parties because some of the requested documents contain information the third
parties might reasonably wish to contend should not be disclosed. The third parties did
object to the release of business information relating to them.
GPO Box 9828, Canberra ACT 2601 | Phone 1300 488 064 | www.dewr.gov.au | ABN 96 584 957 427
What I took into account
6. In reaching my decision, I took into account:
• your request dated 28 August 2025
• other discussions and correspondence with you
• the documents that fall within the scope of your request
• consultation with third parties about documents which contain information
concerning them/it
• consultation with other Commonwealth Government agencies about documents
which contain information concerning them/it
• consultations with departmental officers about the nature of the documents and the
operating environment and functions of the department
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (FOI Guidelines)
• the FOI Act.
Reasons for my decision
7. I am authorised to make decisions under section 23(1) of the FOI Act.
8. I have decided that certain documents and parts of documents that you requested are
exempt and/or conditionally exempt under the FOI Act. My findings of fact and reasons
for deciding that exemptions apply to those documents are discussed below.
Section 34 of the FOI Act: Cabinet Documents
9. I have applied the exemptions in section 34 of the FOI Act to documents or parts of
documents 39 – 41 and 44 (the Cabinet documents).
10. Relevantly, under section 34 of the FOI Act, a document is exempt:
• if it has been submitted to Cabinet for its consideration, or is or was proposed by a
Minister to be so submitted, and was brought into existence for the dominant
purpose of submission for consideration by Cabinet (‘Cabinet submission’) (section
34(1)(a)); or
• to the extent that it contains information the disclosure of which would reveal a
Cabinet deliberation or decision, unless the existence of the deliberation or decision
has been officially disclosed (section 34(3)).
11. In this regard, paragraph 5.72 of the FOI Guidelines provides that, to be exempt under
paragraph 34(1)(a) of the FOI Act, a document must have been created for the dominant
purpose of being submitted for Cabinet’s consideration and must have actually been
submitted or have been proposed by a sponsoring Minister to be submitted. Documents
of this class include Cabinet submissions or attachments to Cabinet submissions.
12. Further, paragraph 5.75 of the FOI Guidelines further provides that whether a document
has been prepared for the dominant purpose of submission to Cabinet is a question of
fact. The relevant time for determining the purpose is the time the document was
created.
13. In deciding that documents 40 and 44 are exempt from release under section 34(1)(a) of
the FOI Act, I have considered the purpose and content of the material in those
documents. I am satisfied that the material contained in those documents was
submitted to the Cabinet for its consideration. I am also satisfied that the material was
created for the dominant purpose of submission for consideration by the Cabinet.
Furthermore, consultations with Department of Health and Aging (DoHA) and Prime
Minister and Cabinet (PM&C) have confirmed that the material in those documents
were brought into existence for the dominant purpose of submission for consideration
by Cabinet.
14. Further, parts of documents 39 and 41 are exempt from release under section 34(3) of
the FOI Act, as they contain information which would reveal a Cabinet deliberation or
decision. In addition, consultations with both DoHA and PM&C have confirmed that the
existence of those deliberations or decisions have not been officially disclosed.
Section 47G of the FOI Act – business information
15. I have applied the conditional exemption in section 47G(1)(a) of the FOI Act to
documents 18 and 23, and parts of documents 15, 22, 25, 29 and 31 (the business
information documents).
16. Section 47G(1)(a) of the FOI Act relevantly provides that a document is conditionally
exempt if its disclosure would, or could reasonably be expected to, unreasonably affect
an organisation adversely in respect to its lawful business or professional affairs.
17. The FOI Guidelines states at paragraph 6.191 that:
The term ‘business affairs’ has been interpreted to mean ‘the totality of the money-
making affairs of an organisation or undertaking as distinct from its private or
internal affairs.
18. The business information documents contain applications in respect to a request for
tender related to provision of services in the administration of the National Autism
Strategy. These applications are a typical avenue of revenue generation for the relevant
businesses. Accordingly, I find that the business information documents relate to the
businesses’ commercial and financial affairs.
19. In the course of the applications for tender, the applying businesses disclosed
information detailing their operational methodology and other commercially sensitive
information. The business information documents also contain the department’s
assessments of those applications.
20. Disclosure of the businesses’ operational methodology could reasonably be expected to
prejudice that business, especially when in the context of detailing commercially
competitive tenders. This could reasonably be expected to advantage their competitors
and be unreasonably detrimental to their market position.
21. Disclosure of the department’s assessments of the applications for tender could
reasonably be expected to prejudice those businesses by providing inference of inferior
levels of commercial capability, or of the superior commercial capability of their
competitors.
22. I note that in addition to my reasoning, the businesses concerned provided objections to
the release of their business information during the department’s consultation with
them.
23. For the reasons set out above, I am satisfied that documents 18 and 23, and parts of
documents 15, 22, 25, 29 and 31, or could reasonably be expected to unreasonably
affect a business adversely in respect to its lawful business or professional affairs.
Accordingly, I am satisfied that those documents are conditionally exempt under section
47G(1)(a) of the FOI Act. I have considered the public interest below.
Section 47C of the FOI Act - Deliberative process
24. I have applied the conditional exemption in section 47C of the FOI Act to documents 2,
33, 35, 37, 38, 42 and 45, and to parts of documents 3, 32, 34, 36, 39 and 41 (the
deliberative material documents).
25. Section 47C of the FOI Act conditionally exempts a document where disclosure would
disclose 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 the Government of the Commonwealth.
26. Paragraph 6.47 of the FOI Guidelines provides that:
Deliberative matter is content that is in the nature of, or relating to either:
•
an opinion, advice or recommendation that has been obtained, prepared or recorded
or
•
a consultation or deliberation that has taken place, in the course of, or for the
purposes of, a deliberative process of the government, an agency or minister.
27. The information contained within the deliberative material documents are opinions,
advice and recommendations. The deliberative material documents also contain
consultation material.
28. I have consulted with the relevant line areas within the department, being the Targeted
Employment Policy and the Procurement Grants Policy branches. I have also consulted
with DoHA on the deliberative material documents.
29. DoHA has objected to the release of the deliberative material documents on the basis
that those documents contain deliberative matter, including options and opinions,
relevant to further programs that are being developed. DoHA confirmed that these
programs are subject to negotiations between the Commonwealth Government and
related stakeholders. Publication of this deliberative matter may prejudice the viability
of these future programs.
30. Based on those consultations, and my examination of the documents, I am satisfied that
the above documents were created in the course of the planning and development of
the National Autism Strategy.
31. Accordingly, I am satisfied that the above documents contain deliberative matter
prepared for the purposes of the deliberative processes of the department in the course
of the Commonwealth Government exercising its functions.
32. I place weight on DoHA’s comments that publication of the deliberative matter
documents may prejudice the viability of these future programs.
33. I consider that the exceptions in sections 47C(2) and 47C(3) of the FOI Act do not apply
as any purely factual information contained within the relevant parts of the documents
is intertwined with deliberative content such that it is impractical to excise it.
34. I have therefore decided that documents 2, 33, 35, 37, 38, 42 and 45, and to parts of
documents 3, 32, 34, 36, 39 and 41 are conditionally exempt under section 47C(1) of the
FOI Act. As I have found the relevant material is conditionally exempt, I am required to
consider whether it would be contrary to the public interest to grant access to the
conditionally exempt material at this time. I have considered the public interest below.
Public interest
35. Section 11A(5) of the FOI Act provides that an agency must give access to a document
that is conditionally exempt at a particular time unless (in the circumstances) access at
that time would, on balance, be contrary to the public interest.
36. When weighing the public interest for and against disclosure under section 11A(5) of the
FOI Act, I have taken into account relevant factors in favour of disclosure. In particular, I
have considered the extent to which disclosure would:
• promote the objects of the FOI Act
• inform debate on a matter of public importance
• promote effective oversight of public expenditure.
37. I have also considered the relevant factors weighing against disclosure, indicating that
access would be contrary to the public interest. In particular, I have considered:
• limited public interest in disclosure of the practices of the affected businesses
• prejudice to the commercial interests of the affected businesses
• the amount of publicly available material on the topic of the National Autism
Strategy
• prejudice to future Commonwealth programs.
38. Based on these factors, I have decided that, in this instance, the public interest in
disclosing the information in the abovementioned documents is outweighed by the
public interest against disclosure. I have not taken into account any of the irrelevant
factors set out in section 11B(4) of the FOI Act in making this decision.
39. For the reasons set out above, I am satisfied that the above-mentioned documents are
exempt under sections and 47G(1)(a) of the FOI Act. I have deleted the conditionally
exempt material and released the remaining material to you in accordance with section
22 of the FOI Act.
Section 22 of the FOI Act: access to edited copies with irrelevant/out of scope matter deleted
40. I have decided that documents 1, 3, 5 – 11, 13 – 17, 22, 24 – 28, 30 – 32, 34, 36, 37, 39,
41 – 43, and 45 contain irrelevant material being, Commonwealth staff names, contact
details, signatures, Commonwealth group email addresses, dissemination limiting
markers that no longer apply and material outside the scope of your request.
41. In accordance with section 22 of the FOI Act, I have deleted the irrelevant material. I
have deleted the remainder of documents 36, 39 and 43 on the basis that the material
remaining in those documents was skeletal in nature. I have decided to release the
remaining material to you.
Conclusion
42. In summary, I am satisfied that the documents or parts of documents are exempt under
sections 34(1)(a) and 34(3) of the FOI Act.
43. I am also satisfied that the documents and parts of documents are conditionally exempt
under sections 47C(1) and 47G of the FOI Act. Furthermore, I have decided that access
would, on balance, be contrary to the public interest.
44. Accordingly, I have decided not to release the documents or parts of documents to you. I
have deleted the exempt material and released the remaining material to you in
accordance with section 22 of the FOI Act.
Attachment B
YOUR RIGHTS OF REVIEW
Asking for an explanation of an FOI decision
Before you ask for a formal review of an FOI decision, you can contact us and we will explain
the decision to you.
Asking for a formal review of an FOI decision
If you still believe the decision is incorrect, the FOI Act gives you the right to apply for a
review of the decision. Under sections 54 and 54L of the FOI Act, you can apply for a review
of an FOI decision by:
• an internal review officer in the department and/or
• the Australian Information Commissioner.
Applying for an internal review by an internal review officer
If you apply for internal review, a different decision maker to the one who made the original
decision will review your request. The internal review decision maker will consider all
aspects of the original decision afresh and decide whether the decision should change.
An application for internal review must be made in writing within
30 days of receiving this
letter. You can lodge your application by either:
Post:
Information Law Team
Legal and Assurance Division
Department of Employment and Workplace Relations
Location Code: C50MA10EMP
GPO BOX 9828
CANBERRA ACT 2601
or
Email:
xxx@xxxx.xxx.xx
Applying for external review by the Australian Information Commissioner
If you do not agree with this decision, you can ask the Australian Information Commissioner
to review the decision.
You have
60 days to apply in writing for a review by the Australian Information
Commissioner
You can lodge your application in one of the following ways:
Online:
https://webform.oaic.gov.au/prod?entitytype=ICReview&layoutcode=ICReviewWF
Email:
xxxxx@xxxx.xxx.xx
Post:
Australian Information Commissioner
GPO Box 5288
SYDNEY NSW 2001
Complaints to the Australian Information Commissioner
Australian Information Commissioner
You may complain to the Australian Information Commissioner about action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act.
A complaint to the Australian Information Commissioner must be made in writing and can be
lodged in one of the following ways:
Online:
https://webform.oaic.gov.au/prod?entitytype=Complaint&layoutcode=FOIComplaintWF
Email:
xxxxx@xxxx.xxx.xx
Post:
Australian Information Commissioner
GPO Box 5288
SYDNEY NSW 2001
Attachment C
RELEVANT LEGISLATION
22 Access to edited copies with exempt or irrelevant matter deleted
Scope
(1) This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(ii) that to give access to a document would disclose information that would
reasonably be regarded as irrelevant to the request for access; and
(b) it is possible for the agency or Minister to prepare a copy (an
edited copy) of the
document, modified by deletions, ensuring that:
(i) access to the edited copy would be required to be given under section 11A (access
to documents on request); and
(ii) the edited copy would not disclose any information that would reasonably be
regarded as irrelevant to the request; and
(c) it is reasonably practicable for the agency or Minister to prepare the edited copy,
having regard to:
(i) the nature and extent of the modification; and
(ii) the resources available to modify the document; and
(d) it is not apparent (from the request or from consultation with the applicant) that the
applicant would decline access to the edited copy.
34 Cabinet documents
General rules
(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;
or
(b) it is an official record of the Cabinet; or
(c) it was brought into existence for the dominant purpose of briefing a
Minister on a document to which paragraph (a) applies; or
(d) it is a draft of a document to which paragraph (a), (b) or (c) applies.
(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 section (1) applies.
(3) A document is an exempt document to the extent that it contains information
the disclosure of which would reveal a Cabinet deliberation or decision,
unless the existence of the deliberation or decision has been officially
disclosed.
Exceptions
(4) A document is not an exempt document only because it is attached to a
document to which section (1), (2) or (3) applies.
Note: However, the attachment itself may be an exempt document.
(5) A document by which a decision of the Cabinet is officially published is not an exempt
document.
(6) Information in a document to which section (1), (2) or (3) applies is not exempt
matter because of this section if the information consists of purely factual
material, unless:
(a) the disclosure of the information would reveal a Cabinet deliberation or
decision; and
(b) the existence of the deliberation or decision has not been officially disclosed.
47C Public interest conditional exemptions—deliberative processes
General rule
(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.
Exceptions
(2) Deliberative matter does not include either of the following:
(a) operational information (see section 8A);
(b) purely factual material.
Note: An agency must publish its operational information (see
section 8).
(3) This section does not apply to any of the following:
(a) reports (including reports concerning the results of studies, surveys or
tests) of scientific or technical experts, whether employed
within an agency or not, including reports expressing the
opinions of such experts on scientific or technical matters;
(b) reports of a body or organisation, prescribed by the regulations, that is
established within an agency;
(c) the record of, or a formal statement of the reasons for, a final decision
given in the exercise of a power or of an adjudicative
function.
Note: Access must generally be given to a conditionally exempt document
unless it would be contrary to the to the public interest (see section 11A).
47G Public interest conditional exemptions—business
(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 professional 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 expected 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; or
(b) could reasonably be expected to prejudice the future supply of information to the
Commonwealth or an agency for the purpose of the administration of a law of the
Commonwealth or of a Territory or the administration of matters administered by an
agency.
(2) Subsection (1) does not apply to trade secrets or other information to which section 47 applies.
(3) Subsection (1) does not have effect in relation to a request by a person for access to a
document:
(a) by reason only of the inclusion in the document of information concerning that person in
respect of his or her business or professional affairs; or
(b) by reason only of the inclusion in the document of information concerning the business,
commercial or financial affairs of an undertaking where the person making the request is
the proprietor of the undertaking or a person acting on behalf of the proprietor; or
(c) by reason only of the inclusion in the document of information concerning the business,
commercial or financial affairs of an organisation where the person making the request is
the organisation or a person acting on behalf of the organisation.
(4) A reference in this section to an undertaking includes a reference to an undertaking that is
carried on by:
(a) the Commonwealth or a State; or
(b) an authority of the Commonwealth or of a State; or
(c) a Norfolk Island authority; or
(d) a local government authority.
(5) For the purposes of subsection (1), information is not taken to concern a person in respect of
the person’s professional affairs merely because it is information concerning the person’s
status as a member of a profession.
