67.
establishment of the Governor-General. The steps described above which Sir John took put the matter beyond doubt.
188 Finally, although not determinative, subsequent correspondence between Sir John and the Official Secretary in the early 1980s reinforces that conclusion. The correspondence records that Sir John knew that what he described as the "Palace correspondence", namely the package the subject of this appeal, was "lodged in the National Archives" and that other papers that Sir John had left behind, after he had decided which papers he would take with him, "remained as part of the official records of the Governor-General's Office". In a letter dated 20 May 1980, the Official Secretary told Sir John that those papers that Sir John had left behind:
"are still held here at Government House in our own file storage … Irrespective of where the papers are physically kept, they are now part of the official records of this office, and the Official Secretary of the day is responsible for their safe custody. The advice which I have received … is that I have no authority to release these or any other papers from the official records."
In responding to that letter in July 1980, Sir John did not dispute or take issue with these matters but, instead, said he wished to talk with Professor Neale, the then Director-General of the Australian Archives, about other material he may have been able to put together with a view to depositing it in the Australian Archives in addition to the items already there. Later correspondence between Sir John and the Official Secretary in 1981 records that that discussion was held.
Part of contents of package personal and confidential and terms of deposit
189 Much was made in argument in writing and orally of the fact that the correspondence between Sir John and The Queen was personal and confidential and, further, that the letter of deposit stated that it was their joint wish that the papers were to remain closed until 60 years after the end of Sir John's appointment[1].
190 Those matters are not determinative of the disposition of this appeal. They are outweighed by the considerations addressed above[2], which show that the transfer of the package to the Australian Archives was controlled by the Official Secretary in that capacity on behalf of the official establishment of the
