Our ref: T22/33
Alex Pentland
By email to: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Alex
Freedom of information request - OPC correspondents and
comments regarding "Sex Discrimination Amendment (Protecting
Students) Bil 2018"
1
The purpose of this letter is to give you a decision about access to documents that you
requested under the
Freedom of Information Act 1982 (FOI Act).
2
On 21 April 2022, you sought access to:
(a)
correspondence held by the Office of Parliamentary Counsel relating to the
proposed (but never tabled) "Sex Discrimination Amendment (Protecting
Students) Bill 2018".
Decision and reasons for decision
3
I am an officer authorised under subsection 23(1) of the FOI Act to make decisions in
relation to FOI requests.
4
Our office identified 87 documents meeting the description of your request.
5
I have refused access to all documents in full, on the basis that these documents are
exempt documents under section 42 (documents subject to legal professional privilege).
6
Under section 42 of the FOI Act, a document is an exempt document if it is of such a
nature that it would be privileged from production in legal proceedings on the ground of legal
professional privilege.
7
The documents you are seeking comprise:
(a)
communications for the dominant purpose of provision of drafting instructions
to the Office of Parliamentary Counsel; and
(b)
communications for the dominant purpose of provision of draft legislation and
legal advice by the Office of parliamentary Counsel to the Attorney-General's
Department.
________________________________________________________________________________________________________________
28 Sydney Avenue Forrest ACT 2603
Locked Bag 30 Kingston ACT 2604 • Telephone (02) 6120 1400 • Fax (02) 6120 1403 • ABN 41 425 630 817
www.opc.gov.au
m22qz100.docx
8
These documents are subject to legal professional privilege. The instructing agency
entitled to claim legal professional privilege in relation to the documents is the Attorney-
General's Department.
9
Given the extent of the redactions that would be required, it is not reasonably
practicable for OPC to prepare edited copies of the documents.
10
I have taken the following material into account in making my decision:
•
the content of the documents that fall within the scope of your request;
•
the FOI Act;
•
the guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act;
Your review rights
11
If you are dissatisfied with my decision, you may apply for internal review or
Information Commissioner review of the decision. We encourage you to seek internal review
as a first step as it may provide a more rapid resolution of your concerns.
Internal review
12
Under section 54 of the FOI Act, you may apply for an internal review of my
decision. Your application must be made within 30 days after the date of this letter.
13
An internal review will be conducted by a different officer. No particular form is
required to apply for review although it will assist your case to set out in the application the
grounds on which you believe that the original decision should be overturned. An application
for a review of the decision should be lodged in one of the following ways:
email:
xxx@xxx.xxx.xx
post: FOI Coordinator, Locked Bag 30, Kingston ACT 2604
14
If you choose to seek an internal review, you will subsequently have a right to apply
for Information Commissioner review of the internal review decision.
Information Commissioner review
15
Under section 54L of the FOI Act, you may apply to the Australian Information
Commissioner to review my decision. An application for review by the Information
Commissioner must be made in writing within 60 days after the date of this letter, and be
lodged in one of the following ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_1
0
email:
xxxxx@xxxx.xxx.xx
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post: GPO Box 5218 Sydney NSW 2001
16
More information about Information Commissioner review is available at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-
commissioner-review/.
FOI Complaints
17
If you are unhappy with the way we have handled your FOI request, please let us
know what we could have done better. We may be able to rectify the problem. If you are not
satisfied with our response, you can make a complaint to the Australian Information
Commissioner. A complaint to the Information Commissioner must be made in writing.
Complaints can be lodged in one of the following ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICCA_
1
email:
xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney 2001
18
More information about complaints is available at
https://www.oaic.gov.au/freedom-
of-information/reviews-and-complaints/make-an-foi-complaint/.
19
If you are not sure whether to lodge an Information Commissioner review or an
Information Commissioner complaint, more information is available at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Yours sincerely
Stephen Campbell
General Manager Corporate
22 April 2022
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Document Outline
