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Refrens FOMPMOQOISIE Dear Mr Farell | refer to your email dated 9 November 2015, in which you made a request under the Freedom of Information lt 1982 (the FO Act) tothe ice of the Prime Minister in the following tems: All conespondence set an recived over [Prime [Mfiniter Malcolm Tumbul’s ‘Personal email server between 20 September to 9 October that pertains tothe ffs Of the [Prime [Mfinitr acting in his oficial eapaity as [Prime [Mliistr, or which relate othe flair of the [Prime [Mjnister’'s oie or anyother offic of foverment In acondance with the Information Commissioner's decison in Paul Farrell and Prime Minster of Australia (Freedom of information) [2017] AC (1S May 2017), 1 writ advise you of my decision on your FOT request Authorised deiion-maher 1 am authorise by the Prime Miniter to make dessins on his buhlin relation to requests ‘made unde the FOL Act. Documents falling within the scope ofthe request {As indicated nthe Information Commissioners deision, the Prime Miniter cares out a ruber of roles in vrious capacities andthe task of searching for documents meeting your request therefore involves determining whether patculr documents are ‘offical documents ‘of aminister "In elation to documents hel by a minister, the ight of acess under te FOL Acts to official documents of minister’ Section 4(1) ofthe FOI Act defines “oficial ‘document of Minister or official document ofthe Minister’ to mean document that isin the possession of a Ministero hati in the possession of ie “Minister concerned, as the case requis, in his or he capacity asa Minister, being & document that relates to the afl of an ageney or of « Department of State and oe |S Pat vat ot ine nr fra eon fart 7 NE 217, aco 1) nA te FO A the purposes ofthis definition, a Minster sal be deemed tobe in possession ofa tlocument tht has pased from his her posession ite or she sentir acces to the document and the document isnot a document of an agency. ‘The ‘Guidetne issued by the Australian Information Commissioner under s 934 of the Freedom of Information det 1982" (the FOL Guideline) sate that te definition of fTicd document of minister’ comprises two elements ‘the document must be “in the possession ofa Minister. is capacity asa Minister and ‘+ the document nthe Minister's possession must "ela t the ars of an agency’ The POI Guidetnes provide that the phrase “relates to the afirs ofan agency"* {sto understood broadly as encompassing documents that relate to mates ‘Sithin the portfolio responsiblity ofa minister or the Busines or activities ofan ‘gency, The content ofa document andthe context in which it was created or held ‘ill be important. “The FOI Guideline tat that documents held by minister that do ‘not relate tothe aft of an agen” include” ‘personal documents of minster or the minister's tall 4 documents ofa party politcal nature, and ‘documents het inthe ministers capacity a local member of paiament not ding ‘vith the ministr's portfolio responsibil, ‘have located 8 documents within the scope of your FO rues. Decision ‘have desided to release all documents with persnal/pivate information such as contact

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