Reference:
FOI 22/123
Contact:
FOI Team
E-mail:
xxx@xxxxxxx.xxx.xx
Karen Reynolds
By email only:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Reynolds
Freedom of Information Request – FOI 22/123
On 17 December 2022, the Department of Finance (Finance) received your letter via email,
in which you sought access under the Commonwealth
Freedom of Information Act 1982
(FOI Act) to the following:
The Hon Scott Morrison, fomerly Prime Minister of Australia, was secretly appointed to administer the
Department of Health on 14 March 2020; the Department of Finance on 30 March 2020; the Department
of Home Affairs on 6 May 2021, the Department of the Treasury on 6 May 2021, and the Department of
Industry, Science, Energy and Resources on 15 April 2021.
I am seeking information that pertains to his possible actions in relation to organisations seeking DGR
recipient status.
Given that Mr Morrison became Treasurer secretly in May of 2021, I am seeking any information in
relation to requests for or approvals by Mr Morrison for DGR status, including any correspondence,
emails, file notes or other correspondence between the 1st of March, 2021 and the date of the election,
2022.
I seek this information especially in relation to the organisations listed here who were approved between
the dates of 6th May, 2021 and the date of the election (link provided for easier searching).
https://abr.business.gov.au/Tools/DgrListing.
The purpose of this letter is to provide you with notice of my decision under the FOI Act.
Authorised decision-maker
I am authorised by the Secretary of Finance to grant or refuse access to documents.
One Canberra Avenue, Forrest ACT 2603 Internet www.finance.gov.au
Decision
Under subparagraph 24A(1)(b)(ii) of the FOI Act, an agency may refuse a request for access
to a document if the agency is satisfied that the document does not exist. In line with this
provision I have decided to refuse your request.
In making my decision, I have had regard to the following:
the terms of your FOI request;
the relevant provisions of the FOI Act; and
the FOI Guidelines issued by the Office of the Australian Information Commissioner
(FOI Guidelines).
Documents do not exist
I have consulted with relevant Senior Executives and have confirmed the Secretary of the
Department at the relevant time, Rosemary Huxtable PSM, and staff of the Department were
not aware the former Prime Minister had been sworn-in to administer the Department of
Finance.
Finance is not responsible for approving DGR recipient status for parliamentarians.
I am satisfied that all reasonable steps have been taken to find any documents that may fall
within scope of your request. As no such documents exist, I have decided to refuse your
request.
Charges
I have decided that a charge is not payable in this matter.
Review and appeal rights
You are entitled to request an internal review or an external review by the Office of the
Australian Information Commissioner (OAIC) of my decision. The process for review and
appeal rights is set out at
Attachment A.
If you have any questions in regards to this request, please contact the FOI Team on the
above contact details.
Yours sincerely,
Kelly Hoffmeister
Assistant Secretary
Corporate Services Division
Department of Finance
13 January 2023
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ATTACHMENT A
Freedom of Information – Your Review Rights
If you disagree with a decision made by the Department of Finance (Finance) or the
Minister for Finance (Minister) under the
Freedom of Information Act 1982 (the FOI Act)
you can have the decision reviewed. You may want to seek review if you sought certain
documents and were not given full access, if you have been informed that there will be a
charge for processing your request, if you have made a contention against the release of
the documents that has not been agreed to by Finance or the Minister, or if your
application to have your personal information amended was not accepted. There are two
ways you can seek a review of our decision: an internal review (IR) by Finance or the
Minister, or an external review (ER) by the Australian Information Commissioner (IC).
Internal Review (IR)
Third parties
If, Finance or the Minister (we/our), makes a
Freedom of Information (FOI) decision that
If you are a third party objecting to a decision
you disagree with, you can seek a review of
to grant someone else access to your
the original decision. The review will carried
information, you must apply to the IC within
out by a different decision maker, usually
30 calendar days of being notified of our
someone at a more senior level.
decision to release your information.
Further assistance is locate
d here.
You must apply for an IR within 30 calendar
days of being notified of the decision or
Do I have to go through the internal
charge, unless we agree to extend your time.
review process?
You should contact us if you wish to seek an
No. You may apply directly to the OAIC for
extension.
an ER by the IC.
We are required to make an IR decision
If I apply for an internal review, do I
within 30 calendar days of receiving your
lose the opportunity to apply for an
application. If we do not make an IR decision
external review?
within this timeframe, then the original
decision stands.
No. You have the same ER rights of our IR
decision as you do with our original decision.
Review by the Australian
This means you can apply for an ER of the
Information Commissioner (IC)
original decision or of the IR decision.
The Office of the Australian Information
Do I have to pay for an internal review
Commissioner (OAIC) is an independent
or external review?
office who can undertake an ER of our
decision under the FOI Act. The IC can
No. Both the IR and ER are free.
review access refusal decisions, access grant
decisions, refusals to extend the period for
applying for an IR, and IR decisions.
If you are objecting to a decision to refuse
access to a document, impose a charge, or a
refusal to amend personal information, you
must apply in writing to the IC within 60
calendar days of receiving our decision.
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How do I apply?
Can I appeal the Information
Commissioner’s external review
Internal review
decision?
To apply for an IR of the decision of either
Yes. You can appeal the Information
Finance or the Minister, you must send your
Commissioner’s ER decision to the
review in writing. We both use the same
Administrative Appeals Tribunal (AAT).
contact details, and you must send your
review request in writing.
There is a fee for lodging an AAT application
(as at 12 October 2022 it is $1,011).
In your written correspondence, please
include the following:
Further information is accessibl
e here.
a statement that you are seeking a review
The AAT’s number is 1800 228 333.
of our decision;
attach a copy of the decision you are
Complaints
seeking a review of; and
state the reasons why you consider the
Making a complaint to the Office of the
original decision maker made the wrong
Australian Information Commissioner
decision.
You may make a written complaint to the
Email: xxx@xxxxxxx.xxx.xx
OAIC about actions taken by us in relation to
your application.
Post: The FOI Coordinator
Legal and Assurance Branch
Further information on lodging a complaint is
Department of Finance
accessible
here.
One Canberra Avenue
FORREST ACT 2603
Investigation by the Commonwealth
Ombudsman
For further assistance contact the FOI team
The Ombudsman can also investigate
(02) 6215 1783.
complaints about action taken by agencies
under the FOI Act. However, if the issue
External review (Information
complained about either could be, or has been,
Commissioner Review)
investigated by the IC, the Ombudsman will
For an ER, you must apply to the OAIC in
consult with the IC to avoid the same matter
writing. The OAIC ask that you commence a
being investigated twice. If the Ombudsman
review by completing their online form
here.
decides not to investigate the complaint, then
they are to transfer all relevant documents and
Your application must include a copy of the
information to the IC.
notice of our decision that you are objecting
to, and your contact details. You should also
The IC can also transfer a complaint to the
set out why you are objecting to the decision.
Ombudsman where appropriate. This could
occur where the FOI complaint is only one
part of a wider grievance about an agency’s
Email: xxxxx@xxxx.xxx.xx
actions. You will be notified in writing if your
Post: Office of the Australian Information
complaint is transferred.
Commissioner
GPO Box 5218
Complaints to the Ombudsman should be
Sydney NSW 2001
made online
here.
The IC’s enquiries phone line is
The Ombudsman’s number is 1300 362 072.
1300 363 992.
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