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Office of the Hon Mark Butler MP
Minister for Health and Ageing
Minister for Disability and the National Disability Insurance Scheme
FOI reference: FOI 26-2250 MO
Bob Buckley
A4 Co-convenor
By Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Bob Buckley
Decision on your Freedom of Information Request
I refer to your information access request of 30 September 2025 made to the Office of
the Minister for Health and Ageing (the
Minister) under the
Freedom of Information Act
1982 (Cth) (
FOI Act). In your request, you sought access to:
I hereby seek copies of information given or briefings to (or received by) Minister Butler
that mention "mild to moderate developmental delay and autism" or similar in the
period from his appointment as Minister following the 2025 federal election up to his
Press Club speech on 20/8/2025 when he used the phrase (see
https://www.health.gov.au/ministers/the-hon-mark-butler-mp/media/speech-from-
minister-butler-national-press-club-20-august-2025).
I am authorised to make decisions on behalf of the Minister in relation to Freedom of
Information requests. I am writing to notify you of my decision on your access request.
Extension of time to process request
On 23 October 2025, the department wrote to you under section 15AA of the FOI Act
seeking a 14-day extension of time to allow it to process your FOI request.
On 23 October 2025, you responded to the department agreeing to the extension of
time request. As a result, the statutory date for your FOI access request was extended
to 13 November 2025.
On 7 November 2025, the department wrote to you under section 15AA of the FOI Act
seeking a further 14-day extension of time to allow it to process your FOI request.
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You did not respond to the request for a further 14-day extension. As a result, the
statutory date for your FOI access request remained as 13 November 2025.
On 12 November 2025, the department wrote to the Office of the Australian
Information Commissioner (OAIC) under section 15AB of the FOI Act seeking a
further 14-day extension of time to process your FOI request on the grounds that it is
complex or voluminous.
On 18 November 2025, OAIC responded to the department agreeing to the extension
of time request. As a result, the statutory date for your FOI access request was
extended to 27 November 2025.
On 27 November 2025, the department informed you that it was consulting with third
parties whose information was contained in documents identified as relevant to your
request under sections 26A of the FOI Act. As a result, the statutory timeframe for
your request was extended by 30 days to 27 December 2025.
Reasonable searches
The Minister’s Office has conducted reasonable searches for documents in scope of
your request. In accordance with the FOI Guidelines at paragraph 3.150, these
searches were undertaken with reference to:
• the subject matter of your request;
• the Minister’s Office current and past file management systems;
• the Minister’s Office record management systems;
• the individuals within the Minister’s Office with knowledge of the subject
matter of the documents, or who could assist with location of documents; and
• the age of the documents.
I am satisfied that the searches undertaken were both thorough and reasonable in light
of the scope of your request, the available resources of the Minister’s Office, and the
obligations under the FOI Act and FOI Guidelines.
Decision on access
I have identified 1 document that is relevant to your request.
This document was in the possession of the Minister’s Office when your request was
received.
I have decided to refuse access to 1 document as it contains exempt material.
A schedule setting out the document relevant to your request, with my decision in
relation to this document, is at
ATTACHMENT A.
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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My reasons for not providing access to material that has been deleted from the
document are set out in
ATTACHMENT B.
Legislative provisions
The FOI Act, including the provisions referred to in my decision, is available on the
Federal Register of Legislation website: www.legislation.gov.au/Series/C2004A02562.
Your review rights
I have set out your review rights at
ATTACHMENT C.
Contacts
If you require clarification of any matters discussed in this letter you can contact the
FOI Section on (02) 6289 1666 or at xxx@xxxxxx.xxx.xx.
Yours sincerely
Dr Lucas de Toca PSM
Chief of Staff
The Office of the Hon Mark Butler MP
Minister for Health and Ageing
Minister for Disability and the National Disability Insurance Scheme
23 December 2025
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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ATTACHMENT B.
REASONS FOR DECISION
FOI 26-2250 MO
Material taken into account
In making my decision, I had regard to the following:
• the FOI Act
• guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act (
FOI Guidelines)
• the terms of your FOI request as outlined above
• submissions from third parties consulted about documents which contain
information concerning them
• the content of the documents sought, and
• advice from departmental officers with responsibility for matters relating to
the documents sought.
Finding of facts and reasons for decision
My findings of fact and reasons for deciding that the exemptions identified in the
schedule of documents apply to the relevant document are set out below.
1. Section 22 – deletion of irrelevant and/or exempt material
Section 22 of the FOI Act applies to documents containing exempt material
(subparagraph 22(1)(a)(i)) and irrelevant information (subparagraph 22(1)(a)(ii)) and
allows an agency to delete such material from a document.
I have deleted material in the documents which can reasonably be regarded as
irrelevant to your request and prepared an edited copy for release. This information
includes matters that are not relevant to the scope of your request.
The document contains the names and telephone numbers of department employees.
When your request was acknowledged, we notified you that certain material would
be considered irrelevant to the scope of your request unless indicated otherwise. You
agreed to this information being excluded from the scope of your request on 6 October
2025 and therefore, this information has been deleted under section 22 of the FOI Act
as outlined above.
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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2. Section 47B - Documents affecting Commonwealth-State relations
Section 47B of the FOI Act provides that a document is conditionally exempt if
disclosure:
(a)
would, or could reasonably be expected to, cause damage to relations
between the Commonwealth and a State; or
(b)
would divulge information or matter communicated in confidence by or
on behalf of the Government of a State or an authority of a State, to the
Government of the Commonwealth, to an authority of the
Commonwealth or to a person receiving the communication on behalf
of the Commonwealth or of an authority of the Commonwealth.
Paragraph 6.24 of the FOI Guidelines states that a document does not have to have
been supplied or written by the Commonwealth, a State agency or a State authority to
fall within this exemption. The content of the document (and potentially the reason or
circumstances why the document was created) is the deciding factor, rather than the
originator’s identity. It is also not a relevant consideration that all the parties referred
to in the document are aware of the document or of the reference to the particular
agency.
Paragraphs 6.26-6.28 of the FOI Guidelines also state:
6.26 Disclosure of the document may cause damage by, for example:
• interrupting or creating difficulty in negotiations or discussions that are
underway, including in the development of joint or parallel policy
• adversely affecting the administration of a continuing Commonwealth-
State project
• substantially impairing (but not merely modifying) Commonwealth-State
programs
• adversely affecting the continued level of trust or co-operation in existing
inter-office relationships
• impairing or prejudicing the flow of information to and from the
Commonwealth
6.27 Decision makers may also need to consider future working relationships
where disclosure may, for example:
• impair or prejudice the future flow of information
• adversely affect Commonwealth-State police operations or investigations
• adversely affect the development of future Commonwealth-State projects
6.28 The potential damage need not be quantified, but the effect on relations
arising from the disclosure must be adverse.
Having regard to the above, I am satisfied that disclosure of the document could
adversely impact the relationship between the Commonwealth and State and
GPO Box 9848 Canberra ACT 2601
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Territory Ministers with regard to disability reforms and could impair the flow of
information to the Commonwealth from the States and Territories.
In relation to the test
would or could reasonably be expected, paragraph 5.16-5.18 of the
FOI Guidelines state:
5.16 The test requires the decision maker to assess the likelihood of the predicted
or forecast event, effect or damage occurring after disclosure of a document.
5.17 The use of the word ‘could’ in this qualification is less stringent than
‘would’, and requires analysis of the reasonable expectation rather than certainty
of an event, effect or damage occurring. It may be a reasonable expectation that
an effect has occurred, is presently occurring, or could occur in the future.
5.18 The mere risk, possibility or chance of prejudice does not qualify as a
reasonable expectation. There must, based on reasonable grounds, be at least a
real, significant or material possibility of prejudice.
I am satisfied that damage that would or could reasonably be expected to occur, based
on reasonable grounds, is real, significant or a material possibility.
Paragraph 6.36 of the FOI Guidelines states that when assessing whether the
information was communicated in confidence, the test is whether the communication
was considered to be confidential at the time of the communication.
The circumstances of the communication may also need to be considered, such as:
• whether the communication was ad hoc, routine or required
• whether there were any existing, implied or assumed arrangements or
understandings between the Commonwealth and State concerning the
exchange or supply of information, and/or
• how the information was subsequently handled, disclosed or otherwise
published.
I am satisfied that the document marked ‘s47B’ in the schedule contains information
which was communicated in confidence, and that the communication was considered
to be confidential at the time of the communication.
Consultation with a State or Territory
In making my decision, I have consulted with the relevant State and Territory
governments, and I have taken into account any concerns raised by the relevant State
and Territory.
For the reasons outlined above, I have decided that the document marked ‘s47B’ in
the schedule is conditionally exempt from disclosure under section 47B of the FOI Act.
Where a document is found to be conditionally exempt, the department must give
access to that document unless access to the document at this time would, on balance,
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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be contrary to the public interest. I have addressed the public interest considerations
below.
3. Section 47C – Deliberative processes
Section 47C of the FOI Act provides that a document is conditionally exempt if its
disclosure 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; or a Minister; or the
Government of the Commonwealth.
Deliberative process
Paragraph 6.54 of the FOI Guidelines states that deliberative process involves the
exercise of judgement in developing and making a selection from different options:
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.
Deliberative matter
Paragraph 6.59 of the FOI Guidelines states that ‘
deliberative matter’ is a shorthand term
for ‘opinion, advice and recommendation’ and ‘consultation and deliberation’ that is
recorded or reflected in a document. There is no reason generally to limit the ordinary
meanings given to the words ‘opinion, advice or recommendation, consultation or
deliberation’.
I am satisfied that the document marked ‘s47C’ in the schedule contains material that
meets the criteria of deliberative matter, and that this material forms part of a
deliberative process. The document can be characterised as the thinking process of the
department or the process of reflection upon the wisdom and expediency of a
particular proposal.
Purely factual material
Paragraph 6.70 and 6.71 of the FOI Guidelines states that:
6.70
‘Purely factual material’ does not extend to factual material that is an integral
part of the deliberative content and purpose of a document, or is embedded in or
intertwined with the deliberative content such that it is impractical to excise it.
6.71 Where a decision maker finds it difficult to separate the purely factual
material from the deliberative matter, both the elements may be exempt. If the two
elements can be separated, the decision maker should consider giving the applicant a
copy with deletions under s 22 to provide access to the purely factual material.
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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I am satisfied that factual information contained within the document is an integral
part of the deliberative content.
For the reasons outlined above, I have decided that the document marked ‘s47C’ in
the schedule is conditionally exempt from disclosure under section 47C of the FOI Act.
Where a document is found to be conditionally exempt, the department must give
access to that document unless access to the document at this time would, on balance,
be contrary to the public interest. I have addressed the public interest considerations
below.
4. Public Interest assessment
Pursuant to subsection 11A(5) of the FOI Act, the department must give access to
conditionally exempt documents unless access to the documents at that time would,
on balance, be contrary to the public interest. I have therefore considered whether
disclosure of the document would be contrary to the public interest.
Paragraph 6.224 of the FOI Guidelines states:
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
• relates to matters of common concern or relevance to all members of the
public, or a substantial section of the public.
Factors favouring disclosure
Section 11B of the FOI Act provides that factors favouring access to documents in the
public interest include whether access to the documents would do any of the
following:
• promote the objects of the FOI Act
• inform debate on a matter of public importance
• promote effective oversight of public expenditure, or
• allow a person to access his or her own personal information.
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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Having regard to the above, I consider that disclosure of the conditionally exempt
information at this time:
• would provide access to documents held by an agency of the Commonwealth
which would promote the objects of the FOI Act by providing the Australian
community with access to information held by the Australian Government.
• would inform debate on a matter of public importance
• would not promote effective oversight of public expenditure, and
• would not allow you access to your own personal information.
Factors weighing against disclosure
I consider that the following public interest factors weigh against disclosure of the
conditionally exempt information at this time, on the basis that disclosure:
• would adversely affect the administration of a continuing Commonwealth-
State project. Any impediment to the ability of the Commonwealth to work
collaboratively with states/territory stakeholders to deliver government
projects on time and to budget is against the public interest.
• would damage the continued level of trust or co-operation in existing inter-
government working relationships. Any impediment to the ability of the
Commonwealth to work collaboratively with its state and territory
counterparts for the benefit of the Australian public is against the public
interest.
• would prejudice or impair the future flow of information from state and
territory governments to the Commonwealth. Any impediment to the ability of
the Commonwealth to work collaboratively with its state and territory
counterparts to the benefit of the Australian public is against the public interest.
• could reasonably be expected to prejudice the deliberative processes of forming
opinion, advice and/or recommendations by creating an environment in which
there is a chilling effect on the open consideration of all options available to the
department. Any impediment to the deliberative process could adversely
impact the effectiveness of the department’s decision-making, which is against
the public interest.
• could reasonably be expected to establish a precedent of release of deliberative
material, which could hinder the flow of suggestions, preliminary opinions,
device and/or recommendations within the department. Any impediment to
the deliberative process could reasonably be expected to adversely impact the
department’s ability to innovate, iterate and improve its policy and procedures,
which is against the public interest.
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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In forming my decision, I confirm that I have not taken into account any of the
irrelevant factors set out in subsection 11B(4) of the FOI Act, which are:
(a) access to the document could result in embarrassment to the
Commonwealth Government, or cause a loss of confidence in the
Commonwealth Government;
(b) access to the document could result in any person misinterpreting or
misunderstanding the document;
(c) the author of the document was (or is) of high seniority in the agency to
which the request for access to the document was made;
(d) access to the document could result in confusion or unnecessary debate.
Conclusion
For the reasons set out above, after weighing all public interest factors for and against
disclosure, I have decided that, on balance, disclosure of the conditionally exemption
information would be contrary to the public interest. I am satisfied that the benefit to
the public resulting from disclosure is outweighed by the benefit to the public of
withholding the information.
As I have decided that the conditionally exempt information is exempt in full, no
documents are being released to you.
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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ATTACHMENT C.
YOUR REVIEW RIGHTS
If you are dissatisfied with my decision, you may apply for a review.
Information Commissioner review or complaint
You have the right to seek Information Commissioner (IC) review of this decision. For
FOI applicants, an application for IC review must be made in writing within 60 days
of receiving this notice of this decision. For third parties who object to disclosure of
their information, an application for IC review must be made in writing within 30 days
of receiving the notice of decision.
If you are not satisfied with the way we have handled your FOI request, you can lodge
a complaint with the OAIC. However, the OAIC suggests that complaints are made
to the agency in the first instance.
While there is no particular form required to make a complaint to the OAIC, the
complaint should be in writing and set out the reasons for why you are dissatisfied
with the way your request was processed. It should also identify the Office of the
Minister for Health and Ageing as the agency about which you are complaining.
You can make an IC review application or make an FOI complaint in one of the
following ways:
• online at www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/
• via email to xxxxx@xxxx.xxx.xx
• by mail to GPO Box 5218 Sydney NSW 2001, or
• by fax to 02 9284 9666.
More information about the Information Commissioner reviews and complaints is
available on the OAIC website here: www.oaic.gov.au/freedom-of-information/foi-
review-process.
Complaint
If you are dissatisfied with action taken by the Minister’s Office, you may also make a
complaint directly to the Minister’s Office.
Complaints to the department are covered by the department’s privacy policy. A form
for lodging a complaint directly to the department is available on the department’s
website here: www.health.gov.au/about-us/contact-us/complaints
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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