Rex Patrick (SA, Centre Alliance) Share this | Hansard source

I apologise for not articulating this well. The burden of my question is that, in order to be able to appreciate that they can take an action under these provisions, they may need access to documentation to work that out: 'Actually, we have a bona fide case.' That's typically what happens in such a matter. You FOI a bunch of documents so that you can see what the department has done. Alternatively, you can go to a lawyer and seek prediscovery. Now, in those circumstances, obviously, you're dealing with a court order, and the department may have to capitulate. But is it likely that those sorts of decision documents would fall under one of the exemptions in the FOI Act?