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DPC21/0677 DX 56201 B1079224 Tel 08 8226 3500 Fax 08 8226 3535 OFFICIAL GPO Box 2343 Adelaide SA 5001 DPC21/0677 DX 56201 B1079224 Tel 08 8226 3500 Fax 08 8226 3535 www.dpc.sa.gov.au Hon Kyam Maher MLC Parliament House North Terrace ADELAIDE SA 5000 Sent by email: [email protected] Dear Mr Maher Freedom of information (FOI) application I refer to your request received by the Office of the Premier seeking access under section 13 of the Freedom of Information Act 1991 (the Act) to: All emails, text messages, notes, memos, diary entries, correspondence and any other documents held by the Premier or any current or previous staff members of the Premier that mention or relate to Annabel Digance or Greg Digance. Date Range: 01/01/2020 - 16/04/2020 The Department of the Premier and Cabinet (DPC) is responsible for processing FOI applications on behalf of the Office of the Premier. Under the Act, an agency has 30 days to respond to an FOI request. As DPC did not respond to your request within the time frame required, the department is deemed to have refused you access to all documents relevant to your application. However, I have determined to process the request as if the statutory time frame had been met. The purpose of this letter is to advise you of my determination. A total of 65 documents were identified as answering the terms of your application and I have determined as follows: I grant you access in full to 47 documents, copies of which are enclosed, and I refuse access to 18 documents OFFICIAL Page 1 of 3 OFFICIAL Please refer to the attached schedule that describes each document and sets out my determination and reasons in summary form. Documents released in full Documents 1, 3, 5, 7, 8, 10 - 12, 14, 16 – 20, 22, 24, 26, 28 – 36, 38, 41, and 46 - 65 Documents refused in full Documents 2, 4, 6, 9, 13, 15, 21, 23, 25, 27, 37, 39, 40 and 42 – 45 These documents contain opinion, advice and recommendations prepared in the course of and for the purpose of the decision-making functions of the Government, the disclosure of which would be on balance to public interest. They consist of draft versions of media releases where the Government was deliberating upon the message to be conveyed in the release. Whilst I acknowledge the public interest in transparency, it is important that drafts of public statements can be deliberated on in a consultative manner with the prospect of these deliberations being made public. There is a need to ensure that officials can workshop their ideas in putting together a message for the Minister’s approval without fear that those ideas will be publicly attributed to them. This would likely impede the free exchange of ideas, thereby impeding the proper function of Ministerial office. There is also a danger that ideas that do not make the final draft will be falsely construed as representing the Government’s view. It is important that responsibility for the content of the press releases in question should rest with the Minister releasing them. I have therefore considered to refuse access to these documents under clause 9(1)(a)(i) of Schedule 1 to the Act. Document 29 Under clause 17(c) of Schedule 1 to the Act, information is exempt from disclosure if it would infringe the privilege of Parliament. This document was created for use in Parliament and is protected by Parliamentary privilege. I have therefore determined it is exempt pursuant to clause 17(c) Exemptions Clause 9 – Internal working documents (1) A document is an exempt document if it contains matter— (a) that relates to— … (ii) any consultation or deliberation that has taken place, in the course of, or for the purpose of, the decision-making functions of the Government, a Minister or an agency; and (b) the disclosure of which would, on balance, be contrary to the public interest. OFFICIAL Page 2 of 3 OFFICIAL Clause 17 — Documents subject to contempt etc A document is an exempt document if it contains matter the public disclosure of which would, but for any immunity of the Crown— … (c) infringe the privilege of Parliament. FOI Disclosure Log In compliance with Premier and Cabinet Circular PC045 - Disclosure Logs for Non- Personal Information Released through Freedom of Information (PC045), DPC is required to publish a log of all non-personal information released under the Act. In accordance with this Circular, any non-personal information determined for release as part of this application will be published on the DPC website. Right to internal review If you are aggrieved with this determination, you have a right to apply for internal review under subsection 29(1) of the Act. Pursuant to subsection 29(2), your application must: be in writing be addressed to the principal officer, and be lodged at an office of DPC, or emailed to [email protected] within 30 days after the day on which you receive this letter or within such further time as the principal officer may allow. If you have any questions in relation to this matter, please contact Denise Cranwell, Freedom of Information Officer, on telephone (08) 8429 7312 or via email at [email protected]. Yours sincerely Eamonn Maloney Accredited Freedom of Information Officer Office of the Chief Executive Department of the Premier and Cabinet 30 / 06 / 2021 OFFICIAL Page 3 of 3 OFFICIAL SCHEDULE OF DOCUMENTS File Number: DPC21/0677 Applicant: Hon Kyam Maher MLC This schedule of documents accompanies a determination made in relation to your request submitted under the Freedom of Information Act 1991 seeking access to: All emails, text messages, notes, memos, diary entries, correspondence and any other documents held by the Premier or any current or previous staff members of the Premier that mention or relate to Annabel Digance or Greg Digance. Date Range: 01/01/2020 - 16/04/2020 No. Date Document description Exemption clauses Determination 1. 29/03/2021 Email – FW: Digance release Nil exemptions Full release 2. 03-29 Digance investigation.docx 9(1)(a)(i) opinion or advice Refuse release 3. 29/03/2021 Email – Digance release Nil exemptions Full release 4. 03-29 Digance investigation.docx 9(1)(a)(i) opinion or advice Refuse release 5. 29/03/2021 Email – Fwd: Digance release Nil exemptions Full release 6. 03-29 Digance investigation.docx 9(1)(a)(i) opinion or advice Refuse release 7. 29/03/2021 Email – Fwd: Diagance release Nil exemptions Full release 8. 29/03/2021 Email – MR – Digance – DRAFT Nil exemptions Full release 9. 20210329 – Digance – DRAFT.docx 9(1)(a)(i) opinion or advice Refuse release OFFICIAL Page 1 of 5 OFFICIAL SCHEDULE OF DOCUMENTS No. Date Document description Exemption clauses Determination 10. 29/03/2021 Email – Digance Transcript Nil exemptions Full release 11. ABC Radio Adelaide Annabel Digance.docx Nil exemptions Full release 12. 29/03/2021 Email – Digance DRAFT Nil exemptions Full release 13. 20210329 – Digance – DRAFT2.docx 9(1)(a)(i) opinion or advice Refuse release 14. 29/03/2021 Email – 20210329 – Digance – DRAFT2 Nil exemptions Full release 15. 20210329 – Digance – DRAFT2.docx 9(1)(a)(i) opinion or advice Refuse release 16. 29/03/2021 Email – RE: Digance Transcript Nil exemptions Full release 17. 20210329 – Digance – FINAL.pdf Nil exemptions Full release 18. 29/03/2021 Email – Malinauskas must respond to shocking allegations of toxic Labor Nil exemptions Full release Party culture 19. Malinauskas must respond to shocking allegations of toxic Labor Party Nil exemptions Full release culture 20. 30/03/2021 Email – 20210330 – Committee Notice – DRAFT Nil exemptions Full release 21. 20210330 – Committee Notice – DRAFT.docx 9(1)(a)(i) opinion or advice Refuse release 22. 30/03/2021 Email – 20210330 – Committee Notice – DRAFT Nil exemptions Full release 23. 20210330 – Committee Notice – DRAFT.docx 9(1)(a)(i) opinion or advice Refuse release 24. 30/03/2021 Email – 20210330 – Committee Notice – DRAFT Nil exemptions Full release OFFICIAL Page 2 of 5 OFFICIAL SCHEDULE OF DOCUMENTS No. Date Document description Exemption clauses Determination 25. 20210330 – Committee Notice – DRAFT.docx 9(1)(a)(i) opinion or advice Refuse release 26. 30/03/2021 Email – 20210330 – Committee Notice – DRAFT Nil exemptions Full release 27. 20210330 – Committee Notice – DRAFT.docx 9(1)(a)(i) opinion or advice Refuse release 28. 30/03/2021 Email – Document1 Nil exemptions Full release 29. Document1.docx – House of Assembly Notice of Motion 17(c) – Parliamentary privilege Refuse release 30. 30/03/2021 Email Nil exemptions Full release 31. Government moves to establish committee to investigate Labor’s toxic Nil exemptions Full release culture.pdf 32. 30/03/2021 Email – Government moves to establish committee to investigate Labor’s Nil exemptions Full release toxic culture 33. Government moves to establish committee to investigate Labor’s toxic Nil exemptions Full release culture.pdf 34. 30/03/2021 Email – here you go Nil exemptions Full release 35. Malinauskas must respond to shocking allegations of toxic Labor Party Nil exemptions Full release culture 36. 31/03/2021 Email – FYI Nil exemptions Full release 37. 20210331 – Committee Digance Pass – DRAFT.docx 9(1)(a)(i) opinion or advice Refuse release 38. 31/03/2021 Email – Draft – Motion Pass/Fail Nil exemptions Full release 39. 20210331 – Committee Digance Pass – DRAFT.docx 9(1)(a)(i) opinion or advice Refuse release OFFICIAL Page 3 of 5 OFFICIAL SCHEDULE OF DOCUMENTS No. Date Document description Exemption clauses Determination 40. 20210331 – Committee Digance Pass – DRAFT3.docx 9(1)(a)(i) opinion or advice Refuse release 41. 31/03/2021 Email – for lucy :) Nil exemptions Full release 42. 20210331 – Redress – DRAFT.docx 9(1)(a)(i) opinion or advice Refuse release 43.
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