Our ref:
FOI22/346; CM22/78
23 January 2023
Not Rex Patrick
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Applicant
Freedom of Information Request FOI22/346 – Decision letter
The purpose of this letter is to give you a decision about your request for access to documents under the
Freedom of Information Act 1982 (the FOI Act) which you submitted to the Attorney-General’s Department
(the department).
Your request
On 9 December 2022, you submitted the fol owing FOI request to the Attorney-General:
Consistent with the Freedom of Information Act 1982, I am seeking all letters between the Cabinet
Secretary and the Attorney-General held by the Attorney-General's Department.
On 20 December 2022, the department acknowledged your request.
On 6 January 2023, the department sent you a notice to practical y refuse your request as the request in its
original form would substantially and unreasonably divert the resources of the department. The
department invited you to revise or withdraw your request.
On 19 January 2023, you wrote to the department revising your FOI request to:
Consistent with the Freedom of Information Act 1982, I am seeking all letters between the Cabinet
Secretary and the Attorney-General held by the Attorney-General's Department. The timeframe for
this request is between 23rd May 2022 and 9th December 2022.
The department determined it was able to process your request in these terms. A decision in relation this
request is due on 23 January 2023.
My decision
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to freedom of
information requests made to the department.
I have identified 2 documents that fal within the scope of your request. I did this by making inquiries of
staff likely to be able to identify relevant documents and arranging for comprehensive searches of relevant
departmental electronic and hard copy holdings.
In making my decision regarding access to the relevant documents, I have taken the following material into
account:
• the terms of your request
• the content of the documents identified as within scope of your request
• the provisions of the FOI Act, and
• the FOI Guidelines issued by the Australian Information Commissioner (the Guidelines).
I have decided to refuse access to 2 documents.
Statement of reasons
This document provides information about the reasons I have decided not to disclose certain material to
you in response to your request for documents under the
FOI Act.
Exemptions
An agency or minister is not required to give access to a document or part of a document that is exempt
from disclosure under Division 2 of Part IV of the FOI Act
. Exempt documents in Division 2 of Part IV include
Cabinet documents (section 34).
These exemptions are not subject to an overriding public interest test. Accordingly, where a document
meets the criteria to establish a particular exemption, it is exempt and the decision-maker is not required
to weigh competing public interests to determine if the document should be released.
Section 34: Cabinet documents
Section 34 of the FOI Act states that:
(1) A document is an exempt document if:
(a) both of the fol owing are satisfied:
(i) it has been submitted to the Cabinet for its consideration, or is or was
proposed by a Minister to be so submitted;
(i ) it was brought into existence for the dominant purpose of submission for
consideration by the Cabinet; or
(b) it is an official record of the Cabinet; or
(c) it was brought into existence for the dominant purpose of briefing a Minister
on a document to which paragraph (a) applies; or
(d) it is a draft of a document to which paragraph (a), (b) or (c) applies.
(2) A document is an exempt document to the extent that it is a copy or part of, or
contains an extract from, a document to which subsection (1) applies.
(3) A document is an exempt document to the extent that it contains information the
disclosure of which would reveal a Cabinet deliberation or decision, unless the existence of the
deliberation or decision has been officially disclosed.
Section 34(3) provides an exemption for documents that refer to a Cabinet meeting date or Cabinet
document reference number contains an extract from a Cabinet document. As noted at paragraph 5.72 of
the FOI Guidelines, although such information is general y not sensitive, s 34 does not require that the
decision-maker be satisfied that disclosure would cause damage. It is enough that the document in
question quotes any information from a document described in s 34(1).
Freedom of Information request FOI22/346 – Decision letter Page 2 of 4

Based on my assessment of the relevant documents, I am satisfied that the content of the 2 relevant
documents would reveal a Cabinet deliberation or decision which has not been officially disclosed.
Accordingly, I have decided that this information is exempt pursuant to subsection 34(3) of the FOI Act.
Additional information
Your review rights under the FOI Act are set out at
Attachment A to this letter.
Questions about this decision
If you wish to discuss this decision, the FOI case officer for this matter is xxxxxx, who can be reached on
(02) 6141 6666 or by email to
xxx@xx.xxx.xx.
Yours sincerely
Dana Nipperess
Acting Director
Freedom of Information and Privacy Section
Attachments
Attachment A:
Review rights
Freedom of Information request FOI22/346 – Decision letter Page 3 of 4
Attachment A - FOI Review rights
If you are dissatisfied with the decision of the Attorney-General’s Department (the department), you may
apply for internal review or Information Commissioner review of the decision.
The department encourages applicants to consider seeking internal review as a first step as it may provide
a more rapid resolution of your concerns.
Internal review
Under s 54 of the
Freedom of Information Act 1982 (FOI Act), applications for internal review must be made
in writing within 30 days of the date of the decision letter, and be lodged in one of the fol owing ways:
email:
xxx@xx.xxx.xx
post: Freedom of Information and Privacy Section
Strategy and Governance Branch
Attorney-General’s Department
3-5 National Circuit BARTON ACT 2600
An officer of the department other than the officer who made the original decision will complete the
internal review within 30 days of receipt of your request.
Providing reasons you believe internal review of the decision is necessary will facilitate the completion of
the internal review.
Information Commissioner review
Under s 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 of the date of the decision letter, and be lodged in one of the fol owing ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_10
email:
xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney NSW 2001
More information about Information Commissioner review is available on the Office of the Australian
Information Commissioner website at
https://www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/information-commissioner-review/.
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