OFFICIAL
Freedom of Information (FOI) request
Notice of Decision
Reference: FOI/2025/036
Tyler
By email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Tyler,
I refer to your request dated 12 February 2025 to the Department of the Prime Minister and Cabinet
(the Department), under the
Freedom of Information Act 1982 (the FOI Act). 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, with necessary redactions if you need any, documents[, copies of which
are in the possession of your Department,] that have been provided to the Governor-General for
the Australian Government’s recommendation to appoint or award The Honourable Justice
Stephen John GAGELER (as then was) as Companion in the General Division, in the Order of
Australia, which was announced on 26 January 2017?
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 have had regard to the fol owing:
the terms of your request
searches and inquires undertaken by the Department
the FOI Act
the FOI Guidelines issued by the Information Commissioner (the Guidelines)
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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OFFICIAL
Decision
I have decided to refuse your request under section 24A(1) of the FOI Act on the grounds documents
do not exist.
Reason for decision
My findings of fact and reasons for deciding to refuse your request for access are set out below.
1.
Documents cannot be found or do not exist
Section 24A(1) of the FOI Act provides that:
An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
In determining what the FOI Act means with respect to ‘all reasonable steps’, I have had regard to the
Guidelines which discuss the meaning of ‘reasonable’ in section 24A(1)(a). It is designed to be
moderate and of such an effort to be appropriate or suitable to the circumstance
s[1].
You have requested access to records provided to the Governor-General in relation to
recommendations to appoint or award an individual within the Order of Australia. Recommendations
made to the Governor-General in relation to the award of the Order of Australia, in the General
Division, and where the recommended appointees are Australian Permanent Residents or Citizens, are
made by the Council for the Order of Australia. The Council is supported by the Office of the Official
Secretary to the Governor-General, which is separate from the Department.
This is separate to honorary appointments to the Order of Australia (General Division) – which applies
to nominations for individuals who are not Australian Permanent Residents or Citizens (i.e. those who
are citizens of a foreign country). Nominations for honorary appointments in the General Division of
the Order of Australia are usually processed by the Department of the Prime Minister and Cabinet.
Accordingly, searches of the Department’s record holdings have not identified any responsive
documents to your request. Therefore, based on my knowledge of the subject matter connected to
your FOI request, and in my role as Assistant Secretary of the Parliamentary and Government Branch, I
am satisfied the Department does not hold the documents you have requested.
OFFICIAL
PM&C | Freedom of Information (FOI) request
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OFFICIAL
I am satisfied the measures taken by the Department to locate documents in response to your request
under the FOI Act, as outlined above, are appropriate and suitable given the circumstances.
I am refusing your request for access under section 24A(1) of the FOI Act as the documents you have
requested do not exist.
Additional Information
For nominees who are Australian citizens or permanent residents, decisions regarding the award of
the Order of Australia are based on recommendations made by the Council for the Order of Australia,
an independent body. The Government plays no role in deciding who is awarded the Order of
Australia.
For more information, please refer
to: Order of Australia Handbook1
Review rights
If you disagree with my decision, you may apply for a 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. You can apply using the
OAIC Web Form.
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. Alternatively, you can make a complaint to the Australian Information
Commissioner. You can make a complaint using the
OAIC Web Form.
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OFFICIAL
Yours sincerely,
David Belgrove
Assistant Secretary | Parliamentary and Government Branch
Department of the Prime Minister and Cabinet
5 March 2025
OFFICIAL
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