ATTACHMENT A
From:
C Drake
To:
FOI Requests
Subject:
Freedom of Information request - Proof of section 45 applicability used to refuse my FoI requets
Date:
Saturday, 28 January 2023 1:23:58 AM
Dear Department of Finance,
Please disclose document(s) proving that on or before I made the first of my earlier FoI requests to your
department, that all six (each item in (numbered) parentheses below) the following applied:
[5.159] To found an action for breach of confidence (which means section 45 would apply), the following five
criteria must be satisfied in relation to the information:
• it must be specifically identified
(1) documents "specifically identifying" that the name of domains are confidential
• it must have the necessary quality of confidentiality
(2) documents proving the necessity that names of domains are confidential (keeping in mind that these are
published on the public internet's DNS, whois, and other systems)
• it must have been communicated and received on the basis of a mutual understanding of confidence
(3) proof that there was an understanding of confidence in place at the time I made my FoI request, AND that it
was mutual.
• it must have been disclosed or threatened to be disclosed, without authority
(4) proof that the above confidentiality criteria has been met.
• unauthorised disclosure of the information has or will cause detriment.
(5) documents proving that disclosure will cause detriment, even though (in this instance) it will be authorised
(under the FoI act itself).
(6) Keeping in mind that I am requesting this information from your department, please provide documents
identifying (by name or alternatively by role/position and organisation) the "person (other than an agency or the
Commonwealth)" who would be found in "breach of confidence.", as per the wording of the act - which is:-
"A document is an exempt document if its disclosure under this Act would found an action, by a person (other
than an agency or the Commonwealth), for breach of confidence."
If any of the above do not exist or cannot be found, I will in the alternative accept the list of domains instead, as
I originally requested in my prior FoI applications.
I am requesting the above information for the purposes of proposing FoI law amendments to prevent future
public access to outsourced documents from being refused.
Yours faithfully,
C Drake
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