Estimates briefing packs – COO
Dear Leslie McDonald and the ANU FOI Team,
I would like to request a copy of the following documents under FOI laws:
All briefing packs prepared for the Vice Chancellor's attendance at Senate Estimates where the ANU was present.
I note that in response to a similar FOI Request (#202500033) a decision was made to exempt material on the basis of S46(c) (parliamentary priviledge). I would remind the FOI team that this is contrary to the OAIC guidelines. At clause 5.224, these guidelines state that "Disclosure of briefings to assist ministers in Parliament — namely, question time briefs or possible parliamentary questions — would not ordinarily be expected to breach a privilege of Parliament. A document of this kind, while prepared for a minister to assist them respond to potential questions raised in Parliament, is nevertheless an executive document. Unless some clear prejudice to parliamentary proceedings can be demonstrated, s 46(c) should not be claimed for briefings of this kind." In other words, S46(c) exempts documents actually presented to parliament, not ones that theoretically could've been presented.
I would also note that other Commonwealth bodies routinely release such material under FOI. To give an example more-or-less at random, please see https://www.health.gov.au/resources/foi-...
Yours faithfully,
Bruce Phillip Jost
Good morning
On 14 May 2025, the Australian National University (the University)
received your request for access to documents under the Freedom of
Information Act 1982 (the FOI Act).
The University has taken your request to be as follows:
All briefing packs prepared for the Vice Chancellor's attendance at Senate
Estimates where the ANU was present.
Your request has been assigned the case number 202500084.
Processing Timeframe
The statutory time frame for processing your request is 30 calendar days
from day after the date your request was received by the University. You
should therefore expect a decision from us by 13 June 2025.
This period of 30 days may be extended if we need to consult third
parties, impose a charge or for other reasons. We will advise you in
writing if this happens.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact. If you have
any questions regarding your request, please feel free to contact the FOI
Team via the functional email [1][ANU request email].
The FOI Team’s workload is currently at very high levels due the
unprecedented volume of FOI requests. We are using our best endeavors to
process all requests expeditiously however there may be some slippage due
to the current workload. We will keep in touch with you and advise if
there are any significant delays, and, will, if necessary, seek extensions
as permitted by the Act.
Yours sincerely,
FOI Team
Scholarly Information Services
The Australian National University
Email: [2][ANU request email]
Web: [3]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
References
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1. mailto:[ANU request email]
2. mailto:[ANU request email]
mailto:[ANU request email]
3. https://www.anu.edu.au/freedom-of-inform...
https://www.anu.edu.au/freedom-of-inform...
Dear Freedom of Information team,
Thank you for your reply. I trust that you will action the request with respect to the OAIC guidelines cited in my initial email, and the precedent set by the APS that these document packs are not subject to parliamentary privilege.
Yours sincerely,
Bruce Phillip Jost
Dear applicant,
Please find attached correspondence related to your FOI Request 202500084.
Regards,
ANU Freedom Of Information Unit
E: [1][ANU request email]
Web: [2]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
References
Visible links
1. mailto:[ANU request email]
2. https://www.anu.edu.au/freedom-of-inform...
https://www.anu.edu.au/freedom-of-inform...
Dear Bruce Jost,
Your Freedom of Information Request has now been finalised.
Attached, please find correspondence regarding your request.
Kind regards
FOI Team
Scholarly Information Services
The Australian National University
Email: [1][ANU request email]
Web [2]http://universityrecords.anu.edu.au/
CRICOS Provider #00120C
References
Visible links
1. mailto:[ANU request email]
2. http://universityrecords.anu.edu.au/