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The minister announces the exciting new sas program

This assignment will take the form of a letter of advice addressed to the client, Peak Local Sport Australia (PLSA). The letter of advice must address the following points (for guidance on structure and headings see the ‘Format and Submission Requirements’ below).

a) Assessment of the decision
Your letter of advice must include an assessment of the decision and the reasons given for the refusal of the request. You need to indicate:
i) which aspects of the decision are open to challenge, and the reasons which should be used to challenge those aspects of the decision; and ii) which aspects of the decision are not open to challenge, and the reasons why that is so.

Administrative Law Autumn 2020 Assessment Task 2

FORMAT AND SUBMISSION REQUIREMENTS

5 Style: Size 12, Time New Roman font, double spaced (footnotes in size 10).

6 Cover sheet: The UTS:Law online cover sheet (available ) must be completed and attached as the first page of your assignmor Turnitin submission.

Administrative Law Autumn 2020 Assessment Task 2

FACT SCENARIO
Peak Local Sport Australia (PLSA) is the peak body for local sports clubs across the country. PLSA’s role is to advocate on behalf of sports clubs; to advise them on questions of budgeting and governance; and to engage with federal and state governments on policy affecting them. Christina Simes is the head of PLSA. For a number of years now, PLSA has engaged in detailed mapping exercises to identify the sports clubs in the most need of funding, whether for new equipment, facilities upgrades or maintenance activities.

(b) any research or data regarding local Australian sports clubs used to inform or design a new Federal Sports Grants program;

(c) any externally-produced advice or reports, commissioned in relation to a new Federal Sports Grants program;

16 March 2020

Marianne Nour & Associates
1 Piper lane
LONGREACH NSW 2222

In addition to the documents detailed in the annexure, a search of the Department’s email database has identified 434 emails that contained the search term “Supports for Aussie Sports”. I estimate that it would take 420 hours to review these emails and determine whether they are relevant to this request and whether any exemption applies. This would be an unreasonable diversion of the time and resources of the Department and I accordingly refuse your request for access to those emails pursuant to s 24 of the Act.

Regards,

No.

Responds to

Decision

Access
refused

The Department has a large set of raw data generated in order to map thousands of local sports clubs, including details of their membership, budgets and facilities.

I refuse access to this data set as it is not in documentary form; it is an electronic set of data that can only be read using specialised technology.

I have determined that this contract and associated documents are exempt under the Act on the basis that release would reveal information about the business, commercial and financial affairs of Nellvale (s 47G of the Act). In reaching this view, I have consulted with Nellvale which has informed me that it will suffer commercial disadvantage if the terms of any arrangement between it and the Commonwealth government are made public.

The firm has also informed me that any further documents relating to your request that it holds are its private property. I do not propose to deal with those documents in this decision as they are not held by the DOH.

Access
refused

4

Briefing
document
prepared by DOH for the Attorney-
General

Access
refused

Paragraphs (a), (b), (c) and (d)

Access
refused

This policy paper was prepared by an employee of the Department at the Minister’s request. It includes information that responds to paragraphs (a), (b), (c), and (d) of the request. It has since been included in a bundle of documents used to brief Cabinet. It is therefore considered a Cabinet document and is exempt from release (s34 of the Act).

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