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20September 2019 Mr Peter Malinauskas MP Leader of The

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20September 2019 Mr Peter Malinauskas MP Leader of The Government of South Australia "?tqt Primary Industries and Regions SA Our ref: CORP F2019/000404 BUSINESS SERVICES, CORPORATE SERVICES Level 16 25 Grenfell Street Adelaide SA 5000 20September 2019 GPO Box 1671 Adelaide SA 5001 DX 667 Tel 8429 0422 Mr Peter Malinauskas MP www.pir.sa.gov.au Leader of the Opposition GPO Box 572 ADELAIDE SA 5001 Dear Mr Malinauskas Determination under the Freedom of Information Act 1991 I refer to your application made under the Freedom of Information Act 1991 which was received by Primary Industries and Regions SA (PIRSA) on 19 August 2019, seeking access to the following: "Copies of any and all documents (including but not limited to hard copy or electronic briefings, minutes, reports, text messages, emails, letters, and any other correspondence) relating to departmental advice provided to the Minister for Primary Industries and Regional Development about lifting Genetically Modified Food Crops Moratorium in South Australia." Time frame: 1/07/2018 to 19/08/2019 I apologise for the short delay in responding to your application. Accordingly, the following determination has been finalised. I have located sixteen documents that are captured within the scope of your request. Determination I have determined that access to the following documents is granted in full: Doc -No Description of document No. o Pages Minute from Chief Executive, PIRSA to Minister for Primary 3 Industries and Regional Development dated 27/2/2019 re Independent Review of the South Australian GM Food Crop Moratorium Final Report - Public Release and Next Steps 1 a Attachment to Doc 1 - GM Review Findings Summary 2 lb Attachment to Doc 1 - Independent Review of South Australia's 2 Moratorium on the Cultivation of GM Food Crops - Options for Next Steps Objective ID: A4149551 Page 1 of 5 2b Attachment to Doc 2 — Independent Review of South Australia's 2 Moratorium on the Cultivation of GM Food Crops — Options for Next Steps 2c Attachment to Doc 2 — Register of third group of GM Review 2 Final Report Consultation Submissions 5 Draft minute from Chief Executive, PIRSA to Minister for 2 Primary Industries and Regional Development re Consent to Instruct Parliamentary Counsel (SA) to remove GM Crop Moratorium across all parts of South Australia excluding Kangaroo Island 6a Attachment to Doc 6 — Government gazettal notice 3 Determination 2 I have determined that access to the following document is granted in part: Doc No. Description of document No. of Pages Minute from Chief Executive, PIRSA to Minister for Primary 4 Industries and Regional Development dated 14/8/2019 re Proposed next steps re lifting of the GM Moratorium in South Australia (excluding Kangaroo Island) The information removed from the above document is pursuant to Clause 1(1)(e) of Schedule 1 of the Freedom of Information Act which states: "1 — Cabinet documents (1) A document is an exempt document — (e) if it contains matter the disclosure of which would disclose information concerning any deliberation or decision of Cabinet;" The information removed would reveal detail of a matter considered in Cabinet. Determination 3 I have determined that access to the following documents is granted in part: Doc No Description of document No. of k. Pages Minute from Chief Executive, PIRSA to Minister for Primary 4 Industries and Regional Development dated 15/4/2019 re Submissions regarding the Final Report of the Independent Review of South Australia's Moratorium on the Cultivation of GM Food Crops — Final Summary and Next Steps 2a Attachment to Doc 2 — Independent Review of South Australia's 13 Moratorium on the Cultivation of GM Food Crops - Final Report Consultation Issues Summary Objective ID: A4149551 Page 2 of 5 The information removed from the above documents is pursuant to Clause 6(1) of Schedule 1 of the Freedom of Information Act which states: "6 - Documents affecting personal affairs (1) A document is an exempt document if it contains matter the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead)." The information removed consists of the names of authors of submissions in response to the findings of the Final Report of the Independent Review of SA's Moratorium on the Cultivation of GM Food Crops. The authors did not provide consent to the publishing of their submissions on the PIRSA website. Accordingly, it is considered that disclosure of the names of the authors would be an unreasonable intrusion into the privacy rights of the individuals concerned. Determination 4 I have determined that access to the following document is granted in part: Doc No. Description of document No. of 1 Pages Minute from A/Chief Executive, PIRSA to Minister for Primary 3 Industries and Regional Development dated 20/7/2019 re Next Steps following the independent review of the South Australian GM Crop Moratorium The information removed from the above document is pursuant to Clause 10(1) of Schedule 1 of the Freedom of Information Act which states: "10 — Documents subject to legal professional privilege (1) A document is an exempt document if it contains matter that would be privileged from production in legal proceedings on the ground of legal professional privilege." The information removed refers to consultation between PIRSA and the Crown Solicitor's Office referring to advices given or to be given, and is considered legally privileged. Determination 5 I have determined that access to the following document is refused: Doc No. Description of document No. of i Pages Attachment to Doc 4 — Draft Cabinet Submission 7 Objective ID: A4149551 Page 3 of 5 Access to the above document is refused pursuant to Clause 1(1)(b) of Schedule 1 of the Freedom of Information Act which states: "1 — Cabinet documents (1) A document is an exempt document — (b) if it is a preliminary draft of a document referred to in paragraph (a);" The document consists of a preliminary draft of a proposed Cabinet Submission (whether or not it had been submitted to Cabinet). Determination 6 I have determined that access to the following documents is refused: Doc No t Description of document No. o i_ Page Minute from Chief Executive, PIRSA to Minister for Primary 3 Industries and Regional Development dated 8/8/2019 4b Attachment to Doc 4 — Speech Notes for Cabinet Submission 1 5a Attachment to Doc 5 — Speech Notes for Cabinet Submission 1 Access to the above documents is refused pursuant to Clause 1(1)(f) of Schedule 1 of the Freedom of Information Act which states: "1— Cabinet documents (1) A document is an exempt document — (t) if it is a briefing paper specifically prepared for the use of a Minister in relation to a matter submitted, or proposed to be submitted to Cabinet." Document 4 consists of a briefing minute specifically prepared for the use of the Minister in relation to a matter proposed for submission to Cabinet. Documents 4b and 5a consist of draft speech notes prepared for the use of the Minister in Cabinet. Determination 7 I have determined that access to the following document is refused: ' Doc No. Description of document No. of Pages 7 Email from E Anear (PIRSA) to S Price (Office of the Minister 5 for Primary Industries and Regional Development) dated 30/7/2019 Access to the above document is refused pursuant to Clause 10(1) of Schedule 1 of the Freedom of Information Act. Objective ID: A4149551 Page 4 of 5 The document refers to consultation between PIRSA and the Crown Solicitor's Office referring to advices given or to be given, and is considered legally privileged. If you are dissatisfied with this determination, you are entitled to exercise your right of review and appeal as outlined in the attached documentation, by completing the "Application for Review of Determination" and returning the completed form to: Freedom of Information Principal Officer Primary Industries and Regions SA GPO Box 1671 ADELAIDE SA 5001 In accordance with the requirements of Premier and Cabinet Circular PC045, details of your application, and the documents to which you are given access, will be published in PIRSA's disclosure log. A copy of PC045 can be found at http://dpc.sa.gov.au/ data/assets/pdf file/0019/20818/P0045-Disclosure-Log- Policy.pdf If you disagree with publication, please advise the undersigned in writing within fourteen calendar days from the date of this determination. Should you require further information or clarification with respect to this matter, please contact Ms Lisa Farley, Freedom of Information and Privacy Officer on 8429 0422 or email [email protected]. Yours sincerely Michelle Griffiths Accredited Freedom of Information Officer PRIMARY INDUSTRIES AND REGIONS SA Objective ID: A4149551 Page 5 of 5 Doc 1 Govvomont of South MOWlo PrIrhury Inclusidore6gfteplons SiCNN MINISTER'S OPFICE Minute to Minister for, Primary Industries and Regional Develop ent 2 FEB 2019 Ref;' oA186236 RECEIVED For Approval/Action February, Critical Date GM Review Report was released on 20 Subject Independent Review of the South Australian GM Food Crop Moratorium Final Report — Public Release and Next Steps Synopsis The Final Report of the Independent Review of the South Australian GM Food Crop Moratorium by Professor Kym Anderson was provided to your office on 6 February 2019. You announced the release of this report on 20 February 2019, Options for the next steps in this review are provided with this briefing for your consideration, Recommendations That you: 1, Note e--0 ntents of this briefing and attachment Hon Tim Whetstone MP Minister for Primary Industries and Regional Development / 7/2019 Ministerial Comments Background O The Government committed to commission a high level independent expert review (the Review) of the moratorium on the cultivation of GM food crops within six months of forming government In March 2018, O Emeritus Professor Kym Anderson AC was engaged to undertake the Review.
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