Our ref:
FOI25/416; CM25/24643
13 October 2025
Mr Glenn Hamiltonshire
By email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Hamiltonshire
Freedom of Information Request FOI25/416 – 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 4 September 2025, you requested access to:
…any briefs, documents, or memos produced by the Attorney-General's Department for the
purposes of legal assistance services relating to any of the fol owing:
1. "Sovereign citizen" beliefs, or any similarly described movement describing the 'sovereign
citizen movement' as it is known from time to time;
2. "Pseudolaw", "pseudolegal beliefs" or any other similarly described views as termed from
time to time.
On 15 September 2025, the department acknowledged your request.
On 7 October 2025, the department sought your agreement for a s 15AA extension of time for your
request. That same day, you agreed to a 7-day extension of time under s 15AA of the FOI Act.
A decision in relation to your request is due on 13 October 2025.
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.
I have identified 5 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
• the FOI Guidelines issued by the Australian Information Commissioner (the Guidelines), and
I have decided to:
• Grant access to 1 document in part with deletion of material which:
o is exempt from the operation of the FOI Act under s 7(2); and
o is exempt pursuant to s 47E(d) and s 47F(1) of the FOI Act.
• Refuse access in full to 4 documents on the basis that the material they contain is exempt pursuant
to s 47F(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 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 on or before 21 October 2025.
Questions about this decision
If you wish to discuss this decision, the FOI case officer for this matter is Andjelina, who can be reached on
(02) 6141 6666 or by email to
xxx@xx.xxx.xx.
Yours sincerely
Alaina Mitchell
Assistant Secretary
Legal Assistance Branch
Attachments
Attachment A:
Review rights
Attachment B: Schedule of documents
Attachment C:
Statement of reasons
Attachment D: Documents
Attorney-General's Department Freedom of Information Request FOI25/416 Decision letter
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Attachment A – Your review rights
If you disagree with my decision, you may ask for an internal review or Information Commissioner review.
We encourage you to seek internal review as a first step as it may provide a more rapid resolution of your
concerns.
Internal review
You may apply for an internal review of my decision within 30 days of receiving this letter. Your request for
internal review must be in writing, and should provide reasons why you believe the review is necessary.
You may apply by emailin
g xxx@xx.xxx.xx or by post to:
Director, Freedom of Information and Privacy Section
Office of Corporate Counsel
Attorney-General’s Department
3-5 National Circuit
BARTON ACT 2600
Another officer will make a new decision on your request within 30 days of receiving your request for
internal review. If you are unhappy with the internal review decision, you may ask for an information
Commissioner review.
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
Attorney-General's Department Freedom of Information Request FOI25/416 Decision letter
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Attachment B - Schedule of documents - Freedom of Information Request FOI25/416
Doc
Date
No.
Description
Access decision
Exemption/s applied
no.
pgs
1
2 August 2024
7
Advice on Application under the
Grant access in
Section 7(2): Exemption of certain persons and bodies
Overseas Child Abduction Scheme
part
Section 47E(d): Public interest conditional exemption -
Certain operations of agencies
Section 47F(1): Public interest conditional exemption -
Personal Privacy
2
20 August 2024 1
File note
Refuse access
Section 47F(1): Public interest conditional exemption -
Personal Privacy
3
26 August 2024 5
Email chain
Refuse access
Section 47F(1): Public interest conditional exemption -
Personal Privacy
4
26 August 2024 5
Email chain
Refuse access
Section 47F(1): Public interest conditional exemption -
Personal Privacy
5
26 August 2024 3
Email chain
Refuse access
Section 47F(1): Public interest conditional exemption -
Personal Privacy
Attorney-General's Department Freedom of Information Request FOI25/416 Decision letter
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Attachment C - Statement of reasons - FOI25/416
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 7 - Exemption of certain persons and bodies
Section 7 of the FOI Act provides that certain persons, bodies and departments are exempt from the
operation of the Act in relation to particular types of documents. Relevantly, under s 7(2), the department
is exempt from the operation of the FOI Act in relation to documents in respect of activities undertaken by
the Australian Government Solicitor.
I can confirm that particular parts of the documents subject to your request contain information in respect
of the activities of the Australian Government Solicitor. I am therefore satisfied that this information is
exempt from the operation of the FOI Act, and I have excluded it pursuant to section 7(2).
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 the following categories:
• certain operations of agencies (s 47E)
• personal privacy (s 47F)
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 at:
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 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 47E: Public interest conditional exemption - certain operations of agencies
Section 47E of the FOI Act provides that a document is conditionally exempt if its disclosure would, or could
reasonably be expected to, do any of the fol owing:
(a) prejudice the effectiveness of procedures or methods for the conduct of tests, examinations or
audits by an agency;
(b) prejudice the attainment of the objects of particular tests, examinations or audits conducted or to
be conducted by an agency;
(c) have a substantial adverse effect on the management or assessment of personnel by the
Commonwealth or by an agency;
(d) have a substantial adverse effect on the proper and efficient conduct of the operations of an
agency.
Attorney-General's Department Freedom of Information Request FOI25/416 Decision letter
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I have decided to apply ss 47E(d) to the documents for your request. My reasons for applying this
exemptions has been set out below.
Section 47E(d)
Section 47E(d) of the FOI Act provides that a document is conditionally exempt if its disclosure would or
could reasonably be expected to have a substantial adverse effect on the proper and efficient conduct of
the operations of an agency.
I have decided to apply s 47E(d) to relevant material in Attachment C for your request. Material within this
document contains factual information, analysis and conclusions relevant to the assessment of an
individual’s legal financial assistance application. I consider that disclosure of this information could impact
on the proper and efficient operations of the agency in administering statutory and non-statutory legal
financial assistance schemes. Disclosure of relevant material could dissuade applicants from seeking legal
financial assistance, or reduce their willingness to participate fully and frankly in the application process,
thus undermining the department’s ability to effectively perform its access to justice function.
Accordingly, I am satisfied that this material is conditionally exempt under s 47E(d) 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 header ‘
Section 11A(5): Public interest test’.
Section 47F: Public interest conditional exemption - personal privacy
Section 47F(1) of the FOI Act provides that a document is conditionally exempt if its disclosure would
involve the unreasonable disclosure of personal information about any person (including a deceased
person). For the purposes of the FOI Act, personal information is defined as: information or an opinion
about an identified individual, or an individual who is reasonably identifiable whether the information or
opinion is true or not; and whether the information or opinion is recorded in a material form or not.
I have identified the following personal information relating to private individuals in the relevant
documents for your request: names; birthdates; citizenship; and information and opinions given in the
course of, and for the purpose of, applying for legal financial assistance.
In deciding whether to conditional y exempt the personal information described above, I have had regard
to the following factors set out in s 47F(2) of the FOI
Act:
(a) the extent to which the information is wel known;
(b) whether the people to whom the information relates are known to be (or to have been) associated
with the matters dealt with in the document;
(c) the availability of the information from publicly accessible sources;
(d) any other matters that the agency considers relevant.
My reasons for applying the s 47F(1) exemption to each of the categories of personal information listed
above are set out below.
In my view the relevant personal information is not wel known, nor are the persons concerned general y
known to be (or to have been) associated with the particular matters dealt with in the documents. The
information is known only to the persons whose information appears in the documents and departmental
officers with responsibility for the matters concerned. I consider it likely that the persons concerned would
object to disclosure of their personal information and, noting that the FOI Act does not control or restrict
any subsequent use or dissemination of information disclosed, I consider that disclosure could reasonably
be expected to cause distress to the persons concerned.
Accordingly, I am satisfied that the personal information of individuals is conditionally exempt under
s 47F(1) of the FOI Act. I have turned my mind to whether disclosure of the information would be contrary
Attorney-General's Department Freedom of Information Request FOI25/416 Decision letter
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to the public interest, and have included my reasoning in this regard under the header ‘
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 6.5 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.
Having regard to the factors listed in section 11B(3) of the FOI Act, being whether access to the documents
would do any of the fol owing:
(a)
promote the objects of this Act (including all the matters set out in sections 3 and 3A)
(b)
inform debate on a matter of public importance
(c)
promote effective oversight of public expenditure
(d)
allow a person to access his or her own personal information.
I am satisfied that:
• Access to the documents would promote the objects of the FOI Act.
• The subject matter of some parts of the documents have the character of public importance and
that there may be broad public interest in these parts of the documents. Other material in the
documents do not seem to have a general characteristic of public importance and, in my view,
would be of interest to a very narrow section of the public.
• No insights into public expenditure wil be provided through examination of the documents.
• An individual's right of access to their own personal information is not a factor in relation to the
documents of this request.
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 following factors to weigh against disclosure of documents in this case:
• Disclosure of the parts of the documents that are conditionally exempt under s 47E(d) of the FOI
Act could be reasonably expected to prevent applicants from seeking legal financial assistance
should particular material relating to the assessment of their application be released, thereby
impacting on access to justice. I consider that this would be contrary to the public interest and that
this factor weighs heavily against disclosure.
• Disclosure of the personal information which is conditionally exempt under s 47F(1) of the FOI Act
could reasonably be expected to prejudice the protection of those individuals’ right to privacy. The
department is committed to complying with its obligations under the
Privacy Act 1988, which sets
out standards and obligations that regulate how the department must handle and manage personal
information. It is firmly in the public interest that the department uphold the rights of individuals to
Attorney-General's Department Freedom of Information Request FOI25/416 Decision letter
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their own privacy and meets its obligations under the Privacy Act. I consider that non-compliance
with the department’s statutory obligations concerning the protection of personal information
would be contrary to the public interest and that this factor weighs strongly against disclosure.
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.
Attorney-General's Department Freedom of Information Request FOI25/416 Decision letter
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