17 March 2025
ref: IR FOI/2025/00001
Glenn Hamiltonshire
By email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Hamiltonshire
Freedom of Information Request – Internal review decision
I refer to your email of 14 February 2025 seeking internal review of the access refusal decision under the
Freedom of Information Act 1982 (
FOI Act) dated 3 February 2025
(original decision)
.
Original request and decision
On 3 January 2025, you requested access to the fol owing:
(a) The Royal Australian Mint's charter with the Treasury.
(b) The Royal Australian Mint's supporting memorandum of understanding; and
(c) Any associating 'governance instruments' referenced in the Corporate plan.
On 3 February 2025, the original decision exempted both documents in ful under section 47G(1)(a) of the
FOI Act.
Internal review decision
I am authorised under section 23 of the FOI Act to make decisions. I have conducted an internal review of
the original decision, which is a fresh consideration of the matter. I was not involved in, nor consulted
about, the making of the decision under review.
Access decision
There are two documents in scope of your request:
• the Charter between the Royal Australian Mint and The Treasury (
the Charter); and
•
Memorandum of Understanding between the Department of the Treasury and the Royal Australian Mint
(
the MOU).
I have decided to release parts of the two documents. For the following reasons, I have decided to exempt
parts of the documents from release.
Langton Crescent
Parkes ACT 2600
Australia
P: +61 2 6263 2800
2
Material considered
The material to which I have had regard in making this decision includes the scope of your FOI request and
the matters raised in your request for internal review; the content of the documents subject to the request;
advice from subject matter experts the Royal Australian Mint (
Mint), the relevant provisions in the FOI Act
and the Guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
(
FOI Guidelines).
Your internal review contentions
In your request for internal review, you contended the fol owing:
I contend that these documents should not be considered exempt for the purposes of S47G. First, I
note that under previous OAIC rulings, should it not be reasonably expected that a businesses' impact
be materially impacted, then an exemption need not apply. Relying on Australian Broadcasting
Corporation and Australian Transaction Reports and Analysis Centre [2014] AICmr 80, a documents
which of which "disclosure would have either no, or minimal competitive effect" is not exempt. In this
case, I submit that the content of the Charter and MoU would have no, or negligible material impacts
on the operations both of the Department of The Treasury, and on the RAM.
I further contend that, if we concede that information contained in these documents to be "business
material" for the purposes of FoI, despite the rather dubious natures of that given how Treasury and
the RAM are situated as Commonwealth Entities, the information contained in these documents, is
less serious that more concerning documents made public via FOI and OAIC decisions previously. In
Ben Butler and Australian Securities and Investments Commission [2016] AICmr 79, a case concerning
stop orders by ASIC, the OAIC found that the documents were historic in nature, and that the orders in
question were not expected to unreasonably effect their business operations. Given the nature of the
documents at hand in that case, I am of the view that operational and governance documents
between two Commonwealth entities would not meed this exemption, were it to proceed the OAIC
stage.
Reasons
Material exempt under section 7 of the FOI Act
Section 7(2) of the FOI Act relevantly exempts Departments specified in Part II of Schedule 2 from the
operation of the FOI Act in relation to documents referred to in that Schedule. Division 1 to Part I of
Schedule 2 of the FOI Act relevantly includes the Department of the Treasury in relation to documents:
(b) in respect to the commercial activities of the Royal Australian Mint
I considered whether the operation of section 7(2) and Division 1 to Part II of Schedule 2 of the FOI Act
exempts whole of documents containing material in respect of the commercial activities of the Mint.
Because parts of both documents do not relate to commercial activities of the Royal Australian Mint, I have
decided to redact only the parts of both documents that I consider relate to commercial activities.
Passages of the Charter are exempt on the basis that they relate to commercial activities of the Mint.
3
Sections of the MOU and related definitions relate to services the Mint provides on a commercial basis, or
other commercial activities, and are also therefore exempt.
Section 47(1)(b) – information having a commercial value
Section 47(1)(b) of the FOI Act provides a document is exempt if it involves the disclosure of information
having a commercial value that would, or could reasonably be expected to, be diminished or destroyed by
disclosure.
I have decided that
the information contained in the MOU in sections 5.3, 8.2, 8.3, and 8.4 is commercially
sensitive information.
This information is not publicly known and is detailed in the Mint’s confidential contracts with third parties.
Releasing this information could be expected to provide potential competitors with an unfair insight into
Mint’s commercial, business, and financial arrangements. Further, disclosure would reveal financial
calculation arrangements between the Mint and the Treasury which is not publicly known and if disclosed,
has the potential to have an impact on market coin value.
I consider that the grounds for the section 47(1)(b) exemption are made out in relation to sections 5.3, 8.2
to 8.4. These sections include detailed financial information about the Mint's commercial functions and the
Commonwealth's revenue from the Mint's activities. I have therefore decided these sections are exempt
under section 47(1)(b) of the FOI Act.
Section 47E(d) – certain operations of agencies
Section 47E(d) of the FOI Act relevantly provides that a document is conditional y exempt if its disclosure
would, or could reasonably be expected to, have a substantial adverse effect on the proper and efficient
conduct of the operations of an agency.
The documents contain information that relates to the role of the Treasury and the Mint in relation to
resolving conflicts or where there is risk to the economy or the government. I am satisfied the disclosure of
this information could reasonably be expected to have a substantial adverse effect on the Treasury and the
Mint’s ability to resolve such conflicts and respond to matters which may present such risks. I have
therefore decided this information is conditionally exempt under section 47E(d) of the FOI Act.
My consideration of the public interest is below.
Public Interest
Section 11A(5) of the FOI Act provides that, if a document is conditional y exempt, it must be disclosed
unless, in the circumstances, access to the document at that time would, on balance, be contrary to the
public interest. This requires consideration of factors for and against disclosure.
In favour of disclosure, I consider disclosure would promote the objects of the FOI Act and increase scrutiny
of government decision making. Against disclosure, I have considered the clear public interest in
maintaining the Treasury and the Mint’s ability to resolve conflicts and respond to matters which present
risks to the government and economy.
4
Given the gravity of the factors against disclosure, I have decided, on balance, that disclosure is contrary to
the public interest. Therefore, the material which is conditional y exempt under section 47E(d) of the FOI
Act is exempt under this provision and wil not be released.
Conclusion
My internal review decision is to release parts of both in documents in scope.
Review rights
A statement setting out your review rights regarding my decision is attached.
Yours sincerely
David Hertzberg
A/g General Counsel
17 March 2025
5
INFORMATION ON RIGHTS OF REVIEW
1.
APPLICATION TO AUSTRALIAN INFORMATION COMMISSIONER (INFORMATION COMMISSIONER)
FOR REVIEW OF DECISION
Section 54L of the FOI Act gives you the right to seek a review of the decision from the Information
Commissioner. An application for review must be made within 60 days of receiving the decision.
An application for review must be in writing and must:
– give details of how notices must be sent to you; and
– include a copy of the notice of decision.
You should send your application for review to:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
AND/OR
2.
COMPLAINTS TO THE INFORMATION COMMISSIONER
Section 70 of the FOI Act provides that a person may complain to the Information Commissioner about
action taken by an agency in the exercise of powers or the performance of functions under the FOI Act.
A complaint to the Information Commissioner must be in writing and identify the agency the complaint is
about. It should be directed to the fol owing address:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
The Information Commissioner may decline to investigate the complaint in a number of circumstances,
including that you did not exercise your right to ask the agency, the Information Commissioner, a court or
tribunal to review the decision.
Document Outline
