ONE NATIONAL CIRCUIT
BARTON
FOI
FOI/2021/027
FREEDOM OF INFORMATION ACT 1982
REQUEST BY:
Mr Tyson Smith
DECISION BY: Mr Peter Rush
Assistant Secretary
Parliamentary and Government Branch
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Smith
I refer to your email of 25 February 2021 in which you made a request (the
FOI request)
under the
Freedom of Information Act 1982 (the
FOI Act) to the Department of the Prime
Minister and Cabinet (the
Department) in the following terms:
I am seeking access to any document(s) that indicates the date and time in which the
Gaetjens review was designated as 'for deliberation of Cabinet'.
On 26 February 2021, the Department wrote to you to advise that your request did not meet
the requirements of a valid request under section 15 of the FOI Act, on the basis that it did not
provide such information concerning the document as is reasonably necessary to enable a
responsible officer of the Department to identify it, as it was unclear what “Gaetjens review”
the request referred to.
On 1 March 2021, you provided the following clarification:
In relations to “Gaetjens review” what I mean is the report that Scott Morrison
announced would be conducted by Phil Gaetjens which seeks to investigate which staff
in the Prime Minister's Office (PMO) were aware of the assault allegation in relation
to Brittany Higgins.
Accordingly, your request, as clarified, is as follows:
I am seeking access to any document(s) that indicates the date and time in which the
report that Scott Morrison announced would be conducted by Phil Gaetjens, which
seeks to investigate which staff in the Prime Minister's Office (PMO) were aware of
the assault allegation in relation to Brittany Higgins, was designated as 'for
deliberation of Cabinet'.
Postal Address: PO Box 6500, CANBERRA ACT 2600
Telephone: +61 2 6271 5849 Fax: +61 2 6271 5776 www.pmc.gov.au ABN: 18 108 001 191
Authorised decision-maker
I am authorised to make this decision in accordance with arrangements approved by the
Department’s Secretary under section 23 of the FOI Act.
Decision
I have decided to refuse your request under section 24A(1)(b)(ii) of the FOI Act, on the basis
that the Department has taken all reasonable steps to locate the documents you have
requested, and those documents do not exist.
In making this decision, I have had regard to the following material:
the terms of your request;
the advice from the Department’s business area responsible for the subject matter of
the FOI request;
the FOI Act; and
the ‘Guidelines issued by the Australian Information Commissioner under section 93A
of the
Freedom of Information Act 1982’ (the
FOI Guidelines).
Reasons
Section 24A(1) of the FOI Act provides that:
An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document;
and
(b) the agency or Minister is satisfied that the document:
(i)
is in the agency’s or Minister’s possession but cannot be found; or
(ii)
does not exist.
Having regard to the terms of the FOI request, I sought advice from the relevant officials
within the Department responsible for the subject matter of the request as to whether
documents meeting those terms exist. I confirm no documents meeting the terms of the FOI
request exist.
I am satisfied that all reasonable steps have been taken to find documents relevant to the
request, and that the requested documents do not exist. I have therefore decided to refuse your
request under section 24A(1)(b)(ii) of the FOI Act.
Processing and access charges
I have decided not to impose processing charges in respect of your request.
Review rights
Information about your rights of review under the FOI Act is available at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
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Complaint rights
You may make a complaint to the Information Commissioner about the Department’s actions
in relation to a request. Making a complaint about the way the Department has handled an
FOI request is a separate process to seeking review of the Department’s decision. Further
information about how to make a complaint is availab
le at https://www.oaic.gov.au/freedom-
of-information/reviews-and-complaints/make-an-foi-complaint/. Yours sincerely
Peter Rush
Assistant Secretary
Parliamentary and Government Branch
8 April 2021
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