Edwards and Secretary, Department of Health and Ageing
[2011] AATA 147
•4 March 2011
Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2011] AATA 147
ADMINISTRATIVE APPEALS TRIBUNAL )
) No 2009/4726
GENERAL ADMINISTRATIVE DIVISION ) Re Thomas Edwards Applicant
And
Secretary, Department of Health and Ageing
Respondent
DECISION
Tribunal Senior Member A K Britton Date4 March 2011
PlaceSydney
Decision The decision under review is affirmed. ........................[sgd]......................
Senior Member
CATCHWORDS
FREEDOM OF INFORMATION – access to documents – whether subject documents could not be found or do not exist – whether subject documents exempt on grounds of legal professional privilege or irrelevance – whether all reasonable steps taken to locate subject documents – whether failure to properly identify requested documents – whether respondent estopped from claiming documents exempt by virtue of universal declaration of policy by respondent – whether waiver of legal professional privilege
Administrative Appeals Tribunal Act 1975 (Cth) s 26
Freedom of Information Act 1982 (Cth) ss 15(2)(b), 15(3), 22, 24A, 42, 55(3), 55(5), 56(5)
AWB Ltd v Cole (No 5) (2006) 155 FCR 30
Chu v Telstra Corporation Limited (2005) FCA 1730
Commonwealth v Verwayen [1990] HCA 39; (1990) 170 CLR 394
Mann v Carnell (1999) 201 CLR 1
Re Haneef and Australian Federal Police [2009] AATA 51; (2009) 49 AAR 395
Re McKinnon and Secretary, Department of Foreign Affairs and Trade [2004] AATA 1365; (2004) 86 ALD 780
Re Russell Island Development Association Inc and Department of Primary Industries and Energy (1994) 33 ALD 683
REASONS FOR DECISION
4 March 2011 Senior Member A K Britton 1. These reasons concern a request for documents made by Mr Thomas Edwards under the Freedom of Information Act 1982 (Cth) (“the FOI Act”) to the Secretary of Health and Ageing (“the Secretary”), the respondent in these proceedings. The documents requested by Mr Edwards relate to the Medical Rural Scholarship Bonded Scheme (“the Scheme”), a fund established in 2000 to increase the number of doctors working in rural and remote Australia. A student accepting a scholarship under the Scheme was required to, among other things, work for six consecutive years in rural Australia after being admitted to practice.
2. In answer to Mr Edwards’s request, the respondent Secretary ultimately decided to release over 4000 documents and not grant access to other documents on the ground that they could not be found, do not exist, or are “exempt” under the Act. The documents to which the Secretary now refuses access, in whole or part, are listed in the Schedule to these reasons. The parties agree that the Secretary’s most recent decision, that is the decision made after consent orders in this matter were entered on 10 August 2010 and 7 December 2010, should be treated as the decision the subject of this review and I have decided that it is appropriate to proceed on that basis: s 56(5) of the FOI Act and s 26 of the Administrative Appeals Tribunal Act 1975 (Cth) (“the Tribunal Act”). The Tribunal Act requires me to determine whether that decision was the correct and preferable decision. The Secretary bears the burden of proving that the decisions made in relation to the requested documents were justified.
A. Documents which could not be found or do not exist
3. Mr Edwards asserts that not all documents requested have been provided and challenges the Secretary’s assertion that a proper search has been conducted.
4. Section 24A of the FOI Act provides that an agency may refuse a request for access if (a) all reasonable steps have been taken to find the document; and (b) the agency is satisfied that the document is in the agency's possession but cannot be found, or, does not exist. The Tribunal's power on review of a decision made under s 24A includes a power to require the agency to conduct further searches for the document: s 55(5).
5. In Chu v Telstra Corporation Limited (2005) FCA 1730 Finn J, commented at [35] on the steps that need to be taken by a decision-maker to comply with s 24A:
A person requesting access to a document that has been in that agency’s or Minister’s possession should only be able to be denied on the s 24A ground when the agency (or the Minister) is properly satisfied that it has done all that could reasonably be required of it to find the document in question. Taking the steps necessary to do this may in some circumstances require the agency or Minister to confront and overcome inadequacies in its investigative processes. Section 24A is not meant to be a refuge for the disordered or disorganised.
6. To put the parties’ submissions in context, it is necessary to examine the background to Mr Edwards’s FOI request and the procedural history to the application now before the AAT.
Background to foi request
7. In 2001, Mr Edwards enrolled at the University of Sydney in the faculty of medicine and accepted a contract with the Commonwealth issued under the Medical Rural Scholarship Bonded Scheme. Under the contract, the Commonwealth undertook to pay Mr Edwards an annual stipend of about $20,000 for the duration of his studies and required him to work for six consecutive years in rural Australia after completing his medical training. In 2003, Mr Edwards sought to continue his studies in medicine at the University of Sydney in a “standard-entry place” — that is, a place not allocated to the “rural quota” of students in receipt of a Scheme scholarship. The University, apparently on the advice of the Department of Health and Ageing (“the Department”), advised Mr Edwards that as he had relinquished his scholarship, he was ineligible to continue his studies in a “standard-entry place” and moved to terminate his enrolment. Mr Edwards challenged that action in the NSW Supreme Court. The proceedings were apparently settled. Mr Edwards has not been permitted to continue his studies.
8. Since 2003 Mr Edwards has challenged, in various jurisdictions, the University’s decision refusing him a “standard-entry place”. He apparently holds the firm belief that that decision is unlawful.
Background to reviewable decision
9. On 16 September 2008 Mr Edwards made a request to the Department under the Act for documents described in the following terms:
[A]ny information in any form held by the Commonwealth … or the Department … in relation to the administration of the Commonwealth termed:
(i) Medical Rural Bonded Scheme (MRBS) and
(ii) Bonded Medical places (BMP).
Whether held in documentary, electronic, email, file note or any other form.
…
Mr Edwards also provided a non-exhaustive three page list of documents he thought relevant to that request.
10. On 15 December 2008, Mr Edwards narrowed the scope of his request following advice from the Secretary that he would be liable for charges in relation to the processing of his initiating request. On 16 January 2009, a decision was made granting Mr Edwards access to 298 documents in full and 194 in part, and refused access to the remaining documents located, on the grounds that they were exempt under various provisions of the FOI Act.
11. On 30 March 2009 Mr Edwards sought internal review of this decision asserting that his initial request had been interpreted too narrowly. The Department subsequently undertook a further review of a large volume of documents (some 4400) to determine whether any were relevant to the request.
12. The parties continued to correspond about the scope of documents requested and the Secretary’s management of the reconsideration of the initial decision. On 2 October 2009, Mr Edwards applied to the Administrative Appeals Tribunal for review under s 55(3) of the Act, as an internal review had not conducted within 14 days as mandated by the FOI Act.
13. The Tribunal subsequently made consent orders releasing further documents under s 26 of the AAT Act.
14. Having decided to grant Mr Edwards access to over 4000 documents the Secretary now refuses access to those documents listed in the Schedule to these Reasons. She contends that they are exempt in whole or part on the ground of:
(i) Legal professional privilege (s 42 of the FOI Act); or
(ii) Irrelevance (s 22 of the FOI Act).
Steps taken to locate documents
15. Mr Tony Hyland, a director of the Department, prepared a statement for the purpose of these proceedings. He also gave oral evidence. Responsible for administering the Scheme since July 2009, Mr Hyland outlined the steps taken by the Department to locate the documents the subject of Mr Edwards’s request.
16. Mr Hyland described the system for filing and storing documents, maintained by the Department. He explained that the Department makes and keeps hard copies of all electronic documents created or received and maintains a central master list of all files. According to Mr Hyland since 2000 any information in relation to the Scheme has been filed in the following areas:
· General files - administration of the Scheme
· Health and Family Development files - Files relating to individual students and universities
· Legal Service Branch files
17. Mr Hyland explained that when he took over the task of overseeing the location of the requested documents in mid-2009, he gave staff a verbal briefing outlining the class of documents requested and, in addition, provided them with the correspondence between the parties about the scope of the request. Having done so, he instructed staff to undertake a search for those documents.
18. Mr Hyland disagreed with Mr Edwards’s assertion that there are other documents relevant to his request that remain within the possession of the Department. He said he based that belief on his knowledge of how documents have been collated and stored by the Department since 2000, the steps taken by his staff to locate the documents the subject of the FOI request and the review of the master list of files held by the Department.
Have all reasonable steps been taken to locate the subject documents?
19. Mr Edwards disputes the Secretary’s contention that all reasonable steps have been taken to locate the subject documents. He argues that the relevant Departmental officers did not properly understand the nature of the Scheme and this thwarted their efforts to conduct a proper search. In addition, he contends that it is plain from the history of his dispute with the University and the Department, together with the documents that have now been provided to him, that a number of key documents have not to date been located.
20. Misunderstanding the nature of the Scheme: In support of his submission that Departmental officers misunderstood the nature of the Scheme, Mr Edwards cites, amongst other things, what he characterises as the “widely held and erroneous” view that:
(a)He and other students in his position “withdrew from”, or relinquished their place in, the Scheme;
[Mr Edwards contends that his actions in 2001 did not constitute a withdrawal from the scheme, but rather the exercise of his option not to complete the contract with the Commonwealth.];
and
(b)He was not automatically entitled to hold a non-scholarship place (a standard-entry place) within the faculty of medicine at the University of Sydney.
[Mr Edwards claims that by virtue of being a Higher Education Contribution Scheme student (“HECS”), the deferrable tax payable by Australian tertiary students) he was entitled to continue his studies at the University of Sydney, after 2003, in a standard-entry place.]
21. Missing documents: Mr Edwards points to a number of documents, that, he contends, either directly or by inference, establish that a number of key documents the subject of his request have not been located. Examples include:
(i) Letter dated 6 July 2006 from the then Minister for Health and Ageing, the Hon Tony Abbott MP, responding to representations made by the NSW Minister for Health on behalf of Mr Edwards. After referring to Mr Edwards’s decision to “withdraw“ from the Scheme, the Minister wrote “The rate of withdrawal from the [Scheme] is currently running at 3%. With 600 current scholarships, and 100 new places each year, this is a very low incidence”.
22. Mr Edwards questioned Mr Hyland about the purported absence of any documents to support the Minister’s contention that “3% of students withdrew from the Scheme”. Mr Hyland said he did not know what information the Minister relied on in making that claim in his letter, but pointed out that information about the number of students who withdrew from the Scheme would have been available to the Minister from a database of students maintained by the Department — which was not been released to Mr Edwards because it contained “personal information” relating to other students.
23. Mr Edwards contends that it is simply implausible that the Department does not possess a briefing document prepared for the Minister that refers to the 3% figure. He asserts that the Minister would not have made reference to that figure, unless he had been provided with a document in support.
(ii) Documents executed by the Minister: Mr Edwards contends that the Department must possess a document executed by the Minister revoking his place in the Scheme. In support, he points to a document executed by the Minister on 7 May 2004, in which he exercised his discretionary power to waive penalties imposed on a former Medical Rural Bonded student and similar documents provided to him by the Department in answer to his request.
(iii) Absence of any documentation establishing that Scheme places were “DHA funded”: Mr Edwards asserts that the Department of Health and Ageing was the source of funds for the rural quota, not, as it now claims, the Department of Education, Training and Youth Affairs (DETYA). He points out that the University of Sydney had originally understood that funding for rural quota places was provided by the Department of Health not DETYA. Mr Hyland testified that consistent with the information contained in the documents provided to Mr Edwards, it was his understanding that the Scheme was administered by the Department of Health and funding was provided by DETYA.
(iv) The alleged missing $20 million: Mr Edwards is of the opinion that $20m is “missing” from the Scheme. He claims that that amount was paid “to universities independently of HECS to get contracts signed”. His claim is apparently based on, among other things, internal advice provided to the Deputy Vice-Chancellor of the University of Sydney, about the treatment of funding for accounting purposes received under the Scheme (see for example Exhibit A 3, Annexure J). In answer to my request, after the hearing Mr Edwards wrote to the Tribunal and provided details setting out how he arrived at the figure of $20m. (see email from Mr Edwards to AAT, 10 January 2011). While that document assists me to understand how Mr Edwards arrived at the $20m figure, it does not assist me to understand the basis of the claims that $20m is “missing” from the Scheme.
24. Findings and conclusions: It falls to the Secretary to establish that she has taken all reasonable steps to find the documents the subject of Mr Edwards’s request. The merits or otherwise of the decision not to allow Mr Edwards to continue his studies — an issue understandably of some significance to him — is irrelevant to the determination of this issue.
25. In deciding whether all reasonable steps have been taken it is first necessary to identify the steps taken to locate the requested documents. In mid-2009, Mr Hyland, a senior and experienced officer of the Department was charged with the task of overseeing a fresh search for the requested documents following clarification of the scope of the request. Staff charged with the task of locating those documents were provided copies of relevant correspondence and given a verbal briefing about the scope of that request. Mr Hyland employed his knowledge of the Department’s filing system and identified three potential areas where relevant documents might be found. After locating potentially relevant documents, the Department’s master list was used to determine whether any additional documents could be found. The Australian Government Solicitor was enlisted to sift through the large number of documents identified as falling within Mr Edwards’s request. Mr Hyland believes that a conscientious effort now has been undertaken to locate the requested documents. The fact that over 4,000 documents have now been identified, while not determinative, is consistent with that belief.
26. I agree with the proposition advanced by Mr Edwards that if those charged with the task of locating documents requested under the Act fail to properly identify the class of documents the subject of the request, it generally could not be said that all reasonable steps have been taken to locate the requested document(s). However, in this case I am not persuaded that there was a failure to properly identify the requested documents, at least from the time the most recent search overseen by Mr Hyland was commenced. As will be recalled, the request was broadly framed: “any information … in relation to the administration of Scheme”. Even if assumed that Mr Edwards’s beliefs about various aspects of the Scheme are both correct and not shared by those undertaking the search, it does not follow that they were looking for the “wrong” documents. To use but one example — Mr Edwards believes that his actions in 2003 constitute an exercise of an option not to complete his contract with the Commonwealth, not, as the Department maintains, a “withdrawal” from the Scheme. He contends in effect that unless the relevant officers embraced his characterisation of his actions in 2003 they would have been looking for the “wrong documents”. It is abundantly clear from Mr Hyland’s evidence and the documents provided in answer to Mr Edwards’s request that those undertaking the search understood it to extend to documents relating to students who, like Mr Edwards, to use a neutral term, “discontinued” from the Scheme.
27. As Mr Edwards points out, in determining whether all relevant steps have been taken to locate the requested documents, a relevant factor to be taken into account is the class of documents that might be reasonably expected to exist. Mr Edwards’s contention, that key documents must exist which have not been located, rests on a number of unsupported assumptions and speculation. For example, he contends that the inference must be drawn from the Minister’s letter of 6 July 2006, that there must be in existence a document that states that 3% of students withdrew from the Scheme. That contention rests on the assumption that information could not have been gleaned from verbal briefings, the database of students held by the Department that was not provided to Mr Edwards, documents not in the possession of the Department, or some other source.
28. While, in the absence of information about the extent and breadth of the search for relevant documents, it may have been reasonable for Mr Edwards to question whether such documents were held by the Department, an argument that a reasonable search was not conducted cannot be maintained once the evidence of Mr Hyland concerning the archiving of documents and systematic search is accepted. That evidence has not been directly contradicted or challenged. The only challenge comes indirectly and, as I have said, is based on speculation rather than concrete evidence of the existence of such documents. Having considered all of the submissions made by Mr Edwards in relation to each of the purported missing documents, I am not persuaded that documents of the type described might reasonably be expected to exist.
29. Mr Hyland gave inherently plausible and reasonable explanations of the nature of searches and the manner in which they were conducted. I am satisfied that the evidentiary onus has been discharged and that no further reasonable steps could be taken to find the requested documents. In reaching that conclusion I have had regard to:
· The scope of the request
· The large number of documents released
· The diversity of documents located
· The range of sources from within the Department from which the documents have been obtained
· The use made of the Department’s master list in undertaking the search
· The fact that the most recent search has been overseen by a senior officer of the Department with a detailed knowledge of both the Scheme and the filing system maintained by the Department
· The significant resources employed to locate the requested documents
30. It seems to me more likely than not, that no further documents exist that fall within the scope of Mr Edwards’s request. However given the breadth of the terms of the request it is not possible to exclude the possibility that some documents in addition to those located exist but cannot be found.
31. For these reasons, the decision made under s 24A of the Act to refuse access is affirmed.
B. Documents claimed to be exempt under section 42
32. The Secretary refused to grant access to Mr Edwards to a number of documents on the ground that they are exempt under s 42 of the Act. Section 42 exempts a document “of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege”. Mr Edwards contends that the Secretary is not entitled to claim privilege in relation to those documents because, first, she is estopped from making that claim, and second, in many cases the author or recipient of the document, was neither a lawyer, nor independent of the Secretary.
Estoppel argument
33. Mr Edwards contends that as the Department is held out to be “transparent, open and accountable”, the Secretary is estopped from claiming that documents are exempt under the Act, citing in support Commonwealth v Verwayen (“Voyager case”) [1990] HCA 39; (1990) 170 CLR 394.
34. In that case, involving a claim for damages brought after the expiration of the limitation period established by the Limitation of Actions Act 1958 (Vic), the High Court held that the Commonwealth was estopped from asserting a defence that a tort action was statute-barred when it had earlier made representations to the plaintiff that it would not rely on that defence. As Mason CJ explained (at [28]), the essential purpose of the doctrine of estoppel is “protection [of a person] against the detriment which would flow from a party’s change of position if the assumption (or expectation) that led to it were deserted”. The law does not permit one party to unconscionably renege on, or depart from, a position where it has led another party to the litigation to assume or expect that the position will not alter and where a departure from that position would operate to that other party's detriment.
35. In the Voyager Case, the Commonwealth had made specific representations to individual plaintiffs for compensation that it would not rely on a statutory defence available to it.
36. In this case, no such representations have been made to Mr Edwards. At best, a universal policy statement has been made by government that it will be “transparent, open and accountable” in its general application of the Freedom of Information Act. The Secretary has made no specific representations to Mr Edwards concerning his FOI application that Mr Edwards has relied upon to his detriment. This argument by Mr Edwards is fundamentally misconceived.
37. In the alternative, Mr Edwards asserts that acts done by or on behalf of the Department constitute a waiver of legal professional privilege. There will be an implied waiver of legal professional privilege only where a party's conduct is inconsistent with the maintenance of the confidentiality which the privilege is intended to protect: see Mann v Carnell (1999) 201 CLR 1. It is obvious from the circumstances that a universal declaration of general policy by government of the type made in this case could rarely, if ever, constitute a waiver of legal professional privilege. This argument is also misconceived.
Are the documents exempt under s 42?
38. The documents for which the Secretary claims an exemption under s 42 in broad terms, relate to one or more of the following categories:
·Mr Edwards’s contract with the Commonwealth in relation to the Scheme
·Litigation commenced by Mr Edwards in various jurisdictions
·Applications made by Mr Edwards to the AAT seeking review of the decisions made by the Secretary under the Act
·Legal issues relating to the operation of the Scheme
·Drafting issues relating to contracts issued to student participants in the Scheme.
39. The principles governing legal professional privilege were usefully summarised by Young J in AWB Ltd v Cole (No 5) (2006) 155 FCR 30 at 44. In applying those principles it is first necessary to decide in relation to each document for which the exemption is claimed, whether the Secretary has discharged the onus of establishing that it was brought into existence, for the dominant purpose of giving or obtaining legal advice.
40. As Mr Edwards points out, some of the documents for which the claim of privilege has been made include communications between officers of the Department and its internal legal advisers (officers attached to the Department’s Legal Services) and between those officers and third parties. He claims that privilege does not attach to any documents created or received by those advisers as there is no evidence that they held a current practicing certificate at the relevant time and, furthermore, the advice given did not have the necessary quality of independence because they were ultimately answerable to the Secretary.
41. Young J in AWB Ltd v Cole (at 46) summarised the principles relating to communications between government agencies and their salaried legal officers:
Legal professional privilege is capable of attaching to communications between a salaried legal adviser and his or her employer, provided that the legal adviser is consulted in a professional capacity in relation to a professional matter and the communications are made in confidence and arise from the relationship of lawyer and client: Waterford at CLR 96; ALR 705 per Dawson J; see also Deane J at CLR 79–82, ALR 689–92. Some cases have added a requirement that the lawyer who provided the advice must be admitted to practice: see Dawson J in Waterford at CLR 96; ALR 705; Galway v Constable [2002] 2 Qd R 146 at 150 ; [2001] QSC 180; Glengallan Investments Pty Ltd v Arthur Andersen [2002] 1 Qd R 233 at 245 ; [2001] QCA 115. However, in Commonwealth v Vance (2005) 158 ACTR 47 ; [2005] ACTCA 35, the Full Court (Gray, Connolly and Tamberlin JJ) did not regard the possession of a current practising certificate as an essential precondition to the availability of legal professional privilege: at [23]–[35]. The same view was taken by Lee J in Candacalat [99], by Gillard J in Australian Hospital Care (Pindara) Pty Ltd v Duggan [1999] VSC 131 at [111], and by Downes J in Re McKinnon and Secretary, Department of Foreign Affairs and Trade (2004) 86 ALD 780 ; [2004] AATA 1365 at [51].
42. Downes J in Re McKinnon and Secretary, Department of Foreign Affairs and Trade [2004] AATA 1365; (2004) 86 ALD 780 at [51] explained the rationale for the possession of a current practising certificate not being an “essential precondition” to a claim of privilege made in relation to an employed Government lawyer:
Whether or not legal professional privilege is attracted should be determined by the substance not the form. The rise of requirements for practising certificates is relatively recent and is associated primarily with regulatory considerations and matters associated with lawyers holding themselves out to the public as qualified. Many of these considerations are irrelevant to the role of the employed lawyer.
43. As His Honour pointed out at [51] the real test is — “whether the advice had the necessary quality of being independent advice”.
44. Having examined each document, I am satisfied that each was created for the “dominant purpose” of giving or obtaining legal advice. I am also satisfied that the advice provided by lawyers attached to the Department’s Legal Services branch that is claimed to be exempt, was given as independent advice. That is made plain from the contents of the documents.
45. The privilege claim for exemption is therefore justified.
46. In respect of those documents where the Secretary decided to delete “exempt matter” under s 22 of the Act, I am satisfied that only “exempt matter” was deleted.
C. Irrelevant material
47. The Secretary has decided not to grant access to Mr Edwards under s 22 of the Act to the following documents on the ground that they contain “irrelevant material”: 128, 712, 840, 1167, 1465, 1601, 1622, 1684, 1885 and 2192. With the exception of document 1167, the claim is made in respect of only a part of each document.
48. Section 22 relates to the deletion of exempt material and irrelevant information and provides.
Deletion of exempt matter or irrelevant material
(1) Where:
(a) an agency...decides:
(i) ...
(ii) that to grant a request for access to a document would disclose information that would reasonably be regarded as irrelevant to that request; and
(b) it is possible for the agency...to make a copy of the document with such deletions that the copy:
(i) would not be an exempt document; and
(ii) would not disclose such information; and
(c) it is reasonably practicable for the agency...having regard to the nature and extent of the work involved in deciding on and making those deletions and the resources available for that work, to make such a copy;
the agency ... shall, unless it is apparent from the request or as a result of consultation by the agency ... with the applicant, that the applicant would not wish to have access to such a copy, make, and grant access to, such a copy.”
49. Section 15(2)(b), which deals with the manner in which requests for documents are to be made under the Act requires an applicant to “provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it”. It is the application itself that defines the documents sought or, the “amended application” following the provision of assistance to the applicant by the agency as required by s 15(3) of the Act. It follows that if a document is not of the class or category described in the application, it has not been sought and therefore is wholly irrelevant to the application.
50. Section 22 enables an agency to delete irrelevant or exempt material from documents that fall within the scope of the application. It sets out a procedure to be followed where the decision-maker concludes that it is possible to make a copy of a document “with such deletions [so] that the copy … would not disclose … information that would reasonably be regarded as irrelevant to that request”. If a whole document is irrelevant to the scope of the application, s 22 has no application. I note that a different conclusion was reached on the application of s 22 to a “whole document” by the Tribunal differently constituted in Re Haneef and Australian Federal Police [2009] AATA 51; (2009) 49 AAR 395 (at [30]).
51. The Act does not require the Secretary to grant access to documents that fall outside the scope of Mr Edwards’s request, and recourse to s 22 is therefore not required. Document 1167 is entirely unrelated to Mr Edwards’s request and therefore s 22 of the Act has no application.
52. While I agree with the decision not to grant access to Document 1167 my decision is based on different grounds to those relied on by the Secretary.
Decision under s 22 to delete part of documents
53. In determining whether information could reasonably be regarded as irrelevant to a request, it is necessary to consider whether disclosure might reasonably, as opposed to irrationally or absurdly, be looked upon as irrelevant to the request for access: Re Russell Island Development Association Inc and Department of Primary Industries and Energy (1994) 33 ALD 683.
54. I have inspected each of the documents the Secretary has decided to delete information from on the grounds that access would disclose information that would “reasonably be regarded as irrelevant” to Mr Edwards’s request. I am satisfied that the material deleted from each of the documents would “reasonably be regarded as irrelevant” to Mr Edwards’s request and therefore affirm this part of the Secretary’s decision. I therefore have decided to affirm this part of the Secretary’s decision.
Summary
55. For the reasons given I have decided to affirm the Secretary’s decision. In relation to those documents to which the Secretary refused to grant access under s 22 of the FOI Act, my decision is based on different grounds to that relied on by the Secretary.
Schedule of exempted documents
Note: ‘N/A’ indicates document contained in files, but not in scope of the FOI request.
Doc No File No Folio Date Description of Document Decision Portion exempted GENERAL FILES
21 2001/01587 32-34 16/09/03 Email communications between Departmental officer to a lawyer in the Legal Services Branch (LSB) of the Department of Health and Ageing, in relation to Mr Edwards
RD - 42 folio 33 25 2001/01587 38-40
23/09/03 Email communication to Departmental officer from LSB lawyer in relation to Mr Edwards
RD - 42 1st email (ie at top of page) on folio 39 38 2001/01587 66-72 30/01/04 Email communications between Departmental officer to LSB lawyer in relation to Mr Edwards
42 52 2001/01587 97-100 11/03/04 Email communications between Departmental officers and LSB lawyer in relation to Mr Edwards
42,
53 2001/01587 101 10/03/04 Email communications from Departmental officer to LSB lawyer in relation to Mr Edwards
E - 42 54 2001/01587 102 10/03/04 Email communications between Departmental officers on advice by LSB lawyer in relation to Mr Edwards for the purpose of providing legal advice
E - 42 59 2001/01587 112 19/03/04 File Note in relation to discussion with Mallesons Stephen Jaques concerning Mr Edwards
E - S42 63 2001/01587 118-119 19/03/04 Email communications between Departmental officers and LSB lawyer with advice and agreement in relation to reinstatement of Mr Edwards to MRBS
42 71 2001/01587 137 24/03/04 File note in relation to Discussion with Mallesons Stephen Jaques
42 79 2004/019556 6 29/03/04 File Note made by officer of Department recording advice received from LSB lawyer
42 85 2004/019556
14 30/03/04 Email communication from Departmental officer to LSB lawyer in relation to draft letter to University of Sydney
RD - S42 paragraph 1 & 2 89 2004/019556 23-27 undated Chronology of Events in relation to Mr Edwards, listing legal advice provided
RD - S42 entries against 22/9/03 and 23/9/03 (folio 27), 10/10/03 (folio 26)30/1/04 (folios 26-25)and 12/3/04 (folio 24), and 2nd entry against 29/4/04 on folio 23 94 2004/019556 -37 03/05/04 Email chain comprising emails between officers of the Department and legal officers in relation to discussing about legal advice relating to Mr Edwards. First email contains the legal advice provided
RD - 42 1st email on folio 37 98 2004/019556 41 04/05/04 Email chain comprising emails between officers of the Department and legal officers discussing advice in relation to responding to Mr Edwards. The redacted parts record legal advice provided
RD - 42 1st email on folio 100 2004/019556 44 05/05/04 Email communication providing information to LSB lawyer in relation to withdrawal of Mr Edwards for the purpose of legal advice
42, 128 2004/032003 1 - 5 27/05/04 Ombudsman complaints register
RD –s22
all other complaints
135 2004/032003
15-18 08/06/04 Email advice from AGS to LSB lawyer in relation to issues surrounding NSW Consumer Tenancy and Trade Tribunal proceedings
RD 42
email from AGS on folios 16-17 137 2004/032003
27-28 09/06/04 Email communication between LSB lawyer, Departmental officer and AGS providing advice to Health officers in relation to draft Consumer Tenancy and Trade Tribunal submission
42 177 2004/032003
94-95 10/01/05 Minute of legal advice from LSB lawyer to Departmental officer in relation to letter from Mr Edwards’s lawyer
42
191 2004/032003
110-111 18/06/04 Email communication between LSB lawyer and Departmental officer requesting and providing legal advice in relation to providing material to the Commonwealth Ombudsman
42 196 2005/016403
1 14/01/05 Email chain between officers of the Department and legal officers seeking, and obtaining legal advice in relation to letter to Mr Edwards
RD - S 42, 22 paragraph 1 on back page
202 2005/016403 8 20/01/05 Email legal advice from LSB lawyer to Departmental officer providing legal advice in relation to Mr Edwards 42
203 2005/016403
9 20/01/05 Email communication requesting legal advice in relation to draft email to Mr Edwards 42
231 2005/016403 57 21/01/05 Minute to Acting Secretary in relation to Mr Edwards; redacted paragraphs discuss legal advice given
RD - 42, 22 paragraph above heading 'recommendation' 274 2005/016403 124-152 15/07/04 Legal advice from AGS in relation to MRBS Scheme
42 275 2005/016403 153-154 various Email chain comprising email to AGS requesting advice in relation to MRBSS and email forwarding to Departmental officer
42 276 2005/016403 155-159 various Email communications between Departmental officer, LSB lawyer and AGS on legal advice in relation to MRBSS
42 288 2005/016409 55 19/08/05 Email communications between Departmental officer , LSB lawyer and AGS in relation to AAT hearing
42
294 2005/016409 65 10/10/05 Ditto
RD - 42 and 22 2nd and 3rd sentences in 2nd paragraph of 2nd email on folio 296 2005/016409 88 13/10/05 Tax invoice from AGS
42 305 2005/016409 110 14/11/05 Tax invoice from AGS setting out legal advice sought and provided
42 306 2005/016409 111 14/11/05 Letter from AGS in relation to tax invoice
42 323 2005/016409 144-146 28/10/05 Email communications between Departmental officer, LSB lawyer and AGS in relation to CTTT proceedings
RD - 42 folio 146 360 2005/016412 95-97 12/04/07 Email communications between Departmental officer and LSB lawyer in relation to reply to Mr Edwards
42 369 2005/016412 116-121 14/05/07 Email communications between Departmental officers and Departmental officer and LSB lawyer in relation to allegation of fraud
42 379 2008/009922 17-18 04/10/07 Email communications between Departmental officers and LSB lawyer, with redacted paragraph providing information for the purpose of obtaining legal advice in relation to Draft Ministerial to Mr Edwards
RD - 22 last Paragraph Folio 18 421 2008/009924 26-27 03/03/08 Email chain in relation to charges estimate letter, which discusses advice sought from AGS
42 422 2008/009924 28 03/03/08 Email in relation to folios 26-27
42 429 2008/009924 39 undated File note in relation to progress of FOI matters
RD - S 42 2nd entry against 3/3/2008 and 2nd entry against 4/3/2008 431 2008/009924 43 07/03/08 Email in relation to status of matter
RD - S42 1st sentence under 'Christine' 438 2008/009924 57-59 various Email chain comprising legal advice and subsequent internal discussion
42 439 2008/009924 60-64 various Email chain comprising advice from AGS and subsequent internal discussion
42 446 2008/009924 77-78 02/07/08 Email chain comprising emails between Departmental officers in relation to AGS advice about AAT proceedings
42 448 2008/009924 80-81 various Email communications between Departmental officers and LSB lawyer about AAT proceedings and advice from AGS
42 451 2008/009924 85-86 07/07/08 Ditto
42 452 2008/009924 87 07/07/08 File note by Departmental officer on advice received from LSB and AGS relevant to AAT proceedings
E - 42 453 2008/009924 88 09/07/08 Email communication from LSB lawyer in relation to AAT preliminary hearing including AGS advice
42 454 2008/009924 89-91 09/07/08 Notes on the AAT preliminary hearing
RD - S 42 paragraph 1 folio 91,
paragraph 8, folio 89455 2008/009924 92-93 10/07/08 Email communication from AGS in relation to Departmental officers about AAT proceedings
42 460 2008/009924 102-103 various Email communication between LSB lawyer and Departmental officer in relation to AAT preliminary hearing including AGS advice
E - 42 462 2008/009924 106 various Email chain comprising emails between Departmental officers and LSB officers in relation to draft letter to Mr Edwards
E - S42 463 2008/009924 107-108 various Ditto
RD - S42 bottom email in chain of folio 107 469 2008/009924 117-120 12/08/08 Email chain comprising email outlining request for legal advice, and email providing legal advice including email comments from AGS in relation to AAT review
S42 471 2008/009924 124-126 various Email chain comprising emails between Departmental officers in relation to organising meeting in response to AGS request for instructions
E - S42 472 2008/009924 127-129 20/08/08 Tax invoice for professional fees from AGS
E - S42 479 2008/009924 150-151 25/08/08 Email communications between Departmental officers and LSB lawyer Anthony Hassall E - 42 487 2008/013125 33-42 28/08/08 Email communications between Departmental officers and AGS lawyer on advice for Email chain comprising email from AGS and email to Health officers in relation to instructions for AAT proceedings
E - 42 488 2008/013125 43-47 28/08/08 Email communications between Departmental officers and AGS lawyer and LSB lawyer in relation to instructions for AAT proceedings
E - 42 492 2008/013125 51-56 29/08/08 Email communications between Departmental officers, LSB lawyer and AGS lawyer in relation to instructions for AAT proceedings
42 495 2008/013125 60-62 29/08/08 Email communications between Departmental officers and LSB lawyers for the purpose of requesting and providing legal advice in relation to the FOI proceedings
42 498 2008/013125 72-75 03/09/08 Email communications between Departmental officers and LSB lawyers for the purpose of requesting and providing legal advice in relation to the FOI proceedings
42 502 2008/013125 84 04/09/08 Email communication from LSB to Departmental officer re AAT proceedings
E- 42 511 2008/013125 134-138 17/09/08 Email communications between Departmental officer and LSB lawyers including and AGS re advice in response to email from Mr Edwards
E - 42 513 2008/013125 141-142 17/09/08 Email communications between Departmental officers and LSB lawyer for the purpose of seeking advice in response to email from Mr Edwards
E - 42 515 2008/013125 144-149 various Email chain comprising discussions between AGS and Legal Services for the purpose of seeking advice in response to email from Mr Edwards E 42 516 2009/000144 1-3 various Email communications between Departmental officers and LSB lawyer re the FOI proceedings 42 517 2009/000144 4-9 various Email communications between Departmental officer and LSB lawyer in relation to FOI request from Mr Edwards
42 518 2009/000144 10-14 various Email communications between Departmental officer and LSB lawyer in relation to FOI request from Mr Edwards
42 522 2009/000144 20 various Email chain comprising emails between Health officers in relation to clarifying FOI request by Mr Edwards
E - S42 535 2009/000144 46 23/09/08 Email in relation to issues raised by Mr Edwards E –s42 712 2002/073941 50-55 01/02/05 CDAMS meeting notes from 18 January 2005 RD s22 Items numbered 1-11 relate to issues discussed about matters in no way related to the MRBSS or Mr Edwards 749 2002/073941 112 23/10/06 Email in relation to question from Deakin University
RD - S22 mobile telephone numbers 815 2000/066522 131 11/01/01 Email outlining concerns raised by University of Queensland in relation to MRBS Scheme enrolment
RD - s 22 mobile phone number 834 2000/066522 160-161 undated File note outlining risk analysis of the MRB policy on enforcing withdrawal of defaulting MRB scholars
E - 42 840 2000/066522 169-171 Undated Summary of management of offers of MRBS Scheme places S42; s22 Para 2
LSB (Legal Services Branch) FILES
1084 2000/00 85 27-28 14/01/00 Email from LSB lawyer to Departmental officer providing advice in relation to bonded scholarships contracts
E - 42 1086 2000/003685 31-32 undated Briefing on legal issues in relation to bonded scholarships contracts containing the substance of obtained legal advice E - S 42 1088 2000/00 85 34 24/01/00 Email advice from LSB lawyer on verbal advice obtained from external legal adviser
E - 42 1094 2000/00 85 44 25/01/00 Email from Departmental officer to LSB lawyer on legal advice with lawyers’ handwritten file note and note-up of advice
E - 42 file note 1096 2000/00 85 46-49 17/02/00 Fax from LSB lawyer to AGS providing questions / considerations for request for advice from AGS
E - S42 1098 2000/00 85 51 21/02/00 File note made by LSB lawyer of communications with AGS in relation to proposed contractual provisions E - S42 1100 2000/00 85 54-56 22/02/00 Email chain: LSB lawyer and AGS for the purpose of giving and obtaining legal advice
E - S42 1101 2000/00 85 57-58 25/02/00 Email chain LSB lawyer and AGS for the purpose of legal advice on proposed contract
E - S42 1109 2000/00 85 79-80 24/02/00 Handwritten file note containing deliberations of advice in relation to drafting of contract and further considerations on which to seek legal advice
E - 42 1119 2000/00 85 148 23/02/00 Email from AGS providing legal advice in relation to the proposed medical scholarship scheme and attaching letter of advice (letter not attached)
E - S42 1122 2000/00 85 157-163 23/02/00 Letter from AGS providing advice in relation to bonded scholarships for medical scholars
E - S42 1126 2000/056818 2 02/11/00 Email from AGS providing advice in relation to draft medical rural bonded scholarships contract
E - S42 1128 2000/056818 5 06/11/00 Email to AGS for the purpose of seeking advice in relation to the MRBS contract
E - S42 1129 2000/056818 6 07/11/00 Email to LSB lawyer from Departmental officer with communication for the purpose of obtaining legal advice on proposed amendment to draft clause
E - 42 1130 2000/056818 7 07/11/00 Email communication between LSB lawyer and Departmental officer for the purpose of obtaining legal advice in relation to proposed amendment to draft clause
E - 42 1133 2000/056818 10-11 10/11/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining legal advice in relation to draft contract
E - 42 1134 2000/056818 12 14/11/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining legal advice in relation to draft contract
E - 42 1135 2000/056818 13 14/11/00 Email communications between LSB lawyer and Departmental officer, and LSB lawyer file note, for the purpose of obtaining and providing legal advice in relation to draft contract
E - 42 1140 2000/056818 22-25 17/11/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining and providing legal advice in relation to draft contract
RD - 42 whole document except email at bottom of folio 22 1141 2000/056818 26-27 20/11/00 Email communication from Departmental officer to LSB lawyer concerning internal discussion of provisions in draft contract and associated legal issues for the purpose of obtaining legal advice
E - 42 1142 2000/056818 28-31 17/11/00 Letter from AGS providing advice in relation to MRBS contract
E - S42 1143 2000/056818 32-33 21/11/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining and providing legal advice in relation to draft contract
E - 42 1144 2000/056818 34 21/11/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining and providing legal advice in relation to draft contract
E - 42 1145 2000/056818 35 22/11/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining and providing legal advice in relation to draft contract
E - 42 1146 2000/056818 -37 23/11/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining and providing legal advice in relation to draft contract
E - 42 1148 2000/056818 39-40 23/11/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining and providing legal advice in relation to draft contract
E - 42 1151 2000/056818 50-51 27/11/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining and providing legal advice in relation to draft contract
E - 42 1158 2000/056818 65 undated File Note by LSB lawyer in relation to discussion of provisions in draft contract between Health officers (including legal officer)
E - S42 1159 2000/056818 66 30/11/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining and providing legal advice in relation to draft contract and lawyer file note
E - S42 1162 2000/056818 72 04/12/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining and providing legal advice in relation to draft contract and lawyer file note
E - s42 1166 2000/056818 84 undated File note on communications for the purpose of giving legal advice in relation to Instrument of Authorisation and discussing elements of finalisation of the contract
E - s42 1167 2000/056818 85-86 05/12/00 Email in relation to National Cervical Screening Program
Outside scope 1169 2000/056818 96 05/12/00 Email communications between LSB lawyer and Departmental officer for the purpose of obtaining and providing legal advice in relation to draft contract.
E - 42 1174 2000/056818 126 11/12/00 Email requesting advice from Department of Health legal officer arising from questions with final contract for MRBS
E - 42 1175 2000/056818 127 12/12/00 Email requesting advice from Department of Health legal officer arising from questions with final contract for MRBS
E - 42 1176 2000/056818 128 13/12/00 Email comprising a request for legal advice from Department of Health legal officer and a file note summary of advice provided
E - 42 1180 2000/056818 133 21/12/00 Email requesting advice from Department of Health legal officer in relation to Ministerial Discretion and file note summarising advice provided
E - 42 1185 2000/056818 140-142 04/01/01 Email chain: including from LSB lawyer, comprising request for advice in relation to termination of MRBS by scholars and provided advice
E - 42 1187 2000/056818 145-147 10/01/01 Email providing advice in response to request arising from questions with final contract for MRBS (final of folios 143-144)
E - 42 1188 2000/056818 148 10/01/01 Email requesting advice concerning privacy issues in relation to MRBS contract signing
E - 42 1189 2000/056818 149 10/01/01 Email requesting legal advice concerning further privacy issue in relation to MRBS contract signing
E - 42 1192 2000/056818 154-155 10/01/01 Email chain: with LSB lawyer for the purpose of obtaining and providing legal advice concerning further privacy issue in relation to MRBS contract signing
E - 42 1193 2000/056818 156 11/01/01 Email from Departmental officer to LSB layer requesting advice concerning publication of contract on the internet
E - 42 1195 2000/056818 158 15/01/01 Email advice from LSB lawyer providing advice relating to publication of contract on the internet (final of folio 157)
E - 42 1201 2000/056818 172 15/01/01 Email from Departmental officer to LSB lawyer requesting advice in relation to executing MRBS contracts
E - 42 1202 2000/056818 173 15/01/01 Email from Departmental officer requesting advice in relation to executing MRBS contracts
E - 42 1208 2000/056818 182 17/01/01 Email from Departmental officer to LSB lawyer requesting advice in relation to legal issues on minute
E - 42 1209 2000/056818 183 18/01/01 Email from LSB lawyer providing advice on legal aspects in relation to the draft minute
E - 42 1210 2000/056818 184 18/01/01 File Note by LSB lawyer recording legal advice provided in relation to scholars withdrawing from the MRBS
E - 42 1214 2000/056818 194-195 01/02/01 Email chain: advice from LSB lawyer and requests for advice in relation to executing MRBS contracts
E - 42 1216 2000/056818 200-201 06/06/01 Email chain: advice from LSB lawyer and requests for advice in relation to draft Minute to the Minister in relation to the MRBS scheme
E 42 1219 2001/003892 3-4 04/01/01 Fax requesting advice in relation to part of MRBS contract for specific scholar
E - 42 1220 2001/003892 5 04/01/01 Email from Health legal officer providing advice in relation to part of MRBS contract for specific scholar
E - 42 1221 2001/003892 6-8 22/01/01 Email chain between Health officers (including legal officers) comprising request for, and provision of, legal advice in relation to an enquiry from a potential MRBS scholar
E - 42 1222 2001/003892 9 23/01/01 File Note by LSB lawyer of advice provided by Health legal officer regarding enquiry of potential MRB scholar
E - 42 1224 2001/003892 17 23/01/01 Email chain concerning legal advice provided at folios 6-8
E - 42 1228 2001/003892 23 23/01/01 Email request for advice in relation to notes made on contracts
E - 42 1231 2001/003892 27-28 27/02/01 Email chain between Health officers (including legal officers) comprising requests for, and provision of, advice in relation to amendments to contracts
E - 42 1234 2001/003892 31-32 23/10/01 Email chain between Health officers (including legal officers) comprising requests for advice, and provision of preliminary advice in relation to a scholar's enquiry
E - 42 1235 2001/003892 33 31/10/01 File note recording LSB lawyer’s advice provided in relation to a scholar's enquiry
E - 42 1237 2001/003892 45 26/03/02 Email between Health officers (including legal officers)requesting advice in relation to administration of the MRBS
E - 42 1238 2001/003892 46 02/04/02 Email between Health officers (including legal officers) providing advice in relation to administration of the MRBS
E - 42 1239 2001/003892 47-48 23/04/02 Email chain outlining requests for advice in relation to provisions of the MRB contract from scholar enquiry
E - , 42 1245 2001/003892 60-61 31/05/02 File note recording oral advice relating to reviewing MRB contract
E - 42 1246 2001/003892 62 03/06/02 Email between Health officers (including legal officers) requesting advice in relation to scholar enquiry and short file note of advice given
E - 42 1247 2001/003892 63-65 03/06/02 Email chain comprising internal discussion of scholar email for the purpose of clarifying instructions for legal advice
E - 42 1248 2001/003892 66 03/06/02 File note of advice provided in relation to scholar enquiry
E - 42 1250 2001/003892 68-69 06/06/02 Email chain comprising original draft letter to scholar and suggested amendments to draft letter
E - , 42 1252 2001/003892 71-72 30/10/02 Email chain: communications between LSB lawyer and Departmental officer comprising email request for , and email provision of, legal advice in relation to scholarship contract
E - 42 1253 2001/003892 73-74 31/10/02 Email between Health officers (including legal officers) providing advice in relation to scholarship contract
E - 42 1255 2001/003892 79-83 04/11/02 Email chain comprising enquiry from scholar, internal discussion between Health officers (including legal officers) of instructions and providing advice in relation to deferral of MRB scholarship
E - 42 1256 2001/003892 84 04/11/02 Email response to advice provided in relation to deferral of MRB scholarship
E - 42 1258 2001/003892 86-87 25/11/02 Email request for, and provision of, advice in relation to an addition to the MRB contract
E - 42 1260 2001/003892 89-92 20/12/02 Email chain forwarding advice from Health legal officer in relation to deferral provisions of the MRB contract
E - 42 1263 2001/003892 103-105 20/12/02 Email chain comprising enquiry from, and response to, scholar in relation to obligations under MRB contract and email seeking advice from Health legal officer in relation to part of scholar enquiry
RD - 42 1264 2001/003892 106 09/01/02 Email from LSB lawyer providing preliminary advice to scholar enquiry in relation to obligations under MRB contract
E - 42 1268 2001/003892 113-115 14/02/03 Email chain in relation to scholar request for deferral of MRBS payments
E - 42
1270 2001/003892 117 18/02/03 Email providing advice in relation to scholar request for deferral of MRBS payments and further request
E - 42 1287 2001/003892 139 31/01/03 Email chain between Health officers (including legal officers) comprising requests for advice in relation to contractual clause and notes on preliminary advice
E - 42 1288 2001/003892 140-141 18/02/03 Email chain between Health officers (including legal officers) comprising request for, and provision of, advice in relation to contractual clause
E - 42 1298 2001/003892 155-156 24/02/03 Email chain comprising enquiry from scholar and request for internal legal advice in relation to clause in MRBS contract
E - 42 1299 2001/003892 157 27/02/03 Email between Health officers (including legal officers) providing advice in relation to clause in MRBS contract
E - 42 1303 2001/065402 15 undated File note of discussion between Health officers (including legal officers) of aspects of contract
E - 42 1305 2001/065402 17-18 undated File note in relation to discussion between Health officers (including legal officers) concerning possible changes to MRBS contract
E - 42 1306 2001/065402 19-22 27/08/01 Email chain between Health officers (including legal officers) providing advice on MRBS contract in relation to death of scholar and subsequent discussion of that advice
E - 42 1309 2001/065402 44-45 05/09/01 Email chain between Health officers (including legal officers) comprising discussion of formula for MRBS contract
E - 42 1311 2001/065402 58 06/09/01 Email providing advice as to appropriate amendments to draft MRBS contract
E - 42 1313 2001/065402 61 06/09/01 Email to LSB lawyer for the purpose of obtaining legal advice in relation to redrafted formula in draft MRBS contract with file note of oral advice
E - 42 1314 2001/065402 62-63 10/09/01 Email advice of LSB lawyer in relation to scholar withdrawal from the MRB scheme
E - 42 1316 2001/065402 73 10/09/01 Email from Departmental officer to LSB lawyer providing request for advice as to appropriate amendments to draft MRBS contract
E - 42 1321 2001/065402 88-89 11/09/01 Email chain : LSB lawyer and Health officers comprising advice and discussion as to appropriate amendments to draft MRBS contract
E - 42 1323 2001/065402 91 04/10/01 Email request for legal advice to in relation to part of MRBS contract to LSB lawyer
E - 42 1324 2001/065402 92 04/10/01 Email advice from LSB lawyer to Health officers (in relation to part of MRBS contract
E - 42 1330 2001/077473 8-9 10/12/01 Email chain between Health officers and external legal adviser requesting advice in relation to places in medical school for overseas trained doctors scheme and enforcement of relevant deed
E - 42 1338 2001/077473 38-44 17/12/01 Letter of advice from Phillips Fox in relation to the enforcement of deeds under the 100 places program (places in medical school for overseas trained doctors scheme)
E - S42 1340 2001/077473 52-53 19/12/01 Email chain regarding advice from Phillips Fox
E - S42 1341 2001/077473 54 19/12/01 File note detailing discussion between Health officer and Phillips Fox of advice from Phillips Fox
E - S42 1346 2001/077473 67-71 21/12/01 Email between Health officers and Phillips Fox discussing advice
E - S42 1351 2001/077473 81-87 21/12/01 Letter of advice from Phillips Fox
E - S42 1357 2001/077473 98-99 05/02/02 Email chain between Health officers (including legal officers) seeking advice on request for information concerning the 100 places program (places in medical school for overseas trained doctors scheme) and email discussing preliminary advice in relation to request
E - S42 1358 2001/077473 100 06/02/02 Email chain between Health officers (including legal officers) seeking advice on request for information concerning the 100 places program (places in medical school for overseas trained doctors scheme)
E - S42 1359 2001/077473 101 07/02/02 File note of issues discussed between Health officers (including legal officers) in relation to 100 places program (places in medical school for overseas trained doctors scheme)
E - S42, 1364 2001/077473 110-111 30/04/02 Email chain between Health officers (including legal officers) comprising advice in relation to a participant in 100 places program (places in medical school for overseas trained doctors scheme)
E - S42 1377 2002/039610 4-6 27/06/02 File note by LSB lawyer for the purpose of providing legal advice of meeting between Health officers (including legal officers) outlining request for advice and preliminary advice provided at meeting in relation to contracts
E - 42 1379 2002/039610 11-15 05/07/02 Email legal advice from providing further advice to preliminary advice provided at meeting in relation to contracts (final of folios 7-10)
E - 42 1382 2002/039610 22 20/12/04 File note LSB lawyer comprising oral advice provided in relation to MRBS Program Conditions
E - 42 1383 2002/039610 23-26 20/12/04 Email chain: communications between LSB lawyer requesting, and emails providing, legal advice in relation to an aspect of the MRBS scheme
E - 42 1390 2002/057669 19-22 04/09/02 Email chain: communications with LSB lawyer and Health officers requesting and providing advice in relation to HECS reimbursement scheme
E - 42 1402 2002/059240 69-70 09/09/02 Email chain comprising emails between Health officers to organise meeting to discuss proposed changes to MRB contract with legal adviser's annotations
RD - S42 handwritten annotations 1403 2002/059240 71 12/09/02 File note by LSB lawyer outlining advice provided in relation to amendments to MRBS scheme contract
E - 42 1405 2002/059240 73 13/09/02 Email between Health officers (including legal officers) discussing provided advice in relation to amendments to the MRBS scheme contract
E - 42 1418 2002/059240 195-196 23/09/02 Email chain: communications between LSB lawyer comprising email confirming advice provided, and comments in response, in relation to amendments to the MRBS scheme contract
E - 42 1424 2002/075957 76-77 various Email chain: communications between LSB lawyer discussing email from potential scholar in relation to rural and remote areas
E - 42 1426 2002/075957 79 25/11/02 Email chain between Health officers (including legal officers) comprising email providing advice in relation to definition of rural and remote areas, email forwarding for discussion and notes outlining provided advice
E - 42 1434 2002/075957 100-102 28/11/02 Email between Health officers (including legal officers) providing advice in relation to definition of rural and remote areas (final of folios 94-99)
E – 42 1464 2003/040973 8 09/07/03 Email in relation to draft Instrument of Authorisation
RD - S42 name 1465 2003/054064 - undated Table of files opened
files listed that are not related to the MRBSS or the Applicant’s FOI requestRD - s22 1475 2003/054064 19-20 various Email chain comprising email from Mr Edwards, and subsequent discussion between Health officers (including legal officers) surrounding a request for advice
–E 42 folio 20 1505 2003/054064 87-89 19/02/04 File note outlining advice provided by Health legal officer during meeting in relation to Mr Edwards
E - 42 1511 2003/054064 95 10/03/04 File note outlining advice provided by Health legal officer in relation to Mr Edwards
E - 42 1512 2003/054064 96 10/03/04 Email between Health officers (including legal officers) discussing strategy in relation to Mr Edwards, stating legal advice from LSB lawyer
E - 42 1513 2003/054064 97 10/03/04 Email request for advice from LSB lawyer in relation to Mr Edwards
E - 42 1516 2003/054064 102 12/03/04 File note by LSB lawyer outlining conversation with LSB lawyer in relation to Mr Edwards
E - 42 1529 2003/054064 115 various Email chain comprising request for, and provision of, advice as to strategy in relation to letter from Mallesons Stephen Jaques
RD – 42 2nd paragraph of the email at the top of folio 115 1548 2003/054064 137 30/03/04 File note by LSB lawyer outlining conversation between Health officers (including legal officers) in relation to Mr Edwards
E - 42 1564 2003/054064 155 04/05/04 File note outlining oral legal advice from Health legal officer in relation to Mr Edwards
E - 42 1565 2003/054064 156 05/05/04 File note by LSB lawyer outlining discussion involving Health officers (including legal officers) and University of Sydney in relation to Mr Edwards
E - 42 1567 2003/054064 158-159 06/05/04 File Note by LSB lawyer outlining discussion involving Health officers (including legal officers) and University of Sydney in relation to Mr Edwards
E - 42 1601 2004/030210 35- 27/05/04 Email chain comprising email discussion between Health officers for the purpose of updating the Ombudsman Complaints Register
RD - S22 other ombudsman matters in table on folio 35 1602 2004/030210 37 27/05/04 Email between Health officers (including legal officers) in relation to Consumer Trader and Tenancy Tribunal proceedings
RD - S42 2nd last paragraph of email 1603 2004/030210 38 28/05/04 Email with request for legal advice to LSB lawyer in relation to Senate Estimates and Mr Edwards. Redacted paragraphs are file note of communication with Departmental officer for the purpose of obtaining legal advice
RD - S42 2nd paragraph of hand written notes 1608 2004/030210 44 01/06/04 Email request for advice to LSB lawyer in relation to draft letter to Mr Edwards. Redacted portion is file note LSB lawyer of discussions with Departmental officer for the purpose of obtaining legal advice
RD - S42 hand written notes only 1619 2004/030210 56 01/07/04 Email in relation to Mr Edwards and notes of telephone conversation with Virginia Judge MP. Redacted portion is file note by Mr Quinn of discussions with Departmental officer for the purpose of obtaining legal advice
RD - S42 hand written notes only 1622 2004/032841 1 undated Table of files ordered
RD - S22 details of other files 1623 2004/032841 2 11/08/04 Email to LSB lawyer providing information for the purpose of obtaining legal advice in relation to MRBSS contract amendments
E - 42 1624 2004/032841 3 11/08/04 Email to LSB lawyer providing information for the purpose of obtaining legal advice in relation to MRBSS contract amendments
E - 42 1629 2004/032841 26 30/08/04 Email advice by in relation to MRBSS contract (final of folios 23-24)
E - 42 1630 2004/032841 27 01/09/04 File note of Health legal officer outlining issues for clarification and advice
E - 42 1631 2004/032841 28 undated File note of Health legal officer in relation to MRBSS contract
E - 42 1632 2004/032841 29-30 01/09/04 File note of meeting between Health officers (including legal officers) in relation to MRBSS contract
E - 42 1633 2004/032841 31-32 11/08/04 Email between Health officers (including legal officers) in relation to withdrawal implications for MRBSS
E - 42 1637 2004/032841 44 22/09/04 Email outlining advice provided from AGS and Health legal officers in relation to MRBS contract
E - 42 1641 2004/032841 49 24/09/04 Email in relation to withdrawal implications for MRBSS contract
RD - S42 1st email 1647 2004/032841 70-71 02/12/04 Email chain comprising emails between Health officers (including legal officers) requesting and providing advice in relation to RRMA classifications
E - 42 1650 2004/032841 76-77 28/09/04 Email between Health officers (including legal officers) in relation to withdrawal implications for MRBSS contract
RD - 42 1st email, 3rd email 1651 2004/032841 78 28/09/04 Email communications: LSB Lawyer; between Health officers (including legal officers) providing legal advice and accompanied by handwritten notes
E - 42 1655 2004/032841 95 19/10/04 Email communications: LSB Lawyer, comprising emails between Health officers (including legal officers) discussing instructions for seeking legal advice from AGS
E - 42 1656 2004/032841 96 19/10/04 File note by LSB lawyer outlining request for advice from AGS in relation to the moratorium period
E - 42 1657 2004/032841 97 19/10/04 Email LSB lawyer confirming request for advice from AGS in relation to the moratorium period
E - 42 1658 2004/032841 98 20/10/04 File note by LSB lawyer outlining discussing advice provided in relation to MRBSS contract
E - 42 1663 2004/032841 111 26/10/04 File note by LSB lawyer outlining conversation with Departmental officer in relation to AGS advice
E - 42 1665 2004/032841 113-114 26/10/04 Email communications: LSB Lawyer and comprising emails between Health legal officer's advice
E - 42 1666 2004/032841 115-117 15/11/04 Letter of advice from AGS in relation to MRBSS
E - S42 1669 2004/032841 120 15/11/04 Tax invoice from AGS
E - S42 1671 2004/032841 122 01/02/05 Email chain comprising discussion between Health officers (including legal officers) in relation to obligations under the MRBSS; discussions between LSB lawyers; advice by LSB lawyer
E - 42 1672 2004/032841 123-124 16/02/05 Email chain – LSB Lawyer - comprising request for, and email providing, advice in relation to change of names
E - 42 1678 2004/032841 132-133 11/10/04 Email chain – LSB Lawyer - comprising emails between Health officers (including legal officers) for the purpose of requesting and providing legal advice in relation to RRMA classifications
E - 42 1679 2004/032841 134 11/10/04 Email chain – LSB Lawyer - comprising email requesting, and email providing, advice in relation to RRMA
E - 42 1680 2004/032841 135 01/07/05 File note by LSB lawyer outlining request for advice in relation to RRMA
E - 42 1684 2004/033860 1 26/05/04 Table of files ordered
Files with no relevance to the Scheme or the Applicant’s request are deletedRD –s22 1692 2004/033860 53 26/05/04 Letter from LSB lawyer to AGS providing instructions in relation to Consumer Trader and Tenancy Tribunal proceedings
E - 42 1693 2004/033860 54 27/05/04 Email from AGS in relation to instructions for Consumer Trader and Tenancy Tribunal proceedings
E - 42 1694 2004/033860 55 28/05/04 File note in relation to Mr Edwards Consumer Trader and Tenancy Tribunal claim
E - 42 1695 2004/033860 56 28/05/04 Letter to AGS in relation to Mr Edwards Consumer Trader and Tenancy Tribunal claim
E - 42 1698 2004/033860 59-60 31/05/04 Email chain between AGS and Health officers in relation to Mr Edwards Consumer Trader and Tenancy Tribunal claim
E - 42 1699 2004/033860 61 02/06/04 File note by LSB lawyer in relation to Mr Edwards Consumer Trader and Tenancy Tribunal claim
E - 42
1700 2004/033860 62-63 08/06/04 Email communications between AGS lawyer and LSB lawyer for the purpose of providing advice in relation to Consumer Trader and Tenancy Tribunal claim
E - 42 P. 63 only 1702 2004/033860 66 08/06/04 File note by LSB lawyer of conversation with AGS lawyer in relation to Mr Edwards Consumer Trader and Tenancy Tribunal claim
E - 42 1703 2004/033860 67 08/06/04 File note in relation to Mr Edwards Consumer Trader and Tenancy Tribunal claim
E - S 42 1705 2004/033860 70 09/06/04 File note by LSB lawyer of legal advice provided orally to Departmental officer in relation to Consumer Trader and Tenancy Tribunal proceedings
E - 42 1706 2004/033860 71-72 09/06/04 Email communications comprising discussions of legal advice from AGS and email of the AGS legal advice - for the purpose of providing advice in relation to Consumer Trader and Tenancy Tribunal claim
E - 42 1710 2004/033860 79 09/06/04 File note of communications between AGS lawyer and LSB lawyer in relation to submission for Mr Edwards Consumer Trader and Tenancy Tribunal claim - for the purpose of providing advice in relation to Consumer Trader and Tenancy Tribunal claim
E - 42 1711 2004/033860 80-81 09/06/04 Email communications between AGS lawyer and LSB lawyer and instructions from internal lawyer in relation to draft submission to Consumer Trader and Tenancy Tribunal
E - 42 1715 2004/033860 85-86 10/06/04 Email communications between LSB lawyer and other Commonwealth officials in relation to draft submission for Mr Edwards Consumer Trader and Tenancy Tribunal claim
E - 42 1716 2004/033860 87-88 01/06/04 Letter from AGS to LSB lawyer on details of AGS work for the matter in the Consumer Trader and Tenancy Tribunal proceedings
E - 42 1720 2004/033860 98 10/06/04 Email from AGS to LSB lawyer on attaching draft submissions and letter in relation to the Consumer Trader and Tenancy Tribunal and seeking instructions
E - 42 1723 2004/033860 105 11/06/04 Email communications in Health discussing draft submissions and includes email in doc 1720
E - 42 1734 2004/033860 118-119 29/10/04 Letter from AGS in relation to professional fees and tax invoice
E - S42 1787 2004/033860 271-272 various Email communications between LSB lawyer and Departmental officer, seeking legal advice; includes email from Mr Edwards dated 14/9/10
E - 42 1809 2005/008681 4-7 10/01/05 Fax communication from Health official to LSB lawyer with instructions on response to Mr Edwards and attaching letters
RD –s42 folios 5 and 6
1811 2005/008681 9 10/01/05 File note of LSB lawyer on meeting with Departmental officer, outlining advice received in relation to Mr Edwards matter
E - 42 1822 2005/008681 23 14/01/05 Email communications between LSB lawyer and Departmental officer in relation to responding to correspondence from Mr Edwards’s lawyer providing legal advice
RD - 42 last sentence of substantive paragraph in the 2nd email on folio 23 1823 2005/008681 24-25 18/01/05 Email communication between LSB lawyers and discussing legal advice RD - 42 First three paragraphs of first email 1839 2005/008681 43 19/01/05 File note of LSB lawyer on meeting with Departmental officer giving legal advice in relation to Mr Edwards
E - 42 1841 2005/008681 45 20/01/05 Email advice from LSB lawyer to Departmental officer in relation to draft letter for Mr Edwards
RD - 42 paragraphs numbered 2 and 3 1851 2005/008681 55 11/02/05 Email communications with LSB lawyer file note detailing telephone call with Departmental officer
RD - S42, 22
handwritten notes 1854 2005/008681 58-60 14/02/06 Letter from AGS in relation to professional fees and tax invoice
RD - S42, 22, 22 folios 58 and 59 1855 2005/008681 61 08/03/05 File note y LSB lawyer on conversation with Departmental officer on meeting with Mr Edwards’s lawyer
E - 42 1861 2005/008681 68 undated File note in relation to Mr Edwards
E – s 42 1867 2005/008681 77 14/03/06 File note in relation to Mr Edwards
RD –s42, 22 5th line of text.
1875 2005/008681 92 04/04/07 Email correspondence from Departmental officer to LSB lawyer requesting legal advice in respect of email from Mr Edwards
RD - 42 draft words in italics (including annotations) 1876 2005/008681 93 04/04/07 Email correspondence to Departmental officer from LSB lawyer requesting legal advice in respect of email from Mr Edwards RD - 42 draft words in italics (including annotations) 1877 2005/008681 94 16/04/07 Email correspondence with Departmental officer and LSB lawyer and providing legal advice in respect of Mr Edwards matter
RD - 42 emails by Health officers 1878 2005/008681 95 16/04/07 Email correspondence with Departmental officer and LSB lawyer with file note by LSB lawyer on telephone call providing advice to departmental officer
RD - 42 handwritten notes 1883 2005/008681 105 16/05/07 File note by LSB lawyer of discussion with LSB lawyer outlining advice provided by Health legal officer in relation to the privacy principles under the Privacy Act 1998
E - 42 1884 2005/008681 106 16/05/07 Email correspondence between Departmental officer and LSB lawyer requesting legal advice and email providing legal advice in relation to Ministerial on Mr Edwards
E - 42 1885 2005/059404 1 undated Table of files ordered by LSB lawyers
RD –s22 Details of other files which are not related to the MRBSS or Mr Edwards 1909 2005/059404 53 23/08/05 File note of discussion between Departmental officer and LSB lawyer providing legal advice and discussing legal advice from AGS in relation to Mr Edwards’s AAT proceedings
E - 42 1921 2005/059404 71-72 13/10/05 Tax invoice for professional fees from AGS (showing narration of legal services provided)
E - S42 1938 2005/059404 100 08/02/06 File note by LSB lawyer of communication with AGS providing legal advice in relation to Mr Edwards AAT proceedings
E - 42 1959 2005/074347 57 24/10/05 Email communications between LSB lawyer and Departmental officer providing advice in relation to Consumer Trader and Tenancy Tribunal proceedings
E - 42 1962 2005/074347 62-63 24/10/05 Email communication between AGS, Attorney-General's department and LSB legal lawyer on submissions to Consumer Trader and Tenancy Tribunal in claim by Mr Edwards
E - 42 1972 2005/074347 85 26/10/05 Email communications between AGS and LSB lawyer providing advice in relation to draft letter/submissions for Consumer Trader and Tenancy Tribunal proceedings
E - 42 1975 2005/074347 90-91 27/10/05 Email communications between AGS and LSB lawyer providing advice in relation to draft letter/submissions for Consumer Trader and Tenancy Tribunal proceedings
E - 42 1978 2005/074347 94-95 27/10/05 Email communications between AGS and LSB lawyer providing advice in relation to draft letter/submissions for Consumer Trader and Tenancy Tribunal proceedings
RD - 42 folio 95 1980 2005/074347 97-98 27/10/05 Email communication from AGS to LSB lawyer for the purpose of providing legal advice
RD - 42 1st email on folio 98 1985 2005/074347 107-108 28/10/05 Email chain in relation to Mr Edwards Consumer Trader and Tenancy Tribunal claim
RD - 42 first three emails in chain (folio 108) 1990 2005/074347 115 14/11/05 Tax invoice for professional fees from AGS
E - 42 1992 2005/074347 117-119 09/12/05 Email communication between AGS and LSB lawyer for the purpose of providing legal advice
RD - 42 folio 119 1997 2005/074347 124-125 18/01/06 Tax invoice for professional fees from AGS
E - S42 2002 2007/002187 1 12/12/06 File note by LSB lawyer outlining conversation with Departmental officer in relation to Mr Edwards
E - 42 2009 2007/002187 11 13/12/06 File note by LSB lawyer in relation to communications with Departmental officer regarding Mr Edwards fraud complaint
E - 42 2014 2007/002187 16-17 15/12/06 Email communication between LSB lawyer and Departmental officer in relation to Mr Edwards fraud complaint
E - 42 2017 2007/002187 23 18/12/06 File note by LSB lawyer and Departmental officer on communication in relation to Mr Edwards fraud complaint
E - 42 2041 2007/066564 117 4/10/07 Email communications between LSB lawyer and Departmental officer, requesting, and providing advice, in relation to Mr Edwards fraud complaint
E - 42 2043 2007/066564 119 05/10/07 File note of communications between LSB lawyer and Departmental officer in relation to Mr Edwards matter
E - 42 2066 2007/066564 146 04/09/08 Email communications between LSB lawyer and Departmental officer, setting out information requesting, detailing discussions in relation to Mr Edwards fraud complaint
E - 42 2075 2007/066564 158-159 various Email communications between LSB lawyers and Departmental officer and AGS lawyer requesting, and providing advice, in relation to Mr Edwards complaint
Note this is duplicated in folio 160-162 of 2007/066564E - 42 2076 2007/066564 160-162 05/09/08 Email communications between LSB lawyer and Departmental officer requesting, and discussing advice, in relation to Mr Edwards complaint E - 42 2077 2007/066564 163 05/09/08 File note in relation to telephone message with handwritten notes
RD - 42 handwritten notes 2080 2007/066564 167-169 various Email communications between LSB lawyer and Departmental officer requesting, and discussing advice, in relation to Mr Edwards complaint E - 42 2086 2007/066564 176-177 07/10/08 Email communications between LSB lawyer and Departmental officer requesting, and discussing advice, in relation to Mr Edwards complaint E - 42 2091 2007/066564 185-187 23/09/08 File note by LSB lawyer on communications with Departmental officer in relation to Mr Edwards
E - 42 2113 2007/066564 245-247 17/09/08 Email communications between LSB lawyer, AGS and Departmental officer on hearing and submissions for Mr Edwards AAT proceedings
E - 42 2114 2007/066564 248 17/09/08 Email communications between LSB lawyer and AGS on hearing for Mr Edwards AAT proceedings
E - 42 2118 2007/066564 255-256 23/03/09 Email communications between LSB lawyer and Departmental officer discussing freedom of information request from Mr Edwards and emails between Health officers (including legal officers) discussing approach to request for the purpose of litigation
E - 42 2119 2007/066564 257-259 25/03/09 Email communications between LSB lawyer and staff lawyer and Departmental officer with information provided for the purpose of litigation regarding freedom of information request from Mr Edwards
E - 42 2120
2007/066564 260-262 22/04/09 Email communications between LSB lawyer and Departmental officer with information provided for the purpose of litigation regarding freedom of information request from Mr Edwards
E - 42 LSB
21542008/029358 50-51 24/06/08 Email communications between LSB lawyer and Departmental officer for the purpose of legal advice in relation to Mr Edwards matters
RD - S42 dot points LSB 2155 2008/029358 52 04/07/08 File note by LSB lawyer of meeting between Health officers to discuss AAT proceedings and instructions to AGS
E - S42 LSB 2156 2008/029358 53 04/07/08 File note by LSB lawyer of meetings between Health officers to discuss AAT proceedings and instructions to AGS
E - S42 LSB 2157 2008/029358 54-55 various Email communications between LSB lawyer and Departmental officer for the purpose of advice from AGS concerning the preparation of Tribunal documents
E - S42 LSB 2159 2008/029358 58-60 09/07/08 Notes by LSB lawyer on the preliminary hearing before the AAT on 9 July 2008 prepared for the dominant purpose of providing instructions to the AGS, and containing legal advice provided by the AGS
E - 42 LSB 2161 2008/029358 64-66 10/07/08 Email communications between LSB lawyer and AGS seeking instructions for AAT proceedings .
E - 42 LSB 2163 2008/029358 69 09/07/08 Email communications between LSB lawyer and Departmental officer in relation to AAT proceedings
E - 42 LSB 2164 2008/029358 70-77 23/02/00 Legal advice from AGS to LSB lawyer
E - S42 LSB 2165 2008/029358 77A-77D 06/08/03 Legal advice from AGS to LSB lawyer
E - S42 LSB 2168 2008/029358 89-90 various Email communications between LSB lawyer and AGS in relation to AAT proceedings E - S42 LSB 2170 2008/029358 93 15/07/08 Email communication from AGS to LSB lawyer in relation to application for stay of AAT proceedings by Mr Edwards
E - S42 LSB 2174 2008/029358 98-99 various Email communications between AGS, LSB lawyer and Departmental officer on instructions in relation to application for stay of AAT proceedings by Mr Edwards
E - 42 LSB 2175 2008/029358 100 17/07/08 Email communications between AGS and LSB lawyer in relation to draft correspondence and estimate of fees
E - 42 LSB 2176 2008/029358 101-102 various Email communication between AGS, LSB lawyer and Departmental officer on instructions in relation to application for stay of AAT proceedings by Mr Edwards
E - 42 LSB 2182 2008/029358 117 25/08/08 Email communication between LSB lawyer and Departmental officer in relation to draft correspondence to Mr Edwards concerning progress of litigation
E - S42 LSB 2183 2008/029358 118-120 various Email communications between AGS, LSB lawyers and Departmental officer seeking instructions and discussion in relation to application for stay of AAT proceedings by Mr Edwards
E - 42 LSB 2184 2008/029358 121-122 29/07/08 Email request for advice from LSB FIi Coordinator and LSB lawyer in relation to instructions for AGS in AAT proceedings E - S42 LSB 2188 2008/029358 133 undated Internal calendar entry – meeting – Invitation from LSB lawyer to other lawyers and FOI Coordinator with issues for consideration listed for the purpose of AAT litigation
RD – S42 text under issues for consideration LSB 2191 2008/029358 137-138 17/07/08 File note by LSB lawyer of meeting between LSB lawyers and Departmental officer to prepare for AAT proceedings regarding new application
E - 42 LSB 2192 2008/029358 139-143 11/07/08 Freedom of Information Status Report for financial year 08/09. Lists FOI matters that are not relevant to the Applicant’s request
RD - s 22 All material other than:
- 1st 5 lines on page 1;- last 3 rows on page 1; and
- 2nd row on page 7.
LSB 2193 2008/029358 144 undated Internal note by LSB lawyer comprising issues for consideration in relation to AAT proceedings
E - 42 LSB 2197 2008/029358 152 undated Internal note outlining advice from LSB in relation to administration of the MRBS scheme
E - 42 LSB 2198 2008/029358 153-157 05/07/02 Email advice from LSB lawyer providing advice in relation to administration of the MRBS scheme
E - S42 LSB 2200 2008/029358 159-160 18/07/08 File note by LSB lawyer of meeting with Departmental officers to discuss case management issues ahead of providing instructions to AGS
E - 42 LSB 2201 2008/029358 161 29/08/08 Email from LSB lawyer to Departmental officer with information for the purpose of providing legal advice in relation to the Health Insurance Act 1973
E - 42 LSB 2203 2008/029358 163-165 various Email communications between LSB lawyers and AGS in relation to approach to managing AAT proceedings
E - 42 LSB 2204 2008/029358 166 04/09/08 Email from Departmental officer to LSB lawyer in relation to strategic direction and instructions following meeting with LSB lawyer for AGS in relation to the AAT proceedings brought by Mr Edwards
E - 42 2205 2008/029358 167-168 26/08/08 Email communication to FOI Coordinator from AGS in relation to seeking instructions in relation to stay application by Mr Edwards
E - S42 LSB 2207 2008/029358 171 26/08/08 Email communication between FOI Coordinator and AGS in relation to litigation by Mr Edwards and email discussing AGS advice
E - 42 LSB 2211 2008/029358 183-184 17/09/08 Email communication between LSB lawyer and Departmental officer discussion AGS advice
E - 42 LSB 2212 2008/029358 185-186 17/09/08 Email communication LSB lawyer and Departmental officer and AGS advice providing supplementary notes to oral briefing of AAT conference outcomes
E - 42 LSB 2215 2008/029358 193 19/08/03 Email communication discussing advice from LSB lawyer in relation to university waiver form E - S42 LSB 2216 2008/029358 194-197 17/07/08 Tax invoice from AGS, showing by narration summary of legal advice given
RD - S42 LSB 2226 2008/029358 207-209 11/08/08 Tax invoice from AGS, showing by narration summary of legal advice given
RD - S42, HFD FILES 2153 2001/015174 39 21/06/04 Email request for advice to LSB lawyer from Departmental officer in relation to discontinuation of MRBS place by scholar (not Mr Edwards)
E - S 42 2154 2001/015174 40-41 various Email communications between LSB lawyer and Departmental officer, requesting advice in relation to discontinuation of MRBS place by scholar
E - S 42 2155 2001/015174 42-44 16/07/04 Legal advice by LSB lawyer in relation to discontinuation of MRBS place by scholar
E - S 42 2166 2001/015174 56-57 24/08/04 Legal advice by LSB lawyer in relation to discontinuation of MRBS place by scholar
E - S42
2307 2001/015183 37ii-37iv 26/06/03 Legal advice from LSB lawyer to Departmental officer on MEBSS
E - S42 2310 2001/015183 38 07/07/03 Email communications from Departmental officer outlining summary of legal advice from LSB lawyer in relation to withdrawal / deferral of scholar
E - S42 2311 2001/015183 38i-38iii 10/07/03 Email communications from Departmental officer outlining summary of legal advice from LSB lawyer in relation to withdrawal / deferral of scholar
E - S42 2429 2002/013002 30-31 02/12/03 Minute to the Director in relation to exclusion and re-application to university of scholar, redacting third party personal information and paragraph outlining legal advice in relation to that scholar RD – s 42 scholar name, last paragraph on folio 31, 2nd paragraph on folio 30 2461 2002/013002 89-91 21/10/05 Minute to First Assistant Secretary in relation to application for discretion by scholar redacting third party personal information and paragraph outlining legal advice in relation to that scholar E –S42 2471 2002/013002 103-105 17/11/05 Minute to Acting First Assistant Secretary in relation to application for discretion redacting third party personal information and paragraph outlining legal advice by LSB lawyer RD –42, 22 scholar name, first paragraph on folio 104
I certify that the 55 preceding paragraphs are a true copy of the reasons for the decision herein of
Signed: .............................[sgd]........................................................
AssociateDate/s of Hearing 16 December 2010
Date of Decision 4 March 2011
Applicant Self Represented
Solicitor for the Respondent J Davidson, Australian Government Solicitor
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