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Freedom of Information (FOI) request
Notice of Decision
Reference: FOI/2024/419
Tyler
Email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Tyler
I refer to your request to the Department of the Prime Minister and Cabinet (the Department), under
the
Freedom of Information Act 1982 (the FOI Act), received on 29 December 2024.
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
Scope of request
You set out your request in the fol owing terms:
Is it possible to provide a copy of the Commissions or similar official instruments which effect the
appointments or terminations of Mr Kevin Rudd for the following positions, and a copy of the
signed oath or affirmation for appointments:
1. Appointment as Prime Minister (2007, around 3 December 2007?):
Commission of appointment, and signed oath or affirmation.
2. Termination as Prime Minister (2010, around 24 June 2010?):
Termination of appointment.
3. Appointment as Minister for Foreign Affairs (2010, around 14 September 2010?):
Commission of appointment, and signed oath or affirmation.
4. Termination as Minister for Foreign Affairs (2012, around 22 February 2012?):
Termination of appointment.
5. Appointment as Prime Minister (2013, around 27 June 2013?):
Commission of appointment, and signed oath or affirmation.
6. Termination as Prime Minister (2013, around 18 September 2013?):
Postal Address: PO Box 6500, CANBERRA ACT 2600
Telephone: +61 2 6271 5849 Fax: +61 2 6271 5776 www.pmc.gov.au ABN: 18 108 001 191
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Termination of appointment.
To explain.
I understand that the above appointments and terminations made by the Governor-General are
already well known in public.
My request now is for a copy of the formal Commission or similar official instrument on the
appointments and terminations, and the oaths or affirmations for appointments.
Authorised decision-maker
I am authorised to make this decision in accordance with arrangements approved by the
Department’s Secretary under section 23 of the FOI Act.
Material taken into account
In reaching my decision I referred to the fol owing:
• the terms of your request
• the FOI Act
• the Guidelines issued by the Information Commissioner
1 (the Guidelines)
Documents in scope of request
The Department has identified ten (10) documents that fal within the scope of your request. These
documents are set out in the Schedule of Documents at Attachment A.
Decision
I have decided to grant access in ful with irrelevant material deleted under section 22 of the FOI Act.
Reason for decision
My findings of fact and reasons for deciding that certain information is exempt or irrelevant is set out
below.
1.
Deletion of irrelevant matter
Section 22 of the FOI Act authorises the Department to give access to an edited copy of a document
if giving access to a document would disclose information that would be reasonably regarded as
irrelevant to the request, and it is possible for the Department to prepare an edited copy, modified by
deletions, ensuring that the edited copy would not disclose any information that would reasonably be
regarded as irrelevant to the request.
1 section 93A of the FOI Act
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The Department’s policy is to exclude certain staff details and contacts where such information is not
public and does not fundamental y have a bearing on the content of the document being disclosed,
which is relevant to your request.
I am satisfied that parts of the documents are irrelevant under section 22(1)(a)(i ) of the FOI Act. The
remaining parts of the documents have been released to you as they are relevant to your request.
Additional information
I note that documents 3 and 9 are letters from the Hon Dr Kevin Rudd tendering his resignation in
2010 and again in 2013 to the Governor-General. Document 10 is the Governor-General’s response to
the Prime Minister accepting his resignation and recommendation to commission the next Prime
Minister fol owing the outcome of the 2013 federal election.
These letters between the former Prime Minister and the Governor-General are consistent with
constitutional convention in acknowledging the change in Prime Ministership and are akin to a
termination of appointment. The appointment of a Prime Minister rests with the Governor-General,
whose prerogative power is limited by the rules of established constitutional conventions.
Review rights
If you disagree with my decision, you may apply for internal review or Information Commissioner
review of the decision.
Internal review
Under section 54 of the FOI Act, you may apply in writing to the Department for an internal review of
my decision. The internal review application must be made within 30 days after the date of this letter,
please attach the reasons why you disagree with the decision. Applications for review should be sent
to
xxx@xxx.xxx.xx.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to
review my decision. An application for review by the Information Commissioner must be made in
writing within 60 days after the date of this letter.
More information about Information Commissioner review is available
here.2
FOI Complaints
If you are unhappy with the way we have handled your FOI request, please let us know what we could
have done better. We may be able to rectify the problem. If you are not satisfied with our response,
you can make a complaint to the Australian Information Commissioner. A complaint to the
2 https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-reviews/information-commissioner-review
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Information Commissioner must be made in writing. More information about complaints is available
here.3 If you wish to discuss any aspect of your requests, you can contact the FOI Section by email at
xxx@xxx.xxx.xx. Yours sincerely
David Belgrove
Assistant Secretary
Parliamentary and Government Branch
Department of the Prime Minister and Cabinet
25 February 2025
3 https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-complaints/make-an-foi-complaint
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PM&C | Freedom of Information (FOI) request
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Document Outline
