(1)   Since October 1996, on how many occasions has a conclusive certificate been issued in relation to departments or agencies within the Minister’s portfolio exempting a document or documents from disclosure under the Freedom of Information Act 1982.

(2)   For each occasion: (a) what was the date; (b) what was the department or agency of which the FOI request was made; (c) what officer made the decision; (d) what was the document or documents excluded from disclosure pursuant to the certificate; and (e) was an appeal made against the decision in the Administrative Appeals Tribunal; if so, what was the case name and its outcome.

(1)   Information about the issuing of conclusive certificates is not required to be included in the freedom of information statistics reported quarterly to the Attorney-General’s Department, and the Department has not maintained a separate record of statistics in this regard. It appears, however, that only on two occasions since October 1996 has a conclusive certificate has been issued in relation to departments or agencies within the Minister’s portfolio exempting a document or documents from disclosure under the Freedom of Information Act 1982.

(2)   For each occasion the information requested is as follows:

(i) (a)   On 30 December 1998, a conclusive certificate was issued under section 36(3); (b) The Department of Employment, Workplace Relations and Small Business; (c) Dr Peter Roger Shergold; (d) Two reports arising from consultancies on waterfront reform and certain attachments; (e) No, the applicant sought review through the Federal Court. The proceedings (Lindsay Tanner MP v Dr Peter Shergold) were discontinued.

(ii) (a)   On 30 December 1998, a conclusive certificate was issued under section 33A(2); (b) The Department of Employment, Workplace Relations and Small Business; (c) Dr Peter Roger Shergold; (d) A report arising from a consultancy on waterfront reform and certain attachments; (e) No, the applicant sought review through the Federal Court. The proceedings (Lindsay Tanner MP v Dr Peter Shergold) were discontinued.