DPC18/4066 GPO Box 2343 Adelaide SA 5001 DX 56201 30 May 2019 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 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: Since 17 March 2018, copies of any and all documents (including but not limited to physical, electronic, or written briefs, minutes, emails, internal correspondence and any other correspondence) regarding the Aboriginal Affairs Action Plan. The Department for the Premier and Cabinet (DPC) is responsible for providing determinations on behalf of the Office of the Premier. Under the Act, an agency has 30 days to respond to a freedom of information 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. 55 documents were identified as answering the terms of your application and I have determined to release these documents as follows: • I grant you access to 16 documents in full, copies of which are enclosed; • I grant you access to 9 documents in part, copies of which are also enclosed; and • I refuse access to 30 documents. Documents released in full Documents 2, 4, 27, 30, 34, 35, 41, 43, 46, 47 and 50-52 Documents 42, 44 and 53 are duplicates of the same document and are publicly available at the following website address: https://dpc.sa.gov.au/responsibilities/aboriginal-affairs-and-reconciliation/aboriginal- affairs-action-plan-2019-2020 Documents released in part Documents 8, 11, 13, 19 and 20 For Official Use Only – I1 – A1 These documents contain information which, if released, would disclose details concerning a deliberation or decision of Cabinet. I have therefore determined to exempt this information pursuant to clause 1(1)(e). Documents 11, 45, 48, 49 and 54 These documents contain information relating to the personal affairs of third parties, namely mobile phone numbers. Under clause 6(1) of Schedule 1 of the Freedom of Information Act 1991 (the Act), a document is exempt if its disclosure would involve the ‘unreasonable disclosure of information concerning the personal affairs of any person’. In my view, it would be unreasonable to disclose these mobile phone numbers and I have therefore determined to remove this information pursuant to clause 6(1). Documents refused in full Documents 1, 3, 5-7, 9, 10, 12, 14-16, 18, 21-26, 28, 29, 31-33, 36-40 and 55 These documents consist of information which, if released, would disclose details concerning a deliberation or decision of Cabinet and as such are exempt from release pursuant to clause 1(1)(e). Document 17 This document is an extract from a document which was submitted to Cabinet and is therefore exempt pursuant to clause 1(1)(c). Exemptions Clause 1 – Cabinet documents (1) A document is an exempt document – … (c) if it is a document that is a copy of or part of, or contains an extract from, a document referred to in paragraph (a) or (b); or (e) if it contains matter the disclosure of which would disclose information concerning any deliberation or decision of Cabinet. 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). In compliance with Premier and Cabinet Circular PC045 - Disclosure Logs for Non- Personal Information Released through Freedom of Information (PC045), DPC is now required to publish a log of all non-personal information released under the Freedom of Information Act 1991. In accordance with this Circular, any non-personal information determined for release as part of this application, may be published on the DPC website. A copy of PC045 can be Page 2 of 3 found at the following address: http://dpc.sa.gov.au/what-we-do/services-for- government/premier-and-cabinet-circulars Please visit the website for further information. 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 Damian Gilbert, Freedom of Information Officer, on telephone 8429 5489 or via email at [email protected]. Yours sincerely Kelly Biggins ACCREDITED FOI OFFICER Encl Schedule of documents Documents for release Page 3 of 3 SCHEDULE OF DOCUMENTS—DPC18/4066 Freedom of information application from the Hon Kyam Maher MLC seeking access to: Since 17 March 2018, copies of any and all documents (including but not limited to physical, electronic, or written briefs, minutes, emails, internal correspondence and any other correspondence) regarding the Aboriginal Affairs Action Plan. No. Date Document description Exemption Released clauses (part/full/refused) 1. 08/05/2018 Email 1(1)(e) – Refused in full Cabinet document 2. 21/05/2018 Email N/A Released in full 3. Minute 1(1)(e) – Refused in full Cabinet Attachment to document 2 document 4. 22/05/2018 Email N/A Released in full 5. Minute 1(1)(e) – Refused in full Cabinet Attachment to document 4 document 6. Attachment 1 to Minute 1(1)(e) – Refused in full Cabinet Attachment to document 5 document 7. 22/05/2018 Email 1(1)(e) – Refused in full Cabinet document 8. 22/05/2018 Email 1(1)(e) – Released in part Cabinet document 9. Attachment 1 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 8 document 10. Attachment 2 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 8 document 11. 22/05/2018 Email 1(1)(e) – Released in part Cabinet document; 6(1) – Personal affairs For Official Use Only – I1 – A1 Page 1 of 5 SCHEDULE OF DOCUMENTS—DPC18/4066 No. Date Document description Exemption Released clauses (part/full/refused) 12. Attachment 1 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 11 document 13. 22/05/2018 Email 1(1)(e) – Released in part Cabinet document 14. Attachment 1 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 13 document 15. Attachment 2 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 13 document 16. Attachment 3 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 13 document 17. Extract from Cabinet submission 1(1)(c) – Refused in full Cabinet Attachment to document 13 document 18. Attachment 4 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 13 document 19. 23/05/2018 Email 1(1)(e) – Released in part Cabinet document 20. 28/05/2018 Email 1(1)(e) – Released in part Cabinet document 21. Attachment 1 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 20 document 22. 07/06/2018 Email 1(1)(e) – Refused in full Cabinet document 23. Attachment 1 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 22 document 24. 03/07/2018 Email 1(1)(e) – Refused in full Cabinet document For Official Use Only – I1 – A1 Page 2 of 5 SCHEDULE OF DOCUMENTS—DPC18/4066 No. Date Document description Exemption Released clauses (part/full/refused) 25. Attachment 1 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 24 document 26. 20/07/2018 Email 1(1)(e) – Refused in full Cabinet document 27. 30/07/2018 Email N/A Released in full 28. Attachment 1 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 27 document 29. 02/10/2018 Email 1(1)(e) – Refused in full Cabinet document 30. 06/11/2018 Email N/A Released in full 31. Attachment 1 to Email 1(1)(e) – Refused in full Cabinet Attachment to document 30 document 32. 13/11/2018 Email 1(1)(e) – Refused in full Cabinet document 33. 26/11/2018 Email 1(1)(e) – Refused in full Cabinet document 34. 26/11/2018 Email N/A Released in full 35. 26/11/2018 Email N/A Released in full 36. 26/11/2018 Email 1(1)(e) – Refused in full Cabinet document 37. 28/11/2018 Email 1(1)(e) – Refused in full Cabinet document 38. 29/11/2018 Email 1(1)(e) – Refused in full Cabinet document For Official Use Only – I1 – A1 Page 3 of 5 SCHEDULE OF DOCUMENTS—DPC18/4066 No. Date Document description Exemption Released clauses (part/full/refused) 39. Draft Plan 1(1)(e) – Refused in full Cabinet Attachment to document 38 document 40. 03/12/2018 Email 1(1)(e) – Refused in full Cabinet document 41. 04/12/2018 Email N/A Released in full 42. Final Action Plan N/A Released in full https://dpc.sa.gov.au/responsibilities/aboriginal- affairs-and-reconciliation/aboriginal-affairs- action-plan-2019-2020 Attachment to document 41 43. 04/12/2018 Email N/A Released in full 44.