FOI 2023 150 Documents released under FOI Act.pdf

Document 2
From:
s 22(1)(a)(ii)
To:
Reid, John
Subject:
letter [SEC=OFFICIAL:Sensitive]
Date:
Tuesday, 13 September 2022 8:01:16 PM
OFFICIAL: Sensitive
Thank you for your letter, received on 31 August 2022, seeking my advice under the Code of
Conduct for Ministers in relation to a request from the Hon Mark Dreyfus KC MP,
Attorney‑General and Cabinet Secretary.

Document 3
From:
xxxxxxx@xxx.xxx.xx
To:
xxxx.xxxx@xxx.xxx.xx
Subject:
PDMS Notification - Record Assigned : EC22-000270 : ADVICE UNDER THE CODE OF CONDUCT FOR MINISTERS - DREYFUS
[SEC=PROTECTED,DLM=Sensitive:Personal]
Date:
Tuesday, 13 September 2022 8:44:12 PM
SEC=PROTECTED,DLM=Sensitive:Personal
s 22(1)(a)(ii)
has assigned EC22-000270 to John Reid. This record can be actioned via the following link:
EC22-000270
Record details
*please note if any of the below fields are empty, the associated field is not populated on the record.
PDR Subject
ADVICE UNDER THE CODE OF CONDUCT FOR MINISTERS - DREYFUS
Processing Instructions
Category
Correspondent
Milestones
Due for Clearance: 5/10/2022 10:00:37 AM
Due to Parliamentary:
Status
Awaiting Clearance
For help, contact the PDMS Helpdesk at s
pmc.gov.au
47E(d)
or on (02) s 47E(d)
To register for a PDMS training session please email s
pmc.gov.au
47E(d)
(individual or group sessions are
available).
Note: Please do not reply to this message.
SEC=PROTECTED,DLM=Sensitive:Personal

Document 5
From:
xxxxxxx@xxx.xxx.xx
To:
xxxx.xxxx@xxx.xxx.xx
Subject:
PDMS Notification - Record Assigned : EC22-000270 : ADVICE UNDER THE CODE OF CONDUCT FOR MINISTERS - DREYFUS
[SEC=PROTECTED,DLM=Sensitive:Personal]
Date:
Wednesday, 14 September 2022 4:02:16 PM
SEC=PROTECTED,DLM=Sensitive:Personal
s 22(1)(a)(ii)
has assigned EC22-000270 to John Reid. This record can be actioned via the following link:
EC22-000270
Record details
*please note if any of the below fields are empty, the associated field is not populated on the record.
PDR Subject
ADVICE UNDER THE CODE OF CONDUCT FOR MINISTERS - DREYFUS
Processing Instructions
Category
Correspondent
Milestones
Due for Clearance: 5/10/2022 10:00:37 AM
Due to Parliamentary:
Status
Awaiting Clearance
For help, contact the PDMS Helpdesk at s
pmc.gov.au
47E(d)
or on (02) s 47E(d)
To register for a PDMS training session please email s
pmc.gov.au
47E(d)
(individual or group sessions are
available).
Note: Please do not reply to this message.
SEC=PROTECTED,DLM=Sensitive:Personal

Document 7
From:
xxxxxxx@xxx.xxx.xx
To:
xxxx.xxxx@xxx.xxx.xx
Subject:
PDMS Notification - Record Assigned : EC22-000270 : ADVICE UNDER THE CODE OF CONDUCT FOR MINISTERS - DREYFUS
[SEC=PROTECTED,DLM=Sensitive:Personal]
Date:
Wednesday, 14 September 2022 5:08:15 PM
SEC=PROTECTED,DLM=Sensitive:Personal
s 22(1)(a)(ii)
has assigned EC22-000270 to John Reid. This record can be actioned via the following link:
EC22-000270
Record details
*please note if any of the below fields are empty, the associated field is not populated on the record.
PDR Subject
ADVICE UNDER THE CODE OF CONDUCT FOR MINISTERS - DREYFUS
Processing Instructions
Category
Correspondent
Milestones
Due for Clearance: 5/10/2022 10:00:37 AM
Due to Parliamentary:
Status
Awaiting Clearance
For help, contact the PDMS Helpdesk at s
pmc.gov.au
47E(d)
or on (02) s 47E(d)
To register for a PDMS training session please email s
pmc.gov.au
47E(d)
(individual or group sessions are
available).
Note: Please do not reply to this message.
SEC=PROTECTED,DLM=Sensitive:Personal

Document 8
From:
s 22(1)(a)(ii)
To:
Foster, Stephanie
Subject:
Ministerial interest letters [SEC=PROTECTED, ACCESS=Personal-Privacy]
Date:
Wednesday 14 September 2022 11:44:27 AM
Attachments:
s 22(1)(a)(ii)
EC22-000270 - combined.pdf
s 22(1)(a)(ii)
PROTECTED
Personal privacy
Hi Stephanie

s 22(1)(a)(ii)
briefs attached.
thank you
s 22(1)
(a)(ii)

s 22(1)(a)(ii)
| Executive Officer to Stephanie Foster PSM
p. (02) s 22(1)(a)(ii) | m. +61 s 22(1)(a)(ii)

Document 10
From:
Rush, Peter
To:
s 22(1)(a)( i)
Cc:
Reid, John; F eld, Autumn; s 22(1)(a)(ii)
Subject:
RE: SEQoNs for drafting and clearance COB 28 November 2022 [SEC=OFFICIAL]
Date:
Friday, 18 November 2022 5:50:18 PM
Attachments:
image006 png
image010.png
image003.png
OFFICIAL
Assignments confirmed, thanks s 22(1)

Froms 22(1)(a)(ii)
<
s 22(1)(a)(ii)
>
Sent: Friday, 18 November 2022 5:00 PM
To: Rush, Peter <Peter Rush@pmc gov au>
Cc: Reid, John <John Reid@pmc gov au>; Field, Autumn <Autumn Field@pmc gov au>; s 22(1)(a)(ii)
s 22(1)(a)(ii)
>
Subject: FW: SEQoNs for drafting and clearance COB 28 November 2022 [SEC=OFFICIAL]

OFFICIAL
Hi Rush,

We ve just been assigned the SE QoNs

Grateful if you can look below and confirm to assign to those teams before I send them out

Thanks!

s 22(1)(a)(ii)  | Executive Assistant to
Autumn Field | Assistant Secretary | Legal Policy Branch
Peter Rush | Assistant Secretary | Parliamentary and Government Branch
Department of the Prime Minister and Cabinet
02 s 22(1)(a)(ii)  (Extensions 22(1)(a
Ngunnawal Country, One National Circuit  Barton  ACT  2600  |  PO Box 6500  CANBERRA  ACT  2600
e
s 22(1)(a)(ii)
w  pmc gov au
The Department acknowledges and pays respect to the past  present and emerging Elders and
Traditional Custodians of Country  and the continuation of cultural  spiritual and educational
practices of Aboriginal and Torres Strait Islander peoples.

From: Parliamentary <
@pmc gov au>
s 47E(d)
Sent: Friday, 18 November 2022 4:53 PM
To: s 22(1)(a)(ii)  <
s 22(1)(a)(ii)
; s 22(1)(a)(ii)  <
s 22(1)(a)(ii)
>
Cc: Parliamentary <
@pmc gov au>
s 47E(d)
Subject: SEQoNs for drafting and clearance COB 28 November 2022 [SEC=OFFICIAL]

OFFICIAL
Good afternoon

The below SEQONs have been assigned to Government Division in PDMS for drafting

PDR Link
Subject
Assign to:
s 22(1)(a)(ii)
SQ22-000080
0031 - Code of Conduct for Ministers - funds and trusts
Gov section
SQ22-000081
0032 - Code of Conduct for Ministers - definition of 'significant extent'
Gov section
s 22(1)(a)(ii)

Please clear back to Parl Coord by COB 28 November 2022.

Kind regards

s 22(1)(a)(ii) | Adviser  Parliamentary Support Unit
Department of the Prime Minister and Cabinet
p. (02) s 22(1)(a)(ii)
Ngunnawal Country  One National Circuit  Barton  ACT  2600  |  PO Box 6500  CANBERRA  ACT  2600
e.
s 22(1)(a)(ii)
  w. pmc.gov.au
The Department acknowledges and pays respect to the past  present and emerging Elders and
Traditional Custodians of Country  and the continuation of cultural  spiritual and educational
practices of Aboriginal and Torres Strait Islander peoples.

Document 13
From:
xxxxxxx@xxx.xxx.xx
To:
xxxx.xxxx@xxx.xxx.xx
Subject:
PDMS Notification - Record Assigned : SQ22-000081 : 0032 - Code of Conduct for Ministers - definition of "significant extent"
[SEC=OFFICIAL]
Date:
Thursday, 24 November 2022 3:48:45 PM
SEC=OFFICIAL
s 22(1)(a)(ii) has assigned SQ22-000081 to John Reid. This record can be actioned via the following link:
SQ22-000081
Record details
*please note if any of the below fields are empty, the associated field is not populated on the record.
PDR Subject
0032 - Code of Conduct for Ministers - definition of 'significant extent'
Hi JR, s 22(1)(a)(ii) said to assign this one to you for processing. It is due back to Parl
Processing Instructions
Coord by COB 28 November 2022. E
Category
Correspondent
Milestones
Due for Clearance: 28/11/2022 5:00:00 PM
Due to Parliamentary: 1/12/2022 5:00:00 PM
Status
Draft
For help, contact the PDMS Helpdesk at s
pmc.gov.au
47E(d)
or on (02) s 47E(d)
To register for PDMS training please visit https://pmc.acornlms.com.au/view_facetoface/812
Note: Please do not reply to this message.
SEC=OFFICIAL

Document 15
From:
xxxxxxx@xxx.xxx.xx
To:
xxxx.xxxx@xxx.xxx.xx
Subject:
PDMS Notification - Record Assigned : SQ22-000080 : 0031 - Code of Conduct for Ministers - funds and trusts [SEC=OFFICIAL]
Date:
Monday, 28 November 2022 12:25:25 PM
SEC=OFFICIAL
s 22(1)(a)(ii)
has assigned SQ22-000080 to John Reid. This record can be actioned via the following link:
SQ22-000080
Record details
*please note if any of the below fields are empty, the associated field is not populated on the record.
PDR Subject
0031 - Code of Conduct for Ministers - funds and trusts
Processing Instructions
Can we pls discuss this one?
Category
Correspondent
Milestones
Due for Clearance: 28/11/2022 5:00:00 PM
Due to Parliamentary: 1/12/2022 5:00:00 PM
Status
Draft
For help, contact the PDMS Helpdesk at s
pmc.gov.au
47E(d)
or on (02) s 47E(d)
To register for PDMS training please visit https://pmc.acornlms.com.au/view_facetoface/812
Note: Please do not reply to this message.
SEC=OFFICIAL

Document 16
From:
s 22(1)(a)(ii)
To:
Reid  John
Subject:
FW: SEQoNs for drafting and clearance COB 28 November 2022 [SEC=OFFICIAL]
Date:
Wednesday, 30 November 2022 3:40:26 PM
Attachments:
image004.png
OFFICIAL
Hey,

Update on QoNs green are with Parl Coord and yellow are going back to DW this arvo.
s 22(1)(a)(ii)

With you
s 22(1)(a)(ii)
SQ22-000080
SQ22-000081
s 22(1)(a)(ii)

s 22(1)(a

s 22(1)(a)(ii) | Executive Assistant to John Reid PSM
First Assistant Secretary, Government Division
Department of the Prime Minister and Cabinet
p. +61 2 s 22(1)(a)(ii)   |e.
s 22(1)(a)(ii)
| w. www.pmc.gov.au
Ngunnawal Country, One National Circuit  Barton  ACT  2600  |  PO Box 6500  CANBERRA  ACT  2600
The Department acknowledges and pays respect to the past, present and emerging Elders and
Traditional Custodians of Country, and the continuation of cultural, spiritual and educational
practices of Aboriginal and Torres Strait Islander peoples

From: Parliamentary < s 47E(d)  @pmc.gov.au>
Sent: Friday, 18 November 2022 4:53 PM
To: s 22(1)(a)(ii) <
s 22(1)(a)(ii)
>; s 22(1)(a)(ii) <
s 22(1)(a)(ii)
>
Cc: Parliamentary < s 47E(d)  @pmc.gov.au>
Subject: SEQoNs for drafting and clearance COB 28 November 2022 [SEC=OFFICIAL]

OFFICIAL
Good afternoon

The below SEQONs have been assigned to Government Division in PDMS for drafting.

PDR Link
Subject
s 22(1)(a)(ii)
SQ22-000080
0031 - Code of Conduct for Ministers - funds and trusts
SQ22-000081
0032 - Code of Conduct for Ministers - definition of 'significant extent'
s 22(1)(a)(ii)

s 22(1)(a)(ii)

Please clear back to Parl Coord by COB 28 November 2022.

Kind regards,

s 22(1)(a)  | Adviser, Parliamentary Support Unit
Department
(ii)
of the Prime Minister and Cabinet
p. (02)  s 22(1)
Ngunnawal Country, One National Circuit  Barton  ACT  2600  |  PO Box 6500  CANBERRA  ACT  2600
e.
s 22(1)(a)(ii)
  w. pmc.gov.au
The Department acknowledges and pays respect to the past, present and emerging Elders and
Traditional Custodians of Country, and the continuation of cultural, spiritual and educational
practices of Aboriginal and Torres Strait Islander peoples

Document 18
From:
Parliamentary
To:
Easton  Deanna; s 22(1)(a)(ii)
Cc:
Parliamentary
Subject:
FOR SECRETARY CLEARANCE: 2 x SEQoNs - Budget Estimates 2022-23 [SEC=OFFICIAL]
Date:
Thursday, 22 December 2022 4:52:23 PM
Attachments:
image002.png
SEQoN 0031 - Code of Conduct for Ministers - funds and trusts.pdf
SEQoN 0032 - Code of Conduct for Ministers - definition of "significant extent".pdf
OFFICIAL
Good afternoon Deanna and s 22(1)(

There are a further 2 SEQoNs ready for Secretary clearance:

Responsible Area
Subject
Government Division
0031 - Code of Conduct for Ministers - funds and trusts
Government Division
0032 - Code of Conduct for Ministers - definition of 'significant extent'

PDF copies are attached for clearance, as discussed this morning.

s 22(1)(a)(ii)
Please be in touch if you have any queries.

Kind regards
s 22(

s 22(1)(a)(ii)  | Adviser, Parliamentary Support Unit
Department of the Prime Minister and Cabinet
ph: (02)  s 22(1)(a)     email:
s 22(1)(a)(ii)
  web: pmc.gov.au
Ngunawal Country, One National Circuit
(ii)
  Barton  ACT  2600  |  PO Box 6500  CANBERRA  ACT  2600

The Department acknowledges and pays respect to the past, present and emerging Elders and
Traditional Custodians of Country, and the continuation of cultural, spiritual and educational
practices of Aboriginal and Torres Strait Islander peoples.

SQ22-000080
Senate Finance and Public Administration Legislation Committee
ANSWERS TO QUESTIONS ON NOTICE
Budget Estimates 2022 - 2023

Prime Minister and Cabinet Portfolio

Department/Agency: Department of the Prime Minister and Cabinet
Outcome/Program Group: Prime Minister and Cabinet
Topic: Code of Conduct for Ministers - funds and trusts

Senator: The Hon Simon Birmingham
Question reference number: 0031
Type of question: Hansard page 37, 28 October 2022
Date set by the committee for the return of answer: 16 December 2022

Number of pages: 1

Question:
Senator BIRMINGHAM: [...] I want to go to some of the detail within the code,
first and foremost. Part 3.11, part (ii), states that a minister is able to hold a fund or
trust under the code, as long as:
The fund or trust does not invest to any significant extent in a business sector that
could give rise to a conflict of interest with the Minister's public duty.
What is the department's understanding of what a 'significant extent' entails?
[...]
Senator BIRMINGHAM:  [...] In the secretary forming the opinion which was
stressed in the letter from the secretary to the Prime Minister on 15 September—that's
the correct date for the transmission of that advice about Mr Dreyfus's matter, isn't
it?—
Mr Reid:  That's right.
Senator BIRMINGHAM:  informing that advice around what a 'significant extent'
entails, how did the secretary reach that conclusion?
Mr Reid:  Sorry, I don't quite follow you.
Senator BIRMINGHAM:  What advice or inputs did the secretary seek or evidence
or precedents did he consider to form the view that a 'significant extent' constituted a
majority?
Mr Reid:  I'd need to take that on notice and discuss with the secretary any particular
things that aren't in his letter that was released.

Answer:

The Secretary of the Department of the Prime Minister and Cabinet formed his own
view on the phrase ‘significant extent’ based on his reading of the Code of Conduct
for Ministers, and his understanding of the intention of the Code. He did not seek
external advice in the development and preparation of his advice on that matter.

SQ22-000081
Senate Finance and Public Administration Legislation Committee
ANSWERS TO QUESTIONS ON NOTICE
Budget Estimates 2022 - 2023

Prime Minister and Cabinet Portfolio

Department/Agency: Department of the Prime Minister and Cabinet
Outcome/Program Group: Prime Minister and Cabinet
Topic: Code of Conduct for Ministers - definition of 'significant extent'

Senator: The Hon Simon Birmingham
Question reference number: 0032
Type of question: Hansard page 38, 28 October 2022
Date set by the committee for the return of answer: 16 December 2022

Number of pages: 1

Question:
Senator BIRMINGHAM:  I'll finish with one, if I can, then, Chair. Mr Reid, is there
any evidence or research you can cite that you relied upon for the definition that you
and the secretary provided to the Prime Minister about what constitutes a ‘significant
extent’?
Senator Wong:  The definition you're referencing there is 'majority'.
Senator BIRMINGHAM:  Yes.
Mr Reid:  I'll take that on notice.

Answer:

No.

Document 19
From:
s 22(1)(a)(ii)
To:
Parliamentary; Easton  Deanna
Subject:
RE: FOR SECRETARY CLEARANCE: 2 x SEQoNs - Budget Estimates 2022-23 [SEC=OFFICIAL]
Date:
Friday, 23 December 2022 9:14:33 AM
Attachments:
image003.png
OFFICIAL
Thanks s 22(

The Secretary has cleared the below 2 SEQoNs. Happy for you to progress.

s 22(1)(a)(ii)

Thanks
s 22(1

From: Parliamentary < s 47E(d)  @pmc.gov.au>
Sent: Thursday, 22 December 2022 4:52 PM
To: Easton, Deanna <xxxxxx.xxxxxx@xxx.xxx.xx>;  s 22(1)(a)(ii)
s 22(1)(a)(ii)
>
Cc: Parliamentary < s 47E(d)  @pmc.gov.au>
Subject: FOR SECRETARY CLEARANCE: 2 x SEQoNs - Budget Estimates 2022-23 [SEC=OFFICIAL]

OFFICIAL
Good afternoon Deanna s 22(1)(a)(ii),

There are a further 2 SEQoNs ready for Secretary clearance:

Responsible Area
Subject
Government Division
0031 - Code of Conduct for Ministers - funds and trusts
Government Division
0032 - Code of Conduct for Ministers - definition of 'significant extent'

PDF copies are attached for clearance, as discussed this morning.

s 22(1)(a)(ii)
Please be in touch if you have any queries.

Kind regards
s 22(

s 22(1)(a)(ii)  | Adviser, Parliamentary Support Unit
Department of the Prime Minister and Cabinet
ph: (02)  s 22(1)(a)     email:
s 22(1)(a)(ii)
  web: pmc.gov.au
Ngunawal Country, One National Circuit
(ii)
  Barton  ACT  2600  |  PO Box 6500  CANBERRA  ACT  2600

The Department acknowledges and pays respect to the past, present and emerging Elders and
Traditional Custodians of Country, and the continuation of cultural, spiritual and educational
practices of Aboriginal and Torres Strait Islander peoples.