Clews and Australian Sports Commission - [2006] AATA 373

Administrative

Appeals

Tribunal

DECISION AND REASONS FOR DECISION [2006] AATA 373
ADMINISTRATIVE APPEALS TRIBUNAL )
) No A2004/71

GENERAL ADMINISTRATIVE DIVISION )

Re GAYELENE CLEWS

Applicant

And

AUSTRALIAN SPORTS COMMISSION

Respondent

DECISION

Tribunal J.W. Constance, Senior Member
Date 28 April 2006
Place Canberra

Decision
1. The decision under review, made 23 January 2006 (as varied), is varied by adding the following:

“Ms Clews is entitled to obtain access to the following documents referred to in the Schedule hereto:

10, 11, 12, 13, 27, 28, 44, 45, 48, 49, 51, 52, 53, 55(5A), 61, 62, 63, 64, 113, 114, 177, 181, 182, 184, 187 and 188.”

2. Pursuant to subsection 55(5A) of the Freedom of Information Act 1982 (Cth) the Australian Sports Commission is required to conduct further searches for relevant documents by taking all reasonable steps to contact Mr Chris Nunn and to enquire of him whether he holds, or is aware of the whereabouts of, any documents relevant to Ms Clews’ request.

..............................................
J.W. Constance, Senior Member

CATCHWORDS
FREEDOM OF INFORMATION – Refusal of access to documents - Documents concerning use of information provided to the Australian Sports Commission alleging importation of prohibited substance by athlete – Documents claimed to be exempt - Whether disclosure contrary to public interest – Whether documents used in deliberative process – Whether unreasonable disclosure of personal information – Legal professional privilege.
Freedom of Information Act 1982 (Cth) ss 4(1), 9, 36(1), 36(5), 40(1), 40(2), 41, 42(2), 55(5A), 58(2), 61.
Chu v Telstra Corporation Ltd [2005] FCA 1730
Re Lianos and Secretary to Department of Social Security (1985) ALD 475
Re McKinnon and Secretary, Department of the Treasury (2004) 86 ALD 138
Re Waterford and Department of the Treasury (No 2) (1984) 5 ALD 588
Re Booker and Department of Social Security (AAT 6189, 13 September 1990)
Searle Australia Pty Ltd v Public Interest Advocacy Centre and Another (1992) 36 FCR 111
Re Chandra and Department of Immigration and Ethnic Affairs (1984) 6 ALN 257
Re Redfern and University of Canberra (1995) 38 ALD 457
Colakovski v Australian Telecommunication Corporation (1991) 29 FCR 429
Kelly v Commonwealth of Australia (1980) 29 ACTR 11
Grant v Downs (1976) 135 CLR 674
Esso Australia Resources Limited v Commissioner of Taxation of the Commonwealth of Australia (1999) 201 CLR 49
REASONS FOR DECISION

28 April 2006 J.W. Constance, Senior Member

ADDITIONAL DOCUMENTS TO BE RELEASED
1. For the reasons which follow I will determine that Ms Clews have access to the following documents referred to in the Schedule to these reasons:
10, 11, 12, 13, 27, 28, 44, 45, 48, 49, 51, 52, 53, 61, 62, 63, 64, 113, 114, 177, 181, 182, 184, 187 and 188.

BACKGROUND
2.      Ms Clews is a qualified Psychologist. She has worked as a contractor for the ACT Academy of Sport for more than 14 years, for the Commission for more than 8 years and also in private practice. She has worked for many years with Australia’s elite athletes on educational programs relating to substance abuse. Obviously her reputation is vitally important to her professionally as well as personally.
3.      In July 2002 Ms Clews discovered several documents in her home which she had previously shared with her former husband, Mr Rendell. Mr Rendell is an elite field athlete, who at the time was training at the Australian Institute of Sport in Canberra. The documents included an Australian Customs Seizure Notice addressed to Mr Rendell which referred to the forfeiture of a quantity of tablets as prohibited imports. During July 2002 Ms Clews handed copies of the documents to Mr Chris Nunn, the Head Coach of Track and Field at the Institute and the coach of Mr Rendell. For personal reasons Ms Clews asked Mr Nunn not to “process” the documents until she had travelled to Western Australia which she planned to do in the near future.
4.      In late August 2002 Ms Clews discovered other documents which appeared to be related to those she had already handed to Mr Nunn. On 4 September 2002 Ms Clews telephoned Mr Nunn and told him he could now process the documents. She also told him she had found more documents additional to those already in his possession. Mr Nunn said that he would not act until he had copies of all the documents.   For reasons which are not relevant to this application copies of the later documents, together with additional copies of the documents previously supplied, were delivered to Mr Nunn in February 2003.
5.      On 15 April 2003 Mr Anthony Ives attended Ms Clews’ home and was given further copies of some of the documents by Ms Clews. At the time Mr Ives was a Drugs in Sport Officer employed by the Commission. Later Ms Clews was told that the Director of the Australian Institute of Sport had directed that she provide him with copies of the documents. Ms Clews delivered an envelope containing copies of the documents to the Director only to have it returned unopened with the advice that “no one from the Australian Sports Commission had opened the envelope or the documents.”[1] Understandably Ms Clews became concerned as to the manner in which the Commission was dealing with the documents she had provided and that her role in providing the documents was being questioned. She was also concerned that her actions and statements in handing over the documents were properly recorded. Ms Clews was interviewed on 3 separate occasions by representatives of the Commission concerning the documents.
[1] Transcript 6.12.05, p.28.
6.      In April 2003 the Commission held an internal inquiry into the manner in which the documents delivered by Ms Clews were dealt with by the Commission. This inquiry was conducted by Mr Paul Blaylock, the Commission’s Manager of Human Resources. There was a later investigation on behalf of the Commission conducted by Mr Bill Williams of Williams & Love, Solicitors for the Commission. The purpose of this investigation was stated by Mr Williams to be “to ascertain whether any [Commission] or Australian Institute of Sport staff member has breached ASC/AIS policies or procedures or the conditions of their employment in the handling of information by them relating to the possible importation of a prohibited substance by an AIS athlete.”[2] Mr Williams report was delivered to the Commission on 12 May 2003. Witnesses were interviewed for the purposes of both the Blaylock inquiry and the Williams report.
[2] Document 139.
7.      Also in April 2003 Athletics Australia, an organisation separate from the Commission, instructed Browne and Co Solicitors to investigate and advise as to Mr Rendell’s conduct. In June 2003 Browne and Co delivered their report to Athletics Australia and a copy was provided to the Commission. This report found that ‘there was insufficient evidence that Mr Rendell had committed a doping offence and that there was no basis for the matter to proceed to a formal hearing.” [3]
[3] Ex. R2, Affidavit of Philip Ruff (22 November 2005), para 40.
8.      On 23 October 2003 Ms Clews applied to the Commission under the Freedom of Information Act (Cth) 1982 for access to the following documents:
1.Any and all documents which relate to me or are about me, this includes;
a)all documents/information as defined under s4 of the FOI Act which refers to me directly or indirectly or
b)which have been prepared or produced as a consequence of matters I have communicated to the ASC or the AIS or other related sub-agencies or their respective employees and/or
c)which relates to any person or persons who because of their association to me (either as a relative or working associate/colleague) were required to alter their relationship or conduct with me or to the ASC or the AIS or other body or agency within the jurisdiction of the ASC.

2.Policies pertaining to obligations of people (including but not limited to ASC or AIS or Athletics Australia or similar agency employees, athletes on grants or scholarships, contractors, administrators, managers, coaching staff or professional consultants past or present) in the sports industry in regard to the procedures that they should follow when they believe they are in possession of information about the possible use or misuse of prohibited substances.
3.To ensure there is no misunderstanding, the previous paragraphs includes references to people in Government Departments or Agencies such as the AIS, the ASC and ASDA as to the procedures that they should follow when they believe they are [in] possession of information about the possible use or misuse of prohibited substances.
This includes those policy aspects specifying the grounds under which inquiries or investigations should be held, the nature, scope, format, jurisdiction, qualifications of inquirers, authorities and responsibilities of any such inquiries.
4. Policies pertaining to obligations of people in the general community in regard to the procedures that they should follow when they believe they are in possession of information about the possible use or misuse of prohibited substances.
5.Any and all policies as to how those who lodge information about possible use or misuse of prohibited substances should be treated by the relevant authorities. This would include any policies as to the protection of such persons should they provide such information. It would also include any policies concerning retaliation against such people or their friends or relatives (particularly those who are employed in or directly associated with the sports industry). And it also includes policies about what happens to those who are found to have victimized in some way, a person, or friend or relative of a person who has provided information to the relevant authority about possible use or misuse of a prohibited substance.
6.This request includes all documents concerning any enquiry arising from information I have provided to the ASC, or Athletics Australia or any other agency under the jurisdiction of the ASC, including the terms of reference, the investigative notes, interviews and all reports.
7.Any other reports, findings or the like that may exist in respect of any investigation or inquiry into the conduct of Mr. Stuart Rendell which may relate to intention, actual or possible drug misuse. I acknowledge that the contents of such reports may be subjected to a claim of exemption but if an exemption is claimed then I would expect to be advised that such a document exists (the date, file reference and subject) and the nature of the exemption claimed.[4]
[4] Ex. R8, T3.

9.      Over the following 2 years the Commission granted access to a number of documents, some in part only. However the Commission has claimed that a number of documents are exempt from access, either entirely or in part. These documents are the subject of this application. Exemption is claimed under one or more of the following provisions:
·     Section 36 – internal working documents;
·     Section 40 – documents concerning certain operations of agencies;
·     Section 41 – documents affecting personal privacy; and
·     Section 42 – documents subject to legal professional privilege.

EVIDENCE
Ms Julie Maron
10.     Ms Maron is the Legal Counsel and Freedom of Information Officer employed by the Commission.[5] I accept her as a truthful witness. She gave evidence that all documents relating to the functions of the Commission are stored in registered files which are recorded on a central electronic database known as TRIM. She described the searches she had made in an attempt to locate any records of a conversation between Mr Ives and Ms Clews when copies of the documents were handed over by her. She could not find any such records.
[5] Ms Maron’s evidence is contained in her affidavit sworn 4 December 2005 (Ex. R1) and in the    transcript of 5.12.05.
11.     Ms Maron also said that In December 2005 (more than 2 years after Ms Clews’ request) she searched for the following:
·documents relating to the decision to return documents to the applicant following notification of her complaint to the ASC;
·documents relating to Chris Nunn’s receiving documents from the applicant in July 2002 and February 2003;
·documents written by Chris Nunn relating to his interactions with the applicant, Ken Norris, or Vicky de Prazer;
·documents relating to Nick Hunter and his interaction with the applicant in February 2003;
·correspondence between Ken Norris, Michael Scott and Mark Peters in relation to Chris Nunn’s role in the Rendell matter; and
·documents relating to the engagement of Williams Love Lawyers and the terms of reference for their investigation.[6]
[6] R2. p. 5.

In the course of this search 22 additional relevant documents were located, but none within the description above. It is most regrettable that these searches were not undertaken by someone within the Commission long before December 2005 when the chances of locating such documents (if they exist) were considerably greater. The list of documents set out was provided by Ms Clews in December 2005 but it is not the responsibility of an applicant to inform an agency of the documents it should have.[7]   Had the appropriate person within the Commission properly applied his or her mind to the request it should have been obvious that such searches should have been undertaken at the outset.
[7] Chu v Telstra Corporation Ltd [2005] FCA 1730, [42].
Mr Philip Ruff
12.     Mr Ruff is the Executive Officer and General Manager of the Government and Board Services Section of the Commission. I accept him as a truthful witness.
13.     Mr Ruff gave evidence that the Australian Institute of Sport is a division of the Commission and is responsible for developing high performance athletes. Athletics Australia is an incorporated company separate from the Commission and is the peak body responsible for the sport of athletics in Australia.
14.     Mr Ruff stated:
“The ASC has an Anti-Doping Policy that applies to all AIS Scholarship holders, employees and contractors. The ASC maintains a zero tolerance policy in relation to doping in sport and is tough on drugs in sport. The ASC Anti-Doping policy sets out what is considered an anti-doping rule violation and the responsibilities of athletes, employees and others in relation to suspected violations.”[8]
[8] R2. Affidavit of Philip Ruff (22 November 2005), para 13.

He also stated that Australia has been in the forefront of the fight against drugs in sport internationally and is a participant in international organisations charged with minimising, if not eliminating, drugs in sport.[9]
[9] Transcript 5.12.05 p. 9.
15.     Mr Ruff indicated that at the time Ms Clews handed the copy documents to Mr Nunn the Commission did not have in place a procedure as to how the receipt of such documents should be recorded.[10]
[10] Transcript 5.12.05 p. 27.
16.     Mr Ruff also stated that Ms Clews “formally” provided information concerning Mr Rendell on 15 April 2003. In cross-examination he said that by “formally” he meant when the documents were verified.On the evidence before me I have no doubt that copies of most of the relevant documents were provided to the Commission by Ms Clews in late August 2002.
17.     Only a limited number of senior employees of the Commission have had access to the full report prepared by Mr Williams and the staff members the subject of the investigation were only shown their own interview records and the conclusions made in relation to themselves. Mr Ruff is of the view that this level of confidentiality is necessary to maintain the Commission’s ability to conduct further investigations in similar matters.
18.     In relation to the Browne and Co report, Mr Ruff said that Athletics Australia has advised the Commission that it considers the matter in that respect for which exemption is claimed should not be made publicly available. Athletics Australia considers that the information provided to Browne and Co by the Australian Sports Drug Medical Advisory Committee and Professor Handelsman was provided on a confidential basis.
19.     Mr Ruff gave considerable evidence as to the nature of the matter claimed to be exempt, much of which was ascertainable from a reading of the documents themselves. He also expressed his opinions on legal issues which are for determination by this Tribunal. On the question of public interest it was Mr Ruff’s opinion that there is a public interest in protecting the reputation of Mr Rendell. He acknowledged that there was also a public interest in the scrutiny of actions of the Commission, particularly in the way in which the issues raised by Ms Clews were investigated. In his belief the public interest “lies in the process of the investigation rather than the content or the outcome.”[11]
[11] Ex. R2, para. 55.
Mr Bill Williams
20.     Mr Williams gave evidence that he had acted as the solicitor for the Commission during the period 1998 until 2004. He was asked to advise the Commission on employment situations arising out the alleged doping offence by Mr Rendell.[12] The report he prepared in response to his instructions “consisted of background information, records of interviews, conclusions and recommendations/ advice.”[13] I accept Mr Williams as a truthful witness.
[12] Transcript 6.12.05 p. 3.
[13] Transcript 6.12.05 p. 8.
Ms Gayelene Clews
21.     Ms Clews filed a statement in support of her application[14] and also gave evidence. I accept her as a truthful witness. She stated how she came into possession of the documents and the manner in which she provided copies of them to the Commission. I have summarised her evidence in this regard in the background to these reasons. In particular I accept her statement that she was concerned that having the information in the documents in her possession compromised her professional standing and that she wished to deal with the information in accordance with the Commission’s policies.
[14] Ex. A1.
22.     Ms Clews also gave evidence that in her opinion it is in the public interest that members of the public, and in particular health professionals working in conjunction with the Commission, understand how the Commission processes information under its policies relating to the use of drugs in sport.[15] As Ms Clews is a health professional working in the area I accept this evidence. Ms Clews also tendered a number of letters from various institutions in support of this view.[16]
[15] Transcript 6.12.05 p. 49.
[16] Ex. A5, A6 and A7.
LEGISLATIVE BACKGROUND
23.     Section 3 of the Act requires that I exercise any discretion I have in determining the various claims for exemption “as far as possible so as to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information” held by the Commission. This is reinforced by section 41 which places the onus on the Commission to justify why the Tribunal should give a decision adverse to Ms Clews.
24.     When considering some of the claims for exemption it will be necessary to consider the “public interest”. The provisions referred to in the preceding paragraph indicate that “there is a general public interest in favour of disclosure of government information” – Moira Paterson, Freedom of Information and Privacy in Australia, p.223. Ms Paterson goes on to say that “[p]ublic interest considerations which favour disclosure include the interest in shedding light on whether an agency…..is soundly administered.”[17] This interest was recognized by this Tribunal in Re Lianos and Secretary to Department of Social Security (1985) ALD 475 at 101.
[17] Moira Patterson, Freedom of Information and Privacy in Australia (2005) 223.

LIST OF EXEMPTIONS CLAIMED
25. The final list of exemptions claimed by the Commission is reproduced as a schedule to these reasons. If a matter is found to be exempt on any one ground I will not consider further claims in respect of that particular matter.
CLAIMS FOR EXEMPTION UNDER SECTION 36: INTERNAL WORKING DOCUMENTS
26. Subsection 36(1) provides:
36 Internal working documents
(1) Subject to this section, a document is an exempt document if it is a
document the disclosure of which under this Act:
(a) would disclose matter in the nature of, or relating to, opinion,
advice or recommendation obtained, prepared or recorded, or
consultation or deliberation that has taken place, in the course
of, or for the purposes of, the deliberative processes involved
in the functions of an agency or Minister or of the
Government of the Commonwealth; and
(b) would be contrary to the public interest.

Subsection 36(5) provides:
(5) This section does not apply to a document by reason only of purely
factual material contained in the document.

27. As President Downes of this Tribunal pointed out in Re McKinnon and Secretary, Department of the Treasury (2004) 86 ALD 138 it is important to look to the actual words of the section. It is clear that in deciding whether a document is exempt under this section one of the necessary steps is that I determine the “deliberative processes” involved. In this regard the view of the Tribunal in Re Waterford and Department of the Treasury (No 2) (1984) 5 ALD 588 at 606 is of assistance:
“The action of deliberating, in common understanding, involves the weighing up or evaluation of the competing arguments or considerations that may have a bearing upon one's course of action. In short, the deliberative processes involved in the functions of an agency are its thinking processes — the processes of reflection, for example, upon the wisdom and expediency of a proposal, a particular decision or a course of action…. Furthermore, however imprecise the dividing line may first appear to be in some cases, documents disclosing deliberative processes must, in our view, be distinguished from documents dealing with the purely procedural or administrative processes involved in the functions of an agency.”

28.     The words of the subsection do not require that the deliberative processes relate to policy making. This has been observed in a number of decisions.[18]
[18] Re Waterford and Department of the Treasury (No 2) (1984) 5 ALD 588; Re Booker and Department of Social Security (AAT 6189, 13 September 1990).
29.     It is only necessary to consider the public interest question if the requirements of subsection 36(1)(a) are met.
Examination of the documents in respect of which section 36 exemption is claimed
30.     Document 1: draft briefing paper to unidentified person.
The document provides information and suggested answers to possible questions which may be asked on the issue. I am not satisfied that the matter it contains meets the test of “in the course of, or for the purposes of, the deliberative process……” and it follows that I am not satisfied that the document is exempt under section 36.

31. Document 2: draft briefing Minute to Minister.
Exemption for only three paragraphs is claimed. These paragraphs set out facts and opinions and I am not satisfied that in the context of the whole document these few paragraphs come within subsection 36(1)(a). There is nothing to distinguish the material from the rest of the document so as to make these paragraphs part of a deliberative process.

32. Document 4: draft letter.
It appears that this is a draft of a letter to be sent in circumstances which did not materialize. It deals with an administrative rather than a deliberative process and does not come within subsection 36(1)(a).

33. Document 5: two copies of briefing note.
The three paragraphs in question state opinions and understandings of the author. Nothing distinguishes them from the rest of the document so as to make them part of a deliberative process.

34. Document 6: copy of part of document 5.
The document is not exempt for the same reason as document 5.

35. Document 10: report of internal investigation.
As one of the stated purposes of this document is to make a recommendation to another person within the agency, I am satisfied that the document comes within the provisions of subsection 36(1)(a). It is therefore necessary to consider whether the disclosure of the document would be contrary to the public interest.
As the matter for which exemption is claimed goes directly to the manner in which the Commission dealt with the documents provided to it and having given due consideration to the factors on which the Commission relies, I am not satisfied that the disclosure of this matter would be contrary to the public interest. The matter is not exempt under section 36.

36. Document 11: partial copy of document 10.
The document is not exempt for the reasons stated in the preceding paragraph.

37. Documents 15, 16 and 17: partial copies of documents 5 and 6.
These documents are not exempt for the reasons stated in relation to documents 5 and 6.

38. Document 35: partial copy of document 2.
This document is not exempt for the reasons stated in relation to document 2.

39. Documents 36, 37 and 38: email containing authors opinions.
I am satisfied that the opinion expressed in paragraphs 5, 6 and 7 of these documents are opinions expressed for the purpose of the deliberative process as to possible further action by the Commission and come within subsection 36(1)(a). The issue of public interest therefore arises.
The matter in question is largely the opinion of one member of the staff of the Commission as to the conduct of Mr Rendell and is an opinion not borne out by subsequent events. In these circumstances I am satisfied that the public interest in not unfairly affecting a person’s reputation outweighs the public interest in the disclosure of agency documents. I am satisfied that disclosure of this matter would be contrary to the public interest and under section 36 is exempt from disclosure.

40. Documents 48 and 49: notes of record of conversation and copy.
These documents are not exempt under section 36 as they record purely the facts of a telephone conversation. Even if the material came within subsection 36(1) it is excluded by subsection 36(5).

41. Document 51: partial copy of document 10.
This document is not exempt for the reasons stated in relation to document 10.

42. Documents 52 and 53: partial copy of document 51 and copy.
These documents are not exempt for the reasons stated in relation to document 51.

43. Documents 61 and 62: email and copy.
These documents refer to discussions which took place between agency officers and raise further issues for discussion. They come within subsection 36(1)(a) and therefore the public interest question must be considered.
For the reasons stated in relation to documents 36, 37 and 38 I am satisfied that the matter contained in the paragraph numbered 3 in each of these documents is exempt from disclosure. For the reasons stated in relation to document 10 I am not satisfied that disclosure of the remainder of the document would be contrary to the public interest and that matter is not exempt from disclosure under section 36.

44. Documents 139 and 140: letter and report on investigation and partial copy.
I have decided that the matter claimed to be exempt in these documents is exempt under section 42 (documents subject to legal professional privilege).

45. Documents 153-158 inclusive: draft briefing minute and copies/partial copies.
The relevant portion of the document is an opinion as to possible future events. The opinion is offered for information and I am not satisfied that it formed any part of a deliberative process. Again, I can see no reason to distinguish this part of the document from other parts in this regard. However, even if the matter does come within subsection 36(1)(a) I am not satisfied that its disclosure would be contrary to the public interest.

CLAIMS FOR EXEMPTION UNDER SUBSECTIONS 40(1)(c) AND 40(1)(d): DOCUMENTS CONCERNING CERTAIN OPERATIONS OF AGENCIES
46. Subsection 40(1)(c) provides:
(1) Subject to subsection (2), a document is an exempt document if its
disclosure under this Act would, or could reasonably be expected
to:
(c) have a substantial adverse effect on the management or
assessment of personnel by the Commonwealth or by an
agency;

47. Subsection 40(1)(d) provides:
(1) Subject to subsection (2), a document is an exempt document if its
disclosure under this Act would, or could reasonably be expected
to:
(d) have a substantial adverse effect on the proper and efficient
conduct of the operations of an agency; or

48. Subsection 40(2) provides:
(2) This section does not apply to a document in respect of matter in
the document the disclosure of which under this Act would, on
balance, be in the public interest.

49. The onus is on the Commission to show that, on balance, the disclosure of matter in the documents in question would not be in the public interest.[19] The combined effect of section 61 and subsection 40(2) is that the Commission has to discharge the onus of showing that disclosure would not be in the public interest before section 40 applies. To avoid the use of a double negative and thus to make these reasons clearer in future I will refer to the Commission being required to show that disclosure would be contrary to the public interest. Consequently it is appropriate to consider this question before looking to decide whether the document meets the requirements of subsection 40(1)(c) or subsection 40(1)(d).
[19] Freedom of Information Act 1982 (Cth) s 61; Searle Australia Pty Ltd v Public Interest Advocacy Centre and Another (1992) 36 FCR 111 at 116.
50. The Commission has argued that the following factors are relevant in assessing the public interest under subsection 40(2) in relation to the matter claimed to be exempt under subsection 40(1)(c):
50.1 the adverse impact on the reputation of a person when that information has been investigated and found to be incorrect;
50.2the reignition of debate on allegations and complaints which have been investigated and resolved;
50.3the ability of the Commission to obtain the full cooperation of its staff to provide information voluntarily and in the most comprehensive manner;
50.4 the harmonious and effective working of the Commission’s workforce; and
50.5 the ability of the Commission to effectively investigate and manage its personnel.

Unless I state otherwise, the Commission has relied on each of the above factors in arguing that disclosure of the matters in the various documents would be contrary to the public interest.

51.     Examination of the documents in respect of which subsection 40(1)(c) and subsection 40(1)(d) exemption is claimed
Subsection (40)(1)(c)
52.      Matter contained in the documents referred to in the following 11 paragraphs is claimed to be exempt under subsection 40(1)(c).
53.     Documents 8 and 9: note concerning employment issues of an employee of the Commission and a copy of that note.
This note records the enquiry of a Commission employee following an investigation of staff conduct carried out by the Commission in relation to that employee’s employment. This investigation followed the receipt of a report by Mr Williams as to the manner in which staff dealt with the documents provided by Ms Clews. Mr Ruff’s evidence[20] establishes that disclosure would adversely effect the Commission in the manner set out in paragraphs 50.3, 50.4 and 50.5 above. Taking into account these grounds and the general public interest in the disclosure of documents, I am satisfied that, on balance, disclosure would not be in the public interest. Section 40 is applicable.
It is now necessary to decide whether disclosure of these documents under the Act “would, or could reasonably be expected to……have a substantial effect on the management or assessment of personnel by the…… agency”. I accept the evidence of Mr Ruff that disclosure of documents written by or about other staff members concerning an investigation into their conduct would be likely to reactivate disharmony among staff on these issues, to reduce staff cooperation in future investigations and reduce the ability of the Commission to effectively manage its staff. On the basis of this evidence I am satisfied that documents 8 and 9 are exempt documents.
[20] Ex. R2, paras 97-106 and 122.

54. Documents 10 and 11: part of report of internal investigation concerning staff conduct and copy.
Documents 12 and 13: record of conversation with Commission staff member concerning staff conduct and copy.
Document 27 and 28: record of conversation concerning Commission staff member and copy.
The matter in each of these documents for which exemption is claimed relates directly to the manner in which the documents provided to the Commission by Ms Clews were dealt with. The Commission relies on the evidence of Mr Ruff which establishes the existence of the factors set out in paragraph 50. However the public interest in ensuring that matters as serious as those raised by the documents provided to the Commission are properly dealt with outweighs these factors and I am not satisfied that disclosure would be contrary to the public interest. Section 40 does not apply.

55. Documents 44 and 45: record of conversation with staff member and copy.
The matter in these documents also relates directly to the manner in which the Commission dealt with the documents provided to it. However in addition to the factors set out in paragraph 50 the Commission relies on the following additional factors going to the issue of public interest:
55.1the non disclosure of documents containing opinions expressed at a very early stage prior to the investigation and which subsequently have proved to be incorrect or misleading;
55.2the maintenance of an effective working relationship and trust between the Commission and Athletics Australia;
55.3the ability of the Commission being able to rely on the cooperation of other agencies to receive and share information particularly in order to carry out its functions of investigating possible breaches of its anti-doping policy.

The Commission relies on paragraphs 55-59 and 107 of Mr Ruff’s primary affidavit to establish that these factors exist in relation to these documents. Mr Ruff has given evidence that in his view certain opinions in the documents are provisional and have been given by a junior staff member and could be misinterpreted by members of the public to be opinions of the Commission. Upon consideration of the documents I am not satisfied that this is correct. In any event there is a greater public interest in knowing the views of all members of the agency, junior or otherwise, to satisfy the concern that the issues raised have been properly dealt with and that views contrary to the official agency view have been properly considered. This outweighs the factors put forward by the Commission. I am not satisfied that the evidence establishes the existence of the factors set out in paragraphs 55.2 or 55.3.
Section 40 does not apply to these documents.

56. Documents 48 and 49: part notes of record of conversation with Commission staff member and copy.
The Commission claims this matter is exempt for the same reasons and on the basis of the same evidence as documents 27 and 28. For the reasons stated in relation to documents 27 and 28 section 40 does not apply to documents 48 and 49.

57. Documents 51, 52 and 53: part report of internal investigation (being partial copy of document 10) and copies.
For the reasons stated in relation to document 10, section 40 does not apply to the matter contained in these documents.

58. Document 63 and 64: part record of interview ACT Academy of Sport staff member and copy.
These documents (without the signature of the interviewee) form part of document 10, and for the reasons stated in relation to document 10, section 40 does not apply to the matter contained in these documents.

59. Documents 87 and 88, 103 and 104, 105 and 106: letters from Commission staff member following completion of Williams investigation and copies
These letters advise other staff members in relation to their employment following the receipt by the Commission of the Williams report. For the reasons stated in relation to documents 8 and 9, I am satisfied that these documents are exempt.

60. Document 124: cover sheet and letter from Commission staff member re employment.
Documents 125 and 126: e-mail attaching notes of meeting with staff member and copy.
Document 128: letter from Commission staff member.
Documents 136, 137 and 138: letter from Commission staff member.
These documents relate to members’ employment rather than to the manner in which the Commission dealt with the documents provided to it and for the same reasons stated in relation to documents 8 and 9 the documents are exempt.

61. Documents 139 and 140: letter from Mr Williams enclosing his report and copy (released in part).
In part of his report already released to Ms Clews, Mr Williams states that he was not asked to make any recommendations “but rather to report my findings in relation to individuals who were apprised of the relevant information.”[21]
The Commission relies on the public interest factors set out in paragraph 55 of these reasons and the evidence of Mr Ruff and Mr Williams. I accept the evidence of Mr Ruff that disclosure of matters in this report would have an adverse effect on the management by the Commission of its personnel[22] and I accept that there is a public interest in the Commission’s ability to properly manage its staff. I also accept the evidence of Mr Williams that he told those interviewed for the purposes of the report that it would remain confidential.[23] Against these factors must be balanced the public interest in knowing how the Commission dealt with information provided to it by a member of the public and which related to the possible breach of anti-drug policies. Having done this I am not satisfied that the disclosure of the matter in issue in documents 139 and 140 would be contrary to the public interest and it follows that section 40 does not apply.
[21] Paragraph 1 of the report.
[22] Ex. R2, para. 114.
[23] Ex. R4, para. 6.

62. Documents 141, 142, 143, 144, 146 and 147: correspondence relating to employment issues of various Commission staff members.
Documents 151 and 152: record of confidential meeting between Commission staff members and copy.
These documents relate to members’ employment rather than to the manner in which the Commission dealt with the documents provided to it and for the same reasons as stated in relation to documents 8 and 9 the documents are exempt.

63. Documents 153, 154, 155, 156, 157 and 158: drafts and final briefing Minute to the Minister in response to correspondence from Ms Clews (released in part).
The only matter in respect of which exemption is claimed under subsection 40(1)(c) refers to a group of staff members which was interviewed as part of the investigation following Ms Clews providing the documents. For the same reasons as are stated in relation to document 10, I am not satisfied that disclosure of the matter would be contrary to the public interest and it follows that section 40 does not apply.

Subsection 40(1)(d)
64. In deciding the question of the public interest in relation to the disclosure of documents under subsection 40(1)(d) the Commission relies on the following factors:
65.1a public interest in not disclosing information which would reignite debate on allegations and complaints which have been investigated and resolved;
65.2a public interest in maintaining an effective working relationship and trust between the Commission and Athletics Australia; and

65.3a public interest in the Commission being able to rely on the cooperation of other agencies to receive and share information particularly in order to carry out its functions of investigating possible breaches of its anti-doping policy.

65. Mr Ruff gave evidence that “[t]he investigation conducted by Browne and Co was a preliminary inquiry” and that “[a]s such, Athletics Australia and the ASC expected that the Browne and Co report would be considered by each of Athletics Australia and ASC respectively but not made publicly available.”[24] In his affidavit he expressed the opinion that disclosure of the information, which would be against the wishes of Athletics Australia, would have a detrimental effect on the working relationship between the two organisations. However, in cross-examination Mr Ruff said that with the establishment of the Australian Sports Anti-Doping Authority (expected in March 2006) there would no longer be “the potential for adverse relationships to arise.” [25]
[24] Ex R2, para. 70.
[25] Transcript 5/12/05 p.76.
66. Document 113 and 114: Annexures 7 and 8 to Browne and Co report, being reports by professional experts (released in part).
These documents apparently played a substantial role in the decision not to take action of a serious nature against Mr Rendell and were an important part of the Browne and Co report. Part of that report was made public after its receipt by Athletics Australia and the outcome of it has been discussed by the Chief Executive Officer on ABC television.[26] Taking this into account together with the public interest in understanding the process by which the documents provided to the Commission were dealt with and the reason for the action taken as a result of those documents being provided, I am not satisfied that the disclosure of these documents would be contrary to the public interest. Section 40 does not apply.
[26] Ex. A11, ABC “Tarnished Gold “ Four Corners, 23 March 2004.

67. Documents 129, 130, 131 and 132: confidential minute between Commission staff members and partial copies (released in part).
The matter for which exemption is claimed represents a substantial part of the Browne and Co report which is an attachment to this minute. For the same reasons as are stated in the previous paragraph I am not satisfied that the disclosure of this matter would be contrary to the public interest. Section 40 does not apply.

68. Document 181: file notes of discussions as to seized substance.
I am satisfied that the matter for which exemption is claimed is irrelevant to the request and is properly deleted pursuant to section 22.

CLAIMS FOR EXEMPTION UNDER SECTION 41: DOCUMENTS AFFECTING PERSONAL PRIVACY
69. Subsection 41(1) provides:
(1) A document is an exempt document if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person).

70. Subsection 4(1) defines “personal information” as:
“information or an opinion (including information forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from
the information or opinion.”

71.     The first step is to decide whether the matter in issue comes within the definition of “personal information.” If it does, the second and more difficult question arises: would disclosure of that information under the Act be unreasonable?
72.     The determination of the issue of whether the disclosure would be unreasonable requires a consideration of all the circumstances: Chandra v Department of Immigration and Ethnic Affairs (1984) 6 ALN N257. In that case this Tribunal said that such circumstances included:
·     the nature of the information that would be disclosed;
·     the circumstances in which the information was obtained;
·     the likelihood of the information being information that the person concerned would not wish to have disclosed without consent; and
·     whether the information has any current relevance.[27]

Other circumstances which have been considered relevant are:
·     whether or not there was an expectation of confidentiality when the information was supplied;[28]
·     whether or not the information is “of demonstrable relevance to the affairs of government;”[29] and
·     whether or not the information if disclosed would “do no more than excite or satisfy the curiosity of people about the person whose personal affairs were disclosed”.[30]
[27] At p. 24.
[28] Redfern v University of Canberra (1995) 38 ALD 457.
[29] Colakovski v Australian Telecommunications Corporation (1991) 29 FCR 429.
[30] Ibid.

73. It is necessary to consider the public interest in deciding the question of reasonableness.
“It is sufficient for present purposes to say that "every person" has a "legally enforceable right to obtain access" to documents under the FOI Act: s 11. There is no requirement that the person seeking access have a proprietary or any other interest in documents or the information contained in them. The object of the Act, as expressed by s 3, is to give the "Australian community" the right of access to information in the possession of the Australian Government. What is "unreasonable" disclosure of information for purposes of s 41(1) must have, as its core, public interest considerations. The exemptions necessary for the protection of "personal affairs" (s 41) and "business or professional affairs" (s 43) are themselves, in my opinion, public interest considerations. That is to say, it is not in the public interest that the personal or business or professional affairs of persons are necessarily to be disclosed on applications for access to documents. The exemption from disclosure of such information is not to protect private rights; rather it is in furtherance of the public interest that information of this kind is excepted from the general right of public access, provided the other conditions mentioned in ss 41 and 43 are satisfied.” [31]
[31] Ibid, at p. 120.

74. The Commission relies upon the evidence of Mr Ruff.[32] Putting aside Mr Ruff’s opinions on the issues to be decided by the Tribunal, his evidence is that:
·disclosure could re-open past controversy which could be embarrassing and unfair to Mr Rendell;
·information in the form of opinion is sensitive and if disclosed could unfairly damage Mr Rendell’s reputation as a professional athlete and a public figure;
·Mr Rendell has not consented to the disclosure of the information;
·he believes that the information in the records of interview conducted by Mr Blaylock was not intended to be disclosed beyond the Commission; and
·the information supplied in the various interviews has not resulted in any disciplinary action.
[32] Ex. R2, paras. 58-60, 97-100.

I accept this evidence.
75. The Commission has argued that the following factors would make disclosure unreasonable:
“1. The information is not bland or commonplace; its disclosure would have serious adverse consequences.
2.Mr Rendell has not consented to the disclosure of the document.
3.The information is untrue and adverse to Mr Rendell’s reputation.
4.The disclosure of the information could damage Mr Rendell’s reputation as a public figure and an athlete.
5.The disclosure of the information could reignite past controversy which has been investigated and resolved.
6.The information has no current relevance. The information was collected in response to a complaint made by the applicant. The complaint was fully investigated and a decision made which determined the matter.
7.The information would not assist the public’s understanding of the process associated with the handling of the complaint by the respondent.
8.The disclosure of the information could distract Mr Rendell in the lead up to team selections for the Commonwealth Games in 2006.
9.Disclosure of these documents would disclose extremely sensitive unpublished information relating to the individual conduct of officers of the ASC which information did not give rise to disciplinary action being taken by the ASC.
10.The information or opinion is personal information about Stuart Rendell and is sensitive and not publicly known. Disclosure of that information would have a significant and negative impact upon his reputation.
11.The personal information relates to Stuart Rendell and is sensitive in that it concerns a preliminary investigation into whether he has a case to answer in relation to an alleged breach of the anti-doping policy and is no longer relevant as the investigation concluded that no breach had occurred.
12.The personal information was provided voluntarily and in confidence by ASC officers in 2003 to assist the ASC to investigate whether its staff had responded appropriately to a complaint made to it by the applicant.
13.The information was provided voluntarily an in confidence by ASC officers in 2003 to assist the ASC to investigate whether its staff had responded appropriately to a complaint made to it by the applicant.
13.The information was obtained as part of investigations undertaken by the ASC in relation to its own officers as to whether there had been any breach of the ASC Code of Conduct. The information is sensitive and was communicated voluntarily and in mutual confidence.
14.The document contains personal information and is a document that was drafted but not used by the ASC.”[33]

[33] Schedule of Exemptions Claimed by the Respondent, 14 December 2005, pp 34-35.

Examination of the documents in respect of which section 41 exemption is claimed
76. I am satisfied that all of the matter for which the Commission claims exemption is properly “personal information” within the definition. The issue for determination is whether its disclosure would be unreasonable.
77. Documents 1 and 2: draft briefing paper to unidentified person and partial copy (released in part).
The three small parts of this document for which exemption is claimed are expressions of opinion about an individual who no doubt would not wish to have the matter disclosed. In addition, the matter has no demonstrable relevance to government and has no current relevance. I cannot see any public interest being served by the disclosure of this material. I am satisfied that its disclosure would be unreasonable.

78. Document 4: draft letter.
At the time it was written the draft dealt with a hypothetical situation which has not since materialized. It is of no current relevance and has no demonstrable relevance to government. I am satisfied that there is a strong public interest in protecting the privacy of the information in this document and that its disclosure would be unreasonable.

79. Documents 5 and 6: two copies of briefing note.
On the grounds put forward by the Commission I am satisfied that disclosure of this personal information would be unreasonable

80. Documents 10 and 11: report of internal investigation and partial copy (released in part).
Documents 12 and 13: record of conversation with Commission staff member concerning staff conduct and copy
The matter in respect to which exemption is claimed relates directly to the manner in which the documents were provided to the Commission. On balance the public interest in obtaining access to this information outweighs the public interest in excepting such information from the general right of public access. I am not satisfied that the disclosure of this information is unreasonable.

81. Documents 15, 16 and 17: partial copies of documents 5 and 6 (released in part).
For the reasons stated in relation to documents 5 and 6 these documents are exempt under section 41.

82. Documents 27 and 28: record of conversation concerning Commission staff member and copy (released in part).
For the reasons given in relation to documents 12 and 13 these documents are not exempt under section 41.

83. Document 35: partial copy of document 2 (released in part).
For the reasons stated in relation to document 2 those parts of the document claimed to be exempt under section 41 are exempt under that section.

84. Documents 36, 37 and 38: email containing author’s opinions (released in part).
The material in respect of which exemption is claimed sets out the understanding of a Senior Sports Consultant as to alleged conduct of an athlete. The Commission argues that disclosure would be unreasonable on all of the grounds set out in paragraph 75, except no. 9 and nos 12-14. Balancing those factors and taking into account that the matter is essentially the views of one person, I am satisfied that the public interest in disclosure is outweighed and that disclosure of the material would be unreasonable.

85. Document 40: email concerning the preparation of Ministerial brief (released in part).
The material claimed to be exempt relates to persons apparently not concerned in this matter. It has no current relevance and no demonstrable relevance to the affairs of government. I am satisfied that its disclosure would be unreasonable.

86. Documents 44, 45, 48 and 49: records of conversations with staff members and copies.
For the reasons given in relation to documents 12 and 13 these documents are not exempt under section 41.

87. Document 50: email re investigation (released in part).
The matter in this document is similar in nature to that in question in document 4 and for the same reasons as stated in relation to that document I am satisfied that the material in document 50 is exempt under section 41.

88. Documents 51, 52 and 53: part of report of internal investigation (being partial copy of document 10) and copies (released in part).
For the reasons stated in relation to document 10 this material is not exempt under section 41.

89. Document 61 and 62: email and copy.
This email, from a Senior Sports Consultant - Drugs Free Sport, raises a number of questions as to how the documents provided to the Commission and the information they contained was being dealt with. The Commission relied on the same public interest grounds as are referred to in paragraph 55. In this case the public interest in gaining access to such information (which goes directly to the manner in which the Commission dealt with the documents provided to it) outweighs the public interest in keeping the material private and I am not satisfied that disclosure would be unreasonable.

90. Documents 63 and 64: part record of interview of ACT Academy of Sport member and copy (released in part).
For the reasons stated in relation to document 10 this material is not exempt under section 41.

91. Document 111: Annexure 5 to document 108, interview with Stuart Rendell (Released in part).
On the grounds put forward by the Commission I am satisfied that the disclosure of this personal information would be unreasonable.

92. Document 123: copy letter by third party re investigation.
This letter was not written by the Commission and does not relate to the investigation it carried out. The personal information in it is of a particularly sensitive nature and has no demonstrable relevance to the affairs of government. In particular it does not relate to the manner in which the Commission dealt with the documents with which it was provided. I am satisfied that the disclosure of this personal information would be unreasonable.

93. Documents 129, 130, 131 and 132: Confidential minute attaching minute to Commission staff member (released in part).
So far as this document attaches a copy of document 123 and the comments of members of the Commission staff which gave rise to the creation of document 123, it is exempt under section 141. The reasons for this decision are the same as the reasons set out in relation to document 123.

94. Document 139, 140: Letter enclosing Williams report and copy (released in part).
I have decided that this document is exempt under section 42 (legal professional privilege).

95. Documents 153, 154, 155, 156, 157 and 158: Draft confidential briefing minute to the Minister and copies (released in part).
The material on page 4 of the document for which exemption is claimed under this section relates to the position of an employee of the Commission and does not relate directly to the manner in which the Commission dealt with the documents with which it was provided. I am satisfied that the nature of the information that would be disclosed, the likelihood the person involved would not want the information to be disclosed and the lack of current relevance of the information outweighs the public interest in disclosure. I am satisfied that the disclosure of this information would be unreasonable.
The material on page 6 is of a similar nature to that contained in document 123 and for the reasons stated in relation to that document the material on page 6 is exempt.

96. Document 172: File note of conversation between Commission staff members (released in part).
This file note relates to a person who was not a Commission staff member. I am satisfied that the nature of the information that would be disclosed, the likelihood the person involved would not want the information to be disclosed and the lack of current relevance of the information outweighs the public interest in disclosure. I am satisfied that the disclosure of this information would be unreasonable.

97. Document 174: file note of conversation between Commission staff member and Mr Williams concerning the investigation.
The Commission’s argument in relation to section 41 is unclear, however for reasons stated later this document is exempt from production under section 42.

98. Document 177: file note of conversation between a Commission staff member and a third party (released in part).
The Commission argues that disclosure would be unreasonable on grounds 1, 5, 6, 7 and 9 referred to in paragraph 75. The matter in issue is a note of a television interview given by Mr Rendell and I am not satisfied that the grounds upon which the Commission seeks to rely are sufficient to outweigh the public interest in disclosure. The document is not exempt under section 41.

99. Document 179: file note of discussion between Commission staff members.
The Commission opposes disclosure on grounds 1, 5, 6, 7 and 9 set out in paragraph 75. As this information relates to a staff member’s conduct which does not assist in the understanding of the Commission’s handling of the documents and which is such that the person concerned is unlikely to wish to have disclosed I am satisfied that its disclosure would be unreasonable. The document is exempt from disclosure under section 41.

100. Document 182: file note of conversation between a Commission staff member and a third party (released in part).
The Commission relies on grounds 1, 5, 6, 7 and 9 referred to in paragraph 75. This material, however, relates directly to how the documents provided to the Commission were dealt with and I am not satisfied that its disclosure would be unreasonable. The matter is not exempt under section 41.

101. Document 184: file note of conversation between a Commission staff member and a third party (released in part).
The Commission relies on the same grounds as it did in relation to the previous document. The matter in question shows information received by the Commission relating to material apparently provided by Mr Rendell. This information may have influenced decisions made as to how the documents received by the Commission should be dealt with and in those circumstances I am not satisfied that disclosure of the information would be unreasonable. The matter in the document is not exempt.

102. Document 187: file note of discussion between Commission staff members (released in part).
The Commission relies on the same grounds as referred to above. I am not satisfied that any of these grounds lead to a decision that disclosure would be unreasonable. The matter is not exempt under section 41.

103. Document 188: file note of discussion between Commission staff members (released in part).
The Commission again relies on the grounds in paragraph 100. The matter relates directly to the manner in which the documents provided to the Commission were dealt with and I am not satisfied that disclosure would be unreasonable. The matter is not exempt under section 41.

CLAIMS FOR EXEMPTION UNDER SECTION 42: DOCUMENTS SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE
104.   “……[D]ocuments which themselves are confidential communications between solicitor and client for professional purposes……are privileged without regard to the question whether they were made for the purpose of actual or contemplated litigation”: Kelly v Commonwealth of Australia (1980) 29 ACTR 11 at 12. This principle was not changed by the decisions of Grant v Downs (1976) 135 CLR 674 or Esso Australia Resources Limited v Commissioner of Taxation of the Commonwealth of Australia (1999) 201 CLR 49.
105.   I accept the evidence of Mr Williams that he was acting as the solicitor for the Commission when he received instructions from the Commission in April 2003 to investigate and advise whether any Commission staff member had breached the Commission’s Code of Conduct or any other policy or procedure in relation to the information supplied by Ms Clews. Mr Williams had previously acted as solicitor for the Commission.[34] This was corroborated by the evidence of Mr Ruff which I also accept. Ms Clews gave evidence that it was her belief Mr Williams was acting as an independent investigator rather than a solicitor but she was unable to substantiate the grounds of this belief.
[34] Ex. R4.
106.   It has been argued on Ms Clews’ behalf that a number of documents are of a kind referred to in subsection 9(1) and are therefore not exempt under subsection 42(2). On the basis of the uncontradicted evidence of Mr Ruff I am satisfied that none of the documents under consideration is of a kind referred to in subsection 9(1).
Examination of the documents in respect of which section 42 exemption is claimed
107.   Documents 93 – 97 inclusive: emails and copy emails between Mr Williams and a representative of the Commission (document 97 released in part).
These documents are, of themselves, confidential communications between solicitor and client for professional purposes and are therefore exempt from production under section 42.

108. Documents 139 and 140: letter from Mr Williams to Mr Blaylock of the Commission with the report by Mr Williams enclosed (released in part) and partial copy.
With the exception of matters on pages 130.19 – 130.25 inclusive, all the matter for which exemption is claimed under section 42 is contained in the body of the report or in the statements which are attached to it. The statements were taken by Mr Williams for the purpose of providing the report and form part of it. The letter and the report (with the attached statements) are a communication between solicitor and client for professional purposes and are exempt from production under section 42.
Pages 139.19 – 139.25 (attachment 1 to the report) are a copy of the Blaylock report and whilst the document itself may not be the subject of legal privilege, it is the subject of such privilege as part of the privileged communication.
Although the Commission has chosen to waive its right to claim privilege over the whole of the document it is not within the power of this Tribunal to waive privilege to part or all of the remainder of the document: subsection 58(2) of the Act.

109. Documents 153 – 158 inclusive: draft Confidential briefing minute to Minister, copies and partial copies.
These documents are neither communications between solicitor and client nor documents brought into existence predominantly or solely for the purpose of litigation or seeking legal advice. They are not exempt under section 42.

110. Ms Clews has argued that, in accordance with subsection 42(2), the Williams report is not exempt as it has been provided for use of the Commission or its officers in accordance with section 9 of the Act (ie. for the making of certain decisions or recommendations). On the evidence before me I am satisfied that the document was not used in this way and subsection 42(2) does not apply.
111. Documents 171, 172 and 174: file notes of conversations between Mr Williams and Commission staff members (document 172 released in part).
The matters in respect of which privilege is claimed are notes of communication between solicitor and client and are not subject to disclosure under section 42. I am satisfied that the staff members engaged in the communications were representing the Commission as the client of Mr Williams.

FURTHER SEARCH
112. The evidence before me does not establish that Mr Nunn, the first person to receive copies of the documents from Ms Clews on behalf of the Commission, has been asked whether he has, or is aware of the whereabouts of, relevant documents. In fact it appears from information provided by Counsel for the Commission that Mr Nunn has not been contacted in relation to this matter. Attempts should have been made to enlist the assistance of Mr Nunn at the outset. I propose to exercise the Tribunal’s power under subsection 55(5A) to require the Commission to conduct further searches for relevant documents by taking all reasonable steps to contact Mr Nunn and enquire of him whether he holds, or is aware of the whereabouts of, any documents relevant to Ms Clews request.
COSTS
113. It is the recommendation of the Tribunal to the Attorney-General that the costs of Ms Clews in relation to these proceedings be paid by the Commonwealth. Ms Clews has been substantially successful in her application for review. In addition to the documents to which access has been granted in this decision the Commission itself granted access to a substantial number of documents after the application to the Tribunal was made. Documents were still being made available after the hearing commenced despite many conferences and directions hearings conducted by the Tribunal in an attempt to resolve the matter without unnecessary expense to the parties. On the material before me it appears that those responsible within the Commission should have paid greater attention at an earlier time to ascertaining the documents to which Ms Clews was entitled to have access. Had this happened, in all likelihood, the costs incurred and the time involved by both parties in engaging in these proceedings would have been avoided.
DECISION
114. The decision under review, made 23 January 2004 (as varied), is varied by adding the following:
“Ms Clews is entitled to obtain access to the following documents referred to in the Schedule hereto:
10, 11, 12, 13, 27, 28, 44, 45, 48, 49, 51, 52, 53, 61, 62, 63, 64, 113, 114, 177, 181, 182, 184, 187 and 188.

I certify that the 114 preceding paragraphs are a true copy of the reasons for the decision herein of J.W. Constance, Senior Member.
Signed:         .....................................................................................
  Joe Meagher, Associate
Date/s of Hearing  5,6,14 December 2005 & 22 February 2006
Date of Decision  28 April 2006
Representative for the Applicant    Peter Bennett
Counsel for the Respondent         Madeline Campbell
Solicitor for the Respondent        Australian Government Solicitor

AAT Matter No. A2004/71 - Clews and Australian Sports Commission
SCHEDULE OF EXEMPTIONS CLAIMED BY THE RESPONDENT 14 December 2005

Doc No. Old Doc No. Date Author Addressee Description Pgs Decision Exemption claimed / Relevant Factors Parts over which exemption claimed

1.        C2 Undated ASC officer Not specified Draft briefing concerning possible importation of prohibited substance by Mr Rendell annotated on page 1 with words ‘Draft briefing not elevated’ 8 Release in part
s36
(2.1, 2.2, 2.3, 2.7, 2.8, 2.11, 2.14)

s41
(4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)

p.001.0002:
- final paragraph on page (s41, s 36)
p.001.0004:
- first seven words in the 2^nd dot point of text on page (s41);
- second sentence in 5^th dot point of text on page (s36, s41).

2.        C3 Undated ASC officer Minister for the Arts and Sport (the Minister) Draft briefing minute to Minister. Pages 5-7 identical to pages 6-8 of document 1 7 Release in part
s36
(2.1, 2.2, 2.3, 2.7, 2.8, 2.11, 2.14)

s41
(4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)

p.002.0001
- first 4 words of the 2^nd paragraph (s41)
p.002.0002:
- paragraphs 8 and 10 (s36, s41)

4.        F1 Undated Michael Scott, Director AIS Stuart Rendell Draft letter 3 Exempt in full
s36
(2.1, 2.2, 2.3)

s41
(4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)
Whole document (s36, s41)

5.        G3 Undated
(possibly April 2003) Anthony Ives, ASC None indicated. Two copies of two page briefing note (2 copies) concerning Rendell matter with attached copies of sales receipt and Customs seizure notice. 8 Release in part
s36
(2.1, 2.2, 2.3, 2.7, 2.8, 2.11)

s41
(4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)

p.005.0001:
- 5^th paragraph, 1^st sentence (s36);
- 6^th paragraph (s41)
- 7^th paragraph, 1^st line (s41)

p.005.0002:
- 2^nd paragraph (s36).
- paragraph under numbered paragraph 8 (s36)
- numbered paragraph 7 appearing above last paragraph on page (s41)

p.005.0003:
- 5^th paragraph, 1^st sentence (s36)
- 6^th paragraph (s41)
- 7^th paragraph, 1^st line (s41)

p.005.0004:
- 2^nd paragraph (s36)
- paragraph under numbered paragraph 8 (s36).
- numbered paragraph 7 appearing above last paragraph on page (s41)

6.        G4 Undated
(possibly April 2003) Anthony Ives, ASC Copy of two page briefing note forming part of document 5 and copies of sales receipt and Customs seizure notice [35] 6 Release in part
s36
(2.1, 2.2, 2.3)

s41
(4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)
p.006.0001:
- 5^th paragraph, 1^st sentence (s36)
- 6^th paragraph (s41)
- 7^th paragraph, 1^st line (s41)
p.006.0002:
- 2^nd paragraph (s36)
- paragraph under numbered paragraph 8 (s36).
- numbered paragraph 7 appearing above last paragraph on page (s41)

8.        H13 Undated
(possibly 18/06/03) ASC staff member Not specified
Follow up note concerning meetings about employment issues with handwritten annotation[36]
1 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

9.        J16 Undated ASC staff member Not specified Copy of document 8. 1 Exempt in full
s40(1)(c)

s41

s45
Whole document (s40(1)(c), s41, s45)

10.       H27 Undated Paul Blaylock, ASC ASC Report of internal investigation concerning staff conduct in connection with allegations against Mr Rendell (unsigned) 7 Release in part
s36, s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)
p.010.0001:
- In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41).
p. 010.0002:
- words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41);
- paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41);
- in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41);
- numbered paragraphs 3, 4 and 5 (s40(1)(c), s41);
- in text below numbered paragraph 5, the two words opposite the words’ Ken Norris’ (s41).
p. 010.0004 to p. 010.0006:
- whole of page (s40(1)(c), s41).
p. 010.0007:
- in paragraph below subheading 1, last 3 words of the paragraph (s40(1)(c), s41);
- subheading 3 and paragraph beneath it (s40(1)(c), s41).

11.       J7 Undated ASC
Partial copy of document 10 [37]
8 Release in part
s36

s40(1)(c)

s41
p.011.0001:
- In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41).
p. 011.0002:
- words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41);
- paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41);
-in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41);
- numbered paragraphs 3, 4 and 5 (s40(1)(c), s41);
- in text below numbered paragraph 5, the two words opposite the words’ Ken Norris’ (s41).
p. 011.0004 to p. 011.0006:
- whole of page (s40(1)(c), s41).
p. 011.0007:
- in paragraph below subheading 1, last 3 words of paragraph (s40(1)(c), s41);
- subheading 3 and paragraph beneath it (s40(1)(c), s41).

12.       H29 Undated Paul Blaylock, ASC None
Record of conversation with ASC staff member concerning matters relating to reporting of complaint against Stuart Rendell.[38]
1 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)
Whole document (s40(1)(c), s41)

13.       J1 Undated Paul Blaylock, ASC None Copy of document 12. 1 Exempt in full
s40(1)(c)

s41
Whole document (s40(1)(c), s41)

15.       G1 14/04/03 Anthony Ives, ASC None indicated. Partial copy of documents 5 and 6 [39] 6 Release in part
s36

s41
p.015.0001:
- 5^th paragraph, 1^st sentence (s36);
- 6^th paragraph (s41);
- 7^th paragraph, 1^st line (s41).
p.015.0002:
- 2^nd paragraph (s36)
- paragraph under numbered paragraph 8 (s36);
- numbered paragraph 7 appearing above last paragraph on page (s41).

16.       G2 16/04/03 Nadine Cohen, ASC
Brent Espeland, ASC

First two pages are two copies of a one page email.

Partial copy of documents 5 and 6[40]
4 Release in part
s36

s41
p.016.0003:
- 5^th paragraph, 1^st sentence (s36);
- 6^th paragraph (s41);
- 7^th paragraph, 1^st line (s41).
p.016.0004:
- 2^nd paragraph (s36);
- paragraph under numbered paragraph 8 (s36);
- numbered paragraph 7 appearing above last paragraph on page (s41).

17.       G13 16/04/03 Anthony Ives, ASC Brent Espeland, ASC (through Cohen)
Partial copy of documents 5 and 6[41]
3 Release in part
s36

s41
p.017.0002:
- 5^th paragraph, 1^st sentence (s36)
- 6^th paragraph (s41)
- 7^th paragraph, 1^st line (s41)
p.017.0003:
- 2^nd paragraph (s36)
- paragraph under numbered paragraph 8 (s36)
- numbered paragraph 7 appearing above last paragraph on page (s41)

27.       H33 22/04/03 Paul Blaylock, ASC Record of conversation with Michael Scott and Bob Murphy concerning ASC officer 1 Release in part.
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)
p.027.0001:
- Heading (excluding date) (s40(1)(c), s41);
- Beneath heading, lines 1 to 20 (s40(1)(c), s41);
- First two words of line 24 (s40(1)(c), s41);
- Line 26 to end of page (s40(1)(c), s41).

28.       J5 22/04/03 Paul Blaylock, ASC Copy of document 27 1 Release in part.
s40(1)(c)

s41
p.028.0001:
- Heading (excluding date) (s40(1)(c), s41);
- Beneath heading, lines 1 to 20 (s40(1)(c), s41);
- First two words of line 24 (s40(1)(c), s41);
- Lines 26 to end of page (s40(1)(c), s41).

35.       C4 23/04/03 Anthony Ives Nadine Cohen Partial copy of document 2 8 Release in part
s36 (2.1, 2.2, 2.3)

s41 (4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)
p.035.0002:
- First 4 words of the 2^nd paragraph (s41)
p.035.0003:
- paragraphs 8 and 10 (s36, s41)

36.       C10 23/04/03 Anthony Ives Nadine Cohen, ASC E-mail containing author’s opinions about the Rendell matter. 1 Release in part
s36 (2.1, 2.2, 2.3)

s41 (4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11)
p.036.0001:
- numbered paragraphs 2 and 3 (s41)
- 4^th paragraph: last sentence (s41)
- 5^th to 7^th paragraphs (s36, s41)

37.       G29 23/04/03 Anthony Ives Nadine Cohen, ASC Copy of document 36 1 Release in part
s36

s41
p.037.0001:
- numbered paragraphs 2 and 3 (s41)
- 4^th paragraph: last sentence (s41)
- 5^th to 7^th paragraphs (s36, s41)

38.       C11 23/04/03 Anthony Ives Nadine Cohen, ASC Copy of document 36 1 Release in part
s36

s41
p.038.0001:
- numbered paragraphs 2 and 3 (s41)
- 4^th paragraph: last sentence (s41)
- 5^th to 7^th paragraphs (s36, s41)

40.       G25 23/04/03 Nadine Cohen, ASC Anthony Ives E-mail concerning preparation of Ministerial brief on the progress of the investigation 1 Release in part s41
(4.7) p.040.0001:
- 3^rd paragraph: 2^nd sentence (s41)
- 4^th paragraph: text between ‘similar to’ and ‘liaise’ (s41)

44.       H30 23/04/03 Paul Blaylock, ASC Record of conversation with ASC staff member relating to investigation of complaint against Stuart Rendell. 1 Exempt in full
s40(1)(c)
(2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)
Whole document (s40(1)(c), s41)

45.       J2 23/04/03 Paul Blaylock, ASC Copy of document 44. 1 Exempt in full
s40(1)(c)

s41
Whole document (s40(1)(c), s41)

48.       H32 23/04/03 Paul Blaylock, ASC Notes of record of conversation with Ken Norris. 1 Release in part.
s36, s40(1)(c)
(2.2, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12)
All text except the vertically handwritten text on the left side of the page (s36, s40(1)(c), s41).

49.       J4 23/04/03 Paul Blaylock, ASC Copy of document 48. 1 Release in part.
s36

s40(1)(c)

s41
All text except the vertically handwritten text on the left side of the page (s36, s40(1)(c), s41).

50.       B7 24/04/03 Nadine Cohen, ASC Michael Scott, ASC E-mail summarising ASC’s position regarding investigation relating to Mr Rendell. 1 Release in part s41
(4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10)
p.050.0001:
- 5^th dot point (s41)
- paragraph below 5^th dot point (s41)

51.       B9 24/04/03 Paul Blaylock ASC
Report of internal investigation concerning staff conduct in connection with allegations against Mr Rendell.[42]

Partial copy of document 10
7 Release in part
s36

s40(1)(c)

s41
p.051.0001:
- In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41).
p.051.0002:
- words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41);
- paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41);
- in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41);
- numbered paragraphs 3, 4 and 5 (s41, s40(1)(c))
p.051.0004 - 051.0006:
- Whole of page (s40(1)(c), s41)
p.051.0007:
- in paragraph below subheading 1, last 3 words of paragraph (s41, s40(1)(c));
- subheading 3 and paragraph beneath it (s40(1)(c), s41).

52.       H26 24/04/03 Paul Blaylock ASC Partial copy of document 51.[43] 7 Release in part
s36

s40(1)(c)

s41
p.052.0001:
- In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41).
p.052.0002:
- words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41);
- paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41);
- in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41);
- numbered paragraphs 3, 4 and 5 (s41, s40(1)(c)).
p.052.0004 - 052.0006:
- Whole of page (s40(1)(c), s41).
p.052.0007:
- in paragraph below subheading 1, last 3 words of paragraph (s41, s40(1)(c));
- subheading 3 and paragraph beneath it (s40(1)(c), s41).

53.       J10 24/04/03 Paul Blaylock ASC [44]Copy of document 52. 8 Release in part
s36

s40(1)(c)

s41
p.053.0001:
- In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41).
p.053.0002:
- words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41);
- paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41);
- in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’. (s41);
- numbered paragraphs 3, 4 and 5 (s41, s40(1)(c)).
p.053.0004 - 053.0006:
- Whole of page (s40(1)(c). s41).
p.053.0007:
- in paragraph below subheading 1, last three words of paragraph (s41, s40(1)(c));
- subheading 3 and paragraph beneath it (s40(1)(c), s41).

61.       G34 24/04/03 Anthony Ives Nadine Cohen E-mail concerning Rendell matter printed by Ms Cohen. 1 Exempt in full
s36
(2.1, 2.2, 2.3)

s41
(4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10)
Whole document (s36, s41)

62.       C15 24/04/03 Anthony Ives Nadine Cohen Copy of document 61 printed by Mr Ives. 1 Exempt in full
s36

s41
Whole document (s36, s41)

63.       H28 24/04/03 Ken Norris
ACTAS Signed record of interview conducted by Mr Blaylock (version of Attachment 1 to documents 10 and 51). 1 Release in part.
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)
p.063.0001:
- words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41);
- paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41);
- in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41);
- numbered paragraphs 3, 4 and 5 (s40(1)(c), s41).

64.       J6 24/04/03 Ken Norris
ACTAS Copy of document 63. 1 Release in part.
s40(1)(c)

s41
p.064.0001:
- words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41);
- paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41);
- in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41);
- numbered paragraphs 3, 4 and 5 (s40(1)(c), s41).

87.       H16 27/05/03 Mark Peters, ASC ASC staff member Letter following completion of investigation by Bill Williams 1 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

88.       J11 27/05/03 Mark Peters, ASC ASC staff member Copy of document 87. 1 Exempt in full
s40(1)(c)

s41

s45
Whole document (s40(1)(c), s41, s45)

93.       G62 02/06/03 Bill Williams (Williams Love) Nadine Cohen, ASC E-mail seeking further information in connection with Mr Williams’ inquiry enclosing attachment. 3 Exempt in full
s42
Whole document (s42)

94.       G55 02/06/03 Bill Williams (Williams Love) Nadine Cohen, ASC
Partial copy of document 93[45]
2 Exempt in full s42 Whole document (s42)

95.       G56 02/06/03 Bill Williams (Williams Love) Nadine Cohen, ASC Copy of document 94. 2 Exempt in full s42 Whole document (s42)

96.       G57 02/06/03 Bill Williams (Williams Love) Nadine Cohen, ASC E-mail seeking further information in connection with Mr Williams’ inquiry. 1 Exempt in full s42 Whole document (s42)

97.       G58 02/06/03 Bill Williams (Williams Love) Nadine Cohen, ASC E-mail correspondence relevant to e-mail forming doc 93. 3 Release in part s42 p.097.0002 and p.097.0003
- all (s42)

103.     H10 10/06/03 Mark Peters, ASC ASC staff member Letter following completion of investigation by Bill Williams 2 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

104.     J13 10/06/03 Mark Peters, ASC ASC staff member Copy of document 103. 2 Exempt in full
s40(1)(c)

s41, s45
Whole document (s40(1)(c), s41, s45)

105.     H15 10/06/03 Mark Peters, ASC ASC staff member Letter to ASC staff member concerning the outcome of the WL report.[46] 2 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

106.     J12 10/6/03 Mark Peters, ASC ASC staff member Copy of document 105. 2 Exempt in full
s40(1)(c)

s41, s45
Whole document (s40(1)(c), s41, s45)

108.     E2 11/06/03 Browne & Co Report in relation to investigation concerning Mr Rendell (edited version) 13 Fully released

111.     E7 11/06/03 Browne & Co Annexure 5 to document 108. Interview with Stuart Rendell 11 Release in part s41
(4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11) p.111.0002 - p.111.0011:
- all (s41)

113.     E9 11/06/03 Browne & Co. Annexure 7 to document 108 report by professional expert, Professor Handelsmann (marked confidential) 3 Release in part s40(1)(d)
(2.3, 2.7, 2.8) p.113.0002 to p.113.0003
- all (s40(1)(d))

114.     E10 11/06/03 Browne & Co Annexure 8 to document 108 (marked confidential) 2 Release in part 40 (1)(d)
(2.3, 2.7, 2.8) p.114.0002
- all (s40(1)(d))

123.     G81 16/06/03 Simon Allatson (AA) third party Copy of letter to third party advising out outcome of investigation with annotations[47] 2 Exempt in full
s41
(4.1, 4.2, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11)
Whole document (s41)

124.     J14 16/6/03 Mark Peters, ASC Paul Blaylock, ASC Cover sheet attaching letter to Mark Peters from and ASC staff member dated 12 June 2003[48] 2 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

125.     H14 17/06/03 ASC staff member Mark Peters, ASC E-mail attaching notes of meeting with that staff member held 13 June 2003 3 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

126.     J15 17/6/03 ASC staff member Mark Peters, ASC Copy of document 125. 3 Exempt in full
s40(1)(c)

s41

s45
Whole document (s40(1)(c), s41, s45)

128.     J17 18/6/03 ASC staff member Peter Bartels, ASC Letter (marked personal and in-confidence) 17
Exempt in full

Also contains irrelevant material.

Irrelevancy deletions apply (s22)

s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
p.128.0001
- all (including header) (s40(1)(c), s41, s45)
p.128.0002
- paragraphs 1 to 3 (s40(1)(c), s41, s45)
- 4^th paragraph irrelevant (s22)
- remainder of text on page (s40(1)(c), s41, s45)
p.128.0003 to p.128.0005:
- header (s40(1)(c), s41, s45)
- rest of text on pages irrelevant (s22)
p.128.0006
- header (s40(1)(c), s41, s45)
- first two paragraphs: irrelevant (s22)
- numbered paragraph 9: (s40(1)(c), s41, s45)
p.128.0007
- all (including header): (s40(1)(c), s41, s45)
p.128.0008
- header (s40(1)(c), s41, s45)
- paragraphs 1 to 3 exempt (s40(1)(c), s41, s45)
- bold heading exempt (s40(1)(c), s41, s45)
- dot points 1 to 4 under bold heading: irrelevant (s22)
p.128.0009
- header (s40(1)(c), s41, s45)
- 1^st and 2^nd dot points: irrelevant (s22)
- 3^rd, 4^th and 5^th dot points (s40(1)(c), s41, s45)
p.128.0010 and 128.0011
- all (including header) (s40(1)(c), s41, s45)
p.128.0012 to p.128.0016
- header (s40(1)(c), s41, s45)
- remainder of text: irrelevant (s22)
p.128.0017
- all (including header) (s40(1)(c), s41, s45)

129.     B18 19/06/03 Michael Scott, ASC Nadine Cohen, ASC
Confidential Minute attaching Minute from Cohen to Scott dated 19 June 2003

Document contains a copy of document 123 with attachment pp 1-12 of Brown & Co report (document 108)
16 Release in part
s40(1)(d)
(2.7, 2.8)

s41
(4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11)
p.129.0002
- all handwritten annotations (s41)
p.129.0003 - 00004
- all (s41)
p 129.0009
- 1^st to 4^th words in the 1^st sentence of paragraph 4.3 (s41)
- 2^nd sentence of paragraph 4.3 (s41)
- paragraph 5.1, all text after numbered paragraph (2) (which continues over the page) (s40(1)(d), s41)
p.129.0010
- text of paragraph 5.3 (which continues over page) (s40(1)(d), s41)
p.129.0011
- text of paragraph 5.5 (s40(1)(d), s41)
p.129.0012
- paragraph 5.6, sub paragraphs (1) and (2) (s40(1)(d), s41)
- text of paragraph 5.7 (s40(1)(d))
p.129.0013 to p.129.0015
- text of all paragraphs (s40(1)(d), s41)
p.129.0016
- text of paragraphs 7.4 to 7.8 (s40(1)(d), s41)

130.     G84 19/06/03 Michael Scott, ASC Nadine Cohen, ASC Partial copy of document 129 [49] 16 Release in part
s40(1)(d)

s41
p.130.0002
- all handwritten annotations (s41)
p.130.0003 - 00004
- all (s41)
p 130.0009
- 1^st to 4^th words in the 1^st sentence of paragraph 4.3 (s41)
- 2^nd sentence of paragraph 4.3 (s41)
- paragraph 5.1, all text after numbered paragraph (2) (which continues over the page) (s40(1)(d), s41)
p.130.0010
- text of paragraph 5.3 (which continues over page) (s40(1)(d), s41)
p.130.0011
- text of paragraph 5.5 (s40(1)(d), s41)
p.130.0012
- paragraph 5.6, sub paragraphs (1) and (2) (s40(1)(d), s41)
- text of paragraph 5.7 (s40(1)(d))
p.130.0013 to p.130.0015
- text of all paragraphs (s40(1)(d), s41)
p.130.0016
- text of paragraphs 7.4 to 7.8 (s40(1)(d), s41)

131.     G85 19/06/03 Michael Scott, ASC Nadine Cohen, ASC Copy of document 129 16 Release in part
s40(1)(d)

s41
p.131.0002
- all handwritten annotations (s41)
p.131.0003 - 00004
- all (s41)
p 131.0009
- 1^st to 4^th words in the 1^st sentence of paragraph 4.3 (s41)
- 2^nd sentence of paragraph 4.3 (s41)
- paragraph 5.1, all text after numbered paragraph (2) (which continues over the page) (s40(1)(d), s41)
p.131.0010
- text of paragraph 5.3 (which continues over page) (s40(1)(d), s41)
p.131.0011
- text of paragraph 5.5 (s40(1)(d), s41)
p.131.0012
- paragraph 5.6, sub paragraphs (1) and (2) (s40(1)(d), s41)
- text of paragraph 5.7 (s40(1)(d))
p.131.0013 to p.131.0015
- text of all paragraphs (s40(1)(d), s41)
p.131.0016
- text of paragraphs 7.4 to 7.8 (s40(1)(d), s41)

132.     G86 19/06/03 Michael Scott, ASC Nadine Cohen, ASC
Partial copy of document 129 [50]
16 Release in part
s40(1)(d)

s41
p.132.0002
- all handwritten annotations (s41)
p.132.0003 - 00004
- all (s41)
p 132.0009
- 1^st to 4^th words in the 1^st sentence of paragraph 4.3 (s41)
- 2^nd sentence of paragraph 4.3 (s41)
- paragraph 5.1, all text after numbered paragraph (2) (continues over the page) (s40(1)(d), s41)
p.132.0010
- text of paragraph 5.3 (which continues over page) (s40(1)(d), s41)
p.132.0011
- text of paragraph 5.5 (s40(1)(d), s41)
p.132.0012
- paragraph 5.6, sub paragraphs (1) and (2) (s40(1)(d), s41)
- text of paragraph 5.7 (s40(1)(d))
p.132.0013 to p.132.0015
- text of all paragraphs (s40(1)(d), s41)
p.132.0016
- text of paragraphs 7.4 to 7.8 (s40(1)(d), s41)

136.     H9 25/06/03 ASC staff member Mark Peters, ASC Letter relating to investigation by Mr Williams 11 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

137.     J19 25/6/03 ASC staff member Mark Peters, ASC Copy of document 136. 11 Exempt in full
s40(1)(c)

s41

s45
Whole document (s40(1)(c), s41, s45)

138.     J20 25/6/03 third party Mark Peters, ASC Copy of document 136. 11 Exempt in full
s40(1)(c)

s41

s45
Whole document (s40(1)(c), s41, s45)

139.     H19 26/06/03 Bill Williams (Williams Love) Paul Blaylock, ASC Letter and enclosed Report on Investigations into breaches of conditions of employment Policies and procedures by ASC Staff Arising Out of Information Concerning a Possible Doping Offence and attachments 109 Release in part
s36
(2.2, 2.3, 2.4, 2.5, 2.6)

s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.4, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s42

s45

p.139.0003:
- First paragraph, first line, last 5 words and first 3 words of second line (s42, s40(1)(c), s41, s45);
- Second paragraph, second line, 6th, 7th and 10th-14th words; third line 8th-11th words; fourth line 7th and 8th words (s42, s40(1)(c), s41, s45);
- Third and fourth paragraphs (s42, s40(1)(c), s41, s45);
- Sixth paragraph, first line, 5th, 6th and 7th words (s42, s40(1)(c), s41, s45);
- Seventh paragraph, second line, last 3 words; third line, 2nd-7th and 11th-14th words (s42, s40(1)(c), s41, s45).

p.139.0004:
- In first paragraph under sub-heading ‘Background’, second line, 1^st to 9^th words (s42); third line, the 3 words between ‘of’ and ‘tablets’ (s42, s40(1)(c), s41, s45); fourth line, the last 4 words (s42); 5^th line to end of paragraph (s42);
- Second paragraph under the sub-heading ‘Background’ (s42, s40(1)(c), s41, s45); in the 2^nd line, the three words between ‘of’ and ‘conducted’ (s42, s40(1)(c), s41).
- Fifth paragraph under the sub-heading ‘Background’ (s42, s40(1)(c), s41, s45).

p.139.0005:
- First paragraph, line 1 to line 7 (before word ‘Ms’) (s42, s40(1)(c), s41, s45);
- Second to sixth paragraphs (s42, s40(1)(c), s41, s45).

p.139.0006:
- all of page (s42, s40(1)(c), s41, s45).

p.139.0007:
- First to third paragraphs (s42, s40(1)(c), s41, s45);
In fourth paragraph:
- third line, 2^nd, 3^rd, 8^th and 9^th words;
- fourth line, 7^th to 9^th words;
- fifth line, final word;
- sixth line, 5^th word and final word;
- seventh line, 1^st, 9^th, 10^th, and 14^th words;
- ninth line, 3^rd, 4^th and 8^th words;
- tenth line, 12 and 13^th words;
- eleventh line, 11^th word;
- twelfth line, 9^th to 12^th, and 16^th words,
- thirteenth line, 1^st, 4^th and 12^thwords,
- fourteenth line, 4^th, 7^th, 8^th and 11^th words.
(s42, s40(1)(c), s41, s45)

p.139.0008:
- first line, 7^th word (s42);
- first complete paragraph, first line, the 1^st, 2^nd and 5^th words (s42);
In the second complete paragraph:
- second line 14^th and 15^th words (s42);
- third line, 4^th and 5^th words (s42);
- fourth line, 5th and 6^th, 12^th and 13^th words (s42);
- third complete paragraph, first line, 2^nd and 3^rd words (s42);
- fourth complete paragraph, first line, the 5^th and 6^th words;
- 8^th and 9^th complete paragraphs (s42);
In final paragraph on page:
- first line, the 6^th and 7^th words (s42);
- first line, the 10^th to 14^th words (s42, s40(1)(c), s41, s45);
- second line, the 2^nd word and 4^th to 6^th words (s42).

p. 139.0009:
In the first paragraph:
- second line, 7th-10th words (s42);
- third line, 2^nd to 3^rd words and 6^th to 8^th words (s42, s40(1)(c) s41, s45);
- third line, 11^th to 13^th words (s42);
- fourth line, 1^st word (s42)
- fourth line, the 2^nd to 6^th words (s42, s40(1)(c), s41, s45).
In the second paragraph:
- first line, 10^th and 11^th words (s42);
- first line, 13^th and 14^th words (s42, s40(1)(c), s41, s45);
- second line, 5th-7th and 11th-16th (final) words (s42, s40(1)(c), s41, s45);
- whole of third line (s42, s40(1)(c), s41, s45);
- whole of fourth line (s42, s40(1)(c), s41, s45).
- sixth paragraph, sixth line, first 3 words (s42, s40(1)(c), s41, s45).

p.139.0010:
- first dot point under heading, the 3^rd to 8^th and 11^th words (s42);
- paragraph 4.2, all text after third line to end of page s42, s36, s40(1)(c), s41, s45).

p.139.0011 to p.139.0015:
- whole of page (s42, s36, s40(1)(c), s41, s45).

p.139.0016:
- all text on page before the fifth complete paragraph (s42, s36, s40(1)(c), s41, s45);
In the fifth complete paragraph:
- 1^st and 2^nd lines (s42, s36, s40(1)(c), s41, s45);
- 3^rd line, 1^st to 10^th words (s42, s36, s40(1)(c), s41, s45);
- 3^rd line, last two words (s42);
- 4^th to 6^th lines (s42);
- 7^th to 10^th lines (s42, s36, s40(1)(c), s41, s45).
- sixth complete paragraph (s42, s36, s40(1)(c), s41, s45).

p.139.0017:
- paragraph continuing from previous page (s42, s36, s40(1)(c), s41, s45);
- subheading (e) and paragraph beneath it (s42, s36, s40(1)(c), s41, s45).

p.139.0019:
- In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41).

p.139.0020:
- at top of page, text between ‘&’ and ‘Mr Paul Blaylock’ (s41);
- paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41);
- in numbered paragraph 1, second sentence, text of that sentence following the word ‘indicated’ (s41);
- numbered paragraphs 3, 4 and 5 (s41, s40(1)(c)).

p.139.0022 to p.139.0024:
- whole of page (s40(1)(c), s41)

p.139.0025:
- in paragraph below subheading 1, last 3 words of paragraph (s40(1)(c), s41);
- subheading 3 and paragraph beneath it (s40(1)(c), s41).

p.139.0027:
- second paragraph of text below bold headings (s42, s40(1)(c), s41);
- in the third paragraph, second line, the text following the word ‘information’ to the end of the paragraph (s42, s41);
- final paragraph on page (s42, s41).

p.139.0032 to p.139.0035:
- whole of page (s42, s40(1)(c), s41, s45).

p.139.0037:
- whole of page (s42, s40(1)(c), s41, s45).

p.139.0045:
- first sentence of fifth paragraph of text beneath bold headings (s36);
- sixth paragraph (s36);
- first line of seventh paragraph (s41).

p.139.0046:
- second paragraph (s36);
- fourth paragraph (s36);
- in fifth paragraph, numbered point 7 (s36).

p.139.0095:
- fifth paragraph (s42, s40(1)(c), s41, s45).
- 9^th paragraph (s42, s40(1)(c), s41, s45).

p.139.0097:
- in second paragraph of text beneath bold headings, text following word ‘ASC’ (s42, s41);
- third paragraph, fifth line, first 10 words (s42, s41).

p.139.0098:
- second paragraph (s42, s41).

p.139.100:
- all text after the first sentence in the second paragraph (s42, s40(1)(c), s41, s45).

p.139.0101 to p.139.0103:
- whole of page (s 42, s40(1)(c), s41, s45).

p.139.0107:
- whole of page (s42, s40(1)(c), s41, s45).

p.139.0109:
- whole of page (s42, s40(1)(c), s41, s45).

140.     J22 26/6/03 Bill Williams (Williams Love) Paul Blaylock, ASC
Partial copy of document 139 [51]

101
Release in part
s36

s40(1)(c)

s41

s42

s45

p.140.0002:
- First paragraph, first line, last 5 words and first 3 words of second line (s42, s40(1)(c), s41, s45);
- Second paragraph, second line, 6th, 7th and 10th-14th words; third line 8th-11th words; fourth line 7th and 8th words (s42, s40(1)(c), s41, s45);
- Third and fourth paragraphs (s42, s40(1)(c), s41, s45);
- Sixth paragraph, first line, 5th, 6th and 7th words (s42, s40(1)(c), s41, s45);
- Seventh paragraph, second line, last 3 words; third line, 2nd-7th and 11th-14th words (s42, s40(1)(c), s41, s45).

p.140.0003:
- In first paragraph under sub-heading ‘Background’, second line, 1^st to 9^th words (s42); third line, the 3 words between ‘of’ and ‘tablets’ (s42, s40(1)(c), s41, s45); fourth line, the last 4 words (s42); 5^th line to end of paragraph (s42);
- Second paragraph under the sub-heading ‘Background’ (s42, s40(1)(c), s41, s45); in the 2^nd line, the three words between ‘of’ and ‘conducted’ (s42, s40(1)(c), s41).
- Fifth paragraph under the sub-heading ‘Background’ (s42, s40(1)(c), s41, s45).

p.140.0004:
- First paragraph, line 1 to line 7 (before word ‘Ms’) (s42, s40(1)(c), s41, s45);
- Second to sixth paragraphs (s42, s40(1)(c), s41, s45).

p.140.0005:
- all of page (s42, s40(1)(c), s41, s45).

p.140.0006:
- First to third paragraphs (s42, s40(1)(c), s41, s45);
In fourth paragraph:
- third line, 2^nd, 3^rd, 8^th and 9^th words;
- fourth line, 7^th to 9^th words;
- fifth line, final word;
- sixth line, 5^th word and final word;
- seventh line, 1^st, 9^th, 10^th, and 14^th words;
- ninth line, 3^rd, 4^th and 8^th words;
- tenth line, 12 and 13^th words;
- eleventh line, 11^th word;
- twelfth line, 9^th to 12^th, and 16^th words,
- thirteenth line, 1^st, 4^th and 12^thwords,
- fourteenth line, 4^th, 7^th, 8^th and 11^th words.
(s42, s40(1)(c), s41, s45)

p.140.0007:
- first line, 7^th word (s42);
- first complete paragraph, first line, the 1^st, 2^nd and 5^th words (s42);
In the second complete paragraph:
- second line 14^th and 15^th words (s42);
- third line, 4^th and 5^th words (s42);
- fourth line, 5th and 6^th, 12^th and 13^th words (s42);
- third complete paragraph, first line, 2^nd and 3^rd words (s42);
- fourth complete paragraph, first line, the 5^th and 6^th words;
- 8^th and 9^th complete paragraphs (s42);
In final paragraph on page:
- first line, the 6^th and 7^th words (s42);
- first line, the 10^th to 14^th words (s42, s40(1)(c), s41, s45);
- second line, the 2^nd and 4^th to 6^th words (s42).

p.140.0008:
In the first paragraph:
- second line, 7th-10th words (s42);
- third line, 2^nd to 3^rd words and 6^th to 8^th words (s42, s40(1)(c) s41, s45);
- third line, 11^th to 13^th words (s42);
- fourth line, 1^st word (s42)
- fourth line, the 2^nd to 6^th words (s42, s40(1)(c), s41, s45).

In the second paragraph:
- first line, 10^th and 11^th words (s42);
- first line, 13^th and 14^th words (s42, s40(1)(c), s41, s45);
- second line, 5th-7th and 11th-16th (final) words (s42, s40(1)(c), s41, s45);
- whole of third line (s42, s40(1)(c), s41, s45);
- whole of fourth line (s42, s40(1)(c), s41, s45).

- sixth paragraph, sixth line, first 3 words (s42, s40(1)(c), s41, s45).

p.140.0009:
- first dot point under heading, the 3^rd to 8^th and 11^th words (s42);
- paragraph 4.2, all text after third line to end of page (s42, s40(1)(c), s41, s45).

p.140.0010 to p.140.0014:
- whole of page (s42, s40(1)(c), s41, s45).

p.140.0015:
- all text on page before the fifth complete paragraph (s42, s36, s40(1)(c), s41, s45);
In the fifth complete paragraph:
- 1^st and 2^nd lines (s42, s36, s40(1)(c), s41, s45);
- 3^rd line, 1^st to 10^th words (s42, s36, s40(1)(c), s41, s45);
- 3^rd line, last two words (s42);
- 4^th to 6^th lines (s42);
- 7^th to 10^th lines (s42, s36, s40(1)(c), s41, s45).
- sixth complete paragraph (s42, s36, s40(1)(c), s41, s45).

p.140.0016:
- paragraph continuing from previous page (s42, s36, s40(1)(c), s41, s45);
- subheading (e) and paragraph beneath it (s42, s36, s40(1)(c), s41, s45).

p.140.0018:
- In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41).

p.140.0019:
- at top of page, text between ‘&’ and ‘Mr Paul Blaylock’ (s40(1)(c), s41);
- paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41);
-in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41);
- numbered paragraphs 3, 4 and 5 (s41, s40(1)(c)).

p.140.0021:
- whole of page (s40(1)(c), s41).

p.140.0022:
- in paragraph below subheading 1, last 3 words of paragraph (s40(1)(c), s41);
- subheading 3 and paragraph beneath it (s40(1)(c), s41).

p.140.0024:
- second paragraph of text below bold headings (s42, s40(1)(c), s41);
- in the third paragraph, second line, the text following the word ‘information’ to the end of the paragraph (s42, s41);
- final paragraph on page (s42, s41).

p.140.0029 to p.140.0032:
- all (s42, s40(1)(c), s41, s45)

p.140.0034:
- all (s42, s40(1)(c), s41, s45)

p.140.0040:
- first sentence of fifth paragraph of text beneath bold headings (s36);
- sixth paragraph (s36);
- first line of seventh paragraph (s41).

p.140.0041:
- second paragraph (s36);
- fourth paragraph (s36);
- in fifth paragraph, numbered point 7. (s36).

p.140.0090:
- fifth paragraph (s42, s40(1)(c), s41, s45);
- 9^th paragraph (s42, s40(1)(c), s41, s45).

p140.0092:
- in second paragraph of text beneath bold headings, text following word ‘ASC’ (s42, s41);
- third paragraph, fifth line, first 10 words (s42. s41).

p.140.0093:
- second paragraph (s42, s41).

p.140.0095:
- all text after the first sentence of the second paragraph (s42, s40(1)(c), s41, s45).

p.140.0096:
- all (s42, s40(1)(c), s41, s45)

p140.0099:
- all (s42, s40(1)(c), s41, s45)

p140.0101:

Doc No.	Old Doc No.	Date	Author	Addressee	Description	Pgs	Decision	Exemption claimed / Relevant Factors	Parts over which exemption claimed
1.	C2	Undated	ASC officer	Not specified	Draft briefing concerning possible importation of prohibited substance by Mr Rendell annotated on page 1 with words ‘Draft briefing not elevated’	8	Release in part	s36 (2.1, 2.2, 2.3, 2.7, 2.8, 2.11, 2.14) s41 (4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)	p.001.0002: - final paragraph on page (s41, s 36) p.001.0004: - first seven words in the 2^nd dot point of text on page (s41); - second sentence in 5^th dot point of text on page (s36, s41).
2.	C3	Undated	ASC officer	Minister for the Arts and Sport (the Minister)	Draft briefing minute to Minister. Pages 5-7 identical to pages 6-8 of document 1	7	Release in part	s36 (2.1, 2.2, 2.3, 2.7, 2.8, 2.11, 2.14) s41 (4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)	p.002.0001 - first 4 words of the 2^nd paragraph (s41) p.002.0002: - paragraphs 8 and 10 (s36, s41)
4.	F1	Undated	Michael Scott, Director AIS	Stuart Rendell	Draft letter	3	Exempt in full	s36 (2.1, 2.2, 2.3) s41 (4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)	Whole document (s36, s41)
5.	G3	Undated (possibly April 2003)	Anthony Ives, ASC	None indicated.	Two copies of two page briefing note (2 copies) concerning Rendell matter with attached copies of sales receipt and Customs seizure notice.	8	Release in part	s36 (2.1, 2.2, 2.3, 2.7, 2.8, 2.11) s41 (4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)	p.005.0001: - 5^th paragraph, 1^st sentence (s36); - 6^th paragraph (s41) - 7^th paragraph, 1^st line (s41) p.005.0002: - 2^nd paragraph (s36). - paragraph under numbered paragraph 8 (s36) - numbered paragraph 7 appearing above last paragraph on page (s41) p.005.0003: - 5^th paragraph, 1^st sentence (s36) - 6^th paragraph (s41) - 7^th paragraph, 1^st line (s41) p.005.0004: - 2^nd paragraph (s36) - paragraph under numbered paragraph 8 (s36). - numbered paragraph 7 appearing above last paragraph on page (s41)
6.	G4	Undated (possibly April 2003)	Anthony Ives, ASC	Copy of two page briefing note forming part of document 5 and copies of sales receipt and Customs seizure notice [35]	6	Release in part	s36 (2.1, 2.2, 2.3) s41 (4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)	p.006.0001: - 5^th paragraph, 1^st sentence (s36) - 6^th paragraph (s41) - 7^th paragraph, 1^st line (s41) p.006.0002: - 2^nd paragraph (s36) - paragraph under numbered paragraph 8 (s36). - numbered paragraph 7 appearing above last paragraph on page (s41)
8.	H13	Undated (possibly 18/06/03)	ASC staff member	Not specified	Follow up note concerning meetings about employment issues with handwritten annotation[36]	1	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
9.	J16	Undated	ASC staff member	Not specified	Copy of document 8.	1	Exempt in full	s40(1)(c) s41 s45	Whole document (s40(1)(c), s41, s45)
10.	H27	Undated	Paul Blaylock, ASC	ASC	Report of internal investigation concerning staff conduct in connection with allegations against Mr Rendell (unsigned)	7	Release in part	s36, s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)	p.010.0001: - In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41). p. 010.0002: - words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41); - paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41); - in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41); - numbered paragraphs 3, 4 and 5 (s40(1)(c), s41); - in text below numbered paragraph 5, the two words opposite the words’ Ken Norris’ (s41). p. 010.0004 to p. 010.0006: - whole of page (s40(1)(c), s41). p. 010.0007: - in paragraph below subheading 1, last 3 words of the paragraph (s40(1)(c), s41); - subheading 3 and paragraph beneath it (s40(1)(c), s41).
11.	J7	Undated	ASC	Partial copy of document 10 [37]	8	Release in part	s36 s40(1)(c) s41	p.011.0001: - In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41). p. 011.0002: - words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41); - paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41); -in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41); - numbered paragraphs 3, 4 and 5 (s40(1)(c), s41); - in text below numbered paragraph 5, the two words opposite the words’ Ken Norris’ (s41). p. 011.0004 to p. 011.0006: - whole of page (s40(1)(c), s41). p. 011.0007: - in paragraph below subheading 1, last 3 words of paragraph (s40(1)(c), s41); - subheading 3 and paragraph beneath it (s40(1)(c), s41).
12.	H29	Undated	Paul Blaylock, ASC	None	Record of conversation with ASC staff member concerning matters relating to reporting of complaint against Stuart Rendell.[38]	1	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)	Whole document (s40(1)(c), s41)
13.	J1	Undated	Paul Blaylock, ASC	None	Copy of document 12.	1	Exempt in full	s40(1)(c) s41	Whole document (s40(1)(c), s41)
15.	G1	14/04/03	Anthony Ives, ASC	None indicated.	Partial copy of documents 5 and 6 [39]	6	Release in part	s36 s41	p.015.0001: - 5^th paragraph, 1^st sentence (s36); - 6^th paragraph (s41); - 7^th paragraph, 1^st line (s41). p.015.0002: - 2^nd paragraph (s36) - paragraph under numbered paragraph 8 (s36); - numbered paragraph 7 appearing above last paragraph on page (s41).
16.	G2	16/04/03	Nadine Cohen, ASC	Brent Espeland, ASC	First two pages are two copies of a one page email. Partial copy of documents 5 and 6[40]	4	Release in part	s36 s41	p.016.0003: - 5^th paragraph, 1^st sentence (s36); - 6^th paragraph (s41); - 7^th paragraph, 1^st line (s41). p.016.0004: - 2^nd paragraph (s36); - paragraph under numbered paragraph 8 (s36); - numbered paragraph 7 appearing above last paragraph on page (s41).
17.	G13	16/04/03	Anthony Ives, ASC	Brent Espeland, ASC (through Cohen)	Partial copy of documents 5 and 6[41]	3	Release in part	s36 s41	p.017.0002: - 5^th paragraph, 1^st sentence (s36) - 6^th paragraph (s41) - 7^th paragraph, 1^st line (s41) p.017.0003: - 2^nd paragraph (s36) - paragraph under numbered paragraph 8 (s36) - numbered paragraph 7 appearing above last paragraph on page (s41)
27.	H33	22/04/03	Paul Blaylock, ASC	Record of conversation with Michael Scott and Bob Murphy concerning ASC officer	1	Release in part.	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)	p.027.0001: - Heading (excluding date) (s40(1)(c), s41); - Beneath heading, lines 1 to 20 (s40(1)(c), s41); - First two words of line 24 (s40(1)(c), s41); - Line 26 to end of page (s40(1)(c), s41).
28.	J5	22/04/03	Paul Blaylock, ASC	Copy of document 27	1	Release in part.	s40(1)(c) s41	p.028.0001: - Heading (excluding date) (s40(1)(c), s41); - Beneath heading, lines 1 to 20 (s40(1)(c), s41); - First two words of line 24 (s40(1)(c), s41); - Lines 26 to end of page (s40(1)(c), s41).
35.	C4	23/04/03	Anthony Ives	Nadine Cohen	Partial copy of document 2	8	Release in part	s36 (2.1, 2.2, 2.3) s41 (4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11, 4.14)	p.035.0002: - First 4 words of the 2^nd paragraph (s41) p.035.0003: - paragraphs 8 and 10 (s36, s41)
36.	C10	23/04/03	Anthony Ives	Nadine Cohen, ASC	E-mail containing author’s opinions about the Rendell matter.	1	Release in part	s36 (2.1, 2.2, 2.3) s41 (4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11)	p.036.0001: - numbered paragraphs 2 and 3 (s41) - 4^th paragraph: last sentence (s41) - 5^th to 7^th paragraphs (s36, s41)
37.	G29	23/04/03	Anthony Ives	Nadine Cohen, ASC	Copy of document 36	1	Release in part	s36 s41	p.037.0001: - numbered paragraphs 2 and 3 (s41) - 4^th paragraph: last sentence (s41) - 5^th to 7^th paragraphs (s36, s41)
38.	C11	23/04/03	Anthony Ives	Nadine Cohen, ASC	Copy of document 36	1	Release in part	s36 s41	p.038.0001: - numbered paragraphs 2 and 3 (s41) - 4^th paragraph: last sentence (s41) - 5^th to 7^th paragraphs (s36, s41)
40.	G25	23/04/03	Nadine Cohen, ASC	Anthony Ives	E-mail concerning preparation of Ministerial brief on the progress of the investigation	1	Release in part	s41 (4.7)	p.040.0001: - 3^rd paragraph: 2^nd sentence (s41) - 4^th paragraph: text between ‘similar to’ and ‘liaise’ (s41)
44.	H30	23/04/03	Paul Blaylock, ASC	Record of conversation with ASC staff member relating to investigation of complaint against Stuart Rendell.	1	Exempt in full	s40(1)(c) (2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)	Whole document (s40(1)(c), s41)
45.	J2	23/04/03	Paul Blaylock, ASC	Copy of document 44.	1	Exempt in full	s40(1)(c) s41	Whole document (s40(1)(c), s41)
48.	H32	23/04/03	Paul Blaylock, ASC	Notes of record of conversation with Ken Norris.	1	Release in part.	s36, s40(1)(c) (2.2, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12)	All text except the vertically handwritten text on the left side of the page (s36, s40(1)(c), s41).
49.	J4	23/04/03	Paul Blaylock, ASC	Copy of document 48.	1	Release in part.	s36 s40(1)(c) s41	All text except the vertically handwritten text on the left side of the page (s36, s40(1)(c), s41).
50.	B7	24/04/03	Nadine Cohen, ASC	Michael Scott, ASC	E-mail summarising ASC’s position regarding investigation relating to Mr Rendell.	1	Release in part	s41 (4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10)	p.050.0001: - 5^th dot point (s41) - paragraph below 5^th dot point (s41)
51.	B9	24/04/03	Paul Blaylock	ASC	Report of internal investigation concerning staff conduct in connection with allegations against Mr Rendell.[42] Partial copy of document 10	7	Release in part	s36 s40(1)(c) s41	p.051.0001: - In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41). p.051.0002: - words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41); - paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41); - in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41); - numbered paragraphs 3, 4 and 5 (s41, s40(1)(c)) p.051.0004 - 051.0006: - Whole of page (s40(1)(c), s41) p.051.0007: - in paragraph below subheading 1, last 3 words of paragraph (s41, s40(1)(c)); - subheading 3 and paragraph beneath it (s40(1)(c), s41).
52.	H26	24/04/03	Paul Blaylock	ASC	Partial copy of document 51.[43]	7	Release in part	s36 s40(1)(c) s41	p.052.0001: - In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41). p.052.0002: - words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41); - paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41); - in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41); - numbered paragraphs 3, 4 and 5 (s41, s40(1)(c)). p.052.0004 - 052.0006: - Whole of page (s40(1)(c), s41). p.052.0007: - in paragraph below subheading 1, last 3 words of paragraph (s41, s40(1)(c)); - subheading 3 and paragraph beneath it (s40(1)(c), s41).
53.	J10	24/04/03	Paul Blaylock	ASC	[44]Copy of document 52.	8	Release in part	s36 s40(1)(c) s41	p.053.0001: - In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41). p.053.0002: - words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41); - paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41); - in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’. (s41); - numbered paragraphs 3, 4 and 5 (s41, s40(1)(c)). p.053.0004 - 053.0006: - Whole of page (s40(1)(c). s41). p.053.0007: - in paragraph below subheading 1, last three words of paragraph (s41, s40(1)(c)); - subheading 3 and paragraph beneath it (s40(1)(c), s41).
61.	G34	24/04/03	Anthony Ives	Nadine Cohen	E-mail concerning Rendell matter printed by Ms Cohen.	1	Exempt in full	s36 (2.1, 2.2, 2.3) s41 (4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10)	Whole document (s36, s41)
62.	C15	24/04/03	Anthony Ives	Nadine Cohen	Copy of document 61 printed by Mr Ives.	1	Exempt in full	s36 s41	Whole document (s36, s41)
63.	H28	24/04/03	Ken Norris ACTAS	Signed record of interview conducted by Mr Blaylock (version of Attachment 1 to documents 10 and 51).	1	Release in part.	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)	p.063.0001: - words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41); - paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41); - in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41); - numbered paragraphs 3, 4 and 5 (s40(1)(c), s41).
64.	J6	24/04/03	Ken Norris ACTAS	Copy of document 63.	1	Release in part.	s40(1)(c) s41	p.064.0001: - words between ‘&’ and ‘Mr Paul Blaylock’ in attendance list at top of page (s41); - paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41); - in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41); - numbered paragraphs 3, 4 and 5 (s40(1)(c), s41).
87.	H16	27/05/03	Mark Peters, ASC	ASC staff member	Letter following completion of investigation by Bill Williams	1	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
88.	J11	27/05/03	Mark Peters, ASC	ASC staff member	Copy of document 87.	1	Exempt in full	s40(1)(c) s41 s45	Whole document (s40(1)(c), s41, s45)
93.	G62	02/06/03	Bill Williams (Williams Love)	Nadine Cohen, ASC	E-mail seeking further information in connection with Mr Williams’ inquiry enclosing attachment.	3	Exempt in full	s42	Whole document (s42)
94.	G55	02/06/03	Bill Williams (Williams Love)	Nadine Cohen, ASC	Partial copy of document 93[45]	2	Exempt in full	s42	Whole document (s42)
95.	G56	02/06/03	Bill Williams (Williams Love)	Nadine Cohen, ASC	Copy of document 94.	2	Exempt in full	s42	Whole document (s42)
96.	G57	02/06/03	Bill Williams (Williams Love)	Nadine Cohen, ASC	E-mail seeking further information in connection with Mr Williams’ inquiry.	1	Exempt in full	s42	Whole document (s42)
97.	G58	02/06/03	Bill Williams (Williams Love)	Nadine Cohen, ASC	E-mail correspondence relevant to e-mail forming doc 93.	3	Release in part	s42	p.097.0002 and p.097.0003 - all (s42)
103.	H10	10/06/03	Mark Peters, ASC	ASC staff member	Letter following completion of investigation by Bill Williams	2	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
104.	J13	10/06/03	Mark Peters, ASC	ASC staff member	Copy of document 103.	2	Exempt in full	s40(1)(c) s41, s45	Whole document (s40(1)(c), s41, s45)
105.	H15	10/06/03	Mark Peters, ASC	ASC staff member	Letter to ASC staff member concerning the outcome of the WL report.[46]	2	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
106.	J12	10/6/03	Mark Peters, ASC	ASC staff member	Copy of document 105.	2	Exempt in full	s40(1)(c) s41, s45	Whole document (s40(1)(c), s41, s45)
108.	E2	11/06/03	Browne & Co	Report in relation to investigation concerning Mr Rendell (edited version)	13	Fully released
111.	E7	11/06/03	Browne & Co	Annexure 5 to document 108. Interview with Stuart Rendell	11	Release in part	s41 (4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11)	p.111.0002 - p.111.0011: - all (s41)
113.	E9	11/06/03	Browne & Co.	Annexure 7 to document 108 report by professional expert, Professor Handelsmann (marked confidential)	3	Release in part	s40(1)(d) (2.3, 2.7, 2.8)	p.113.0002 to p.113.0003 - all (s40(1)(d))
114.	E10	11/06/03	Browne & Co	Annexure 8 to document 108 (marked confidential)	2	Release in part	40 (1)(d) (2.3, 2.7, 2.8)	p.114.0002 - all (s40(1)(d))
123.	G81	16/06/03	Simon Allatson (AA)	third party	Copy of letter to third party advising out outcome of investigation with annotations[47]	2	Exempt in full	s41 (4.1, 4.2, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11)	Whole document (s41)
124.	J14	16/6/03	Mark Peters, ASC	Paul Blaylock, ASC	Cover sheet attaching letter to Mark Peters from and ASC staff member dated 12 June 2003[48]	2	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
125.	H14	17/06/03	ASC staff member	Mark Peters, ASC	E-mail attaching notes of meeting with that staff member held 13 June 2003	3	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
126.	J15	17/6/03	ASC staff member	Mark Peters, ASC	Copy of document 125.	3	Exempt in full	s40(1)(c) s41 s45	Whole document (s40(1)(c), s41, s45)
128.	J17	18/6/03	ASC staff member	Peter Bartels, ASC	Letter (marked personal and in-confidence)	17	Exempt in full Also contains irrelevant material.	Irrelevancy deletions apply (s22) s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	p.128.0001 - all (including header) (s40(1)(c), s41, s45) p.128.0002 - paragraphs 1 to 3 (s40(1)(c), s41, s45) - 4^th paragraph irrelevant (s22) - remainder of text on page (s40(1)(c), s41, s45) p.128.0003 to p.128.0005: - header (s40(1)(c), s41, s45) - rest of text on pages irrelevant (s22) p.128.0006 - header (s40(1)(c), s41, s45) - first two paragraphs: irrelevant (s22) - numbered paragraph 9: (s40(1)(c), s41, s45) p.128.0007 - all (including header): (s40(1)(c), s41, s45) p.128.0008 - header (s40(1)(c), s41, s45) - paragraphs 1 to 3 exempt (s40(1)(c), s41, s45) - bold heading exempt (s40(1)(c), s41, s45) - dot points 1 to 4 under bold heading: irrelevant (s22) p.128.0009 - header (s40(1)(c), s41, s45) - 1^st and 2^nd dot points: irrelevant (s22) - 3^rd, 4^th and 5^th dot points (s40(1)(c), s41, s45) p.128.0010 and 128.0011 - all (including header) (s40(1)(c), s41, s45) p.128.0012 to p.128.0016 - header (s40(1)(c), s41, s45) - remainder of text: irrelevant (s22) p.128.0017 - all (including header) (s40(1)(c), s41, s45)
129.	B18	19/06/03	Michael Scott, ASC	Nadine Cohen, ASC	Confidential Minute attaching Minute from Cohen to Scott dated 19 June 2003 Document contains a copy of document 123 with attachment pp 1-12 of Brown & Co report (document 108)	16	Release in part	s40(1)(d) (2.7, 2.8) s41 (4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11)	p.129.0002 - all handwritten annotations (s41) p.129.0003 - 00004 - all (s41) p 129.0009 - 1^st to 4^th words in the 1^st sentence of paragraph 4.3 (s41) - 2^nd sentence of paragraph 4.3 (s41) - paragraph 5.1, all text after numbered paragraph (2) (which continues over the page) (s40(1)(d), s41) p.129.0010 - text of paragraph 5.3 (which continues over page) (s40(1)(d), s41) p.129.0011 - text of paragraph 5.5 (s40(1)(d), s41) p.129.0012 - paragraph 5.6, sub paragraphs (1) and (2) (s40(1)(d), s41) - text of paragraph 5.7 (s40(1)(d)) p.129.0013 to p.129.0015 - text of all paragraphs (s40(1)(d), s41) p.129.0016 - text of paragraphs 7.4 to 7.8 (s40(1)(d), s41)
130.	G84	19/06/03	Michael Scott, ASC	Nadine Cohen, ASC	Partial copy of document 129 [49]	16	Release in part	s40(1)(d) s41	p.130.0002 - all handwritten annotations (s41) p.130.0003 - 00004 - all (s41) p 130.0009 - 1^st to 4^th words in the 1^st sentence of paragraph 4.3 (s41) - 2^nd sentence of paragraph 4.3 (s41) - paragraph 5.1, all text after numbered paragraph (2) (which continues over the page) (s40(1)(d), s41) p.130.0010 - text of paragraph 5.3 (which continues over page) (s40(1)(d), s41) p.130.0011 - text of paragraph 5.5 (s40(1)(d), s41) p.130.0012 - paragraph 5.6, sub paragraphs (1) and (2) (s40(1)(d), s41) - text of paragraph 5.7 (s40(1)(d)) p.130.0013 to p.130.0015 - text of all paragraphs (s40(1)(d), s41) p.130.0016 - text of paragraphs 7.4 to 7.8 (s40(1)(d), s41)
131.	G85	19/06/03	Michael Scott, ASC	Nadine Cohen, ASC	Copy of document 129	16	Release in part	s40(1)(d) s41	p.131.0002 - all handwritten annotations (s41) p.131.0003 - 00004 - all (s41) p 131.0009 - 1^st to 4^th words in the 1^st sentence of paragraph 4.3 (s41) - 2^nd sentence of paragraph 4.3 (s41) - paragraph 5.1, all text after numbered paragraph (2) (which continues over the page) (s40(1)(d), s41) p.131.0010 - text of paragraph 5.3 (which continues over page) (s40(1)(d), s41) p.131.0011 - text of paragraph 5.5 (s40(1)(d), s41) p.131.0012 - paragraph 5.6, sub paragraphs (1) and (2) (s40(1)(d), s41) - text of paragraph 5.7 (s40(1)(d)) p.131.0013 to p.131.0015 - text of all paragraphs (s40(1)(d), s41) p.131.0016 - text of paragraphs 7.4 to 7.8 (s40(1)(d), s41)
132.	G86	19/06/03	Michael Scott, ASC	Nadine Cohen, ASC	Partial copy of document 129 [50]	16	Release in part	s40(1)(d) s41	p.132.0002 - all handwritten annotations (s41) p.132.0003 - 00004 - all (s41) p 132.0009 - 1^st to 4^th words in the 1^st sentence of paragraph 4.3 (s41) - 2^nd sentence of paragraph 4.3 (s41) - paragraph 5.1, all text after numbered paragraph (2) (continues over the page) (s40(1)(d), s41) p.132.0010 - text of paragraph 5.3 (which continues over page) (s40(1)(d), s41) p.132.0011 - text of paragraph 5.5 (s40(1)(d), s41) p.132.0012 - paragraph 5.6, sub paragraphs (1) and (2) (s40(1)(d), s41) - text of paragraph 5.7 (s40(1)(d)) p.132.0013 to p.132.0015 - text of all paragraphs (s40(1)(d), s41) p.132.0016 - text of paragraphs 7.4 to 7.8 (s40(1)(d), s41)
136.	H9	25/06/03	ASC staff member	Mark Peters, ASC	Letter relating to investigation by Mr Williams	11	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
137.	J19	25/6/03	ASC staff member	Mark Peters, ASC	Copy of document 136.	11	Exempt in full	s40(1)(c) s41 s45	Whole document (s40(1)(c), s41, s45)
138.	J20	25/6/03	third party	Mark Peters, ASC	Copy of document 136.	11	Exempt in full	s40(1)(c) s41 s45	Whole document (s40(1)(c), s41, s45)
139.	H19	26/06/03	Bill Williams (Williams Love)	Paul Blaylock, ASC	Letter and enclosed Report on Investigations into breaches of conditions of employment Policies and procedures by ASC Staff Arising Out of Information Concerning a Possible Doping Offence and attachments	109	Release in part	s36 (2.2, 2.3, 2.4, 2.5, 2.6) s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.4, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s42 s45	p.139.0003: - First paragraph, first line, last 5 words and first 3 words of second line (s42, s40(1)(c), s41, s45); - Second paragraph, second line, 6th, 7th and 10th-14th words; third line 8th-11th words; fourth line 7th and 8th words (s42, s40(1)(c), s41, s45); - Third and fourth paragraphs (s42, s40(1)(c), s41, s45); - Sixth paragraph, first line, 5th, 6th and 7th words (s42, s40(1)(c), s41, s45); - Seventh paragraph, second line, last 3 words; third line, 2nd-7th and 11th-14th words (s42, s40(1)(c), s41, s45). p.139.0004: - In first paragraph under sub-heading ‘Background’, second line, 1^st to 9^th words (s42); third line, the 3 words between ‘of’ and ‘tablets’ (s42, s40(1)(c), s41, s45); fourth line, the last 4 words (s42); 5^th line to end of paragraph (s42); - Second paragraph under the sub-heading ‘Background’ (s42, s40(1)(c), s41, s45); in the 2^nd line, the three words between ‘of’ and ‘conducted’ (s42, s40(1)(c), s41). - Fifth paragraph under the sub-heading ‘Background’ (s42, s40(1)(c), s41, s45). p.139.0005: - First paragraph, line 1 to line 7 (before word ‘Ms’) (s42, s40(1)(c), s41, s45); - Second to sixth paragraphs (s42, s40(1)(c), s41, s45). p.139.0006: - all of page (s42, s40(1)(c), s41, s45). p.139.0007: - First to third paragraphs (s42, s40(1)(c), s41, s45); In fourth paragraph: - third line, 2^nd, 3^rd, 8^th and 9^th words; - fourth line, 7^th to 9^th words; - fifth line, final word; - sixth line, 5^th word and final word; - seventh line, 1^st, 9^th, 10^th, and 14^th words; - ninth line, 3^rd, 4^th and 8^th words; - tenth line, 12 and 13^th words; - eleventh line, 11^th word; - twelfth line, 9^th to 12^th, and 16^th words, - thirteenth line, 1^st, 4^th and 12^thwords, - fourteenth line, 4^th, 7^th, 8^th and 11^th words. (s42, s40(1)(c), s41, s45) p.139.0008: - first line, 7^th word (s42); - first complete paragraph, first line, the 1^st, 2^nd and 5^th words (s42); In the second complete paragraph: - second line 14^th and 15^th words (s42); - third line, 4^th and 5^th words (s42); - fourth line, 5th and 6^th, 12^th and 13^th words (s42); - third complete paragraph, first line, 2^nd and 3^rd words (s42); - fourth complete paragraph, first line, the 5^th and 6^th words; - 8^th and 9^th complete paragraphs (s42); In final paragraph on page: - first line, the 6^th and 7^th words (s42); - first line, the 10^th to 14^th words (s42, s40(1)(c), s41, s45); - second line, the 2^nd word and 4^th to 6^th words (s42). p. 139.0009: In the first paragraph: - second line, 7th-10th words (s42); - third line, 2^nd to 3^rd words and 6^th to 8^th words (s42, s40(1)(c) s41, s45); - third line, 11^th to 13^th words (s42); - fourth line, 1^st word (s42) - fourth line, the 2^nd to 6^th words (s42, s40(1)(c), s41, s45). In the second paragraph: - first line, 10^th and 11^th words (s42); - first line, 13^th and 14^th words (s42, s40(1)(c), s41, s45); - second line, 5th-7th and 11th-16th (final) words (s42, s40(1)(c), s41, s45); - whole of third line (s42, s40(1)(c), s41, s45); - whole of fourth line (s42, s40(1)(c), s41, s45). - sixth paragraph, sixth line, first 3 words (s42, s40(1)(c), s41, s45). p.139.0010: - first dot point under heading, the 3^rd to 8^th and 11^th words (s42); - paragraph 4.2, all text after third line to end of page s42, s36, s40(1)(c), s41, s45). p.139.0011 to p.139.0015: - whole of page (s42, s36, s40(1)(c), s41, s45). p.139.0016: - all text on page before the fifth complete paragraph (s42, s36, s40(1)(c), s41, s45); In the fifth complete paragraph: - 1^st and 2^nd lines (s42, s36, s40(1)(c), s41, s45); - 3^rd line, 1^st to 10^th words (s42, s36, s40(1)(c), s41, s45); - 3^rd line, last two words (s42); - 4^th to 6^th lines (s42); - 7^th to 10^th lines (s42, s36, s40(1)(c), s41, s45). - sixth complete paragraph (s42, s36, s40(1)(c), s41, s45). p.139.0017: - paragraph continuing from previous page (s42, s36, s40(1)(c), s41, s45); - subheading (e) and paragraph beneath it (s42, s36, s40(1)(c), s41, s45). p.139.0019: - In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41). p.139.0020: - at top of page, text between ‘&’ and ‘Mr Paul Blaylock’ (s41); - paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41); - in numbered paragraph 1, second sentence, text of that sentence following the word ‘indicated’ (s41); - numbered paragraphs 3, 4 and 5 (s41, s40(1)(c)). p.139.0022 to p.139.0024: - whole of page (s40(1)(c), s41) p.139.0025: - in paragraph below subheading 1, last 3 words of paragraph (s40(1)(c), s41); - subheading 3 and paragraph beneath it (s40(1)(c), s41). p.139.0027: - second paragraph of text below bold headings (s42, s40(1)(c), s41); - in the third paragraph, second line, the text following the word ‘information’ to the end of the paragraph (s42, s41); - final paragraph on page (s42, s41). p.139.0032 to p.139.0035: - whole of page (s42, s40(1)(c), s41, s45). p.139.0037: - whole of page (s42, s40(1)(c), s41, s45). p.139.0045: - first sentence of fifth paragraph of text beneath bold headings (s36); - sixth paragraph (s36); - first line of seventh paragraph (s41). p.139.0046: - second paragraph (s36); - fourth paragraph (s36); - in fifth paragraph, numbered point 7 (s36). p.139.0095: - fifth paragraph (s42, s40(1)(c), s41, s45). - 9^th paragraph (s42, s40(1)(c), s41, s45). p.139.0097: - in second paragraph of text beneath bold headings, text following word ‘ASC’ (s42, s41); - third paragraph, fifth line, first 10 words (s42, s41). p.139.0098: - second paragraph (s42, s41). p.139.100: - all text after the first sentence in the second paragraph (s42, s40(1)(c), s41, s45). p.139.0101 to p.139.0103: - whole of page (s 42, s40(1)(c), s41, s45). p.139.0107: - whole of page (s42, s40(1)(c), s41, s45). p.139.0109: - whole of page (s42, s40(1)(c), s41, s45).
140.	J22	26/6/03	Bill Williams (Williams Love)	Paul Blaylock, ASC	Partial copy of document 139 [51]	101	Release in part	s36 s40(1)(c) s41 s42 s45	p.140.0002: - First paragraph, first line, last 5 words and first 3 words of second line (s42, s40(1)(c), s41, s45); - Second paragraph, second line, 6th, 7th and 10th-14th words; third line 8th-11th words; fourth line 7th and 8th words (s42, s40(1)(c), s41, s45); - Third and fourth paragraphs (s42, s40(1)(c), s41, s45); - Sixth paragraph, first line, 5th, 6th and 7th words (s42, s40(1)(c), s41, s45); - Seventh paragraph, second line, last 3 words; third line, 2nd-7th and 11th-14th words (s42, s40(1)(c), s41, s45). p.140.0003: - In first paragraph under sub-heading ‘Background’, second line, 1^st to 9^th words (s42); third line, the 3 words between ‘of’ and ‘tablets’ (s42, s40(1)(c), s41, s45); fourth line, the last 4 words (s42); 5^th line to end of paragraph (s42); - Second paragraph under the sub-heading ‘Background’ (s42, s40(1)(c), s41, s45); in the 2^nd line, the three words between ‘of’ and ‘conducted’ (s42, s40(1)(c), s41). - Fifth paragraph under the sub-heading ‘Background’ (s42, s40(1)(c), s41, s45). p.140.0004: - First paragraph, line 1 to line 7 (before word ‘Ms’) (s42, s40(1)(c), s41, s45); - Second to sixth paragraphs (s42, s40(1)(c), s41, s45). p.140.0005: - all of page (s42, s40(1)(c), s41, s45). p.140.0006: - First to third paragraphs (s42, s40(1)(c), s41, s45); In fourth paragraph: - third line, 2^nd, 3^rd, 8^th and 9^th words; - fourth line, 7^th to 9^th words; - fifth line, final word; - sixth line, 5^th word and final word; - seventh line, 1^st, 9^th, 10^th, and 14^th words; - ninth line, 3^rd, 4^th and 8^th words; - tenth line, 12 and 13^th words; - eleventh line, 11^th word; - twelfth line, 9^th to 12^th, and 16^th words, - thirteenth line, 1^st, 4^th and 12^thwords, - fourteenth line, 4^th, 7^th, 8^th and 11^th words. (s42, s40(1)(c), s41, s45) p.140.0007: - first line, 7^th word (s42); - first complete paragraph, first line, the 1^st, 2^nd and 5^th words (s42); In the second complete paragraph: - second line 14^th and 15^th words (s42); - third line, 4^th and 5^th words (s42); - fourth line, 5th and 6^th, 12^th and 13^th words (s42); - third complete paragraph, first line, 2^nd and 3^rd words (s42); - fourth complete paragraph, first line, the 5^th and 6^th words; - 8^th and 9^th complete paragraphs (s42); In final paragraph on page: - first line, the 6^th and 7^th words (s42); - first line, the 10^th to 14^th words (s42, s40(1)(c), s41, s45); - second line, the 2^nd and 4^th to 6^th words (s42). p.140.0008: In the first paragraph: - second line, 7th-10th words (s42); - third line, 2^nd to 3^rd words and 6^th to 8^th words (s42, s40(1)(c) s41, s45); - third line, 11^th to 13^th words (s42); - fourth line, 1^st word (s42) - fourth line, the 2^nd to 6^th words (s42, s40(1)(c), s41, s45). In the second paragraph: - first line, 10^th and 11^th words (s42); - first line, 13^th and 14^th words (s42, s40(1)(c), s41, s45); - second line, 5th-7th and 11th-16th (final) words (s42, s40(1)(c), s41, s45); - whole of third line (s42, s40(1)(c), s41, s45); - whole of fourth line (s42, s40(1)(c), s41, s45). - sixth paragraph, sixth line, first 3 words (s42, s40(1)(c), s41, s45). p.140.0009: - first dot point under heading, the 3^rd to 8^th and 11^th words (s42); - paragraph 4.2, all text after third line to end of page (s42, s40(1)(c), s41, s45). p.140.0010 to p.140.0014: - whole of page (s42, s40(1)(c), s41, s45). p.140.0015: - all text on page before the fifth complete paragraph (s42, s36, s40(1)(c), s41, s45); In the fifth complete paragraph: - 1^st and 2^nd lines (s42, s36, s40(1)(c), s41, s45); - 3^rd line, 1^st to 10^th words (s42, s36, s40(1)(c), s41, s45); - 3^rd line, last two words (s42); - 4^th to 6^th lines (s42); - 7^th to 10^th lines (s42, s36, s40(1)(c), s41, s45). - sixth complete paragraph (s42, s36, s40(1)(c), s41, s45). p.140.0016: - paragraph continuing from previous page (s42, s36, s40(1)(c), s41, s45); - subheading (e) and paragraph beneath it (s42, s36, s40(1)(c), s41, s45). p.140.0018: - In the list of people interviewed, the 4^th and 7^th person (s40(1)(c), s41). p.140.0019: - at top of page, text between ‘&’ and ‘Mr Paul Blaylock’ (s40(1)(c), s41); - paragraph above numbered paragraph 1, 1^st sentence (s40(1)(c), s41); -in numbered paragraph 1, second sentence, text of that sentence following word ‘indicated’ (s41); - numbered paragraphs 3, 4 and 5 (s41, s40(1)(c)). p.140.0021: - whole of page (s40(1)(c), s41). p.140.0022: - in paragraph below subheading 1, last 3 words of paragraph (s40(1)(c), s41); - subheading 3 and paragraph beneath it (s40(1)(c), s41). p.140.0024: - second paragraph of text below bold headings (s42, s40(1)(c), s41); - in the third paragraph, second line, the text following the word ‘information’ to the end of the paragraph (s42, s41); - final paragraph on page (s42, s41). p.140.0029 to p.140.0032: - all (s42, s40(1)(c), s41, s45) p.140.0034: - all (s42, s40(1)(c), s41, s45) p.140.0040: - first sentence of fifth paragraph of text beneath bold headings (s36); - sixth paragraph (s36); - first line of seventh paragraph (s41). p.140.0041: - second paragraph (s36); - fourth paragraph (s36); - in fifth paragraph, numbered point 7. (s36). p.140.0090: - fifth paragraph (s42, s40(1)(c), s41, s45); - 9^th paragraph (s42, s40(1)(c), s41, s45). p140.0092: - in second paragraph of text beneath bold headings, text following word ‘ASC’ (s42, s41); - third paragraph, fifth line, first 10 words (s42. s41). p.140.0093: - second paragraph (s42, s41). p.140.0095: - all text after the first sentence of the second paragraph (s42, s40(1)(c), s41, s45). p.140.0096: - all (s42, s40(1)(c), s41, s45) p140.0099: - all (s42, s40(1)(c), s41, s45) p140.0101:

141.     J24 27/6/03 Peter Bartels, ASC ASC staff member Letter, following Williams Love report. 1 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

142.     H12 30/06/03 Mark Peters, ASC ASC staff member Letter, following Williams Love report. 1 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

143.     J26 30/06/03 Mark Peters, ASC ASC staff member Copy of document 142. 1 Exempt in full
s40(1)(c)

s41

s45
Whole document (s40(1)(c), s41, s45)

144.     J27 30/06/03 Mark Peters, ASC ASC staff member Letter, following Williams Love report. 1 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

146.     H8 01/07/03 Mark Peters, ASC ASC staff member Letter, following Williams Love report. 1 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

147.     1/07/03 Mark Peters, ASC ASC staff member Copy of document 146. 1 Exempt in full
s40(1)(c)

s41

s45
Whole document (s40(1)(c), s41, s45)

151.     H11 07/07/03 Paul Blaylock, ASC ASC staff member Record of confidential meeting with ASC staff member 2 Exempt in full
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13)

s45
Whole document (s40(1)(c), s41, s45)

152.     J34 07/07/03 Paul Blaylock, ASC ASC staff member Copy of document 151. 2 Exempt in full
s40(1)(c)

s41

s45
Whole document (s40(1)(c), s41, s45)

153.     H1 Sept 03 Brent Espeland, ASC Minister for the Arts and Sport Draft confidential briefing minute 10 Release in part
s36
(2.9, 2.10)

s40(1)(c)
(2.2, 2.3, 2.5, 2.6)

s41
(4.1, 4.5, 4.7, 4.9, 4.13)

s42
p.153.0004:
- 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41);
- last paragraph (s41).
p.153.0005:
- 1st paragraph: last sentence (s42)
- 5^th paragraph (s36)
p.153.0006:
- 3^rd paragraph (s36, s41)

154.     D23 Sept 03 Brent Espeland, ASC Minister for the Arts and Sport Copy of document 153. 10 Release in part
s36

s40(1)(c)

s41

s42
p.154.0004:
- 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41);
- last paragraph (s41).
p.154.0005:
- 1st paragraph: last sentence (s42)
- 5^th paragraph (s36)
p.154.0006:
- 3^rd paragraph (s36, s41)

155.     J44 Sept 03 Brent Espeland, ASC Minister for the Arts and Sport Copy of document 153. 10 Release in part
s36

s40(1)(c)

s41

s42
p.155.0004:
- 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41);
- last paragraph (s41).
p.155.0005:
- 1st paragraph: last sentence (s42)
- 5^th paragraph (s36)
p.155.0006:
- 3^rd paragraph (s36, s41)

156.     A4 12/09/03 Brent Espeland, ASC Minister for the Arts and Sport
Briefing Minute – includes draft letter to Ms Clews x2 (released)

Exempt material is a copy of document 153.
14 Release in part
s36
(2.9, 2.10)

s40(1)(c)
(2.2, 2.3, 2.5, 2.6)

s41
(4.1, 4.5, 4.7, 4.9, 4.13)

s42
p.156.0004:
- 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41);
- last paragraph (s41).
p.156.0005:
- 1st paragraph: last sentence (s42)
- 5^th paragraph (s36)
p.156.0006:
- 3^rd paragraph (s36, s41)

157.     D27 12/09/03 Brent Espeland, ASC Minister for the Arts and Sport Partial copy of document 156 10 Release in part
s36

s40(1)(c)

s41

s42
p.157.0004:
- 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41);
- last paragraph (s41).
p.157.0005:
- 1st paragraph: last sentence (s42)
- 5^th paragraph (s36)
p.157.0006:
- 3^rd paragraph (s36, s41)

158.     J46 13/10/03 Brent Espeland, ASC Minister for the Arts and Sport Partial copy of document 156[52] 10 Release in part
s36

s40(1)(c)

s41

s42
p.158.0004:
- 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41);
- last paragraph (s41).
p.158.0005:
- 1st paragraph: last sentence (s42)
- 5^th paragraph (s36)
p.158.0006:
- 3^rd paragraph (s36, s41)

171. 19/06/03 Nadine Cohen, ASC File note of discussions between Bill Williams and ASC Officers concerning his investigation. 1 Exempt in full s42 Whole document.

172. 30/04/03 Nadine Cohen, ASC File note of conversation with Toni Smith (ASC) in relation to matters concerning seizure notice and file note of conversation with Bill Williams concerning his investigation. 1 Release in part
s41
(4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11)

s42
p.172.0001:
- all text in numbered point two (s41);
- all text below last handwritten line (s42).

174 . 29/04/03 Nadine Cohen, ASC File note of conversation with Bill Williams concerning the investigation. 1 Exempt in full
s40(1)(c)
(2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.6, 4.7, 4.9)

s42
p.174.0001:
- all text on page (s42);
- all text below handwritten line (s41, s40(1)(c)).

177. 23/04/03 Nadine Cohen, ASC File note of discussion with Kim Terrell (ASDA) on matters relating to complaint. 1 Release in part s41
(4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8) p.177.0001:
- All text below handwritten line.

179. 23/04/03 Nadine Cohen, ASC File note of discussion with Anthony Ives (ASC) concerning his handling of complaint. 1 Exempt in full s40(1)(c)
(2.3, 2.4, 2.5, 2.6)
s41
(4.1, 4.5, 4.6, 4.7, 4.9) Whole document.

181. 23/04/03 Nadine Cohen, ASC File note of discussion with Kim Terrell (ASDA), file note of discussion with David Whitfield (ACS) and file note of discussion with Ken Fitch, all discussing issues relating to seized substance. 2 Release in part
Irrelevancy deletions apply (s22)

s40(1)(d)
(2.8)

p.181.0001:
- last two lines of text on page (s22, s40(1)(d)).
p.182.0002:
3^rd line of text on page (s22, s40(1)(d)).

182. 22/04/03 Nadine Cohen, ASC File note of conversation with Kim Terrell (ASDA) notifying of complaint. 1 Release in part
s40(1)(c)
(2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9)
p.182.0001:
- 3^rd paragraph of text, including sub-paragraph beneath.

184. 22/04/03 Nadine Cohen, ASC File note of conversation with Simon Allatson (AA). 1 Release in part s41
(4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8) p.184.0001:
- all text in the second arrow point underneath the second asterix point on page.

187. 16/04/03 Nadine Cohen, ASC File note of discussion with Anthony Ives (ASC) concerning his handling of complaint. 2 Release in part
s40(1)(c)
(2.2, 2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9)
p.187.0001:
- first seven lines of text on page (s40(1)(c));
- five lines of text on the left side of the handwritten line (s41, s40(1)(c)).

188. 16/04/03 Nadine Cohen, ASC File note of briefing by Anthony Ives (ASC) to Nadine Cohen of history of complaint.   2 Release in part
s40(1)(c)
(2.3, 2.4, 2.5, 2.6)

s41
(4.1, 4.5, 4.6, 4.7, 4.9)
p.188.0001:
- fourth line of text underneath heading (s40(1)(c), s41);
- all text in the second arrow point on page (s40(1)(c), s41);
- all text in the third asterix point on page (s40(1)(c)).
[35] Attached to document 5
[36] Document does not contain any personal information of applicant
[37] Document includes two copies of attachment 2 (Ms Clews record of interview), one of which has a different handwritten notation not included in the version in document 10.)
[38] Document does not contain any personal information of applicant
[39] Dated but not signed
[40] Third and fourth pages are a copy of two page briefing note
[41] Copy of briefing note with handwritten annotations
[42] Signed and dated version of document 10 - contains handwritten annotation on page 1.
[43] Without the handwritten notation on page 1
[44] Document signed and dated
[45] Document contains e-mail which forms document 93 (less attachment).
[46] Document does not contain any personal information of the applicant
[47] Document does not contain any personal information of the applicant
[48] Document does not contain any personal information of the applicant
[49] Document contains one additional notation on page 1
[50] Document contains one additional notation on page 1 that differs from the additional notation on page 1 of document 130
[51] Document contains following differences (1) cover letter is not duplicated as it is in doc 139
[52] Briefing Minute with additional annotation on pg 1. Includes signed letter to Clews (released #J48)
Public interest factors
1. Public interest factors in favour of disclosure (ss36 and 40(1)(c))
1.The objects of the FOI Act (section 3) which recognise a right of access to documents in the possession of government agencies.
2.The public interest in scrutiny of actions taken by Government in responding to complaints about coming within the agency’s functions.
3.The public interest in applicant’s having access to own personal information.

2. Public interest factors against disclosure (ss36, 40(1)(c) 40(1)(d))
1.There is a public interest in not disclosing documents containing opinions expressed at a very early stage prior to the investigation and which subsequently have proved to be incorrect or misleading.
2.There is a public interest in not disclosing information impacting adversely on the reputation of a person when that information has been investigated and found to be incorrect.
3.There is a public interest in not disclosing information which would reignite debate on allegations and complaints which have been investigated and resolved.
4.There is a public interest in the ASC being able to obtain the full cooperation of its staff to provide information voluntarily and in the most comprehensive manner.
5.There is a public interest in the workforce of the ASC working in harmony and effectively.
6.There is a public interest in the ASC being able to effectively investigate and manage its personnel.
7.There is a public interest in maintaining an effective working relationship and trust between the Australian Sports Commission and Athletics Australia.
8.There is a public interest in the Australian Sports Commission being able to rely on the cooperation of other agencies to receive and share information particularly in order to carry out its functions of investigating possible breaches of its anti-doping policy.
9.Officers of the Government should be able to communicate directly, freely and confidentially with a responsible Minister on issues which are considered sensitive and controversial and which affect a Minister’s portfolio.
10.There is a public interest in not disclosing sensitive communications which if released, may cause officers to feel some reluctance to record sensitive issues in the future.
11.The preparation of possible responses to questions in Parliament is a very sensitive aspect of the work of agency officers and it is appropriate that briefing and other material produced on a confidential basis in the preparation of those responses, remain undisclosed. The release of such documents would threaten the protection of the Westminster-based system of Government.

3. Factors which would make disclosure of information reasonable (section 41)
1.The applicant’s interest in knowing that her complaint was accepted and not misrepresented or unfairly discounted by the ASC.
2.The objects of the FOI Act (section 3) recognise a right of access to documents in the possession of government agencies.
3.The public interest in scrutiny of actions taken by Government in relation to matters which are the subject of the applicant’s request.

4. Factors which would make disclosure unreasonable (section 41)
1.The information is not bland or commonplace; its disclosure would have serious adverse consequences.
2.Mr Rendell has not consented to the disclosure of the document.
3.The information is untrue and adverse to Mr Rendell’s reputation.
4.The disclosure of the information could damage Mr Rendell’s reputation as a public figure and an athlete.
5.The disclosure of the information could reignite past controversy which has been investigated and resolved.
6.The information has no current relevance. The information was collected in response to a complaint made by the applicant. The complaint was fully investigated and a decision made which determined the matter.
7.The information would not assist the public’s understanding of the process associated with the handling of the complaint by the respondent.
8.The disclosure of the information could distract Mr Rendell in the lead up to team selections for the Commonwealth Games in 2006.
9.Disclosure of these documents would disclose extremely sensitive unpublished information relating to the individual conduct of officers and former officers of the ASC which information did not give rise to disciplinary action being taken by the ASC.
10.The information or opinion is personal information about Stuart Rendell and is sensitive and not publicly known. Disclosure of that information would have a significant and negative impact upon his reputation.
11.The personal information relates to Stuart Rendell and is sensitive in that it concerns a preliminary investigation into whether he has a case to answer in relation to an alleged breach of the anti-doping policy and is no longer relevant as the investigation concluded that no breach had occurred.
12.The personal information was provided voluntarily and in confidence by ASC officers in 2003 to assist the ASC to investigate whether its staff had responded appropriately to a complaint made to it by the applicant.
13.The information was obtained as part of investigations undertaken by the ASC in relation to its own officers as to whether there had been any breach of the ASC Code of Conduct. The information is sensitive and was communicated voluntarily and in mutual confidence.
14.The document contains personal information and is a document that was drafted but not used by the ASC.

(2) pp 5-6 of Attachment 1 as it appears in document 139 to not appear in this document, (3)Record of interview at Attachment 6 and cover page of Attachment 7 in doc 139 do not appear in this document, (4) pp 3-4 of Attachment 11 and cover page of Attachment 12 in doc 139 do not appear in this document.

141.	J24	27/6/03	Peter Bartels, ASC	ASC staff member	Letter, following Williams Love report.	1	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
142.	H12	30/06/03	Mark Peters, ASC	ASC staff member	Letter, following Williams Love report.	1	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
143.	J26	30/06/03	Mark Peters, ASC	ASC staff member	Copy of document 142.	1	Exempt in full	s40(1)(c) s41 s45	Whole document (s40(1)(c), s41, s45)
144.	J27	30/06/03	Mark Peters, ASC	ASC staff member	Letter, following Williams Love report.	1	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
146.	H8	01/07/03	Mark Peters, ASC	ASC staff member	Letter, following Williams Love report.	1	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
147.	1/07/03	Mark Peters, ASC	ASC staff member	Copy of document 146.	1	Exempt in full	s40(1)(c) s41 s45	Whole document (s40(1)(c), s41, s45)
151.	H11	07/07/03	Paul Blaylock, ASC	ASC staff member	Record of confidential meeting with ASC staff member	2	Exempt in full	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9, 4.12, 4.13) s45	Whole document (s40(1)(c), s41, s45)
152.	J34	07/07/03	Paul Blaylock, ASC	ASC staff member	Copy of document 151.	2	Exempt in full	s40(1)(c) s41 s45	Whole document (s40(1)(c), s41, s45)
153.	H1	Sept 03	Brent Espeland, ASC	Minister for the Arts and Sport	Draft confidential briefing minute	10	Release in part	s36 (2.9, 2.10) s40(1)(c) (2.2, 2.3, 2.5, 2.6) s41 (4.1, 4.5, 4.7, 4.9, 4.13) s42	p.153.0004: - 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41); - last paragraph (s41). p.153.0005: - 1st paragraph: last sentence (s42) - 5^th paragraph (s36) p.153.0006: - 3^rd paragraph (s36, s41)
154.	D23	Sept 03	Brent Espeland, ASC	Minister for the Arts and Sport	Copy of document 153.	10	Release in part	s36 s40(1)(c) s41 s42	p.154.0004: - 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41); - last paragraph (s41). p.154.0005: - 1st paragraph: last sentence (s42) - 5^th paragraph (s36) p.154.0006: - 3^rd paragraph (s36, s41)
155.	J44	Sept 03	Brent Espeland, ASC	Minister for the Arts and Sport	Copy of document 153.	10	Release in part	s36 s40(1)(c) s41 s42	p.155.0004: - 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41); - last paragraph (s41). p.155.0005: - 1st paragraph: last sentence (s42) - 5^th paragraph (s36) p.155.0006: - 3^rd paragraph (s36, s41)
156.	A4	12/09/03	Brent Espeland, ASC	Minister for the Arts and Sport	Briefing Minute – includes draft letter to Ms Clews x2 (released) Exempt material is a copy of document 153.	14	Release in part	s36 (2.9, 2.10) s40(1)(c) (2.2, 2.3, 2.5, 2.6) s41 (4.1, 4.5, 4.7, 4.9, 4.13) s42	p.156.0004: - 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41); - last paragraph (s41). p.156.0005: - 1st paragraph: last sentence (s42) - 5^th paragraph (s36) p.156.0006: - 3^rd paragraph (s36, s41)
157.	D27	12/09/03	Brent Espeland, ASC	Minister for the Arts and Sport	Partial copy of document 156	10	Release in part	s36 s40(1)(c) s41 s42	p.157.0004: - 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41); - last paragraph (s41). p.157.0005: - 1st paragraph: last sentence (s42) - 5^th paragraph (s36) p.157.0006: - 3^rd paragraph (s36, s41)
158.	J46	13/10/03	Brent Espeland, ASC	Minister for the Arts and Sport	Partial copy of document 156[52]	10	Release in part	s36 s40(1)(c) s41 s42	p.158.0004: - 2^nd last paragraph: text between ‘ASC staff’ and ‘that were interviewed’ (s40(1)(c), s41); - last paragraph (s41). p.158.0005: - 1st paragraph: last sentence (s42) - 5^th paragraph (s36) p.158.0006: - 3^rd paragraph (s36, s41)
171.	19/06/03	Nadine Cohen, ASC	File note of discussions between Bill Williams and ASC Officers concerning his investigation.	1	Exempt in full	s42	Whole document.
172.	30/04/03	Nadine Cohen, ASC	File note of conversation with Toni Smith (ASC) in relation to matters concerning seizure notice and file note of conversation with Bill Williams concerning his investigation.	1	Release in part	s41 (4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10, 4.11) s42	p.172.0001: - all text in numbered point two (s41); - all text below last handwritten line (s42).
174 .	29/04/03	Nadine Cohen, ASC	File note of conversation with Bill Williams concerning the investigation.	1	Exempt in full	s40(1)(c) (2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.6, 4.7, 4.9) s42	p.174.0001: - all text on page (s42); - all text below handwritten line (s41, s40(1)(c)).
177.	23/04/03	Nadine Cohen, ASC	File note of discussion with Kim Terrell (ASDA) on matters relating to complaint.	1	Release in part	s41 (4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8)	p.177.0001: - All text below handwritten line.
179.	23/04/03	Nadine Cohen, ASC	File note of discussion with Anthony Ives (ASC) concerning his handling of complaint.	1	Exempt in full	s40(1)(c) (2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9)	Whole document.
181.	23/04/03	Nadine Cohen, ASC	File note of discussion with Kim Terrell (ASDA), file note of discussion with David Whitfield (ACS) and file note of discussion with Ken Fitch, all discussing issues relating to seized substance.	2	Release in part	Irrelevancy deletions apply (s22) s40(1)(d) (2.8)	p.181.0001: - last two lines of text on page (s22, s40(1)(d)). p.182.0002: 3^rd line of text on page (s22, s40(1)(d)).
182.	22/04/03	Nadine Cohen, ASC	File note of conversation with Kim Terrell (ASDA) notifying of complaint.	1	Release in part	s40(1)(c) (2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9)	p.182.0001: - 3^rd paragraph of text, including sub-paragraph beneath.
184.	22/04/03	Nadine Cohen, ASC	File note of conversation with Simon Allatson (AA).	1	Release in part	s41 (4.1, 4.2, 4.4, 4.5, 4.6, 4.7, 4.8)	p.184.0001: - all text in the second arrow point underneath the second asterix point on page.
187.	16/04/03	Nadine Cohen, ASC	File note of discussion with Anthony Ives (ASC) concerning his handling of complaint.	2	Release in part	s40(1)(c) (2.2, 2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9)	p.187.0001: - first seven lines of text on page (s40(1)(c)); - five lines of text on the left side of the handwritten line (s41, s40(1)(c)).
188.	16/04/03	Nadine Cohen, ASC	File note of briefing by Anthony Ives (ASC) to Nadine Cohen of history of complaint.	2	Release in part	s40(1)(c) (2.3, 2.4, 2.5, 2.6) s41 (4.1, 4.5, 4.6, 4.7, 4.9)	p.188.0001: - fourth line of text underneath heading (s40(1)(c), s41); - all text in the second arrow point on page (s40(1)(c), s41); - all text in the third asterix point on page (s40(1)(c)).