OFFICIAL

Reference: FOI/2022/202

 

Dear Mr Pentland

 

Thank you for your email of 16 July 2022 in which you made a request
under the Freedom of Information Act 1982 (the FOI Act) to the Department
of the Prime Minister and Cabinet (the Department).

 

You set out the terms of the request as follows:

 

This is a request for the purposes of the Freedom of Information Act 1982
for access to the following documents:

The agenda, minutes, and recordings of decisions for the National Cabinet
Meeting held on 16 July 2022.

 

Timeframe for receiving your decision

The 30 day statutory period for processing your request commenced from the
day after the Department received your request, you should therefore
expect a decision from us by 15 August 2022.   The processing period of 30
days may be extended in certain circumstances and we will write to you
separately regarding any extension of time.

 

Charges

Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.

 

Publication of documents

Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]https://www.pmc.gov.au/government/depart...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email].  If you
do wish to object to the publication of information, you would need to
provide supporting reasons.

 

Exclusion of officers’ names and contact details

For documents that fall within scope of the request, it is the
Department’s policy to withhold:

·       any person’s signature;

·       the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);

·       the mobile or direct numbers of SES officers;

·       the names and contact details of Ministerial staff at a level
below Chief of Staff.

 

If you consider that the information categorised above is relevant to the
terms of your request please let us know at [3][DPMC request email], otherwise
we will take it that you agree to that information being excluded from the
scope of your request (that is, the information will be treated as
irrelevant and deleted from any documents for release). The names and
other details of SES officers will not be withheld unless there is some
reason for that information to be exempt from release.

 

Further information on FOI processing can be found at the website of the
Office of the Australian Information Commissioner
[4]https://www.oaic.gov.au/freedom-of-infor....

 

Yours sincerely

Leisha

 

 

Coordinator | FOI Section[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [5][email address]  w. [6]pmc.gov.au

 

[7]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

 

 

 

 

 

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. https://www.pmc.gov.au/government/depart...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. https://www.oaic.gov.au/freedom-of-infor...
5. mailto:[email address]
6. https://www.pmc.gov.au/

OFFICIAL

Reference: FOI/2022/202

 

Dear Mr Pentland

 

We write to update you about your request made under the Freedom of
Information Act 1982 (FOI Act).

 

The documents that fall within the terms of your request contain
information relating to the working relations between the Commonwealth and
States/Territories. The Department is required to consult with them under
section 26A of the FOI Act before making a decision on access. The
consultation mechanism under section 26A applies when we believe the
States and Territories concerned may wish to contend that the requested
documents are exempt because their release would damage Commonwealth-State
working relations.

 

When a consultation under section 26A is entered into, the FOI Act
provides an extension of the processing period by 30 days (s 15(6)), this
allows the Department time to consult with the States and Territories. As
a result the extended due date of your FOI request is 14 September 2022.

 

Please write to us if you require a further update of your request in the
coming weeks, you can contact us at [1][email address]

 

Yours sincerely

Janelle

 

Janelle | Senior Adviser

FOI and Privacy Section | Legal Policy Branch

Department of the Prime Minister and Cabinet

p. (02) 6271 5950

 

Ngunnawal Country, One National Circuit  Barton  ACT  2600  |  PO Box
6500  CANBERRA  ACT  2600
e. [2][email address]  w. [3]pmc.gov.au

[4]cid:image001.jpg@01D78E24.FF2DAFB0[5]cid:image002.jpg@01D78E24.FF2DAFB0

[6]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://www.pmc.gov.au/
4. https://twitter.com/pmc_gov_au
5. https://www.linkedin.com/company/departm...

OFFICIAL

Dear Mr Pentland

 

Please find attached correspondence relating to your request for access to
documents under the Freedom of Information Act 1982 (Cth).

 

Kind regards,

 

 

Adviser | FOI Section[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [1][email address]  w. [2]pmc.gov.au

 

[3]cid:image001.jpg@01D89219.0A97D530 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. https://www.pmc.gov.au/

OFFICIAL

FOI/2022/202IR

 

Dear Mr Pentland

 

We write in relation to your email of 10 September 2022 (below), in which
you made a request for internal review of the Department of the Prime
Minister and Cabinet’s (the Department) decision regarding your request
under the Freedom of Information Act 1982 (the FOI Act), dated 8 September
2022.

 

Although your email below is addressed to “the FOI Commissioners” we have
interpreted your request to mean a request for an internal review. An
internal review is undertaken by a different decision maker within the
Department and is distinct to an [1]Information Commissioner review, for
which you must apply through the Office of the Australian Information
Commissioner [2]here. If you do not wish to proceed with your request for
an internal review, please confirm by return email by Tuesday 13 September
2022.

 

Timeframe for receiving your internal review decision

 

We received your request for internal review on 10 September 2022 and the
30-day statutory period for internal review commenced from the day after
that date. You should therefore expect the internal review decision from
us by 10 October 2022.

 

Publication of documents

 

Please note that information released under the FOI Act may later be
published online on our disclosure log at
[3]https://www.pmc.gov.au/government/depart...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [4][DPMC request email]. If you do
wish to object to the publication of information, you would need to
provide supporting reasons.

 

Exclusion of officers’ names and contact details

 

For documents that fall within scope of the request, it is the
Department’s policy to withhold:

•             any person’s signature;

•             the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);

•             the mobile or direct numbers of SES officers;

•             the names and contact details of Ministerial staff at a
level below Chief of Staff.

 

The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [5][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).

 

Further information on FOI processing can be found at the website of the
Office of the Australian Information Commissioner
[6]https://www.oaic.gov.au/freedom-of-infor....

 

Yours sincerely,

 

 

Adviser | FOI Section[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [7][email address]  w. [8]pmc.gov.au

[9]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

-----Original Message-----
From: Alex Pentland <[10][FOI #9138 email]>
Sent: Saturday, 10 September 2022 6:57 PM
To: FOI <[11][email address]>
Subject: Internal review of Freedom of Information request - 16 July
National Cabinet Meeting

 

Dear FOI Commissioners,

 

 

 

In the case of Patrick and Secretary, Department of Prime Minister and
Cabinet
([12]http://www6.austlii.edu.au/cgi-bin/viewd...),
White J, a Judge of the Federal Court of Australia, found that beyond
National Cabinet not being a committee of the Cabinet, rejected the claim
of minutes of specific meetings being conditionally exempt under section
47B. The finding, explicitly in relation to a 2020 National Cabinet
meeting, states that "I conclude therefore that s 47B(a) of the FOI Act
does not have the effect that the minutes of the National Cabinet made on
29 May 2020 are conditionally exempt.".

 

 

 

Furthermore, the reliance on "The Importance of Confidentiality to
Relationships between the Commonwealth, States and Territories" statement
is, in my view, dubious, given the statement has subsequently been removed
from public access, and no statutory legislation could be provided showing
such views being enshrined in law. Grata Fund has also provided a
submission to the Parliament in their Submission to the "Senate Finance
and Public Administration Legislation Committee inquiry into the COAG
Legislation Amendment Bill 2021", which among other things, found that
there was no record of members of the former COAG expressing objection to
frank discussions (Isabelle Reinecke: "However, there's never been a
suggestion that COAG, its predecessor, suffered from a lack of full and
frank disclosure in conversation.").

 

 

 

Given the nature of the information I have outlined from AAT decisions and
legal opinions, I am indicating that I am not satisfied with the rationale
that forms the basis of this rejection.

 

 

 

I seek an internal review with this in mind, seeking for a review into
both the total exception under 47B, and the partial redaction under 47C

 

 

 

Yours sincerely,

 

 

 

Alex Pentland

 

 

 

-----Original Message-----

 

 

 

OFFICIAL

 

 

 

Dear Mr Pentland

 

 

 

 

 

 

 

Please find attached correspondence relating to your request for access to

 

documents under the Freedom of Information Act 1982 (Cth).

 

 

 

 

 

 

 

Kind regards,

 

 

 

 

 

 

 

 

 

 

 

Adviser | FOI Section[]

 

 

 

Department of the Prime Minister and Cabinet

 

 

 

p. (02) 6271 5849

 

 

 

Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box

 

6500 CANBERRA ACT 2600

 

e. [1][email address]  w. [2]pmc.gov.au

 

 

 

 

 

 

 

[3][13]cid:image001.jpg@01D89219.0A97D530 The

 

Department

 

acknowledges

 

and pays

 

respect to

 

the past,

 

present and

 

emerging

 

Elders and

 

Traditional

 

Custodians

 

of Country,

 

and the

 

continuation

 

of cultural,

 

spiritual

 

and

 

educational

 

practices of

 

Aboriginal

 

and Torres

 

Strait

 

Islander

 

peoples.

 

 

 

 

 

 

 

______________________________________________________________________ 

 

IMPORTANT: This message, and any attachments to it, contains information 

 

that is confidential and may also be the subject of legal professional or 

 

other privilege. If you are not the intended recipient of this message,

 

you 

 

must not review, copy, disseminate or disclose its contents to any other 

 

party or take action in reliance of any material contained within it. If

 

you 

 

have received this message in error, please notify the sender immediately

 

by 

 

return email informing them of the mistake and delete all copies of the 

 

message from your computer system. 

 

______________________________________________________________________

 

 

 

References

 

 

 

Visible links

 

1. [14]mailto:[email address]

 

2. [15]https://www.pmc.gov.au/

 

 

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

 

[16][FOI #9138 email]

 

 

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

 

[17]https://www.righttoknow.org.au/help/offi...

 

 

 

Please note that in some cases publication of requests and responses will
be delayed.

 

 

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

 

-------------------------------------------------------------------

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. https://www.oaic.gov.au/freedom-of-infor....
2. https://www.oaic.gov.au/freedom-of-infor....
3. https://www.pmc.gov.au/government/depart...
4. mailto:[DPMC request email]
5. mailto:[DPMC request email]
6. https://www.oaic.gov.au/freedom-of-infor...
7. mailto:[email address]
8. https://www.pmc.gov.au/
10. mailto:[FOI #9138 email]
11. mailto:[email address]
12. http://www6.austlii.edu.au/cgi-bin/viewd...
13. file:///tmp/cid:image001.jpg@01D89219.0A97D530
14. mailto:[email
15. https://www.pmc.gov.au/
16. mailto:[FOI #9138 email]
17. https://www.righttoknow.org.au/help/offi...

hide quoted sections

OFFICIAL

FOI/2022/202IR

 

Dear Mr Pentland

 

Please find attached the decision regarding your request for internal
review under the Freedom of Information Act 1982.

 

Yours sincerely,

 

 

Adviser | FOI Section[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [1][email address]  w. [2]pmc.gov.au

[3]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. https://www.pmc.gov.au/

OFFICIAL

PM&C reference: FOI/2022/202IC

OAIC reference: MR22/01623

 

Dear Mr Pentland

 

Please find attached the revised decision made under section 55G of the
Freedom of Information Act 1982 as well as the documents released to you.

 

The Office of the Australian Information Commissioner are copied to this
email for information.

 

Yours sincerely,

 

Alicia

 

Adviser | FOI Section[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [1][email address]  w. [2]pmc.gov.au

[3]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. https://www.pmc.gov.au/