~,,1. Premier NSW-- GOVERNMENT & Cabinet

Ref: A3703926

Mr David Blunt Clerk of the Parliaments Legislative Council Parliament House Macquarie Street Sydney NSW 2000

Dear Mr Blunt

Order for Papers - Funding for Independent Disability Advocacy Services I refer to the above resolution of the Legislative Council under Standing Order 52 made on 17 June 2020 and your correspondence of that date. I am now delivering to you documents referred to in that resolution. The documents have been obtained from: • Office of the Minister for Families, Communities and Disability Services • Department of Communities and Justice (DCJ), and • NSW Treasury. Enclosed at Annexure 1 are certification letters from the following officers certifying that, to the best of their knowledge, either all documents held and covered by the terms of the resolution and lawfully required to be provided have been provided or that no documents are held: • Chief of Staff, Office of the Treasurer • Chief of Staff, Office of the Minister for Families, Communities and Disability Services • Secretary, NSW Treasury • Secretary, DCJ. The letter from the Secretary of DCJ advises that DCJ are providing the first tranche of documents that are caught by the resolution. The letter also advises that it will provide the second and final tranche to the Department of Premier and Cabinet by Friday, 10 July 2020. DCJ will also provide the required certification at that time. Enclosed at Annexure 2 is an index of all the non-privileged documents that have been provided in response to the resolution. In accordance with Item 5(a) of Standing Order 52, those documents for which a claim for privilege has been made have been separately indexed and the case for privilege has been noted. Enclosed at Annexure 3 is an index of all privileged documents and a submission in support of the case for privilege. I note that submissions in support of a claim of privilege may sometimes reveal information that is privileged. To the extent that they do, such submissions should be considered to be subject to the same confidentiality as the documents over which the privilege claim is made.

52 Martin Place, Sydney NSW 2000 • GPO Box 5341, SYDNEY NSW 2001 Tel: (02) 9228 5555 • www.dpc.nsw.gov.au Should you require any clarification or further assistance, please contact Ms Kate Boyd, General Counsel, on telephone (02) 9228 4393. Yours sincerely

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8 July 2020 oft('{t, Y?ir4 //Jrt -;tAW~ ~ ~14- ;/ if . JP;-, ()~& f :fvv/:J 'X) 11) NSW-- The Hon. MP 4''"ooveRNMENr Trea surer

23 June 2020

Mr Matt Richards Acting Executive Director, Legal Department of Premier and Cabinet

By email: [email protected]

Dear Mr Richards

I refer to your reference no. A3683543, and to a resolution under Standing Order 52 passed in the Legislative Council on 17 June 2020 regarding funding for independent disability advocacy services.

I certify to the best of my knowledge this office holds no documents covered by the terms of the resolution and lawfully required to be provided.

Should you require more information, please contact the Treasurer's Parliamentary Director, Chris Ashton on 0439 67 4 715.

Yours sincerely

Nigel Freitas Chief of Staff Mr Matt Richards A/Executive Director, Legal Department of Premier and Cabinet Level 14, 52 Martin Place Sydney NSW 2000

Standing Order 52 - Order for Papers - Funding for Independent Disability Advocacy Services

I refer to the resolution of the Legislative Council of 17 June 2020 under Standing Order 52 in relation to funding for independent disability advocacy services.

I certify to the best of my knowledge that all documents held by the Office of the Minister for Families, Communities and Disability Services that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

If your staff have any questions, please contact me on 02 8574 6050.

Yours sincerely

Chief of Staff Treasury

Contact: Tim Jap Telephone: 9228 4077 Our reference: T A20/4013 Your reference: A366 1646

Mr Matt Richards A/Executive Director, Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mr Richards,

Standing Order 52 - Order for Papers - Funding for the Independent Disability Advocacy Services

I refer to the above Le gislative Council's Standing Ord er 52 passed on 17 Jun e 2020.

The Ord er ca lls for the tabling of all documents concerning motions of the House passed on 8 August 2019 and 27 February 2020, all documents concerning recommendations provided in the Ageing & Disability Commissioner' s report entitled "Review into Disability Advocacy in NSW'', and all documents concerning the funding of th e injependent disability advocacy services.

The resolution requires th e tabling of papers by Wednesday 8 July 2020.

The documents have been in dexed into two groups. Firstly, a document wi th no privilege attached, and secondly, pri vileged documents. The claimed privileges are set out in th e attached index.

Certification

I certify that all documents held by Treasury, oth er than Cabinet documents, are prod uced in response to th e Order.

If you require further information, please con tact Tim Jap, Associate Director, Information Access and Governance on (02) 9228 4077 or at [email protected]

Yours sincerely

Michael Pr..... ~ui Secretary

,W ·July 2020

GPO Box 5469, Sydney NSW 2001 • Telephone: (02) 9228 4567 • www.treasury.nsw.gov.au ,,,, NSW Communities GOVERNMENT & Justice

Mr Matt Richards A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000 Ref: LGF20/8032

Attention: Amanda Villani (9228 5990)

Dear Mr Richards

Standing Order 52 - Order for Papers - Funding for Independent Disability Advocacy Services: Your reference A3683543

I refer to correspondence dated 19 June 2020 from Ms Kate Boyd , General Counsel, advising of the terms of above Standing Order.

In compliance with the resolution and as it relates to the Department of Communities and Justice, please find attached a schedule of non-privilege material together with a copy of the documentation detailed.

I also confirm discussion with your staff that the material provided under cover of this letter is only Tranche 1 of the documents ca ught. The final materia l, as per Tranche 2, will be provided to your Office by Friday 10 July 2020 together with details of the time and costs involved in responding to the Standing Order. I will at that time also forward a further letter with the required certification as to compliance with the Standing Order.

Yours sincerely tU C?ffev- Michael Coutts-Trotter Secretary

Enclosed: Tranche 1 documentation non privileged

Department of Communities and Justice Postal address: Locked Bag 10, Strawberry Hills NSW 2012 W www.dcj.nsw.qov.au T (02) 9377 6000 I TTY (02) 8270 2167 ABN 36 433 875 185 N NSW Treasury

ORDER FOR PAPERS - Funding for Independent Disability Advocacy Services

NON-PRIVILEGED DOCUMENTS

Document No. Relevant Document Date of creation Author Privilege claim para of the Order Y/N

Doc 1 2(a), 2(c) Letter from Treasurer to Minister Ward regarding funding of the 30 January 2020 Treasurer's N Transitional Advocacy Funding Supplement. Office

Doc 2 2(a), 2(c) Email between Treasury Staff regarding disability advocacy 23 November 2019 Treasury N funding.

Doc 3 2(a), 2(c) Email between Treasurer's Office and Treasury regarding 15 December 2019 Treasurer's N advocacy funding. Office

Doc4 2(a), 2(c) Emails between Treasury Staff regarding disability advocacy 3 December 2019 Treasury N funding.

Doc 5 2(a), 2(c) TAFS funding to service providers. Attachment to email. 11 November 2019 DCJ N Attachment 1 Office of the Minister for Families, Communities and Disability Services

ORDER FOR PAPERS - Funding for Independent Disability Advocacy Services

NON-PRIVILEGED DOCUMENTS

Document No. Document Date of Creation Author Privilege Claim Y/N? (2)(b) 1 Media Release - NSW Ageing 13/08/2019 Office of the NSW Ageing and N and Disability Commissioner Disability Commissioner (2)(b) 2 Meeting request - the Hon 11/09/2020 Office of the Hon Gareth N MP and NSW Ward MP Ageing and Disability Commissioner (2)(b) 3 NSW Ageing and Disability 18/12/2019 Office of the NSW Ageing and N Commissioner Report 'Review Disability Commissioner into Disability Advocacy Funding' (2)(b) 4 Media Release - The Hon 19/12/2019 Office of the Hon Gareth N Gareth Ward MP Ward MP (2)(c) 1 Letter from the Hon Gareth 29/04/2019 Department of Communities N Ward MP to the Hon and Justice MP (2)( c) 2 Meeting Brief - the Hon Gareth 1/05/2019 Department of Communities N Ward MP - NSW Disability and Justice Advocacy Alliance (2)(c) 3 Meeting Brief - the Hon Gareth 6/05/2019 Department of Communities N Ward MP - Physical Disability and Justice Council of NSW (2)(c) 4 Letter from Ms Serena Ovens to 10/05/2019 Physical Disability Council N the Hon Gareth Ward MP NSW (2)(c) 5 Meeting Brief - the Hon Gareth 15/05/2019 Department of Communities N Ward MP - Council for and Justice Intellectual Disabilitv (2)(c) 6 Meeting Brief - the Hon Gareth 1/06/2019 Department of Communities N Ward MP - Physical Disability and Justice Council of NSW (2)( c) 7 Letter from the Hon Gareth 6/06/2019 Department of Communities N Ward MP to Mr Greq Piper MP and Justice (2)(c) 8 Meeting Brief - the Hon Gareth 12/06/2019 Department of Communities N Ward MP-Achieve Australia and Justice (2)(c) 9 Approval brief Transitional 27/06/2019 Department of Communities N Advocacy Funding Supplement and Justice for Intellectual Disability Rights Service (IDRS) (2)(c) 10 Meeting Brief - the Hon Gareth 1/07/2019 Department of Communities N Ward MP - Life without Barriers and Justice (2)( C) 11 Meeting Brief - the Hon Gareth 9/07/2019 Department of Communities N Ward MP - People with and Justice Disability Australia (2)(c) 12 Letter from the Hon Gareth 09/07/2019 Department of Communities N Ward MP to Ms MP and Justice (2)(c) 13 Letter from the Hon Gareth 18/07/2019 Department of Communities N Ward MP to the Hon and Justice MP (2)(c) 14 Letter from the Hon Gareth 19/07/2019 Department of Communities N Ward MP to Mr MP and Justice (2)(c) 15 Letter from the Hon Gareth 19/07/2019 Department of Communities N Ward MP to the Hon Gabrielle and Justice Upton MP (2)(c) 16 Letter from the Hon Gareth 23/07/2019 Department of Communities N Ward MP to Ms Serena Ovens and Justice (2)(c) 17 Letter from the Hon Gareth 23/07/2019 Department of Communities N Ward MP to Ms and Justice MP (2)(c) 18 Letter from the Hon Gareth 23/07/2019 Department of Communities N Ward MP to Mr James Griffin and Justice MP (2)(c) 19 Letter from the Hon Gareth 23/07/2019 Department of Communities N Ward MP to the Hon Kevin and Justice Anderson MP (2)(c) 20 Letter from the Hon Gareth 23/07/2019 Department of Communities N Ward MP to Mrs and Justice MP (2)(c) 21 Letter from Ms 23/07/2019 Department of Communities N MP to Mr Jamie Parker MP and Justice (2)(c) 22 Letter from the Hon Gareth 23/07/2019 Department of Communities N Ward MP to the Hon and Justice MP (2)(c) 23 Letter from the Hon Gareth 23/07/2019 Department of Communities N Ward MP to Mr and Justice MP (2)(c) 24 Letter from Ms Melanie Gibbons 30/07/2019 Department of Communities N MP to Mr Jamie Parker MP and Justice (2)(c) 25 Letter from Mr Paul O'Reilly to 31/07/2019 Department of Communities N Ms Sarah Butler and Justice (2)(c) 26 Referral from the Hon Gabrielle 31 /07/2019 Department of Communities N Upton to the Hon Gareth Ward and Justice MP (2)(c) 27 Letter from the Hon Gareth 02/08/2019 Department of Communities N Ward MP to Lord Mayor Clover and Justice Moore (2)(c) 28 Letter from the Hon Gareth 05/08/2019 Department of Communities N Ward MP to Ms Wendy and Justice Tuckerman MP (2)(c) 29 Meeting Brief - the Hon Gareth 27/08/2019 Department of Communities N Ward MP - People with and Justice Disability Australia and Youth Action (2)(c) 30 Meeting Brief - the Hon Gareth 28/08/2019 Department of Communities N Ward MP - Autism Advisory and and Justice Support Service (2)(c) 31 Meeting Brief - the Hon Gareth 3/09/2019 Department of Communities N Ward MP - Spinal Cord Injuries and Justice Australia (2)(c) 32 Letter from the Hon Gareth 18/09/2019 Department of Communities N Ward MP to the Hon David Elliot and Justice MP (2)(c) 33 Meeting Brief - the Hon Gareth 1/10/2019 Department of Communities N Ward MP - Australian Centre and Justice for Disability Law (2)(c) 34 Meeting request from 1/ 11 /2019 Multicultural Disability N Multicultural Disability Advocacy Advocacy Association Association to the Hon Gareth Ward MP (2)(c) 35 Letter from the Hon Gareth 05/11 /2019 Department of Communities N Ward MP to Ms Liz Wall-Smith and Justice (2)( c) 36 Letter from the Hon Gareth 05/11 /2019 Department of Communities N Ward MP to Ms and Justice MP (2)(c) 37 Letter from the Hon Gareth 13/11 /2019 Department of Communities N Ward MP to the Hon Anne and Justice Ruston (2)( c) 38 Meeting Brief - the Hon Gareth 27/11 /2019 Department of Communities N Ward MP - Family Advocacy and Justice (2)(c) 39 Meeting Brief - the Hon Gareth 04/12/2019 Department of Communities N Ward MP - Deaf Blind and Justice Association (2)( c) 40 Meeting Brief - the Hon Gareth 20/01 /2020 Department of Communities N Ward MP - Down Syndrome and Justice NSW (2)(c)41 Letter from the Hon Gareth 28/01 /2020 Department of Communities N Ward MP to Cr Kristy McBain and Justice (2)(c) 42 Letter from the Hon Gareth 24/02/2020 Department of Communities N Ward MP to Ms and Justice MP (2)( c) 43 Meeting Brief - the Hon Gareth 24/02/2020 Department of Communities N Ward MP - Council for and Justice Intellectual Disability (2)( c) 44 Letter from the Hon Gareth 27/02/2020 Department of Communities N Ward MP to Ms Helen Julian and Justice (2)(c) 45 Letter from the Hon Gareth 15/03/2020 Department of Communities N Ward MP to Mr and Justice MP (2)( c) 46 Meeting Disclosures from 31 /03/2020 Office of the Hon Gareth N Meeting with Disability Ward MP Advocacy Orqanisations (2)(c) 47 Meeting Brief - the Hon Gareth 15/04/2020 Department of Communities N Ward MP - Family Advocacy and Justice (2}(c) 48 Meeting Brief - the Hon Gareth 28/04/2020 Department of Communities N Ward MP - People with and Justice Disability Australia (2)(c) 49 Meeting Brief - the Hon Gareth 28/04/2020 Department of Communities N Ward MP - Muscular Dystrophy and Justice NSW (2)(c) 50 Letter from the Hon Gareth 08/05/2020 Department of Communities N Ward MP to Ms Serena Ovens and Justice (2)( c) 51 Briefing note to approve the 14/05/2020 Department of Communities N continuation of disability and Justice advocacy funding to the end of 2020 (2)(c) 52 Letter from the Hon Gareth 18/05/2020 Department of Communities N Ward MP to Mr and Justice MP (2)(c) 53 Letter from the Hon Gareth 11 /06/2020 Department of Communities N Ward MP to Mr Mark Tonqa and Justice (2)(c) 54 Meeting request from Physical 19/06/2020 Physical Disability Council N Disability Council NSW and NSW Minister Gareth Ward DEPARTMENT OF COMMUNITIES and JUSTICE

ORDER FOR PAPERS - Funding for Independent Disability Advocacy Services

NON-PRIVILEED DOCUMENTS

Document No. Document Date of Creation Author Privilege Claim Y/N? 1. Email Chloe Ware to FACS 16 April Department N 2(a)(c): ref EAP19/2742 Registration re representations by 2019 Matt Kean o/B StandByMe

Briefing Note Department Family & Department N Community Services to Minister re 17 April representation by Matt Kean MP o/b 2019 NSW Disability Advocacy Alliance

Ltr from Minister to Matt Kean MP on behalf of NSW Disability Advocacy Minister N Alliance 29 April Draft Letter from Minister Ward to 2019 Matt Kean MP with mark ups Minister N

Undated 2. Ltr from Minister to Paul Toole MP Minister N 2(a): ref EAP19/27 49 Emails (x4) Department Family & Community Services Department N registration/progressing of correspondence from Minister Toole to Minister registration/progressing of correspondence from Minister Toole to Minister

Email Minister Toole to Minister Paul Toole N Ward's Office

3. Briefing Note Department Family & 22 July 2019 Department of Family & N 2(a): ref EAP19/2760 Community Services to Minister re Community Services Autism Aspergers Advocacy Australia - disability support 24 July 2019 Minister/Parliamentary N Ur from Parliamentary Secretary Secretary Melanie Gibbons MP to Minister Ward o/b Austism Aspergers Advocacy Australia - advocacy support from Synapse

Email Department of Family & 23 July 2019 Department of Family & N Community Services progressing Community Services representations from Autism Aspergers Advocacy Australia

Emails (x2) Department of Family & Community Services registering 26 April 2019 Department of Family & N representations from Autism Community Services Aspergers Advocacy Australia

Email Minister's Office to Department attaching Bob Buckley representations 17 April 2019 Minister's Office N

4. Email Minister's Office to 18April2019 Minister's Office N 2(a)(c): ref: EAP19/2795 Department re acceptance of meetinq Email Allocations Commissioning to 23 April 2019 Department of Family & N Allocations Disability re meeting with Community Services Serena Ovens (FACS)

Briefing Note Department to Minister re NSW Disability Alliance request 24 April 2019 N for meeting re funding Department of FACS

Email Department to Alejandro Espinosa; John-Paul Brookes; Chloe Ware re meeting 26 April 2019 N Department of FACS Email Radmila Brizgala to MAPS Rapid re meeting brief 26 April 2019 N Email MAPS to Allocations Department of FACS Commissioning re representation status 26 April 2019 N Department of FACS

5. Ur Parliamentary Secretary Melanie 23 July 2019 Minister/Parliamentary N 2(a)(c): ref EAP19/2922 Gibbons MP to Jamie Parker MP re Secretary funding of disability advocacy organisations

Email Department to Minister's Office progressing response 17July2019 Department N

Email trail Department allocating representations 14 & 13 July 2019 Department N

Email trail Department seeking status re Parker representations 29 & 26 April 2019 Deoartment N Email Member for Balmain attaching representations o/b NSW Disability 23 April 2019 Department N Advocacy Alliance

6. Ur Minister Ward to Kevin Anderson 23 July 2019 Minister N 2(a): ref EAP19/3015 MP o/b NSW Disability Alliance

Ur Minister Ward to Felicity Wilson MP o/b NSW Disability Alliance

Ur Minister Ward to Tanya Davies 23 July 2019 Minister N MP o/b NSW Disability Alliance

Ur Minister Ward to James Griffin MP o/b NSW Disability Alliance 23 July 2019 Minister N

Briefing Note Department to Minister re Matt Kean MP o/b NSW Disability Advocacy Alliance 23 July 2019 Minister N

Email Minister's Office to Department seeking rework of replies to Ms Ovens, NSW Disability 17 April 2019 Department N Alliance

Email Department to Minister's Office progressing response to James Griffin MP o/b NSW Disability 19 July 2019 Minister's Office N Advocacy Alliance

Emails (x2) Department allocating James Griffin MP representations lb NSW Disability Advocacy Alliance 17 July 2019 Department N Email Davies MP to Minister o/b NSW Disability Advocacy Alliance

Email Felicity Wilson MP to Minister 30 May 2019 Department N funding for independent Disability Advocacy 29 May 2019 Member for Mulgoa N Email Minister's Office attaching representations from NSW Disability Advocacy Alliance: StandByMe position paper 23 May 2019 MemberforNorthShore N

Department allocation of James Griffin MP representations o/b NSW Minister's Office N Disability Advocacy Alliance 17 May 2019

Email Allocations Commissioning to Brian Woods re James Griffin MP representations o/b NSW Disability FACS Registration N Advocacy Alliance 15 May 2019

Email Minister's Office to Department requesting reg istration of meeting request from NSW Allocations N Disability Advocacy Alliance Commissioning 14 May 2019 Email Minister's Office to Department re Kevin Anderson correspondence for nil reply N Minister's Office/NSW 13 May 2019 Disability Advocacy Alliance 15April2019 Minister's Office

7. Briefing Note Department to Minister 13 May 2019 Department N 2(a): ref EAP19/3287 re MP representations for disability advocacy services

Ltr from Greg Piper MP to Minister Ward 3 May 2019 Greg Piper MP N

Ltr from Minister Ward to Greg Piper MP 6 June 2019 Minister N

Email FACS Registration to Minister Ward progressing Greg Piper MP 23 May 2019 Department N representations

Email FACS Registration to Allocations Commissioning 9 May 2019 Department N

Email Allocations Commissioning to Brian Woods re representations by 9 May 2019 Department N Greg Piper MP

Email and Ltr from Greg Piper MP to Minister re budget submission

3 May 2019 Greg Piper MP N

8. Ltr Minister to NSW Disability 23 July 2019 Minister N 2(a):ref EAP19/3438 Advocacy Alliance Email Department to Minister 17July2019 Department N replying to NSW Disability Advocacy Alliance N

Email Paul O'Reilly to Allocations 16 July 2019 Department Commissioning re reply to NSW Disability Advocacy Alliance

Email Allocations Commissioning to N Allocations Disability re representations forwarded from 13 May 2019 Department Minister for Health o/b NSW Disability Advocacy Alliance

Email Allocations Commissioning to Brian Woods re NSW Disability N Advocacy Alliance 10 May 2019 Department Email Attorney General to Minister re NSW Disability Advocacy Alliance

N Department 1 May 2019 9. Email Mark Coure MP Member for 23 May 2019 Member for Oatley N .. 2(a): ref EAP19/3921 Oatley to Minister o/b Simone Stanford Email FACS Registration to 27 May 2019 Department N Allocations Commissioning re Mark Coure MP representations o/b Simone Stanford

Email Allocations Commissioning to 28-27 May 2019 Department N Brian Woods re Mark Coure MP representations o/b Simone Stanford Email Christine Campbell to Minister's Office re Mark Coure MP response for progressing 17July2019 Department N

Email Radmila Brizgala to FACS Registration re progressing of reply to Mark Coure MP 17 July 2019 Department N

Ltr Minister to Mark Coure MP o/b Simone Stanford 19 July 2019 Minister N

10. Ltr Minister to MP Undated Minister N 2(a): ref EAP19/3922 o/b Peter Dracakis

Emails (x2) Department to Minister progressing reply to Gabrielle Upton 17July2019 Department N MP o/b Peter Dracakis

Email Paul O'Reilly to Allocations Commissioning re reply to Gabrielle Upton MP o/b Peter Dracakis 16 July 2019 Department N

Email Allocations Commissioning to Brian Woods re representations by Gabrielle Upton MP o/b Peter Department N Dracakis 27 May 2019

Email FACS Registration to Allocations Commissioning re Gabrielle Upton MP representations Department N o/b Peter Dracakis 27 May 2019 Email Member for Vaucluse to Minister o/b Peter Dracakis

Gabrielle Upton MP N 24 May 2019 11 . Email Commissioning attaching letter 31July 2019 Department N 2(a): ref EAP19/4975 to Sarah Butler re Physical Disability Council of NSW funding

Ur per email from Paul O'Reilly to Sarah Butler re Physical Disability 31July 2019 Paul O'Reilly N Council of NSW

Email Commissioning to Brian Woods re Sarah Butler 1 July 2019 representations Department N Email Castle Hill Electorate Office to Minister o/b Sarah Butler and 27 May 2019 funding for Physical Disability Council of NSW Member for Castle Hill N

12. Ur Minister to John Sidoti MP o/b 23 July 2019 Minister N 2(a): ref EAP4978 Trevor Parmenter re Physical Disability Council of NSW

Email FACS Registration to Minister re reply to Mr Parmenter 22 July 2019 Department N

Email Allocations Commissioning to Brian Woods re allocation of Trevor Parmenter representations 27 June 2019 Department N 13. Ltr Parliamentary Secretary Melanie 30 July 2019 Parliamentary N 2(a): ref EAP19/4998 Gibbons MP to Jamie Parker MP o/b Secretary/Minister Ms Ya'el Frisch

Email Allocations Commissioning to 25 July 2019 Department Brian Woods re Jamie Parker N representations o/b Ms Ya'el Frisch

Email FACS Registration to Minister re progressing Jamie Parker MP 25 July 2019 Department N representation o/b Ms Ya'el Frisch

Email Allocations Commissioning to Brian Woods re Jamie Parker MP representations o/b Ms Ya'el Frisch 27 June 2019 Department N

Email Louise Dingwall to Allocations Commissioning re Jamie Parker MP o/b Ms Ya'el Frisch

26 June 2019 Department N

14. Email Department to Minister Ward 31 July 2019 Department N 2(a): ref EAP19/5017 progressing reply to MP o/b NSW Disability Advocacy Alliance

Briefing Note Department to Minister re Wendy Tuckerman MP 26 July 2019 Department N representations o/b NSW Disability Advocacy Alliance

Ur Minister to Wendy Tuckerman 5 August 2019 Minister N MP in reply to representations o/b NSW Disability Advocacy Alliance

Email FACS Registration to Allocations Commissioning re 3 July 2019 representations by Ms Tuckerman Department N MP o/b NSW Disability Advocacy Alliance

Email Allocations Commissioning to Brian Woods re representations by 31 July2019 Ms Tuckerman MP o/b NSW Department N Disability Advocacy Alliance

Email DPC to Minister re correspondence to cc'd to the Premier 24 June 2019 DPC N Email Physical Disability Council of NSW to Minister Serena Ovens N 20 June 2019

15. Lt Minister to Chris Gulaptis MP o/b 23 July 2019 Minister N 2(a):ref EAP19/5037 Alex Purvis

Email FACS Registration to Minister 19July2019 Department N progressing Purvis correspondence

Email trail Allocations Commissioning to Brian Woods re 27 & 26 June 2019 Department N Purvis correspondence Email Clarence Electorate Office to Minister re representations o/b Alex 19June2019 Clarence Electorate N Purvis office

16. Ltr Minister to Julia Finn MP o/b 9 July 2019 Minister N 2(a):ref EAP19/5089 NSW Disability Alliance Department N Email Department to Minister's 4July2019 Office progressing Julia Finn MP reply Department N Email FACS Registration to 27 June 2019 Allocations Commissioning re Wendy Tuckerman MP representations o/b NSW Disability Advocacy Department N Email trail FACS Allocations 27 June 2019 Commissioning to Tanya Smith re Wendy Tuckerman MP representations o/b NSW Disability Advocacy Department N

Email trail Commissioning to Rory 27 June 2019 O'Neill; Richard Hawkins re Wendy Tuckerman MP representations o/b NSW Disability Advocacy Department N Email trail Allocations Commissioning to Brian Woods re 27 June 2019 Wendy Tuckerman MP representations o/b NSW Disability Advocacy Serena Ovens N Email Serena Ovens to Minister re Bill recommendation 20 June 2019

17. Briefing Note Department to Minister 25 June 2019 Department N 2( c )ref: SGM 19/1309 re 2019-2020 Transitional Advocacy (AF19/19823) Funding Supplement (TAFS) for Intellectual Disability Rights Service (IDRS)

Email Minister's Office to Allocations Commissioning re correspondence 18 July 2019 Minister's Office N from local MPs about IDEAS funding

Email FACS Registration to Minister's Office progressing briefing note Department N 5 July 2019 Email ODS Commissioning to FACS Registration endorsing briefing note to Minister re transitional advocacy Department N funding supplement 5 July 2018

Email Paul O'Reilly to Brian Woods approving briefing note being progressed

Ltr Brian Woods to Janene Cootes Department N AM, Intellectual Disability Rights 25 June 2019 Service re 2019-2020 Transitional Advocacy Funding Supplement Department N Email trail Allocations Not dated Commissioning to Minister's Office re 2019-2020 transitional advocacy funding supplement for Intellectual Disability Rights Service 30-18 July 2019 Department/Minister's N Office Email trail Allocations Commissioning to Brian Woods re approval of brief on 2019-202 transitional advocacy funding supplement for Intellectual Disability Rights Service 18July2018 N Department/Minister's Office

18. Ur Minister to Clover Moore, Lord 2 August 2019 Minister N 2( c )ref: EAP19/5813 Mayor or Sydney o/b independent disability advocacy

Email Department to Minister 29 July 2019 Department N progressing reply to Clover Moore

Ltr Clover Moore to Minister 5 July 2019 Clover Moore, Lord N Email Radmila Brizgala to Mayor Allocations - Disability re 18 July 2019 N representations from Clover Moore, Radmila Brizgala Lord Mayor

Email FACS Registration to Allocations Commissioning re 17July2019 N representations by Clover Moore Department

19. Ur Minister to Older Women's Undated Minister N 2( c )ref: EAP19/6445 Network NSW Inc re funding for disability advocacy organisations and bevond Email Minister's Office to FACS 14 November 2019 Minister's Office N Registration instructing closure or matter re Older Women's Network NSW Inc

Email Minister's Office to FACS 14 November 2019 Registration re Older Women's Department N Network NSW Inc representations

Email FACS Registration to Allocations Commissioning re 13 September 2019 representations by Older Women's Department N Network NSW Inc and draft acknowledgment

Email trail Allocations Commissioning to Brian Woods re 7 August 2019 Department N Older Women's Network NSW Inc representations

Email Tracy Hogan to Allocations Commissioning re Older Women's 7 August 2019 Department N Network NSW Inc representations

Emails Minister's Office to Sophia Galvin attaching representations by Older Women's Network NSW 2 August and 8 July Minister's Office N 2019 20. Ur Minister to David Elliot MP o/b 18 September 2019 Minister N 2( c )ref: EAP19/7363 Baulkham Hills constituents and Maree MacDermid re funding

17 Seotember 2019 Department N Email FACS Registration to Minister's Office progressing reply to Minister Elliot Department N Email trail Allocations Commissioning to Brian Woods re 6 September 2019 Minister Elliot representations Department N Email FACS Registration to Allocations Commissioning re 6 September 2019 Minister Elliot representations Minister's Office N Email Minister's Office to Sophia Galvin re David Elliot representations 3 September 2019 o/b MacDermid and constituents

21 . Email FACS Correspondence to Liz 6 November 2019 Department N 2( c )ref: EAP19/8467 Wall-Smith attaching Minister's reply

Ur Minister to Liz Wall-Smith re funding for disability advocacy 5 November 2019 Minister N organisations

Email Department to Minister's Office progressing reply to Liz Wall- 28 October 2019 Department N Smith

Email Radmila Brizgala to FAS Registration progressing Liz Wall- 28 October 2019 Radmila Brizgala N Smith representations

15 October 2019 Deoartment N Email Allocations Commissioning to Brian Woods re Liz Wall-Smith representations

Email FACS Registration to Department N Allocations Commissioning re Liz 14 October 2019 Wall-Smith representations

Email Minister's Office to Sophia Minister's Office N Galvin attaching Liz Wall-Smith's 9 October 2019 funding representations forwarded byDPC

22. Ur Minister to Gurmesh Singh MP 5 November 2019 Minister N 2(c)ref: EAP19/8978 o/b Robert Manwaring, Regional Coordinator/Advocate, Disability Advocay NSW

Email Department to Minister's 28 October 2019 Department N Office progressing reply to Mr Singh MP

Email Minister's Office to Sophia 10 October 2019 Minister's Office N Galvin re attaching Singh MP representations 2 October 209 N Email Robert Manwaring to Member 1 October 2019 Robert Manwaring for Coffs Harbour, Gurmesh Singh MP

23. Ur Minister to Gurmesh Singh MP Undated Minister N 2( c )ref: EAP19/8512 o/b Robert Manwaring, Regional Coordinator/Advocate, Disability Advocacy NSW Email Radmila Brizgala to FACS 28 October 2019 Department N Registration re progressing reply to Mr Singh MP

Email Minister's Office to Sophia 16 October 2019 Minister's Office N Galvin attaching Singh MP representations dated 2 October 2019

Email Allocations Commissioning to 15 October 2019 Department N Brian Woods re Mr Singh MP representations

Emil FACS Registration to 14 October 2019 Department N Allocations Commissioning re Singh MP representations o/b Robert Manwaring

Ltr Gurmesh Singh MP to Minister 2 October 2019 Mr Singh MP N o/b Robert Manwaring

24. Briefing Note: Department to Minister 7 November 2019 Department N 2( c }ref: EAP19/9218 re representations from The Hon Anne Ruston, Minister for Families and Social Services on commitment to continuing funding for disability advocacy

Ur Minister to The Hon Anne 13 November 2019 Minister N Rushton

Email Sarah Fuernsinn to Minister's 8 November 2019 Department N Office progressing response Email trail Allocations 7 - 4 November Department N Commissioning to Allocations 2019 Disability

Email trail Allocations Department N Commissioning to Jane Retallick; 5 - 4 November Tanya Smyth 2019

Email trail Allocations Commissioning to Allocations Department N Disability 5 - 4 November Email trail Allocations 2019 Commissioning to Brian Woods Department N

Email Tracy Hogan to Allocations Commissioning 4 November 2019 Department N

4 November 2019 25. Email Radmila Brizgala to MAPS re 22 November 2019 Department N 2( c )ref: EAP19/9263 progressing approval of meeting briefing

Email FACS Registration to 22 November 2019 Department N Minister's Office progressing briefing note re meeting with Institute for Family Advocacy and Leadership Development

Briefing Note Department to Minister 13 November 2019 Department N re meeting with Institute for Family Advocacy and Leadership Development Email Treasurer to Minister o/b 5 September 2019 Treasurer N Family Advocacy request to meet

Email Minister's Office to Sophia Galvin - email link to Treasurer's Minister's Office N representations 5 November 2019 Email FAGS Registration to MAPS re meeting with Family Advocacy Department N

Email trail Allocations 4 November 2019 Commissioning to Brian Woods re meeting request Department N

Email FAGS Registration to MAPS re 4-5 November 2019 meeting with Family Advocacy Department N

4 November 2019 26. Email FAGS Registration to 27 November 2019 Department N 2( c )ref: EAP19/9294 Minister's Office re Irene McMinn, Deaf Blind Association NSW Inc meeting request

Email trail Commissioning Inclusion 25-21 November Department N to Allocations Commissioning re 2019 Irene McMinn meeting request

Email trail Carolyn DMello to Richard Hawkins re NDIS claims and TAFS Department N funding/Deaf Blind Association NSW 21-6 November Inc 2019

Deoartment N Briefing Note Department to Minister re meeting with Irene McMinn, Deaf 18 November 2019 Blind Association NSW Inc

Email trail Minister's Office re holding Minister's Office N meeting 6-5 November 2019 Email trail Megan Hands to Carolyn Department N DMello re Deaf Blind Association NSW Inc funding 7-6 November 2019

Email Alan McMurray to Allocations Department N Disability re funding 7-6 November 2019 Email trail Minister's Office to Kaitlin Minister's Office N Veleski re meeting date for meeting with Irene McMinn 6-5 November 2019

Email trail Allocations Commissioning to Brian Woods re Department N meeting request by Irene McMinn 5 November 2019 Email Lena Petkovska to Allocations Commissioning re meeting request by Irene McMinn Department N 5 November 2019 Email FACS Registration to MAPS re Irene McMinn meeting request

Email Minister's Office to Sophia Department N Galvin - scan of Ur Irene McMinn 5 November 2019 letter

Ltr Irene McMinn to Minister seeking Minister's Office N meetinq 23 September 2019 Irene McMinn N 13 September 2019 27. Email trail Secretary's Office to 15-14 November Department N 2(c) Departmental Officers re disability 2019 advocacy funding incorporating notes of portfolio ministerial meetinq 28. Email trail Tegan Summerill to 18 December 2019 Department N 2(b) Simone Walker, Blair Collier re Disability Advocacy Review Executive Summary 29. Email Minister's Office to Kaitlin 24 - 23 December Minister N 2(a )ref:EAP20/1683 Veleski re representations from 2019 Member for Kiama o/b Helen Julian re Disability Advocacy funding

Email FACS Registration to Allocations Commissioning re Helen Julian representations Department N 31 January 2020 Email Allocations Commissioning to Brian woods re Helen Julian representations Department N 3 February 2020 Email DCJ Workflow to Minister's Office progressing response to Helen Julian Department N 25 February 2020 Ur Minister to Helen Julian re disability funding 27 February 2020 Minister N 30. Email Minister's Office re Member for 24 December 2019 Minister N 2(a)ref: EAP19/12080 Kiama representations o/b Bega Valley Shire Council

Email FACS Registration to Allocations Commissioning re Department N Member for Kiama representations 6 January 2020 o/b Bega Valley Shire Council

Email Allocations Commissioning to Allocations Disability re Member for Kiama rep resentations Department N 7 January 2020 Email FACS Registration to Minister's Office progressing reply to Member for Kia ma

Ur Minister to Cr Kristy McBain, 17 January 2020 Department N Bega Valle Shire Council

28 January 2020 Minister N

31. Email Minister's Office to Sophia 29 January 2020 Minister N 2(a)ref: EAP20/2279 Galvin attaching representations from Tamara Smith MP o/b Serena Ovens, NSW Disability Alliance

Email FACS Registration to 11 February 2020 Department N Allocations Commissioning re Tamara Smith MP representations o/b NSW Disability Alliance Email Radmila Brizgala to Brian 11 February 2020 Woods; Commissioning re Tamara Department N Smith MP representations

Email Allocations Commissioning to 1 O February 2020 Melinda Norton Department N Email Pacita Carreon to Allocations 10 February 2020 Commissioning re Tamara Smith MP representations Department N Email Christine Campbell to 12 February 2020 Minister's Office progressing reply to Ms Tamara Smith MP Department N Ur Minister to Tamara Smith MP o/b 24 February 2020 NSW Disability Alliance

Minister N

32. Email Minister's Office to John-Paul 19 July 2019 Minister's Office N 2(a) Brookes re drafting letters to Serena Ovens SUBMISSION IN SUPPORT OF CLAIM FOR CONFIDENTIALITY AND PRIVILEGE BY THE OFFICE OF THE MINISTER FOR FAMILIES, COMMUNITIES AND DISABILITYS SERVICES ORDER FOR PAPERS - FUNDING FOR INDEPENDENT DISABILITY ADVOCACY SERVICES - 17 JUNE 2020

In accordance with the terms of the resolution agreed to by the Legislative Council on 17 June 2020, and the terms of Standing Order 52, documents have been identified for production by the Office of the Minister for Families, Communities and Disability Services and the potential application of privilege to those documents has been considered. This submission has been prepared in support of the claims for privilege made by the Office.

It is to be noted that these claims for privilege are not raised as a basis to resist production of documents that are within scope of the resolution. Rather, these claims are made, pursuant to Standing Order 52(5), to identify those documents over which privilege may be claimed, in order to allow the Legislative Council to consider the claims and in support of an application that it is in the public interest that the documents should not be made publicly available.

• Document (2)(a)1 was prepared to assist in answering questions in Parliament in response to Legislative Council Notice of Motion 52 (2019) on independent disability advocacy funding. • Document (2)(a)2 was prepared to assist in answering questions in Parliament in response to Legislative Council Notice of Motion 52 (2019) on independent disability advocacy funding. • Document (2)(a)3 was prepared to assist the Minister in answering questions that may be asked by Parliament. • Document (2)(a)4 was prepared to assist the Minister in answering questions that may be asked by Parliament.

Parliamentary privilege would apply to prevent documents of this kind from being produced to a court, or to another "place out of Parliament" within the meaning of Article 9 of the Bill of Rights 1689 (Imp) 1.

It is not suggested that parliamentary privilege would apply to prevent these documents from being produced to, or from being published by, the Legislative Council in the exercise of its constitutional functions.

It is significant, however, that it has been accepted that requiring disclosure of such documents may affect the quality of information available to Parliament. Justice Austin of the Supreme Court has stated that: 2

"It seems to me necessarily true, and not dependent upon the evidence of the particular case, that if briefings and draft briefings to Parliamentarians for Question Time and other Parliamentary debate are amenable to subpoenas and other orders for production, the Commonwealth officers whose task it is to prepare those documents will be impeded in their preparation, by the knowledge that the documents may be used in legal proceedings

1See, for example, Sportsbet Pty Ltd v Harness Racing Victoria (No 4) [2011] FCA 196 at [20]-[22]; and In the matter of Opel Networks Pty Ltd {in liq) [2010] NSWSC 142; (2010) 77 NSWLR 128. 20pe/ Networks {2010} NSWSC 142 at [118]; (2010) 77 NSWLR 128 at 134. and for investigatory purposes that might well affect the quality of information available to Parliament."

The House may therefore wish to consider what impact any publication by it of such documents could have. The House may also wish to consider what effect publication may have on the ability, in future legal proceedings, to claim parliamentary privilege on the basis identified in the extract above. Attachment 2 Office of the Minister for Families, Communities and Disability Services

ORDER FOR PAPERS - Funding for Independent Disability Advocacy Services

PRIVILEGED

Document No. Document Date of Creation Author Privilege Claim Y/N? (2)(a) 1 Notice of Motion Speech 1 18/06/2019 Department of Communities y and Justice (2)(a) 2 Notice of Motion Speech 2 18/06/2019 Department of Communities y and Justice (2)(a) 3 House Folder Note - Disability 20/06/2019 Department of Communities y Advocacy Fundinq and Justice (2)(a) 4 House Folder Note - Disability 1/1 0/2019 Department of Communities y Advocacy - fundinq shortfall and Justice SUBMISSION IN SUPPORT OF CLAIM FOR CONFIDENTIALITY AND PRIVILEGE BY THE NSW TREASURY ORDER FOR PAPERS- FUNDING FOR INDEPENDENT DISABILITY ADVOCACY SERVICES 17 JUNE 2020

In accordance with the terms of the resolution agreed to by the Legislative Council on 17 June 2020, and the terms of Standing Order 52, documents have been identified for production by the NSW Treasury and the potential application of privilege to those documents has been considered. This submission has been prepared in support of the claims for privilege made by Treasury.

It is to be noted that these claims for privilege are not raised as a basis to resist production of documents that are within scope of the resolution. Rather, these claims are made, pursuant to Standing Order 52(5), to identify those documents over which privilege may be claimed, in order to allow the Legislative Council to con sider the claims and in support of an application that it is in the public interest that the documents should not be made publicly available.

Commercial in confidence

It is submitted that one document identified and indexed as privileged contains information in relation to the commercial interests of third parties and that the public interest in their non­ disclosure outweighs the interest in their disclosure. In support of this claim, it is submitted that such information would ordinarily be protected from public disclosure under the common law or the GIPA Act.

Document 5 should be considered privileged in part as disclosure would prejudice the commercial interests of the entities that are the subject of that document. The document includes financial information of service providers. The likely prejudice caused by disclosure is considered to outweigh the public interest in disclosure of the documents.

It is common practice that Government does not disclose the details of funding provided to various service providers under Government programs, specifically in relation to funding provided to all service providers listed together, as such disclosure would reasonably prejudice their commercial activities.

Commonwealth/State Government relations

Documents 2, 3 and 4 contain information, in part, which is currently the subject negotiations on disability with the Commonwealth Government. These negotiations are yet to be finalised. Disclosing this information publicly, during the course of these negotiations, would prejudice the negotiations currently underway.

Clause l(c) of the section 14 Table in the Government Information {Public Access) Act 2009 provides an overriding public interest consideration against disclosure of information where disclosure of the information could reasonably be expected to prejudice relations with [or the obtaining of confidential information from] another government. As disclosure of the information the subject of negotiations with the Commonwealth, could reasonably prejudice these negotiations, privilege is sought in relation to part of Documents 2, 3 and 4. NSW Treasury

ORDER FOR PAPERS - Funding for Independent Disability Advocacy Services

PRIVILEGED DOCUMENTS

Document No. Relevant Document Date of creation Author Privilege claim para of the Order Y/N

Doc 2 2(a), 2(c) Email between Treasury Staff regarding disability advocacy 23 November 2019 Treasury Y - part document funding. Contains sensitive information related to ongoing Commonwealth/State negotiations.

Doc 3 2(a), 2(c) Email between Treasurer's Office and Treasury regarding 15 December 2019 Treasurer's Y - part document advocacy funding. Contains sensitive information related Office to ongoing Commonwealth/State negotiations.

Doc4 2(a), 2(c) Emails between Treasury Staff regarding disability advocacy 3 December 2019 Treasury Y - part document funding. Contains sensitive information related to ongoing Commonwealth/State negotiations.

Doc 5 2(a), 2(c) TAFS funding to service providers. Attachment to email. 11 November2019 DCJ Y - part document Contains commercial information for non-government providers.