Office of S e n a t o r the H o n M chaelia Cash

Minister for Employment

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

Mr Daniel Walton
National Secretary
The Australian Workers' Union
By email: daniel.walton@nat.awu.net.au

Dear Mr Walton

Request u n d e r 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, in which you requested access under the Freedom o f Information Act 1982
(Cth) (FOI Act) to a range o f documents, as follows:

a. A n y correspondence, email, message (including text or other electronic messages) or

record o f communication (including notes o f conversations) between the Minister, or
any person on her b e h a l f (including the Minister's s t a ff o r Departmental Staff), and the
Registered Organisations Commission, received or sent in the p e r i o d between 2 May
2017 a n d 25 October 2017, in relation to:
i. a donation made in 2005 by The Australian Workers' Union to GetUp; and/or
ii. whether the Registered Organisations Commission should undertake any
assessment, inquiry or investigation regarding any such donation.

b. A n y correspondence, email, message (including text or other electronic messages) or

record o f communication (including notes o f conversations) between the Minister, or
any person on her behalf (including the Minister's s t a f f or Departmental Staff), and the
Registered Organisations Commission received or sent in the p e r i o d between 7
September 2 0 1 7 a n d 2 5 October 2017 relation to:
i. applications f o r warrants in relation to The Australian Workers' Union;
ii. the f a c t o f the warrants; and/or
iii. the execution ofwarrants by the Australian Federal Police at 685
Spencer Street, West Melbourne, Victoria or Level 10, 377383,
Sussex Street, Sydney NSW

c. A n y correspondence, email, message (including text or other electronic messages) or

record o f communication (including notes o f conversations) between the Minister and
the Minister's s t a f f or Departmental S t a f f received or sent .in the p e r i o d between 7
September 2017 a n d 25 October 2017, in relation to:
i. applications f o r warrants in relation to The Australian Workers'

Parliament House Canberra ACT 2600 Telephone (02) 6277 7320 Fax (02) 6273 4115
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Union;
ii. the f a c t o f the warrants; and/or
iii. the execution o f warrants by the Australian Federal Police at
685 Spencer Street, West Melbourne, Victoria or, 377383,
Sussex Street, Sydney NSW.

d. A n y correspondence, email, message (including text or other electronic messages) or

record o f communications (including notes o f conversations) between the Minister, or
any person on her b e h a l f (including the Minister's S t a f f or Departmental Staff), and any
person or organisation, received or sent in the p e r i o d between 7 September 2017 a n d 25
October 2017, in relation to:
i. applications f o r warrants in relation to The Australian Workers' Union;
ii. the f a c t o f the warrants; and/or
iii. the execution o f warrants by the Australian Federal Police at
685 Spencer Street, West Melbourne, Victoria or, 377383,
Sussex Street, Sydney NSW

e. A n y briefing note, memorandum or other document p r e p a r e d f o r the Minister in relation

to or mentioning the execution o f warrants by the Australian Federal Police a t 685
Spencer Street, West Melbourne, Victoria or, 377383, Sussex Street, Sydney NSW
created on 2 4 or 25 October 2017.

f Phone records o f any mobile device issued by the Minister's Office to M r D a v i d De

Garis, or used by M r D a v i d D e Garis in his official capacity f o r the p e r i o d o f 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.

In relation to documents within the scope o f category (a) o f your request, reasonable searches have
been conducted and I have identified the attached three documents as falling within the terms of this
part o f the request. I have decided to release these three documents, noting that information
regarding the existence and content o f these documents is already on the public record.

In relation to categories (b), (c), (d), (e) and (f) o f your request, 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 documents within the scope o f these categories o f the request, could
prejudice the law enforcement investigation currently being 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 in relation to categories (b), (c), (d), (e) and (f) of
your request 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 such documents
falling within categories (b), (c), (d), (e) and (f) o f your request.

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Reasons for decision

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

(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 (1), 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 material that may be relevant to the
current investigation to be discussed or disclosed. Notwithstanding the application o f section 25(1)
o f the FOI Act, if documents did exist within the scope o f categories (b), (c), (d), (e) and (f) of 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 01 employment.gov.au.

Yours s ncerely

Ben Davies
Chief o f Staff
27 / 11 / 2017

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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.

Parliament House Canberra ACT 2600 Telephone (02) 6277 7320 Fax (02) 6273 4115