OFFICIAL GPO Box 2343 Adelaide SA 5001 DPC21/0366 DX 56201 B1038217 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 Department of the Premier and Cabinet (DPC) seeking access under section 13 of the Freedom of Information Act 1991 (the Act) to: All agendas, meeting papers, and minutes for the Aboriginal Art and Cultures Centre (AACC) Aboriginal Reference Group (ARG) Date Range - 18/3/18 to 26/2/21 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 seven documents were identified as answering the terms of your application and I have determined to release these documents in part. Please refer to the attached schedule that describes each document and sets out my determination and reasons in summary form. Documents 1 - 7 Sections of these documents contain information relating to the personal affairs of various third parties. Under clause 6(1) of Schedule 1 to the Act, information is exempt if releasing it would involve the ‘unreasonable disclosure of information OFFICIAL Page 1 of 4 OFFICIAL concerning the personal affairs of any person’. I have considered that the application of clause 6(1) requires two elements, one that the information contains the personal affairs of that person; and secondly that disclosure would be unreasonable and contrary to public interest. I have determined that this information falls within the category of ‘personal affairs’ as listed under section 4(1) of the Act, thereby meeting the first elements of this clause. Further, I have considered whether the disclosure of this information would be unreasonable. In doing so, I have considered the relevance of this information to the public and the likelihood as to whether the person in question would consent to disclosure. I have concluded that this information was likely obtained in confidence and through measures which would otherwise make it unavailable to the public. I have considered the factors in favour of public interest and determined that these factors are outweighed by the need to maintain personal confidentiality in this instance. Therefore, I have determined that this information meets the requirements of clause 6(1) and is thereby exempt pursuant to this clause. Document 7 This document contains information (other than trade secrects) that has a commercial value to Isentia, the disclosure of which could reasonably be expected to destroy or diminish the commercial value of that information. They contain the intellectual property of Isentia which is not readily available to competitors and is of considerable commercial value. If disclosed it may foment distrust among other businesses who supply similar information to the government, and prevent these businesses from supplying such information in the future. There is a strong public interest in allowing commercial entities to offer services of this nature the government without fear of compromise to their business affairs. There is little public interest in favour of the disclosure of this information. It is for these reasons I refuse access to this information pursuant to clause 7(1)(b) to the Act. Documents 1, 2 and 4 - 6 These documents contain opinions, advice or recommendations from the Aboriginal Reference Group (ARG) to DPC in relation to discussions surrounding the design and development of the Aboriginal Art and Cultures Centre. The comments are internal opinions of the members of the ARG to provide DPC and the designers with valued feedback. These members deserve a safe space to have free and frank discussions on an important Aboriginal building without fear of these discussions being attributed to them. It is for this reason I have determined in places to redact the initials of the ARG members making the comments pursuant to clause 9(1)(a)(i) to the Act. Exemptions Clause 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) Clause 7 – Documents affecting business affairs OFFICIAL Page 2 of 4 OFFICIAL (1) A document is an exempt document— … (b) if it contains matter— (i) consisting of information (other than trade secrets) that has a commercial value to any agency or any other person; and (ii) the disclosure of which— (A) could reasonably be expected to destroy or diminish the commercial value of the information; and (B) would, on balance, be contrary to the public interest; or Clause 9 – Internal working documents (1) A document is an exempt document if it contains matter— (a) that relates to— (i) any opinion, advice or recommendation that has been obtained, prepared or recorded; and (b) the disclosure of which would, on balance, be contrary to the public interest. 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]. OFFICIAL Page 3 of 4 OFFICIAL Yours sincerely Eamonn Maloney Accredited Freedom of Information Officer Office of the Chief Executive Department of the Premier and Cabinet 22 / 04 / 2021 OFFICIAL Page 4 of 4 OFFICIAL SCHEDULE OF DOCUMENTS File Number: DPC21/0366 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 agendas, meeting papers, and minutes for the Aboriginal Art and Cultures Centre (AACC) Aboriginal Reference Group (ARG) Date Range - 18/3/18 to 26/2/21 No. Date Document description Exemption clauses Determination 1. 27/07/2020 Aboriginal Reference Group. Aboriginal Art and Cultures Centre - Agenda 6(1) personal affairs Release in part 9(1)(a)(i) opinion or advice 2. 20/08/2020 Aboriginal Reference Group. Aboriginal Art and Cultures Centre – Agenda 6(1) personal affairs Release in part and Minutes 9(1)(a)(i) opinion or advice 3. 16/09/2020 Aboriginal Reference Group. Aboriginal Art and Cultures Centre – Agenda 6(1) personal affairs Release in part and Minutes 9(1)(a)(i) opinion or advice 4. 07/10/2020 Aboriginal Reference Group. Aboriginal Art and Cultures Centre – Agenda 6(1) personal affairs Release in part and Minutes 9(1)(a)(i) opinion or advice 5. 18/11/2020 Aboriginal Reference Group. Aboriginal Art and Cultures Centre – Agenda 6(1) personal affairs Release in part and Minutes 9(1)(a)(i) opinion or advice 6. 16/12/2020 Aboriginal Reference Group. Aboriginal Art and Cultures Centre – Agenda 6(1) personal affairs Release in part and Minutes 9(1)(a)(i) opinion or advice 7. 17/02/2021 Aboriginal Reference Group. Aboriginal Art and Cultures Centre – Agenda 6(1) personal affairs Release in part and Papers 7(1)(b) business affairs OFFICIAL Page 1 of 1 1 AGENDA Meeting title ABORIGINAL REFERENCE GROUP ABORIGINAL ART AND CULTURES CENTRE Meeting number MTG M001 Meeting time / Monday, 27 July 2020 11.00am – 12.00pm date Location State Administration Centre (SAC) 200 Victoria Square - The Kaurna room - Level 16 or Microsoft Teams (link in meeting request) Attendees Name Department Contact Details Diane Dixon (DD) Department of the Premier and [email protected] Interim Chair Cabinet (DPC) 0417 851 486 Cara Kirkwood (CK) Parliamentary Services, Canberra 6(1) Personal affairs Jack Buckskin (JB) Representative of the Art Gallery of SA Advisory Group. Karl Telfer (KT) Cultural advisor to Tandanya National Aboriginal Cultural Institute. Sandy Miller (SM) Representative of the SA Museum’s Aboriginal Advisory Committee Kirstie Parker (KP) Aboriginal Affairs & Reconciliation [email protected] (DPC) Lana Blazujevic (LB) Department of the Premier and [email protected] Cabinet (DPC) Ex-Officio Ilona Francis (IF) Department of the Premier and [email protected] Cabinet (DPC) 0466 860 837 Apologies Nil Meeting Time Item Discussion Item Action Paper Responsible 11.00 1 Welcome introductions and apologies Noting N Chair 11.05 2 Project Overview 2.1 Lot Fourteen Overview Noting N Chair 2.2 Lot Fourteen Governance Structure Noting N Chair 2.3 Aboriginal Art & Cultures Centre (AACC) update Noting