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OFFICIAL

Dear John,

On 4 July 2023, the Commissioner of the Royal Commission into the Robodebt
Scheme, Ms Catherine Holmes AC SC, issued a direction pursuant to section
6D(3) of the Royal Commissions Act 1902 (Cth) that the confidential
chapter of her report is not to be published ([1]DNP-0023). The
Commissioner created the confidential chapter to avoid prejudicing the
conduct of any future civil action or criminal prosecution.

Section 46 of the Freedom of Information Act 1982 (FOI Act) provides that:

A document is an exempt document if public disclosure of the document
would, apart from this Act and any immunity of the Crown:

                     (a)  be in contempt of court;

                     (b)  be contrary to an order made or direction given
by a Royal Commission or by a tribunal or other person or body having
power to take evidence on oath; or

                     (c)  infringe the privileges of the Parliament of the
Commonwealth or of a State or of a House of such a Parliament or of the
Legislative Assembly of the Northern Territory.

Section 37 of the FOI Act also provides that a document is exempt where
disclosure under the Act would (or could reasonably be expected to) affect
enforcement of law, including by prejudicing investigations or trials.

We therefore advise that the document to which you have requested access
is exempt from disclosure under the FOI Act.

Please let us know by Friday 10 November 2023 whether you wish to withdraw
your request, otherwise the request will be processed in accordance with
the advice provided above.

Kind regards

Jessica

Director | FOI & Privacy | Strategy & Governance Branch

show quoted sections

Dear John

Freedom of Information Request FOI23/618

I refer to your request to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents. 

The purpose of this email is to provide you with a decision in response to
that request. 

Please find attached your decision letter, including your review rights.

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [1][email address].

Yours sincerely

Philip Tracey

FOI Case Officer

Freedom of Information and Privacy
Attorney-General’s Department

T: (02) 6141 6666 | E: [2][email address]

The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
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Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address]. 
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.

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