Our ref:
FOI24/458; CM24/27677
11 October 2024
Mr Ben Fairless
By email: foi+request‐12048‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Fairless
Freedom of Information Request FOI24/458 – 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). Your request was transferred under section 16 of the FOI
Act to the Attorney‐General’s Department (the department).
Your request
On 12 September 2024, you requested access to:
A copy of the TOP SECRET‐Privileged Access Standard.
I understand the document is classified, however this doesn’t automatically preclude access.
I understand that some information might be exempt but I would appreciate the document
being reviewed in its entirety and the document being released with redactions if required.
On 25 September 2024, the Department of Home Affairs wrote to you to advise your request was
transferred under s 16 of the FOI Act to the department for processing.
A decision in relation to your request is due on 14 October 2024.
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 decided to refuse your request as the requested document is exempt from the operation of the FOI
Act. The operation of this exemption is explained further below.
In making my decision regarding access to the relevant document, I have taken the following material into
account:
the terms of your request
the provisions of the FOI Act (specifically s 7(2A)(a)(iv)), and
the FOI guidelines issued by the Australian Information Commissioner (the Guidelines).
Exemption of certain persons or bodies (s 7(2A)(a)(iv))
Section 7(2A)(a)(iv) of the FOI Act provides that:
(2A) An agency is exempt from the operation of this Act in relation to the following documents:
(a) a document (an intelligence agency document) that has originated with, or has been received
from, any of the following:
(iv)
the Office of National Intelligence;
I am satisfied that the document the department may hold that is covered by the terms of your request
falls within the scope of this exemption and are therefore is not subject to 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, please contact Kellie by telephone on (02) 6141 6666 or by email to
xxx@xx.xxx.xx.
Yours sincerely
Jonathan Savery
Acting Assistant Secretary
Security Law and Policy Branch
Attorney‐General's Department
Attorney-General's Department Freedom of Information Request FOI24/458 Decision letter
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Attachment A – Your review rights
If you disagree with my decision, you may ask for an internal review or Information Commissioner review.
We encourage you to seek internal review as a first step as it may provide a more rapid resolution of your
concerns.
Internal review You may apply for an internal review of my decision within 30 days of receiving this letter. Your request for
internal review must be in writing, and should provide reasons why you believe the review is necessary.
You may apply by emailing xxx@xx.xxx.xx or by post to:
Director, Freedom of Information and Privacy Section
Office of Corporate Counsel
Attorney‐General’s Department
3‐5 National Circuit
BARTON ACT 2600
Another officer will make a new decision on your request within 30 days of receiving your request for
internal review. If you are unhappy with the internal review decision, you may ask for an information
Commissioner review.
Information Commissioner review
Information Commissioner review requests must be submitted within 60 days of receiving this letter. Your
request should include your contact details, a copy of my decision, and the reasons why you disagree with
my decision. You can apply in one of the following ways:
Online: https://webform.oaic.gov.au/prod?entitytype=ICRequest&layoutcode=ICRequestWF
Email: xxxxx@xxxx.xxx.xx
Mail: Director of FOI Dispute Resolution, GPO Box 5288, Sydney NSW 2001.
More information about Information Commissioner review is available at:
https://www.oaic.gov.au/freedom‐of‐information/your‐freedom‐of‐information‐rights/freedom‐of‐
information‐reviews/information‐commissioner‐review
FOI Complaints If you are concerned about how we handled your FOI request, please let us know what we could have done
better, as we may be able to rectify the situation. If you are not satisfied with our response, you can make a
complaint to the Information Commissioner. Your complaint must be in writing, and can be lodged in one
of the following ways:
Online: https://webform.oaic.gov.au/prod?entitytype=Complaint&layoutcode=FOIComplaintWF
Email: xxxxx@xxxx.xxx.xx
Mail: Director of FOI Dispute Resolution, GPO Box 5288, Sydney NSW 2001.
More information about Freedom of Information complaints is available at:
https://www.oaic.gov.au/freedom‐of‐information/your‐freedom‐of‐information‐rights/freedom‐of‐
information‐complaints
Attorney-General's Department Freedom of Information Request FOI24/458 Decision letter
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