Office of Senator the Hon Mwhaelia Cash

Minister for Employment

Minister for Women
Minister Assisting the Prime Minister for the Public Service

Mr Josh Taylor
News Editor
BuzzFeed News
By email: josh.ta lor@buzzfeed.com

Dear Mr Taylor

Request under the Freedom o f Information A c t 1982 (Cth)

I refer to your correspondence o f 26 October 2017 to the office o f Senator the Hon Michaelia Cash,
Minister for Employment, via the Department o f Employment, in which you requested access under
the Freedom o f Information Act 1982 (Cth) (FOI Act) to the following documents:

" all communications between Minister Michaelia Cash, Andrew Hudsgon, David De Garis
...
and/or any staffff r o m the Fair Work Ombudsman, or the Registered Organisations
Commission regarding the A F P raids on the offices o f the A W U on the 24111 and 25th of
October, 2017."

Decision

I am authorised to make decisions under the FOI Act. My decision regarding your request and the
reasons for my decision are set out below.

The Australian Federal Police has commenced investigations into the alleged unauthorised disclosure
o f information concerning the execution o f search warrants obtained by the Registered Organisations
Commission. Any disclosure o f information that may be relevant to this investigation, including the
acknowledgement o f the existence or otherwise o f any documents within the subject matter of the
request, could prejudice the law enforcement investigation currently carried out by the AFP by
inhibiting the provision o f information by potential witnesses; influencing lines o f inquiry by police
or the evidence o f witnesses; or disclosing avenues o f inquiry. I have therefore decided to refuse
your request for access to documents pursuant to section 25 and section 37 o f the FOI Act.

Pursuant to section 25 o f the FOI Act, I neither confirm or deny the existence o f any documents
falling within the scope o f your request.

Reasons for decision

Sections 25(1)(a) and 25(2)(a) o f the FOI Act relevantly provide:

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(1) Nothing in this A c t shall be taken to require an agency or Minister to give information
as to the existence or nonexistence o f a document where information as to the existence
or nonexistence o f that document, i f included in a document o f an agency, would cause
the lastmentioned document to be:

(a) an exempt document by virtue of... subsection 37(1) ...;

(2) I f a request relates to a document that is, or i f it existed would be, o f a kind referred to
in subsection (I), the agency or Minister dealing with the request may give notice in
writing to the applicant that the agency or the Minister (as the case may be) neither
confirms nor denies the existence, as a document o f the agency or an official document
o f the Minister, o f such a document but that, assuming the existence o f such a document,
it would be:

(a) an exempt document by virtue of... subsection 37(1)

Section 37(1) relevantly provides:

(1) A document is an exempt document i f its disclosure under this A c t would, or could
reasonably be expected to:

(a) prejudice the conduct o f an investigation o f a breach, or possible breach, o f the

law, or a failure, or possible failure, prejudice the enforcement or proper
... or
administration o f the law in a particular instance;

(b) disclose, or enable a person to ascertain, the existence or identity o f a

confidential source o f information, or the nonexistence o f a confidential source
o f information, in relation to the enforcement or administration o f the law; or

(c) endanger the life or physical safety o f any person.

The AFP has advised that it would not be appropriate for any information that may be relevant to this
investigation to be discussed or disclosed. Notwithstanding the application o f section 25(1) of the
FOI Act, if documents did exist within the terms o f the request they would be exempted under
section 37(1) o f the FOI Act.

Rights o f review

Your rights o f review o f this decision are outlined at Attachment A.

Should you have any enquiries concerning this matter, please contact foi e nployment.gov.au.

Yours sincerely

Ben Davies
Chief o f Staff
27 / 11 / 2017
N
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Attachment A

Review by the Australian Information Commissioner

Section 54L o f the FOI Act gives you the right to apply to the Australian Information Commissioner
(AIC) to seek a review o f this decision.

If you wish to have the decision reviewed by the AIC you must apply for the review, in writing or by
using the online merits review form available on the AIC's website at www.oaic.gov.au, within 60
days o f receipt o f this letter. To assist the AIC your application should include a copy o f this decision
and your contact details. You should also clearly set out why you are objecting to the decision.

You can also complain to the AIC or Commonwealth Ombudsman about how the Minister handled an
FOI request, or other actions the Minister took under the FOI Act.

We are advised by the AIC that applications for review or complaint must be lodged with the AIC in
one o f the following ways:
Online: www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Fax: +61 2 9284 9666
Email: enquiriesoaic.gov.au

For general enquiries, please call 1300 363 992 or +61 2 9284 9749 for international.

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