FOI25403 Attorney Generals Department decision and Attachments A C.pdf

Our ref:
FOI25/403; CM25/24900

3 November 2025

David Hollingworth
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Hollingworth
Freedom of Information Request FOI25/403 – Decision letter
I write to give you a decision about your request to the Attorney-General's Department (the department)
for access to documents under the Freedom of Information Act 1982 (the FOI Act).
Your request
On 2 September 2025, you requested access to:
Fol owing both the Attorney-General and Mark Butler referencing "AI bots" potentially used by
"foreign actors" creating an overload of "anonymous or vexatious requests", I am hoping to be
provided with evidence of the same.
What nations, how many, and how many of these requests are being made?
Any information provided to back up these statements would be appreciated

That same day, the department wrote to you to advise the department is unable to process requests for
information or requests for research to be undertaken by officers of the department. The department
sought your agreement to revise the scope of your request to seek access to:

Advice or briefing material provided by the Attorney-General's Department to the Attorney-
General's Office in relation to the use of AI bots potentially being used by foreign actors to create an
overload of anonymous or vexatious FOI requests.
On 3 September 2025, you agreed to revise the scope. On 15 September 2025, the department
acknowledged your request and sought your agreement to exclude the following categories of information
from the documents:
•  duplicates of documents that are in scope,
•  personal information of members of the public,
•  contact details for teams, internal to the department and other agencies, and
•  personal information belonging to officers of the department and other government agencies.
That same day, you agreed to the exclusions. On 25 September 2025, the department wrote to you seeking
your agreement to exclude drafts. You agreed to exclude drafts.
On 26 September 2025, the department wrote to the Office of the Australian Information Commissioner
(OAIC) seeking a 30 day extension of time under s 15AB of the FOI Act. The OAIC declined the extension of
time.

A decision in relation to your request was due on 2 October 2025. The decision is deemed pursuant to
subsection 15AC(3) of the FOI Act.
Paragraph 3.229 of the FOI Guidelines issued by the Office of the Australian Information Commissioner
(OAIC) provides that where an access refusal decision is deemed to have been made, the agency or minister
is still able to process the request and provide a statement of reasons on the FOI request. A statement of
reasons can be provided until any IC review of the deemed decision is finalised.
My decision
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to freedom of
information requests made to the department.
My statement of reasons in response to your FOI request is set out below.
I have identified 8 documents that fal  within the scope of your request. I did this by making inquiries of
staff likely to be able to identify relevant documents and arranging for comprehensive searches of relevant
departmental electronic and hard copy holdings.
In making my decision regarding access to the relevant documents, I have taken the following material into
account:
•  the terms of your request,
•  the content of the documents identified as within scope of your request,
•  the provisions of the FOI Act, and
•  the FOI Guidelines issued by the Australian Information Commissioner (the Guidelines).
I have decided to:
•  Grant access in full to 3 documents.
•  Grant access to 3 documents in part with deletion of material which may be regarded as irrelevant
to your request under s 22(1) of the FOI Act.
•  Refuse access in full to 2 documents on the basis that the material they contain is exempt pursuant
to ss 34(1)(a), 34(1)(c) and 47C(1) of the FOI Act.
Additional information
Your review rights under the FOI Act are set out at Attachment A to this letter.
The schedule of documents at Attachment B sets out brief information about each document within the
scope of your request and my decision in relation to access to each of those documents.
The statement of reasons at Attachment C sets out the reasons for my decision to refuse access to certain
material to which you have requested access.
The documents to which I have decided to grant full or partial access under the FOI Act are at
Attachment D.
Disclosure log publication If an agency grants access to a document in response to an FOI request, it is
required to publish that information publicly on a website (the disclosure log) within 10 business days of
giving access to the information (subject to certain exceptions for personal and business information that it
would be unreasonable to publish). The documents released to you in this decision wil  be published on the
department's disclosure log. The department has received and is responding to a number of requests on
the Freedom of Information Amendment Bill 2025. You may wish to review our disclosure log at
www.ag.gov.au/rights-and-protections/freedom-information/freedom-information-disclosure-log.
Attorney-General's Department Freedom of Information Request FOI25/403 Decision letter
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Questions about this decision
If you wish to discuss this decision, the FOI case officer for this matter is Claire, who can be reached on
(02) 6141 6666 or by email to xxx@xx.xxx.xx.
Yours sincerely

Dianne Orr
Assistant Secretary
Information Law Branch

Attachments
Attachment A:
Review rights
Attachment B:    Schedule of documents
Attachment C:    Statement of reasons
Attachment D:    Documents

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Attachment A – Your review rights
If you disagree with my statement of reasons, you may ask for an Information Commissioner review of the
deemed decision.
Information Commissioner review
Information Commissioner review requests must be submitted within 60 days of the relevant decision,
unless an extension of time is granted. Your request should include your contact details, a copy of my
decision, and the reasons why you disagree with my decision. You can apply in one of the following ways:
Online: https://webform.oaic.gov.au/prod?entitytype=ICReview&layoutcode=ICReviewWF
Email:   xxxxx@xxxx.xxx.xx
Mail:   Director of FOI Dispute Resolution, GPO Box 5288, Sydney NSW 2001.
More information about Information Commissioner review is available at:
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-reviews/information-commissioner-review
FOI Complaints
If you are concerned about how we handled your FOI request, please let us know what we could have done
better, as we may be able to rectify the situation. If you are not satisfied with our response, you can make a
complaint to the Information Commissioner. Your complaint must be 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
Mail:   Director of FOI Dispute Resolution, GPO Box 5288, Sydney NSW 2001.
More information about Freedom of Information complaints is available at:
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-complaints
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Attachment B - Schedule of documents - Freedom of Information Request FOI25/403
Doc
Date
No. pgs
Description
Access decision
Exemption/s applied
no.
1
2 July 2025
10
Document
Refuse access
Section 22(1): Irrelevant material
Section 34(1)(c): Cabinet documents
Section 47C(1): Public interest conditional exemption
Deliberative processes
2
28 July 2025
18
Document
Refuse access
Section 22(1): Irrelevant material
Section 34(1)(a): Cabinet documents
3
30 August 2025
1
Email from the Attorney-General’s
Grant access in part  Section 22(1): Irrelevant material
Department to the Attorney-General’s Office

4
30 August 2025
10
Talking Points
Grant access in part  Section 22(1): Irrelevant material
Attachment to Document 3

5
10 April 2024
4
Media article
Grant access in full

Attachment to Document 3
6
14 August 2024
5
Media article
Grant access in full

Attachment to Document 3
7
30 August 2025
28
Freedom of Information Amendment Bill
Grant access in part  Section 22(1): Irrelevant material
2025: High level talking points

8
1 September 2025  11
Second Reading Speech
Grant access in full

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Attachment C - Statement of reasons - FOI25/403
This document, when read in conjunction with the schedule of documents at Attachment B,
provides information about the reasons I have decided not to disclose certain material to you in
response to your request for documents under the Freedom of Information Act 1982 (FOI Act).
Section 22: Access to edited copies with exempt or irrelevant matter deleted
Section 22 of the FOI Act provides that if an agency decides to give access to a document that would
disclose information that would reasonably be regarded as irrelevant to the request, and it is
possible for the agency to prepare a copy (an edited copy) of the document, modified by deletions,
the agency must prepare the edited copy and give the applicant access to it.
I note that when the department acknowledged your request by email on 15 September 2025, your
agreement was sought to exclude the following the following categories of information from the
scope of your FOI request:
-  duplicates of documents that are in scope,
-  personal information of members of the public,
-  contact details for teams, internal to the department and other agencies, and
-  personal information belonging to officers of the department and other government
agencies.
On 15 September 2025, you agreed to exclude the material listed above from the documents in your
request. I have therefore decided to regard the above categories of information as irrelevant to your
request and have deleted this material under s 22 of the FOI Act.
I have also deleted other material in the documents that is irrelevant to the terms of your request.
Exemptions
An agency or minister is not required to give access to a document or part of a document that is
exempt from disclosure under Division 2 of Part IV of the FOI Act. Documents for your request which
are exempt under Division 2 of Part IV relate to Cabinet documents (s 34).
This exemption is not subject to an overriding public interest test. Accordingly, where a document
meets the criteria to establish a particular exemption, it is exempt and the decision-maker is not
required to weigh competing public interests to determine if the document should be released.
Brief information about each of the exemptions applied when making a decision about disclosure of
each of the documents to which you have requested access is set out below. Additional information
about each of these exemptions can be obtained from the Guidelines available at:
www.oaic.gov.au/freedom-of-information/foi-guidelines/part-5-exemptions.

Section 34: Cabinet documents
Section 34(1) of the FOI Act states that a document is an exempt document if:
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(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.
I have decided to variously apply ss 34(1)(a) and 34(1)(c) to the documents for your request. My
reasons for applying these exemptions have been set out below.
Section 34(1)(a)
I have had regard to the particular contents of the document for your request. I am satisfied that the
material in the relevant documents for your request was:
•  submitted to the Cabinet for its consideration, or was proposed to be so submitted, and
•  was brought into existence for the dominant purpose of submission for consideration by
the Cabinet.
Section 34(1)(c)
I confirm the document marked s 34(1)(c) contains material which was brought into existence for
the dominant purpose of briefing a Minister on a document to which was:
•  submitted to the Cabinet for its consideration, or was proposed to be so submitted, and
•  was brought into existence for the dominant purpose of submission for consideration by
the Cabinet.
I have formed this view based on advice from the Department of the Prime Minister and Cabinet.
Accordingly, I am satisfied that the material is exempt from disclosure under ss 34(1)(a) and 34(1)(c)
of the FOI Act.
Public interest conditional exemptions
An agency or minister can refuse access to a document or part of a document that is conditionally
exempt from disclosure under Division 3 of Part IV of the FOI Act. Documents for your request which
are conditionally exempt under Division 3 relate to deliberative processes (s 47C).
Brief information about the conditional exemption applied when making a decision about disclosure
of each of the documents to which you have requested access is set out below. Additional
information about this conditional exemption can be obtained from the Guidelines available at:
www.oaic.gov.au/freedom-of-information/foi-guidelines/part-6-conditional-exemptions.
Where a document is assessed as conditionally exempt, it is only exempt from disclosure if
disclosure would, on balance, be contrary to the public interest. The public interest test is weighted
in favour of giving access to documents so that the public interest in disclosure remains at the
forefront of decision making.
A single public interest test applies to each of the conditional exemptions. This public interest test
includes certain factors that must be taken into account where relevant, and other factors which
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must not be taken into account. My reasoning in regard to the public interest are set out under the
heading ‘Section 11A(5): Public interest test’ below.
Section 47C: Public interest conditional exemption - deliberative processes

Section 47C of the FOI Act provides that a document is conditional y 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
an agency.
In applying this exemption, paragraph 6.54 of the Guidelines provide that:
The action of deliberating, in common understanding, involves the weighing up or evaluation
of the competing arguments or considerations that may have a bearing upon one's course of
action. In short, the deliberative processes involved in the functions of an agency are its
thinking processes – the processes of reflection, for example, upon the wisdom and
expediency of a proposal, a particular decision or a course of action.
In addition, paragraphs 6.76, 6.77 and 6.78 of the Guidelines notes that a document may contain
deliberative matter that relates to Cabinet in some way but is not exempt under the Cabinet
documents exemption (s 34).
I am satisfied that the relevant material is not purely factual and is deliberative matter within the
meaning of s 47C(1), being in the nature of and relating to an opinion, advice or recommendation.
Accordingly, I am satisfied that this material is conditionally exempt under s 47C(1) of the FOI Act. I
have turned my mind to whether disclosure of the information would be contrary to the public
interest and have included my reasoning in this regard below under the heading ‘Section 11A(5):
Public interest test’.
Section 11A(5): Public interest test
Access to a conditional y exempt document must general y be given unless doing so would be
contrary to the public interest. The Guidelines issued by the OAIC provide at paragraph 6.224 that
the public interest test 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.
In deciding whether to disclose conditionally exempt material, I have considered the factors
favouring access set out in s 11B(3) of the FOI Act. I have not taken into account the irrelevant
factors listed under s 11B(4) of the FOI Act.
Of the factors favouring disclosure, I consider that release of the conditionally exempt material
identified for your request would promote the objects of the FOI Act, including by:
•  informing the community of the government’s operations,
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•  inform debate on a matter of public importance,
•  revealing the reason for a government decision, and
•  enhancing the scrutiny of government decision making.
The FOI Act does not list any specific factors weighing against disclosure. However, I have considered
the non-exhaustive list of factors against disclosure in the Guidelines as well as the particular
circumstances relevant to the conditionally exempt material.
I consider the release of the conditionally exempt material could, as the case may be, reasonably be
expected to prejudice the department’s ability to deliberate regarding sensitive information.
On balance, I consider the factors against disclosure outweigh the factors favouring access and that
providing access to the conditionally exempt material identified for your request would be contrary
to the public interest.
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