Our ref:
FOI24/512; CM24/28894
17 December 2024
Tyler
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Tyler
Freedom of Information Request FOI24/512 – 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) which you submitted to the Attorney-General's Department
(the department).
Your request
On 18 October 2024, you requested access to:
- documents that were submitted to the Governor-General for approval of appointment of Mr Justin
Gleeson SC as Acting Solicitor-General in 2012 and as Solicitor-General in 2013;
- documents indicating the Governor-General's approval of the above appointments.
On 7 November 2024, the department acknowledged your request, sought a 30-day extension of time
under section 15AA of the FOI Act to process your request, and sought your agreement to exclude certain
material from your request. You responded the same day agreeing to the department’s extension of time
request.
A decision in relation to your request is due on 17 December 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 identified two documents that fal within the scope of your request. I did this by making inquiries of
staff likely to be able to identify relevant documents and arranging for comprehensive searches of relevant
departmental electronic and hard copy holdings.
In making my decision regarding access to the relevant documents, I have taken the fol owing material into
account:
the terms of your request
the content of the documents identified as within scope of your request
the provisions of the FOI Act and,
the Guidelines issued by the Australian Information Commissioner under s 93A of the FOI Act (the
Guidelines).
I have decided to grant access to one document in full and one document in part with deletion of material
which is exempt pursuant to s 47F of the FOI Act.
Additional information
Your review rights under the FOI Act are set out at Attachment A to this letter.
The statement of reasons at Attachment B sets out the reasons for my decision to refuse access to certain
material to which you have requested access.
The documents to which I have decided to grant full or partial access under the FOI Act are at
Attachment C.
Questions about this decision
If you wish to discuss this decision, the FOI case officer for this matter is Rachel, who can be reached on
(02) 6141 6666 or by email to xxx@xx.xxx.xx.
Yours sincerely
Phillip Ng
Assistant Secretary
Office of Legal Services Coordination Branch
Attachments
Attachment A:
Review rights
Attachment B: Statement of reasons
Attachment C: Documents
Attorney-General's Department Freedom of Information Request FOI24/512 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: OAIC Web Form
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: OAIC Web Form
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 FOI24/512 Decision letter
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Attachment B – Statement of reasons – FOI24/512
Public interest conditional exemptions
An agency or minister can refuse access to a document or part of a document that is conditionally
exempt from disclosure under Division 3 of Part IV of the FOI Act
. The document for your request
which is conditionally exempt under Division 3 relates to personal privacy (s 47F).
Where a document is assessed as conditional y exempt, it is only exempt from disclosure if
disclosure would, on balance, be contrary to the public interest. The public interest test is weighted
in favour of giving access to documents so that the public interest in disclosure remains at the
forefront of decision making. My reasoning in regard to the public interest factors are set out below.
A single public interest test applies to each conditional exemption. This public interest test
includes certain factors that
must be taken into account where relevant, and other factors which
must not be taken into account. My reasoning in regard to the public interest factors are set out
below.
Section 47F: Public interest conditional exemption—personal privacy
Section 47F(1) of the FOI Act provides that a document is conditional y exempt if its disclosure would
involve the unreasonable disclosure of personal information about any person. For the purposes of
the FOI Act, personal information is defined as: information or an opinion about an identified
individual, or an individual who is reasonably identifiable whether the information or opinion is true
or not; and whether the information or opinion is recorded in a material form or not.
In deciding whether to conditional y exempt the personal information described above, I had regard
to the ‘unreasonableness’ threshold test outlined in paragraph 6.127 of the Guidelines. I also had
regard to the factors set out in s 47F(2) of the FOI
Act:
(a) the extent to which the information is well known;
(b) whether the people to whom the information relates are known to be (or to have been)
associated with the matters dealt with in the document;
(c) the availability of the information from publicly accessible sources;
(d) any other matters that the agency considers relevant.
Document one contains personal information which is not readily publicly available through online
searches, specifically the middle names of third parties and the signature of the Secretary to the
Federal Executive Council.
I am satisfied that the personal information about the relevant private individuals is not otherwise
publicly available and disclosure of this information would be unreasonable as it could be used for
improper purposes including identity theft. I am satisfied that the parties involved may reasonably
object to the release of their personal information.
Attorney-General's Department Freedom of Information Request FOI24/512 Decision letter
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The FOI Act does not control or restrict the subsequent use or dissemination of information
disclosed. Hence, I consider that disclosure could reasonably be expected to cause distress and harm
to the person concerned.
Section 11A(5): Public interest test
Access to a conditional y exempt document must general y be given unless doing so would be
contrary to the public interest. The Guidelines issued by the OAIC provide at paragraph 6.5 that the
public interest test is considered to be:
• something that is of serious concern or benefit to the public, not merely of individual
interest,
• not something of interest to the public, but in the interest of the public,
• not a static concept, where it lies in a particular matter will often depend on a balancing of
interests,
• necessarily broad and non-specific, and
• related to matters of common concern or relevance to al members of the public, or a
substantial section of the public.
In deciding whether to disclose conditionally exempt material, I have considered the factors
favouring access set out in s 11B(3) of the FOI Act. I have not taken into account the irrelevant
factors listed under s 11B(4) of the FOI Act.
Of the factors favouring disclosure, I consider that release of the conditionally exempt material
identified for your request would promote the objects of the FOI Act, including by allowing a person
to access his or her personal information.
The FOI Act does not list any specific factors weighing against disclosure. However, I have considered
the non-exhaustive list of factors against disclosure in the Guidelines as well as the particular
circumstances relevant to the conditionally exempt material.
I consider the release of the conditionally exempt material could, as the case may be, reasonably be
expected to prejudice the protection of an individual’s right to privacy, and the interests of an
individual.
On balance, I consider the factors against disclosure outweigh the factors favouring access and that
providing access to the conditionally exempt material identified for your request would be contrary
to the public interest.
Attorney-General's Department Freedom of Information Request FOI24/512 Decision letter
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