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Our reference: FOI 26-153
Glenn Hamiltonshire
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Glenn Hamiltonshire
Decision on your Freedom of Information Request
On 8 November 2025, you submitted a request to the High Speed Rail Authority (the Authority) seeking
access to documents under the
Freedom of Information Act 1982 (FOI Act).
1
Your request
You requested access to
the High Speed Rail Authority's annual report for 2024-25.
On 3 December 2025 you agreed to an extension of time to 15 December 2025 for this decision.
On 15 December 2025 you agreed to an extension of time to the 5 January 2026 for this decision. We
sought your agreement to the extension, as we were waiting for the annual report to be officially approved
to enable it to be released.
As at the date of this letter, the official approval has still not been received and as such, we are not in a
position to release the requested documents until such time as the ministerial deliberative process is
completed. Once the process is completed, a copy of the requested document will be publicly available on
our website. We can advise you once this has occurred.
As such, we advise of the following:
2
Authority to make decision
I am authorised to make decisions in relation to Freedom of Information requests under section 23(1) of the
FOI Act.
3
Decision
I have identified one document that I consider contains information that is relevant to your request, which is
the final version of the Authority’s annual report, which is currently still subject to Ministerial approval. This
document is within the scope of your request.
I have decided to:
• refuse access in full to relevant information in 1 document, which is the annual report for 2024-25.
GPO Box 594, Canberra ACT 2601, Australia
(02) 6274 7111
infrastructure.gov.au
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A schedule setting out the document relevant to your request, with my decision in relation to this document
is at
ATTACHMENT A.
4. Finding of facts and reasons for decision
My findings of fact and reasons for deciding that exemptions currently apply to the document relevant to
your request are set out below.
4.1 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’.
Noting that the Authority’s annual report is currently under and subject to a Ministerial approval process,
and has not yet been signed, I am satisfied that document contains material that meets the criteria of
deliberative matter, and this material forms part of a deliberative process.
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. I am satisfied that factual
information contained within the documents is an integral part of the deliberative content.
For the reasons outlined above, I decided that the parts of the documents marked ‘s47C’ are
conditionally exempt from disclosure under section 47C of the FOI Act. Where information
is found to be conditionally exempt, I must give access to that information unless access at
this time would, on balance, be contrary to the public interest. I have addressed the public
interest considerations below.
4.2 Public interest considerations
Pursuant to section 11A(5) of the FOI Act, I must give access to conditionally exempt information unless
access to that information at that time would, on balance, be contrary to the public interest. I have therefore
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considered whether disclosure of the conditionally exempt information would be contrary to the public
interest.
I note that paragraph 6.224 of the FOI Guidelines states 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
• relates to matters of common concern or relevance to all members of the public, or a substantial
section of the public.
Factors favouring disclosure
Having regard to section 11B of the FOI Act, which provides the factors favouring access to conditionally
exempt information in the public interest, I consider that disclosure of the conditionally exempt information
at this time:
1) 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.
• I note that paragraph 6.230 of the FOI Guidelines suggests it would be a rare case in which
disclosure would not promote the objects of the FOI Act, including by increasing scrutiny,
discussion, comment and review of the government’s activities.
2) would inform debate on a matter of public importance
3) would promote effective oversight of public expenditure
4) would not allow you access to your own personal information.
• I note you are not seeking access to your own personal information and this factor is
mute in my considerations.
Factors weighing against disclosure
I consider that the following factors weigh against disclosure of the conditionally exempt information at this
time, on the basis that disclosure:
• could reasonably be expected to reveal deliberative matter and deliberative processes of the
Authority and government that are confidential and not in the public interest to disclose
• the deliberative matter, if released could negatively affect future decisions and actions of the
Authority and government and limit the Authority’s ability to pivot if circumstances change, for
example if the annual report is not approved by the Minister and requires changes.
• could reasonably be expected to prejudice management functions, by revealing deliberative
information about those matters and are not currently in the public interest to disclose.
In making my decision, I have not taken into account any of the irrelevant factors set out in section 11B(4) of
the FOI Act.
Conclusion – disclosure is not in the public interest
For the reasons set out above, after weighing all public interest factors for and against disclosure, I decided
that, on balance, disclosure of the conditionally exempt information would be contrary to the public interest.
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I am satisfied that the benefit to the public resulting from disclosure of the conditionally exempt information
is outweighed by the benefit to the public of withholding that information.
The factors in favour of disclosure have been given less weight at this time, noting that the annual report will
soon be released anyway and fully accessible to the public, on the Authority’s website.
The FOI applicant and any member of the public is able to and encouraged to check the Authority’s website
at Accountability and reporting | High Speed Rail Authority | High Speed Rail Authority to access a copy of
the Annual Report once it is published.
The Authority will endeavour to proactively send the FOI Applicant a link to the Annual Report once it is
signed and published.
5. Material taken into consideration
In making my decision, I had regard to the following:
• the terms of your request
• the content of the document captured by your request
• the provisions of the FOI Act
• the guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
(the FOI Guidelines)
• advice from the Authority’s officers with responsibility for the subject matter contained in the
documents captured by your request.
5
Legislative provisions
The FOI Act, including the provisions referred to in my decision, are available on the Federal Register of
Legislation website:
www.legislation.gov.au/Series/C2004A02562.
6
Your review rights
If you are dissatisfied with my decision, you may apply for a review of it.
6.1
Information Commissioner review or complaint
An application for IC review must be made in writing to the Office of the Australian Information Commissioner
(OAIC) within 60 days of the 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.
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.
7
Publication of material released under the FOI Act
Where I have decided to release documents to you, we may also publish the released material on our
Disclosure Log. We will not publish personal or business affairs information where it would be unreasonable
to do so.
For your reference our Disclosure Log can be found here:
Accountability and reporting | High Speed Rail
Authority | High Speed Rail Authority.
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Further information
The Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
provides administrative assistance to the Authority in relation to FOI matters. If you require further
information regarding this decision, please contact the Authority’s FOI team a
t xxx@xxxx.xxx.xx or the
Department’s FOI Section at
xxx@xxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Tim Parker
CEO
High Speed Rail Authority
Date: 5 January 2026
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ATTACHMENT A.
SCHEDULE OF DOCUMENTS FOI 25-360
Doc Date of
Description of document
Num of
Decision on access
Provision
No. document
Pages
of FOI Act
1.
27 November
Annual Report 2024-25
67
Access refused in full.
S 47C
2025
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