ANNEXURE 1
AEC FILE 2007/384 – PARTY REGISTRATION,
REGISTRATION, LIBERAL DEMOCRATIC PARTY
FOI REQUEST
Request for:
documents that are held in relation to the application for registration of the Liberal Democratic Party under Part XI of the Commonwealth Electoral
Act 1918 (Cth) (“Electoral Act”), specifically:
1.
Documents held that relate to the consideration or determination by the AEC of matters arising under s129(1)(c)-(da) of the Electoral Act,
and
2.
Documents held by the AEC pursuant to the operation of s132(2)(b)(iv) of the Electoral Act, that is, any submission received by the AEC
believing that the application for registration should be refused under s129(1)(c)-(da) (“Submissions”), and any replies received to the
Submissions for the purposes of s132(5)(b) of the Electoral Act (“Replies”), and
3.
Documents held by the AEC in relation to any considerations of the Submissions and Replies pursuant to s132(7)(d) of the Electoral Act.
LIST OF DOCUMENTS
Document
Description
Date
Recommendation\Decision
No.
1
File Request Form
08/03/2007 1 I
recommend that you:
Folio 1 of file
2007/384
(a)
find that Document No. 1 contains irrelevant material that is the
entirety of Document No. 1;
(b)
find that the objects of the Act in giving access to a document
containing irrelevant material will be substantially achieved if
access is given to an edited version of Document No. 1 from
which the irrelevant material is redacted;
Page 11 of 84
(c)
find that it is not possible to prepare a meaningful edited version
from which the irrelevant material is redacted; and
(d)
decide to
refuse access to Document No. 1.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to
refuse access to Document No. 1.
2
Printed list of names, dates of
birth, addresses and other contact
1 I
recommend that you:
details of party members lodged
with the application. Removed
(a)
find that Document No. 2 contains personal information, namely
from the file on 23.01.2008 as
names and contact details, of persons named as a member of
personal information that should
the LDP and that on balance protecting the privacy of an
not be kept on file
individual’s political affiliations outweighs the public interest in
Folios 2-31
giving access to that information;
of file
(b) find that it is unreasonable to give access to the name and
2007/384
contact details of a member of the LDP and that on balance
protecting the privacy of an individual’s political affiliations
outweighs the public interest in giving access to that information.
(c)
find that disclosure of the personal information members of the
LDP (namely their names and contact details) would be
unreasonable for the purposes of subsection 47F of the FOI Act;
(d)
find that, for the purposes of paragraph 22(1)(b) of the FOI, it is
not possible for the AEC to prepare an edited copy of
Document No. 2, modified by appropriate deletions that ensure
that the edited copy does not disclose any information that
would reasonably be regarded as irrelevant to the FOI Request
or be exempt information because the extent of such deletions
would make an edited version of Document No. 2 meaningless
Page 12 of 84
(e)
decide to refuse access to Document No. 2.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to refuse access to Document No. 2.
.
3
Note explaining removal of
23/01/2008
folios 2 – 31 of file 2007/384.
1 I
recommend that you:
Folio 33 of
(a)
find that Document No. 3 contains irrelevant material that is the
file 2007/384
entirety of Document No. 3;
(b)
find that the objects of the Act in giving access to a document
containing irrelevant material will be substantially achieved if
access is given to an edited version of Document No. 3 from
which the irrelevant material is redacted;
(c)
find that it is not possible to prepare a meaningful edited version
from which the irrelevant material is redacted; and
(d)
decide to
refuse access to Document No. 3.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to
refuse access to Document No. 3.
4
Liberal Democratic Party (LDP)
03/03/2006
Constitution lodged with
1 I
recommend that you:
application
(a)
find that Document No. 4 contains no exempt material or
Folios 33-41
Page 13 of 84
of file
conditionally exempt material; and
2007/384
(b)
decide to give access in full to Document No. 4.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to give
access Document No. 4.
5
Statutory declaration from David
21/02/2007
Leyonhjelm LDP secretary
1 I recommend that you:
annexing membership forms from
1356 party members
(a)
find that Document No. 5 contains personal information to which
section 47F of the FOI Act applies;
Folio 42 of
file 2007/384
(b)
find that disclosure of Mr Leyonhjelm’s name as the declarant of
the statutory declaration is reasonable.
(c)
find that it is unreasonable to give access to the address of
Senator Leyonhjelm and that on balance protecting the safety of
a silent elector outweighs the public interest in giving access to
that information;
(d)
find that it is unreasonable to give access to a facsimile of an
individual’s signature and that on balance protecting an
individual against the risk of identity theft outweighs the public
interest in giving access to a facsimile of an individual’s
signature;
(e)
find that the disclosure of the address of the witness is
unreasonable;
(f)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 5 from which the facsimile of the individual’s signature is
Page 14 of 84
redacted;
(g)
find that, on balance, the factors favouring giving access in full
to Document No. 5 are outweighed by the factors favouring it
being contrary to the public interest to give such access, namely
the harm to an individual that could arise from identity theft
facilitated by access to a facsimile of the individual’s signature;
(h)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(i)
decide to refuse access to Document No. 5 and
offer in lieu
access to an edited copy of Document No. 5 from which the
exempt material is redacted.
I have:
(i)
made the findings recommended for the reasons explained
in the letter; and
(ii)
decided to
refuse access to Document No. 5 and
offer in
lieu access to an edited copy of Document No. 5 from
which the relevant conditionally exempt material is redacted.
6
Application for registration of a
02/02/2007
political party …
1 I
recommend that you:
Folios 43-44 of file 2007/384
(a)
find that Document No. 6 contains personal information to which
section 47F of the FOI Act applies;
(b)
find that the risk of harm or harassment makes it unreasonable
to give access to names of members of the LDP (other than the
secretary and party agent);
(c)
find that the risk of identity theft makes it unreasonable to give
access to a facsimile of an individual’s signature;
Page 15 of 84
(d)
find that the risk of harm or harassment makes it unreasonable
to give access to addresses of members of the LDP (other than
the secretary and party agent);
(e)
find that the risk of harm or harassment makes it unreasonable
to give access to telephone number of Senator Leyonhjelm;
(f)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 6 from which the facsimile of the individual’s signature is
redacted;
(g)
find that, on balance, the factors favouring giving access in full
to Document No. 6 are outweighed by the factors favouring it
being contrary to the public interest to given such access,
namely the harm to an individual that could arise from identity
theft facilitated by access to a facsimile of the individual’s
signature;
(h)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(i)
decide to refuse access to Document No. 6 and
offer in lieu
access to an edited copy of Document No. 6 from which the
facsimile of the individual’s signature is redacted.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b) decided to
refuse access to Document No. 6 and
offer in
lieu access to an edited copy of Document No. 6 from
which the facsimile of the individual’s signature is redacted.
Page 16 of 84
7
Letter from David Leyonhjelm, LDP
21/02/2007
secretary/treasurer to AEC
1 I
recommend that you:
covering application
(a)
find that Document No. 7 contains personal information to which
Folio 45 of file 2007/384
section 47F of the FOI Act applies;
(b)
find that the risk of identity theft makes it unreasonable to give
access to a facsimile of signature of Senator Leyonhjelm;
(c)
find that the risk of harm or harassment makes it unreasonable
to give access to private addresses of Senator Leyonhjelm;
(d)
find that the risk of harm or harassment makes it unreasonable
to give access to telephone number of Senator Leyonhjelm;
(e)
find that, on balance, the factors favouring giving access in full
to Document No. 7 are outweighed by the factors favouring it
being contrary to the public interest to give such access, namely
the harm to an individual that could arise from identity theft
facilitated by access to a facsimile of the individual’s signature;
(f)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 7 from which the facsimile of the individual’s signature is
redacted;
(g)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(h)
decide to refuse access to Document No. 7 and
offer in lieu
access to an edited copy of Document No. 7 from which the
facsimile of the individual’s signature is redacted.
I have:
(a)
made the findings recommended for the reasons explained
Page 17 of 84
in the letter; and
(b)
decided to
refuse access to Document No. 7 and
offer in
lieu access to an edited copy of Document No. 7 from
which the facsimile of the individual’s signature is redacted.
8
Copy of AEC receipt for $500
22/07/2007
made out to LDP
1 Document No. 8 contains no exempt material or conditionally
exempt material.
Folio 46 of file 2007/384
2 I
recommend that you
(a)
find that Document No. 8 contains no exempt material or
conditionally exempt material.
(b)
give access in full to Document No. 8.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b) decided to give
access to Document No. 8.
9
Email from Shawn O’Brien AEC to
22/02/2007
David Leyonhjelm LDP advising
1 I
recommend that you:
receipt of application
(a)
find that Document No. 9 contains no exempt material but does
Folio 47 of file 2007/384
contain conditionally exempt material to which section 47F of the
FOI Act applies;
(b)
find that it is reasonable to disclose the name and official email
address of the Secretary-Treasurer of the LDP; and
(c)
decide to give access in full to Document No. 9.
Page 18 of 84
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b) decided to give
access to Document No. 9.
10
Copies of the Registers of Political
13/03/2007
Parties shown on the ACT, NSW,
1 I
recommend that you:
NT, Qld, SA, Tas, Vic and WA
Electoral Commission websites
(a)
Find that Document No. 10 consists of downloads from State
and Territory Electoral Commission website;
Folios 48-60 of file 2007/384
(b)
find that Document No. 10 is out of scope of the class of
document that may be requested under Part III of the FOI Act by
reason that each document is published for reference; and
(c)
refuse access to Document No. 10.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to refuse access to Document No. 10.
11
Approved request for a legal
23/07/2007
opinion on the party name to be
1 I
recommend that you:
sent to the Legal Services Section
of the AEC
(a)
find that Document No. 11 would be privileged from production
in legal proceedings on the ground of legal professional
Folio 61-65 of file 2007/384
privilege;
(b)
find that the AEC has not waived the legal professional privilege
accruing to Document No. 11; and
(c)
decide to
refuse access to Document No. 11.
Page 19 of 84
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to refuse access to Document No. 11.
12
Email from Shawn O’Brien,
03/04/2007
Assistant Director, Funding and
11:39 AM 1 I
recommend that you
Disclosure to LDP Treasurer Re
Re: application for party
(a)
find that Document No. 12 contains personal information to
registration with thread including:
which section 47F of the FOI Act applies;
Email dated 21/03/2007
(b)
find that it is reasonable to give access to the name and
01:44 PM from David
contact details of an AEC official;
Leyonhjelm, Secretary-
(c)
find that it is reasonable to give access to the name and
Treasurer LDP re David
contact details of the Secretary-Treasurer of the LDP; and
Leyonhjelm, Secretary-
Treasurer LDP re
(d)
decide to give access
in full to Document No. 12.
application for party
registration;
I have:
Email dated 5/03/2007 6:07
PM from Shawn O’Brien,
(a)
made the findings recommended for the reasons explained
Assistant Director, Funding
in the letter; and
and Disclosure to LDP
(b)
decided to give access to Document No. 12.
Treasurer re
Re: receipt of
application for party
registration;
Email dated 22/02/2007
03:12 PM from David
Leyonhjelm, Secretary-
Treasurer LDP to Shawn
O’Brien re
Re: receipt of
application for party
Page 20 of 84
registration
Folios 66-69 of file 2007/384
13
Letter from Shawn O’Brien AEC to
11/04/2007
David Leyonhjelm LDP formally
1 I
recommend that you
acknowledging receipt of
application and enclosing receipt
(a)
find that Document No. 13 contains personal information to
which section 47F of the FOI Act applies;
Folio 70 of file 2007/384
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
(c)
find that it is unreasonable to give access to a facsimile of an
individual’s signature and that on balance protecting an
individual against the risk of identity theft outweighs the public
interest in giving access to a facsimile of an individual’s
signature;
(d) find that it is unreasonable to give access to the name and
contact details of a member of the LDP and that on balance
protecting the privacy of an individual’s political affiliations
outweighs the public interest in giving access to that information;
(e)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 13 from which the conditionally exempt material is redacted;
(f)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(g)
decide to
refuse access to Document No. 13 and
offer in lieu
access to an edited copy of Document No. 13 from which the
names and contact details of LDP members are redacted.
I have:
Page 21 of 84
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to
refuse access to Document No. 13 and
offer in
lieu access to an edited copy of Document No. 13 from
which the names and contact details of LDP members are
redacted.
Email from Shawn O’Brien,
14
Assistant Director, Funding and
24/04/2007 1 I
Disclosure to Monash Sahedeo
recommend that you
03:23 PM
re FW: receipt of application for
party registration with thread
(a)
find that Document No. 14 contains personal information to
including:
which section 47F of the FOI Act applies;
Email dated 24/04/2007 03:21
(b)
find that it is reasonable to give access to the name and
PM from David Leyonhjelm,
contact details of an AEC official;
Secretary-Treasurer, LDP to
(c)
Shawn O’Brien re Re receipt of
find that it is reasonable to give access to the name and
application for party registration
contact details of the Secretary-Treasurer of the LDP;
(d)
find that it unreasonable to give access to the private email
Email dated 24/04/2007 11:58
AM from Shawn O’Brien to
address of Senator Leyonhjelm and on balance the protection of
David L
Senator Leyonhjelm from harassment outweighs the public
interest in giving access to that information;
Folios 71-76 of file 2007/384
(e)
find that it is unreasonable to give access to the personal
information about members in the membership list and that on
balance protecting the privacy of an individual’s political
affiliations outweighs the public interest in giving access to that
information;
(f)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 14 from which the conditionally exempt material is redacted;
(g)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
Page 22 of 84
of LDP
1 I
recommend that you
Folio 80 of file 2007/384
(a)
find that Document No. 17 contains personal information to
which section 47F of the FOI Act applies;
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
(c)
find that it is unreasonable to give access to a facsimile of an
individual’s signature and that on balance protecting an
individual against the risk of identity theft outweighs the public
interest in giving access to a facsimile of an individual’s
signature;
(d) find that it is unreasonable to give access to the name and
contact details of a member of the LDP and that on balance
protecting the privacy of an individual’s political affiliations
outweighs the public interest in giving access to that information;
(e)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 16 from which the conditionally exempt material is redacted;
(f)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(g)
decide to
refuse access to Document No. 17 and offer in lieu
access to an edited copy of Document No. 17 from which the
names and contact details of LDP members are redacted.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to
refuse access to Document No. 17 and
offer in
lieu access to an edited copy of Document No. 17 from
Page 26 of 84
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to
refuse access to Document No. 23 and
offer in
lieu access to an edited copy of Document No. 23 from
which the names and contact details of LDP members are
redacted.
24
Email dated 22/02/2007 03:12
22/02/2007
PM from David Leyonhjelm,
1 I recommend that you:
Secretary-Treasurer LDP to
Shawn O’Brien re
(a)
find that Document No. 24 is included in the email thread of
Re: receipt of
Document No. 12.
application for party registration
Folios 87-88 of file 2007/384
(b)
decide to subsume your decision about access to Document
No. 24 in your decision about access to Document No. 12.
I have
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to subsume my decision about access to Document
No. 24 in my decision about access to Document No. 12.
25
Email from David Leyonhjelm, LDP
05/03/2007
to Shawn O’Brien, AEC re
receipt
04:22 PM 1 I
recommend that you:
of party registration with thread
including:
(a)
find that Document No. 25 contains personal information to
which section 47F of the FOI Act applies;
Email dated 22/02/2007
2:59 PM from Shawn
(b)
find that it is reasonable to give access to the name and
O’Brien, AEC to David
contact details of an AEC official;
Leyonhjelm, Secretary, LDP
Page 33 of 84
re
receipt of party
(c)
find that it is reasonable to give access to the name and official
registration
contact details of the Secretary-Treasurer of the LDP; and
Folios 89-90 of file 2007/384
(d)
decide to give access
to Document No. 25.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to give access to Document No. 25.
26
Email from David Leyonhjelm,
05/03/2007
Secretary-Treasurer, LDP to
06:13 PM 1 I
recommend that you
Shawn O’Brien, AEC re
Re: receipt
of application for party registration
(a)
find that Document No. 26 contains personal information to
with thread:
which section 47F of the FOI Act applies;
Email dated 5/03/2007 6:07
(b)
find that it is reasonable to give access to the name and
PM from Shawn O’Brien,
contact details of an AEC official;
AEC to David Leyonhjelm,
(c)
find that it is reasonable to give access to the name and official
Secretary-Treasurer, LDP
contact details of the Secretary-Treasurer of the LDP; and
re
receipt of application for
party registration
(d)
decide to give access to Document No. 26.
Folios 91-92 of file 2007/384
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to give access to Document No. 26.
27
Email from Shawn O’Brien, AEC to
03/04/2007
David Leyonhjelm, Secretary-
11:44 AM 1 I
recommend that you
Treasurer, LDP re
Re: application
for party registration with thread
(a)
find that Document No. 27 contains personal information to
including:
which section 47F of the FOI Act applies;
Page 34 of 84
Email dated 21/03/2007
(b)
find that it is reasonable to give access to the name and
01:44 PM from David
contact details of an AEC official;
Leyonhjelm, Secretary-
(c)
find that it is reasonable to give access to the name and official
Treasurer, LDP to Shawn
contact details of the Secretary-Treasurer of the LDP; and
O’Brien, AEC re
application
for party registration
(d)
decide to give access to Document No. 27.
Email dated 5/03/2007 6:07
PM from Shawn O’Brien,
I have:
AEC to David Leyonhjelm,
Secretary-Treasurer, LDP
(a)
made the findings recommended for the reasons explained
in the letter; and
Folios 93-94 of file 2007/384
(b)
decided to give access
to Document No. 27.
28
Email from David Leyonhjelm,
13/04/2007
Secretary-Treasurer, LDP to
09:06 AM 1 I
recommend that you
Shawn O’Brien, AEC re
Fw:
application for party registration
(a)
find that Document No. 28 contains personal information to
with thread including:
which section 47F of the FOI Act applies;
Email dated 3/4/2007 11:44
(b)
find that it is reasonable to give access to the name and
AM from Shawn O’Brien,
contact details of an AEC official;
AEC to David Leyonhjelm,
(c)
find that it is reasonable to give access to the name and
Secretary-Treasurer, LDP
contact details of the Secretary-Treasurer of the LDP;
re
Re: application for party
registration
(d)
find that it is unreasonable to give access to the personal
information about members in the membership list relating to
Folios 95-96 of file 2007/384
their names, addresses and telephone numbers and that on
balance protecting the privacy of an individual’s political
affiliations outweighs the public interest in giving access to that
information;
(e)
find that it is reasonable to give access to the de-identified
information about the dates of birth and indication of gender of
LDP members;
(f)
find that the objects of the Act in giving access to a document
Page 35 of 84
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 28 from which the conditionally exempt material is redacted;
(g)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(h)
decide to
refuse access to Document No. 28 and
offer in lieu
access to an edited copy of Document No. 28 from which the
name, address and telephone numbers of members listed in the
membership list are redacted.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to
refuse access to Document No. 28 and
offer in
lieu access to an edited copy of Document No. 28 from
which the name, address and telephone numbers of
members listed in the membership list are redacted.
29
Email from Shawn O’Brien, AEC to
08/05/2007
David Leyonhjelm, Secretary-
10:42 AM 1 I
recommend that you
Treasurer, LDP re
receipt of
application for party registration
(a)
find that Document No. 29 contains personal information to
with thread including:
which section 47F of the FOI Act applies;
Email dated 3/05/2007
(b)
find that it is reasonable to give access to the name and
10:59 AM from David
contact details of an AEC official;
Leyonhjelm, Secretary-
(c)
find that it is reasonable to give access to the name and
Treasurer, LDP to Shawn
contact details of the Secretary-Treasurer of the LDP;
O’Brien, AEC re
receipt of
application for party
(d)
find that it unreasonable to give access to the private email
registration;
address of Senator Leyonhjelm;
Email dated 24/04/2007
(e)
find that the objects of the Act in giving access to a document
Page 36 of 84
11:58 AM from Shawn
containing conditionally exempt material will be substantially
O’Brien, AEC to David
achieved if access is given to an edited version of Document
Leyonhjelm, Secretary-
No. 29 from which the conditionally exempt material is redacted;
Treasurer, LDP re
receipt of
(f)
find that it is possible to prepare a meaningful edited version
application for party
from which the conditionally exempt material is redacted; and
registration
(g)
decide to
refuse access to Document No. 29 and
offer in lieu
Email dated 24/04/2007
access to an edited copy of Document No. 29 from which the
11:50 AM from David
private email address of Senator Leyonhjelm is redacted.
Leyonhjelm, Secretary-
Treasurer, LDP to Shawn
O’Brien, AEC re
receipt of
I have:
application for party
registration;
(a)
made the findings recommended for the reasons explained
in the letter; and
Email dated 5/03/2007 5:07
PM from Shawn O’Brien,
(b)
decided to
refuse access to Document No. 29 and
offer in
AEC to David Leyonhjelm,
lieu access to an edited copy of Document No. 29 from
Secretary-Treasurer, LDP
which the private email address of Senator Leyonhjelm is
re
redacted.
receipt of application for
party registration
Folios 97-99 of file 2007/384
30
Envelope of covering envelope to
08/05/2007
Document No. 18 endorsed with
1 I
recommend that you
a manuscript annotation and a
sticker giving RTS advice from
(a)
find that Document No. 30 contains personal information to
Australia Post
which section 47F of the FOI Act applies;
Folio 100 of file 2007/384
(b)
find that it is unreasonable to give access to the name and
contact details of a member of the LDP and that on balance
protecting the privacy of an individual’s political affiliations
outweighs the public interest in giving access to that information;
and
(c)
decide to
refuse access to Document No. 30 and
offer in lieu
Page 37 of 84
access to an edited copy of Document No. 30 from which the
name and contact details of the LDP member is redacted.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to
refuse access to Document No. 30 and
offer in
lieu access to an edited copy of Document No. 30 from
which the name and contact details of the LDP member is
redacted.
31
Envelope of covering envelope to
07/05/2007
Document No. 20 endorsed with
1 I
recommend that you
sticker giving
Document
RTS advice from
Australia Post
No. 31
(a)
find that Document No. 31contains personal information to
which section 47F of the FOI Act applies;
Folio 101 of file 2007/384
(b)
find that it is unreasonable to give access to the name and
contact details of a member of the LDP and that on balance
protecting the privacy of an individual’s political affiliations
outweighs the public interest in giving access to that information;
and
(c)
decide to
refuse access to Document No. 31 and
offer in lieu
access to an edited copy of Document No. 31 from which the
name and contact details of the LDP member is redacted.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to
refuse access to Document No. 31 and
offer in
lieu access to an edited copy of Document No. 31 from
Page 38 of 84
accruing to Document No. 33; and
(c)
decide to
refuse access to Document No. 33
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to refuse access to Document No. 33.
34
Email from Kevin Bodel AEC
16/5/2007
Director Funding and Disclosure to
1 I
recommend that you:
Shawn O’Brien re re
FW: Liberal
Democratic Party with thread
(a)
find that Document No. 34 contains personal information to
including:
which section 47F of the FOI Act applies;
Email dated 2/05/2007
(b)
find that it is reasonable to give access to the name and
04:48 PM from Marlow
contact details of an AEC official;
Thompson, AEC Lawyer to
(c)
find that although Document No. 34 is correspondence between
Kevin Bodel re
Liberal
a solicitor and client, legal professional privilege does not accrue
Democratic Party
because it is formal correspondence that does not contain a
Folios 107-108 of file 2007/384
privileged communication;
(d)
find that release of Document No. 34 does not waive the
privilege accruing to Document No. 34 which is attached to it:
see
Commonwealth of Australia v Dutton.
(e)
decide to give access in full to
Document No. 34.
I have:
(a)
made the findings recommended for the reasons explained
in the letter; and
(b)
decided to give access to Document No. 34.
Page 40 of 84
35
Email Warren Kelly, AEC to Shawn
07/05/2007
O’Brien, AEC re
Fw: verification of
1:53 PM 1 I
recommend that you
LDP party membership 07/384-41 with thread including:
(a)
find that Document No. 35 contains personal information to
which section 47F of the FOI Act applies;
Email dated 7/05/2014
01:43 PM from Damian
(b)
find that it is reasonable to give access to the name and
Thorley to Shawn O’Brien,
contact details of an AEC official;
AEC re
verification of LDP
(c)
find that it is unreasonable to give access to the name and
party membership 07/384-
contact details of a member of the LDP and that on balance
41
protecting the privacy of an individual’s political affiliations
Folio 109 of file 2007/384
outweighs the public interest in giving access to that information;
(d)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 35 from which the conditionally exempt material is redacted;
(e)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(f)
decide to
refuse access to Document No. 35 and
offer in lieu
access to an edited copy of Document No. 35 from which the
names and contact details of LDP members are redacted.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 35 and
offer in
lieu access to an edited copy of Document No. 35 from
which the names and contact details of LDP members are
redacted.
36
AEC Minute from Shawn
02/04/2007
Page 41 of 84
O’Brien to acting Deputy
1 I
Electoral Commissioner (DEC)
recommend that you:
recommending an
(a)
find that the entirety of Document No. 36 contains irrelevant
acknowledgment to a letter from
material;
Chris Bowen MP Federal
Member for Prospect
(b)
find that the objects of the Act in giving access to a document
containing irrelevant material will be substantially achieved if
Clearance record
access is given to an edited version of Document No. 36 from
Folios 110-112 of file 2007/384
which the irrelevant material is redacted;
(c)
find that it is not possible to prepare a meaningful edited version
from which the irrelevant material is redacted; and
(d)
decide to
refuse access to Document No. 36.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 36.
37
Letter to Chris Bowen MP Federal
03/04/2007
Member for Prospect signed by the
1 I
recommend that you:
acting DEC Tim Pickering
(a)
find that the entirety of Document No. 37 contains irrelevant
Folio 113 of file 2007/384
material;
(b)
find that the objects of the Act in giving access to a document
containing irrelevant material will be substantially achieved if
access is given to an edited version of Document No. 37 from
which the irrelevant material is redacted;
(c)
find that it is not possible to prepare a meaningful edited version
from which the irrelevant material is redacted; and
(d)
decide to
refuse access to Document No. 37.
Page 42 of 84
access is given to an edited version of Document No. 39 from
which the irrelevant material is redacted;
(c)
find that it is not possible to prepare a meaningful edited version
from which the irrelevant material is redacted; and
(d)
decide to
refuse access to Document No. 39.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 39.
40
Clearance record from Shawn
30/05/2007
O’Brien AEC to Ian Campbell
1 I
recommend that you:
Electoral Commissioner (EC)
recommending he sign a reply to
(a)
find that the entirety of Document No. 40 contains irrelevant
Mr Bowen MP
material;
Folio 119 of file 2007/384
(b)
find that the objects of the Act in giving access to a document
containing irrelevant material will be substantially achieved if
access is given to an edited version of Document No. 40 from
which the irrelevant material is redacted;
(c)
find that it is not possible to prepare a meaningful edited version
from which the irrelevant material is redacted; and
(d)
decide to
refuse access to Document No. 40.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 40.
Page 44 of 84
41
Letter from Ian Campbell EC to
05/06/2007
Chris Bowen MP with attachment
1 I
recommend that you:
Folios 120-121 of file 2007/384
(a)
find that the entirety of Document No. 41 contains irrelevant
material;
(b)
find that the objects of the Act in giving access to a document
containing irrelevant material will be substantially achieved if
access is given to an edited version of Document No. 41 from
which the irrelevant material is redacted;
(c)
find that it is not possible to prepare a meaningful edited version
from which the irrelevant material is redacted; and
(d)
decide to
refuse access to Document No. 41.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 41.
42
Statement of Reasons from the
31/08/2001
ACT Electoral Commissioner for
1 I
recommend that you:
decision in relation to section 89 of
the Electoral Act 1992 (ACT) to
(a)
find that Document No. 42 contains no exempt material;
register the LDP
(b)
find that Document No. 42 contains personal information to
Folios 122-128 of file 2007/384
which section 47F of the FOI Act applies;
(c)
find that Document No. 42 was formerly published on the
website of Elections ACT at
http://www.elections.act.gov.au/PartyRevSt.htm;
(d)
find that it is reasonable to give access to the names of
individuals objecting and responding to objections to the
registration of the LDP under section 89 of the
Electoral Act
Page 45 of 84
1992 (ACT) identified in Document No. 42;
(e)
find that it is reasonable to give access to the name and contact
details of the ACT official identified in Document No. 42; and
(f)
grant access to Document No. 42.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to grant access to Document No. 42.
43
Legal advice from Marlowe
17/05/2007
Thompson, AEC Lawyer, about the
1 I
recommend that you:
application for registration of a
political party – Liberal Democratic
(a)
find that Document No. 43 would be privileged from production
Party – LDP
in legal proceedings on the ground of legal professional
Folios 129-32 of file 2007/384
privilege;
(b)
find that the AEC has not waived the legal professional privilege
accruing to Document No. 43; and
(c)
decide to refuse access to Document No. 43.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to refuse access to Document No. 43.
44
Extracts from the Act relating to
undated
party registration
1 I
recommend that you:
Folios 133-138 of file 2007/384
(a)
find that Document No.44 is published for reference on the
Comlaw website at
Page 46 of 84
http://www.comlaw.gov.au/Series/C1918A00027;
(b)
find that Document No. 44 is out of scope of the class of
document that may be requested under Part III of the FOI Act;
and
(c)
refuse access to Document No. 44.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to refuse access to Document No. 44.
45
Minute from Kevin Bodel AEC
21/05/2007
DFAD to Paul Dacey DEC
1 I recommend that you
recommending LDP be asked to
(
vary their party name including:
(a)
find that Document No. 45 contains personal information to
which section 47F of the FOI Act applies;
Approval dated 28/05/2007
by DEC
(b)
find that it is reasonable to give access to the name and contact
details of an AEC official;
Folios 139-144 of file 2007/384
(c)
find that it is unreasonable to give access to the name and
contact details of a member of the LDP and that on balance
protecting the privacy of an individual’s political affiliations
outweighs the public interest in giving access to that information;
(d)
find that Document No. 45 contains material protected by legal
professional privilege belonging to the AEC which privilege has
not been waived;
(e)
find that Document No. 45 contains deliberative matter to which
section 47C of the FOI Act applies and that, on balance, the
public interest in preserving candour in deliberations outweighs
the public interest in allowing access to the deliberative matter;
(f)
find that the objects of the Act in giving access to a document
Page 47 of 84
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 45 from which the conditionally exempt material is redacted;
(g)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 45 from which the conditionally exempt material is redacted;
(h)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(i)
decide to refuse access to Document No. 45 and
offer in lieu
access to an edited copy of Document No. 45 from which the
names and contact details of LDP members and material subject
to legal professional privilege and deliberative material are
redacted.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to refuse access to Document No. 45 and
offer in
lieu access to an edited copy of Document No. 45 from
which the names and contact details of LDP members and
material subject to legal professional privilege and
deliberative material are redacted.
46
clearance record from Shawn
17/05/2007
O’Brien to DEC re Document
1 I
recommend that you:
No. 45.
(a)
find that Document No. 46 contains personal information to
Folio 145 of file 2007/384
which section 47F of the FOI Act applies;
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
Page 48 of 84
(c)
find that it is unreasonable to give access to a facsimile of an
individual’s manuscript initialling and that on balance protecting
risk of identity theft outweighs the public interest in giving access
to a facsimile of an individual’s initialling;
(d)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 46 from which the conditionally exempt material is redacted;
(e)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(f)
decide to
refuse access to Document No. 46 and
offer in lieu
access to an edited copy of Document No. 46 from which the
names and contact details of LDP members are redacted.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 46 and
offer in
lieu access to an edited copy of Document No. 46 from
which the facsimiles of individuals’ Initialing are redacted.
47
Clearance record from Shawn
06/07/2007
O’Brien to FAC Electoral
1 I
recommend that you
Operations re Document No. 48
(a)
find that Document No. 47 contains personal information to
Folio 146 of file 2007/384
which section 47F of the FOI Act applies;
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
(c)
find that it is unreasonable to give access to a facsimile of an
individual’s manuscript initialling and that on balance protecting
risk of identity theft outweighs the public interest in giving access
Page 49 of 84
to a facsimile of an individual’s initialling;
(d)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 47 from which the conditionally exempt material is redacted;
(e)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(f)
decide to
refuse access to Document No. 47 and
offer in lieu
access to an edited copy of Document No. 47 from which the
names and contact details of LDP members are redacted.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 47 and
offer in
lieu access to an edited copy of Document No. 47 from
which the facsimiles of individuals’ Initialing are redacted.
48
Letter from Paul Dacey DEC to
08/06/2007
David Leyonhjelm LDP re Notice
1 I recommend that you
under s.131 of the Electoral Act
(a)
find that Document No. 48 contains personal information to
Folios 147-150 of file 2007/384
which section 47F of the FOI Act applies;
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
(c)
find that it is unreasonable to give access to the facsimile of an
individual’s signature;
(d)
find that it is unreasonable to give access to the address of
Senator Leyonhjelm and that on balance protecting the safety of
a silent elector outweighs the public interest in giving access to
Page 50 of 84
that information; and
(e)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 48 from which the conditionally exempt material is redacted;
(f)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(g)
decide to
refuse access to Document No. 48 and
offer in lieu
access to an edited copy of Document No. 48 from which the
names and contact details of LDP members are redacted.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 48 and
offer in
lieu access to an edited copy of Document No. 48 from
which the facsimile of an individual’s signature and the
residential address of Senator Leyonhjelm are redacted.
49
Minute from Shawn O’Brien, DFAD
02/07/2007
to Marlowe Thompson, AEC
1 I
recommend that you:
requesting legal advice
(a)
find that Document No. 49 would be privileged from production
Folio 151-152 of file 2007/384
in legal proceedings on the ground of legal professional
privilege;
(b)
find that the AEC has not waived the legal professional privilege
accruing to Document No. 49; and
(c)
decide to
refuse access to Document No. 49.
I have:
Page 51 of 84
register the Liberal Democratic
which section 47F of the FOI Act applies;
Party
(b)
find that it is reasonable to give access to the name and
Folios 167-168 of file 2007/384
contact details of an AEC official;
(c)
find that it is unreasonable to give access to a facsimile of an
individual’s signature and that on balance protecting an
individual against the risk of identity theft outweighs the public
interest in giving access to a facsimile of an individual’s
initialling;
(d) find that it is unreasonable to give access to the name and
contact details of a member of the LDP and that on balance
protecting the privacy of an individual’s political affiliations
outweighs the public interest in giving access to that information;
(e)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 53 from which the conditionally exempt material is redacted;
(f)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(g)
decide to
refuse access to Document No. 53 and
offer in lieu
access to an edited copy of Document No. 53 from which the
facsimile of a signature and the name of the LDP members are
redacted.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 53 and
offer in
lieu access to an edited copy of Document No. 53 from
which the facsimile of a signature and the name of the LDP
Page 55 of 84
I have:
(a)
made the findings recommended above for the reasons
given; and
(b) decided to
refuse access to Document No. 54 and
offer in
lieu access to an edited copy of Document No. 54 from
which the conditionally exempt material is redacted.
55
Note that folios 177-78 were
01/08/2007
removed and placed on the DLP
1 I
recommend that you:
file 2004/2011
(a)
find that the entirety of Document No. 55 contains irrelevant
Folios 177-178 of file 2007/384
material;
(b)
find that the objects of the Act in giving access to a document
containing irrelevant material will be substantially achieved if
access is given to an edited version of Document No. 55 from
which the irrelevant material is redacted;
(c)
find that it is not possible to prepare a meaningful edited version
from which the irrelevant material is redacted; and
(d)
decide to
refuse access to Document No. 55.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 55.
56
unsigned letter Shawn O’Brien
31/07/2007
AEC to David Leyonhjelm LDP
1 I
recommend that you
advising that LDP application will
(a)
find that Document No. 56 contains personal information to
Page 57 of 84
be advertised for public objection
which section 47F of the FOI Act applies;
Folio 179 of file 2007/384
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
(c)
find that it is unreasonable to give access to the address of
Senator Leyonhjelm and that on balance protecting the safety of
a silent elector outweighs the public interest in giving access to
that information; and
(d)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 56 from which the conditionally exempt material is redacted;
(e)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(f)
decide to
refuse access to Document No. 56 and
offer in lieu
access to an edited copy of Document No. 56 from which the
residential address of Senator Leyonhjelm is redacted.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 56 and
offer in
lieu access to an edited copy of Document No. 56 from
which the residential address of Senator Leyonhjelm is
redacted.
57
Letter from David Leyonhjelm,
19/07/2007
Secretary LDP to The
1 I
recommend that you:
Commissioner, AEC re application
for registration of LDP with
(a)
find that Document No. 57 is a copy of Document No. 54
attachments:
(b)
subsume your decision about access to Document No. 57
Page 58 of 84
secretary annexing
2
find that Document No. 59 is a copy of Document Nos. 5 and 6.
membership forms from
1356 party members
3
subsume your decision about access to Document No. 59 in
your decision about access to Document Nos. 5 and 6.
Copy of Document Nos 5 & 6
tabbed A
Folios 189-191 of file 2007/384
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b) decided to
subsume my decision about access to Document
No. 59 in my decision about access to Document Nos. 5 and
6.
60
Minute from Kevin Bodel DFAD to
31/07/2007
Paul Dacey DEC re
New Party
1 I
recommend that you
Registration – Liberty and
Democracy Party.
(a)
find that Document No. 60 contains personal information to
which section 47F of the FOI Act applies;
Decision notation dated
31/07/2007
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
Folios 192-195 of file 2007/384
(c)
find that it is unreasonable to give access to the name and
contact details of a member of the LDP and that on balance
protecting the privacy of an individual’s political affiliations
outweighs the public interest in giving access to that information;
(d) find that Document No. 60 contains deliberative matter and that,
on balance, the public interest in preserving candour in
deliberations outweighs the public interest in allowing access to
the deliberative matter;
(e)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
Page 60 of 84
No. 60 from which the conditionally exempt material is redacted;
(f)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(g)
decide to
refuse access to Document No. 60 and
offer in lieu
access to an edited copy of Document No. 60 from which the
names and contact details of LDP members are redacted.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 60 and
offer in
lieu access to an edited copy of Document No. 60 from
which the names and contact details of LDP members and
deliberative material are redacted.
61
Clearance record from
26/07/2007
Catherine Hodge AEC to DEC
1 I
recommend that you
re Document No. 60
(a)
find that Document No. 61 contains personal information to
Folio 196 of file 2007/384
which section 47F of the FOI Act applies;
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
(c)
find that it is unreasonable to give access to a facsimile of
manuscript initialling by an individual and that on balance
protecting an individual against the risk of identity theft
outweighs the public interest in giving access to a facsimile an
individual’s initialling;
(d)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
Page 61 of 84
(e)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(f)
decide to
refuse access to Document No. 62 and
offer in lieu
access to an edited copy of Document No. 62 from which the
names and contact details of LDP members are redacted.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 62 and
offer in
lieu access to an edited copy of Document No. 62 from
which the names and contact details of LDP members are
redacted.
63
Letter from Shawn O’Brien, AEC to
31/07/2007
David Leyonhjelm, Secretary LDP
1 I
recommend that you:
re
Confirmation of Registration as
a Political Party – “Liberty And
(a)
find that Document No. 63 contains personal information to
Democracy Party” – Abbreviation
which section 47F of the FOI Act applies;
“LDP”
(b)
find that it is reasonable to give access to the name and
Folio 198 of file 2007/384
contact details of an AEC official;
(c)
find that it is unreasonable to give access to a facsimile of an
individual’s signature and that on balance protecting an
individual against the risk of identity theft outweighs the public
interest in giving access to a facsimile of that signature;
(d) find that it is reasonable to give access to the name and official
address of the Secretary-Treasurer of the LDP;
(e)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
Page 63 of 84
containing irrelevant material cannot be substantially achieved if
access is given to an edited version of Document No. 84 from
which the irrelevant material is redacted;
(c)
find that it is not possible to prepare a meaningful edited version
from which the irrelevant material is redacted; and
(d)
decide to
refuse access to Document No. 64.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 64.
65
Copy of letter from Phil ip Green
03/08/2007
ACT EC advising that the ACT
1 I
recommend that you;
already has a party registered with
the abbreviation LDP
(a)
find that Document No. 65 is a copy of Document No. 66; and
Folio 200 of file 2007/384
(b)
subsume your decision about access to Document No. 65 in
your decision about access to Document No. 66.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
subsume my decision about access to Document
No. 65 in my decision about access to Document No. 66.
66
Letter from Phil ip Green ACT EC
03/08/2007
advising that the ACT already has
I
recommend that you:
a party registered with the
(a)
find that Document No. 66 contains personal information to
abbreviation LDP
which section 47F of the FOI Act applies;
(b)
find that it is reasonable to give access to the name and
Page 65 of 84
Folio 201 of file 2007/384
contact details of a public official, namely Electoral
Commissioner for the Australian Capital Territory;
(c)
find that the risk of identity theft makes it unreasonable to give
access to a facsimile of an individual’s signature or manuscript
initialling;
(d)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 66 from which the facsimile of the individual’s signature is
redacted;
(e)
find that, on balance, the factors favouring giving access in full
to Document No. 66 are outweighed by the factors favouring it
being contrary to the public interest to given such access,
namely the harm to an individual that could arise from identity
theft facilitated by access to a facsimile of the individual’s
signature;
(f)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 66 from which the conditionally exempt material is redacted;
(g)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(h)
decide to refuse access to Document No. 66 and
offer in lieu
access to an edited copy of Document No. 66 from which the
facsimile of the individual’s signature or manuscript initialling is
redacted.
I have:
(a)
made the findings recommended above for the reasons
given; and
Page 66 of 84
(b) decided to
refuse access to Document No. 66 and
offer in
lieu access to an edited copy of Document No. 66 from
which the facsimile of the individual’s signature or manuscript
initialing is redacted.
67
Draft letter from Paul Dacey, DEC
undated
to Phil ip Green, Electoral
1 I
recommend that you:
Commissioner of the Australian
Capital Territory re application for
(a)
find that Document No. 67 is the draft that gave rise to
registration of LDP, tabbed J
Document No. 87.
Folio 203 of file 2007/384
(b)
subsume your decision about access to Document No. 67 in
your decision about access to Document No. 87.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to subsume my decision about access to Document
No. 67 in my decision about access to Document No. 87.
68
Draft letter from Paul Dacey, DEC
undated
to David Leyonhjelm, Proposed
1 I
recommend that you:
Registered Officer LDP re
Approval for Party Registration,
(a)
find that Document No. 68 is the draft that gave rise to
tabbed I
Document No. 86.
Folios 204-206 of file 2007/384
(b)
subsume your decision about access to Document No. 68 in
your decision about access to Document No. 86.
I have:
(a)
made the findings recommended for the reasons given in
Page 67 of 84
the letter; and
(b)
decided to subsume my decision about access to Document
No. 68 in my decision about access to Document No. 86.
69
Draft Party registration decision:
undated
Liberty and Democracy Party,
1 I recommend that you:
tabbed H
(a)
find that Document No. 69 is the draft that gave rise to
Folios 207-211 of file 2007/384
Document No. 79; and
(b)
subsume your decision about access to Document No. 69 in
your decision about access to Document No. 79.
(a)
made the findings recommended for the reasons given in
the letter; and
(b) I have
decided to subsume my decision about access to
Document No. 69 in my decision about access to of
Document No. 79.
70
Draft entry in the Register of
undated
Political Parties for LDP, tabbed G
1 I recommend that you:
Folio 212 of file 2007/384
(a)
find that Document No. 70 is the draft that gave rise to
Document No. 91.
(b)
subsume your decision about access to Document No. 70 in
your decision about access to Document No. 91.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to subsume my decision about access to Document
Page 68 of 84
No. 70 in my decision about access to Document No. 91.
71
Letter from Phil ip Green ACT EC
03/08/2007
advising that the ACT already has
1 I recommend that you:
a party registered with the
abbreviation LDP, tabbed F
(a)
find that Document No. 71 is a copy of Document No. 66;
Folio 213 of file 2007/384
(b)
subsume your decision about access to Document No. 71 in
your decision about access to Document No. 66.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to subsume my decision about access to Document
No. 71 in my decision about access to Document No. 66.
72
Minute from Kevin Bodel DFAD
31.07.2007
to Paul Dacey DEC
1 I
recommend that you:
recommending advertisement of
LDP application for public
(a)
find that Document No. 72 is a copy of Document No. 60.
objection.
(b)
subsume your decision about access to Document No. 72 in
your decision about access to Document No. 60.
Decision notation dated
31/07/2007,
tabbed E
I have:
Folio 214-217 of file 2007/384
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to subsume my decision about access to Document
No. 72 in my decision about access to Document No. 60.
73
Letter from David Leyonhjelm,
19.07.2007
Secretary LDP to The
Page 69 of 84
Commissioner, AEC re
1 I
application for registration of
recommend that you:
LDP, tabbed D
(a)
find that Document No. 73 is a copy of the first page of
Folio 218 of file 2007/384
Document No. 54; and
(b)
subsume your decision about access to Document No. 73 in
your decision about access to Document No. 54.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to subsume my decision about access to Document
No. 73 in my decision about access to Document No. 54.
74
Minute from Kevin Bodel AEC
21.05.2007
DFAD to Paul Dacey DEC
1 I
recommend that you:
recommending LDP be asked to
vary their party name including:
(a)
find that Document No. 74 is a copy of the first page of
Document Nos. 54 and a copy of Document 48
Approval dated 28/05/2007
(b)
by DEC
subsume your decision about access to Document No. 74 in
your decision about access to Document Nos. 54 and 48.
Letter from Paul Dacey
DEC to David Leyonhjelm
LDP, notice under s.131 of
I have:
the Act asking whether LDP
(a)
made the findings recommended for the reasons given in
would be prepared to
the letter; and
change its name,
tabbed C
(b)
decided to subsume my decision about access to Document
No. 74 in my decision about access to Document Nos. 54 and
Folios 219-228 of file 2007/384
48 respectively.
Page 70 of 84
75
Application for registration of a
21.02.2007
political party.
1 I recommend that you:
Statutory declaration from
(a)
find that Document No. 75 is a copy of Document Nos. 5 and 6.
David Leyonhjelm LDP
(b)
secretary annexing
subsume your decision about access to Document No. 75 in
your decision about access to Document Nos. 5 and 6.
membership forms from
1356 party members,
tabbed B
I have:
Folios 228-230 of file 2007/384
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to subsume my decision about access to Document
No. 75 in my decision about access to Document Nos. 5 and
6.
76
Extracts from the Electoral Act
undated
relevant to party registration,
1 I
recommend that you:
tabbed A
(a)
find that Document No. 76 is out of scope of the class of
Folios 231-233 of file 2007/384
document that may be requested under Part III of the FOI Act;
and
(b)
refuse access to Document No. 76.
I have:
(a) made the findings recommended for the reasons given in the
letter; and
(b)
decided to refuse access to Document No. 76.
77
Minute from Kevin Bodel
DFAD to Paul Dacey DEC
07/09/2007 1 I
recommend that you:
recommending a decision on
the application for
Page 71 of 84
registration of LDP
(a)
find that Document No. 77 contains personal information to
which section 47F of the FOI Act applies;
Decision notation dated
7/09/2007
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
Folios 234-
237 of file
(c)
find that Document No. 77 contains deliberative matter and that,
2007/384
on balance, the public interest in preserving candour in
deliberations outweighs the public interest in allowing access to
the deliberative matter;
(d)
find that it is not possible to prepare a meaningful edited version
from which the deliberative matter is redacted; and
(e)
decide to
refuse access to Document No. 77.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 77.
78
Clearance record from Catherine
03.09.2007
Hodge AEC to DEC re Document
1 I
recommend that you
No. 77
(a)
find that Document No. 78 contains personal information to
Folio 238 of file 2007/384
which section 47F of the FOI Act applies;
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
(c)
find that it is unreasonable to give access to a facsimile of
manuscript initialling by an individual and that on balance
protecting an individual against the risk of identity theft
outweighs the public interest in giving access to a facsimile an
individual’s initialling;
(d)
find that the objects of the Act in giving access to a document
Page 72 of 84
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 78 from which the conditionally exempt material is redacted;
(e)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(f)
decide to
refuse access to Document No. 78 and
offer in lieu
access to an edited copy of Document No. 78 from which the
manuscript initialling by individuals are redacted.
I have:
(a)
made the findings recommended for the reasons given in the
letter; and
(b)
decided to
refuse access to Document No. 78 and
offer in
lieu access to an edited copy of Document No. 78 from
which the names and contact details of LDP members are
redacted.
79
Party registration decision: Liberty
07/09/2007
and Democracy Party
1 I
recommend that you:
Folios 79 of file 2007/384
(a)
find that Document No. 79 is out of scope of the class of
document that may be requested under Part III of the FOI Act;
and
(b)
refuse access to Document No. 79.
I have:
(a)
made the findings recommended above for the reasons
given; and
(b)
decided to refuse access to Document No. 79.
Page 73 of 84
80
Draft Gazette notice of the
07.09.2007
registration of the LDP
1 I
recommend that you:
Folio 239 of file 2007/384
(a)
find that Document No. 80 is the draft that gave rise to
Document No. 83; and
(b)
subsume your decision about access to Document No. 80 in
your decision about access to Document No. 83.
I have:
(a)
made the findings recommended above for the reasons
given; and
(b)
subsume my decision about access to Document No. 80 in
my decision about access to Document No. 83.
81
Email from Song Woon Kon, AEC
10.09.2007
to xxxxxxxx@xx.xxx.xx re
01:05 PM 1 I
recommend that you
Register of Political Parties
(a)
find that it is reasonable to give access to the details of
Folio 240 of file 2007/384
Commonwealth officials;
(b)
find that Document No. 81 contains business information to
which section 47G of the FOI Act applies;
(c)
find that it is unreasonable to give access to the AEC’s account
details for publishing
Commonwealth Gazette and that on
balance protecting the integrity of the system for issuing
Commonwealth Gazette notices outweighs the public interest in
giving access to that information;
(d)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 81 from which the business information is redacted;
(e)
find that it is possible to prepare a meaningful edited version
Page 74 of 84
from which the business information is redacted; and
(f)
decide to
refuse access to Document No. 81 and
offer in lieu
access to an edited copy of Document No. 81 from which the
business information is redacted.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 81 and
offer in
lieu access to an edited copy of Document No. 81 from
which the business information is redacted.
82
Email from Karen Imms,
11.09.2007
Gazette Officer Attorney-
10:20 AM
1 Document No. 82 contains no exempt material but does contain
General’s Department to Song
conditionally exempt information, namely personal information being
Woon Kon, AEC re
Register of
the:
Political Parties
Folio 241 of file 2007/384
(a) name of an AEC official;
(b) telephone number of an AEC Official
(c) email address of an AEC official
(d) name of an another Commonwealth official; and
(e) email address of another Commonwealth official.
2 Section 47F of the FOI Act applies to Document No. 82 with the
consequence that you must decide whether it is reasonable to give
access to the particular item of personal information.
AEC Officials
3 For the reasons given in relation to Document No. 12, I do not see
any special circumstance existing that would require withholding of
Page 75 of 84
the names and contact details of AEC officials and other
Commonwealth Officials.
4 I
recommend that you:
(a)
find that to Document No. 82 to which section 47F of the FOI
Act applies;
(b) find that it is reasonable to give access to the name and contact
details of AEC officials and ACT officials; and
(c)
decide to give access to Document No. 82.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to give access to Document No. 82.
83
Copy of Special Gazette S176
11.09.2007 1 Document No. 83 is published for reference on the Comlaw website
Folio 242 of file 2007/384
2 I
recommend that you:
(a)
find that Document No. 83 is out of scope of the class of
document that may be requested under Part III of the FOI Act;
and
(b)
refuse access to Document No. 83.
I have:
(a)
made the findings recommended above for the reasons
given in my letter; and
Page 76 of 84
(b)
decided to refuse access to Document No. 83
84
Email from Song Woon Kon,
10.09.2007
AEC to Webmaster, AEC re
1 I
recommend that you:
Register of Political Parties
(a)
find that Document No. 84 contains personal information to
Folios 243-244 of file 2007/384
which section 47F of the FOI Act applies;
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
(c)
find that Document No. 84 contains irrelevant material;
(d)
find that the objects of the Act in giving access to a document
containing irrelevant material will be substantially achieved if
access is given to an edited version of Document No. 84 from
which the irrelevant material is redacted;
(e)
find that it is possible to prepare a meaningful edited version
from which the irrelevant material is redacted; and
(f)
decide to
refuse access to Document No. 84 and
offer in lieu
access to an edited copy of Document No. 84 from which the
irrelevant material and conditionally exempt material is redacted.
I have:
(a)
made the findings recommended above for the reasons
given in my letter; and
(b)
decided to
refuse access to Document No. 84 and
offer in
lieu access to an edited copy of Document No. 84 from
which the irrelevant material and conditionally exempt
material is redacted.
85
Clearance record Song Woon
10.09.2007
Kon AEC to Paul Dacey DEC re
01:23 PM 1 I
recommend that you:
Page 77 of 84
Document No. 86
(a)
find that Document No. 85 contains personal information to
Folio 245 of file 2007/384
which section 47F of the FOI Act applies;
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
(c)
find that it is unreasonable to give access to a facsimile of
manuscript initialling by an individual and that on balance
protecting an individual against the risk of identity theft
outweighs the public interest in giving access to a facsimile of an
individual’s initialling;
(d)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 85 from which the conditionally exempt material is redacted;
(e)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(f)
decide to
refuse access to Document No. 85 and
offer in lieu
access to an edited copy of Document No. 85 from which the
facsimiles of the signature and manuscript initialling by
individuals are redacted.
I have:
(a)
made the findings recommended above for the reasons
given in my letter; and
(b)
decided to
refuse access to Document No. 85 and
offer in
lieu access to an edited copy of Document No. 85 from
which the facsimiles of the signature and manuscript initialing
by individuals are redacted.
86
Letter from Paul Dacey, DEC to
11.09.2007
David Leyonhjelm, Proposed
1 I
recommend that you:
Page 78 of 84
Registered Officer LDP re
(a)
find that Document No. 86 contains personal information to
Approval for Party Registration
which section 47F of the FOI Act applies;
Folios 246-252 of file 2007/384
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
(c)
find that it is unreasonable to give access to a facsimile of an
individual’s signature and that on balance protecting an
individual against the risk of identity theft outweighs the public
interest in giving access to a facsimile of that signature;
(d) find that it is reasonable to give access to the name and official
address of the Secretary-Treasurer of the LDP;
(e)
find that the objects of the Act in giving access to a document
containing conditionally exempt material will be substantially
achieved if access is given to an edited version of Document
No. 86 from which the conditionally exempt material is redacted;
(f)
find that it is possible to prepare a meaningful edited version
from which the conditionally exempt material is redacted; and
(g)
decide to
refuse access to Document No. 86 and
offer in lieu
access to an edited copy of Document No. 86 from which the
address and facsimile of the signature of an individual is
redacted.
I have:
(a)
made the findings recommended above for the reasons
given in my letter; and
(b)
decided to
refuse access to Document No. 86 and
offer in
lieu access to an edited copy of Document No. 86 from
which the address and facsimile of the signature of an
individual is redacted.
Page 79 of 84
87
Letter from Paul Dacey, DEC to
11.09.2007
Phillip Green, Electoral
1 I
recommend that you
Commissioner of the Australian
Capital Territory re application
(a)
find that Document No. 87 contains personal information to
for registration of LDP
which section 47F of the FOI Act applies;
Folio 253 of file 2007/384
(b)
find that it is reasonable to give access to the name and
contact details of an AEC official;
(c)
find that it is reasonable to give access to the name and
contact details of an ACT official;
(d)
find that it is possible to prepare a meaningful edited version
from which the deliberative matter is redacted; and
(e)
decide to
refuse access to Document No. 87 and
offer in lieu
access to an edited copy of Document No. 87 from which the
facsimile of the individual’s signature is redacted.
I have:
(a)
made the findings recommended above for the reasons
given in my letter; and
(b)
decided to
refuse access to Document No. 87 and
offer in
lieu access to an edited copy of Document No. 87 from
which the facsimile of the individual’s signature is redacted.
88
Application to appoint a party
26.10.2007
agent in respect of the LDP
1 I
recommend that you:
Folio 254 of file 2007/384
(a)
find that Document No. 88 is an application made under section
288 of the Electoral Act for the purposes of Part XX of the
Electoral Act (Election funding and financial disclosure) that is
discrete from the application to register the LDP; and
(b)
find that the entirety of Document No. 88 is irrelevant to the FOI
Page 80 of 84
Request;
(c)
decide to refuse access to Document No. 88.
I have:
(a)
made the findings recommended above for the reasons
given in my letter; and
(b)
decided to refuse access to Document No. 88.
89
Processing checklist re
29.10.2007
Document No. 88
1 I
recommend that you:
Folios 255-256 of file 2007/384
(a)
find that Document No. 89 relates to the processing of the
application made in Document No. 88;
(b)
find that the entirety of Document No. 89 is irrelevant to the FOI
Request
(c)
refuse access to Document No. 89.
I have:
(a)
made the findings recommended above for the reasons
given in my letter; and
(b)
decided to refuse access to Document No. 89.
90
Letter from Alan Page Asst Dir
29.10.2007
FAD to David Leyonhjelm re
1 I
recommend that you:
appointment as party agent for
the LDP
(a)
find that Document No. 90 relates to the processing of the
application made in Document No. 88
Folios 257-260 of file 2007/384
(b)
find that the entirety of Document No. 90 is irrelevant to the FOI
Request; and
Page 81 of 84
(c)
refuse access to Document No. 90.
I have:
(a)
made the findings recommended above for the reasons
given in my letter; and
(b)
decided to refuse access to Document No. 90.
91
Copy of FCRM print of
10.09.2007
registered party details for LDP
1 I
recommend that you
Folio 261 of file 2007/384
(a)
find that Document No. 91 contains personal information to
which section 47F of the FOI Act applies;
(b)
find that it is unreasonable to give access to the contact details
of the secretary and registered officer of the LDP who is Senator
Leyonhjelm;
(c)
find that it is possible to prepare a meaningful edited version
from which the deliberative matter is redacted; and
(d)
decide to
refuse access to Document No. 91 and
in lieu offer
access to an edited version of Document No. 91 from which the
residential address and telephone numbers of Senator
Leyonhjelm are redacted.
I have:
(a)
made the findings recommended above for the reasons
given in my letter; and
(b)
decided to
refuse access to Document No. 91 and
in lieu
offer access to an edited version of Document No. 91 from
which the residential address and telephone numbers of
Senator Leyonhjelm are redacted.
Page 82 of 84
92
Copy of FCRM print of LDP
10.09.2007
page of the Register of Political
1 Document No. 92 is a copy of Document No. 91.
Parties
Recommendation
Folio 262 of file 2007/384
2 I recommend that you:
(a)
find that Document No. 92 is a copy of Document No. 91; and
(b)
decide to subsume your decision about access to Document
No. 92 in your decision about access to of Document No. 91.
I have:
(a)
made the findings recommended above for the reasons
given in my letter; and
(b)
decided to
subsume my decision about access to Document
No. 92 in my decision about access to of Document No. 91.
93
Processing checklist for
09.03.2007
application to register a non-
1 Document No. 93 contains no exempt or conditionally exempt
parliamentary party
material.
Folios 263-
2 I
recommend that you
give access in full to Document No. 93.
75 of file
2007/384
I have:
(a)
made the finding that Document No. 93 contains no exempt
or conditionally exempt material;
(b)
decided to give access to Document No. 93
94
File closure note
1 Document No. 94 does not contain exempt or conditionally exempt
Folio 276 of file
Page 83 of 84
2007/384
material, however it contains irrelevant material.
2 The irrelevant material is the entirety of Document No. 94.
3 You are required to consider the application to Document No. 94 of
section 22 of the FOI Act which provides for access being given to
edited copies of documents with exempt or irrelevant matter deleted.
4 I
recommend that you:
(a)
find that Document No. 94 contains irrelevant material that is
the entirety of Document No. 94;
(b)
find that the objects of the Act in giving access to a document
containing irrelevant material will be substantially achieved if
access is given to an edited version of Document No. 94 from
which the irrelevant material is redacted;
(c)
find that it is not possible to prepare a meaningful edited version
from which the irrelevant material is redacted; and
(d)
decide to
refuse access to Document No. 94.
I have:
(a)
made the findings recommended for the reasons given in
the letter; and
(b)
decided to
refuse access to Document No. 94.
End
Page 84 of 84
REDACTION CODES
1
Personal Information (name) redacted.
2
Personal Information (facsimile of signature) redacted
3
Personal Information (facsimile of manuscript initial ing) redacted
4
Personal Information (Individual’s address)
5
Personal information (individual’s telephone number)
6
Business information (Bank Account details) redacted.
7
Business information (Billing Account details) redacted.
8
Legal Professional Communication redacted.
9
Deliberative material redacted.
10
Irrelevant material redacted.