5 As revised and transferred, Mr Patrick's FOI request sought access to documents described as follows:
Any correspondence, briefing materials and advice sent by the Attorney-General's Department to the Department of Prime Minister and Cabinet that contain advice in relation to the administration of the Community Sport Infrastructure Grant Program by the Former Minister for Sport the Hon Bridget McKenzie.
6 On 14 April 2020, a decision was made by the AGO to refuse Mr Patrick's FOI request. The AGO stated that there was one document within the scope of the request (the Document), but it was exempt pursuant to s 34 (cabinet documents) and s 42 (documents subject to legal professional privilege) of the FOI Act.
7 On 4 June 2020, Mr Patrick applied to the Office of the Australian Information Commissioner (Information Commissioner) pursuant to s 54L of the FOI Act for review of the AGO's decision.
8 Between 12 August 2020 and 19 March 2021, the Information Commissioner corresponded with the AGO and Mr Patrick and they made submissions (both open and confidential) in relation to the review.
9 On 30 March 2021, Senator the Hon Michaelia Cash was appointed as the Attorney-General.
10 Between 18 August 2021 and 24 December 2021, the Information Commissioner made enquiries as to whether Attorney-General Cash, the AGD or the National Archives of Australia (NAA) were in possession of the Document. Each advised that they were not in possession of the Document.
11 On 13 December 2021, the Department of Prime Minister and Cabinet refused a request made by Mr Patrick for the Document on the basis that the Document could not be found or did not exist.
12 On 21 May 2022, a federal election took place. This resulted in a change of government.
13 On 1 June 2022, the Hon Mark Dreyfus KC MP was appointed as the Attorney-General.
14 On 20 July 2022, the Information Commissioner made enquiries with the AGD to check whether Attorney-General Dreyfus had access to, or possession of, the Document and/or whether the document had been transferred to the AGD or the NAA.
