
Attorney-General's Office Freedom of Information Request AGOFOI25/410 Decision letter
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Attorney-General's Office Freedom of Information Request AGOFOI25/410 Decision letter
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Attorney-General's Office Freedom of Information Request AGOFOI25/410 Decision letter
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Attachment B - Schedule of documents - Freedom of Information Request AGOFOI25/410
Doc Date
No. Description
Access decision
Exemption/s applied
no.
pgs
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
11 Second Reading Speech
Grant access in full
2025
Attorney-General's Office Freedom of Information Request AGOFOI25/410 Decision letter
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Attachment C - Statement of reasons - AGOFOI25/410
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 or minister 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 or minister to prepare a copy (an
edited copy) of
the document, modified by deletions, the agency or minister 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
- 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.
Section 34: Cabinet documents
Section 34(1) of the FOI Act states that a document is an exempt document if:
(a)
both of the following are satisfied:
Attorney-General's Office Freedom of Information Request AGOFOI25/410 Decision letter
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(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.
Section 34(1)(a)
I have had regard to the particular contents of the documents 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 each of the conditional 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 conditional exemptions can be obtained
from the Guidelines available a
t: https://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
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which
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 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 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 conditionally exempt document must generally 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 will 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.
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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,
• 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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