Particularly at the news that Cabinet Memorandum 4456 "Australian intervention by affidavit in UK Attorney-General v Heinemann and Peter Wright", the famous Spycatcher case, remains secret in its entirety all these years later on the grounds that disclosure "could reasonably be expected to cause damage to the security, defence or international relations of the Commonwealth."
The book contained revelations not quite up there with Edward Snowden but it was a big deal at the time. Some aspects still, according to Archives.
The number of withheld documents this year, in line with the recent years, is small in comparison with the number released.
However you have to wonder why so many of those released needed blanket freedom of information exemption for so long- most state government laws limit the application of the cabinet exemption to 10 years although other exemptions may still then apply to protect sensitive information. No such provision in the Commonwealth act where the cabinet exemption applies until the open access period, moving towards 20 years, kicks in.
Apart from the Spycatcher memorandum, another notable withholding is Submission 4207 "Project Nulka." The Department of Defence in October 2013 was very pleased to commend the book Nulka: A Compelling Story about an Australian ship defence system that is our largest regular defence export.
In the current climate of revelations about US and Australian intelligence gathering, and difficulties in our relations with Indonesia and East Timor the withholding of all or parts of cabinet papers concerning Security and intelligence, and Foreign Affairs ("Australia–Indonesian relations – prospects and approach"; "Australia–Indonesia maritime delimitation negotiations") will lead to plenty of speculation about what is still sensitive 27 years on.
(Update: See Paul Chadwick in The Guardian for an interesting comparison of issues of the 80's and current Snowden related matters. Welcome back to journalism Paul.)
Again this year there are a number of partial withholdings about Antarctica-probably confirming what most who take an interest in the subject know, that Australia's sovereignty claims are shaky if not quite as thin as a melting ice shelf, but we wouldn't want to let on at any time if we can help it.
The list of withheld documents follows.
OWE – open with exception - means partial release, 'Closed', wholly withheld.
Section 33 (1)(a) of the Archives Act provides exemption for "information or matter the disclosure of which under this Act could reasonably be expected to cause damage to the security, defence or international relations of the Commonwealth." As with other exemptions in this part of the act there is no public interest test. Decisions to withhold are subject to review by the Administrative Appeals Tribunal
Defence
| Topic and title | Document | Reason for exemption from public access under the Archives Act |
|---|---|---|
| Project NULKA | Submission 4207 | CLOSED 33(1)(a) |
| New DSD [portion of title exempt] | Submission 4239 | OWE 33(1)(a) |
| New Defence major capital investment proposals for 1986–1987 | Submission 4249 | OWE 33(1)(a) |
| Over-the-horizon radar | Submission 4337 | OWE 33(1)(a) |
| New submarine project | Submission 4870 | OWE 33(1)(a) |
| Spectrum surveillance and monitoring in Canberra | Memorandum 4958 | OWE 33(1)(a) |
| Defence budget and new major capital investment proposals for 1987–1988 | Submission 5025 | OWE 33(1)(a) |
| Australian Defence Satellite Communications Station Geraldton – approval to proceed and supplementation to the Defence vote | Submission 5047 | OWE 33(1)(a) |
Foreign affairs
| Topic and title | Document | Reason for exemption from public access under the Archives Act |
|---|---|---|
| Scheme for reporting of contacts between Australian officials and overseas representatives within Australia | Memorandum 4001 | OWE 33(1)(a) |
| Australia and Japan | Submission 4506 | OWE 33(1)(a) |
| Possible action against Libya – risk assessment | Memorandum 4831 | OWE 33(1)(a) |
| Libyan activities in the South Pacific | Memorandum 4851 | OWE 33(1)(a) |
| Fiji–Australian interests and options for the government in the light of recent developments | Memorandum 4912 | OWE 33(1)(a) |
| Papua New Guinea proposals on Australia–Papua New Guinea relations | Submission 4956 | OWE 33(1)(a) |
| Australia–Indonesian relations – prospects and approach | Submission 5248 | OWE 33(1)(a) |
| Australia–Indonesia maritime delimitation negotiations | Submission 5261 | OWE 33(1)(a) |
| Fiji – second coup | Memorandum 5295 | OWE 33(1)(a) |
| Bombing of the Turkish Consulate-General in Melbourne on 23 November 1986 | Memorandum 5325 | OWE 33(1)(a) |
Security and intelligence
| Topic and title | Document | Reason for exemption from public access under the Archives Act |
|---|---|---|
| Royal Commission on Australia's Security and Intelligence Agencies – Report on the Australian Secret Intelligence Service (ASIS) [portion of title exempt] | Submission 3621 | OWE 33(1)(a) |
| Reference copy of – Office of Security and Intelligence Co-ordination information paper and 1986 indicative work program for the Security Committee | Memorandum 3632 | OWE 33(1)(a) |
| Office of Security and Intelligence Co-ordination information paper and indicative work program for the Security Committee for the period July–Dec 1986 | Memorandum 4025 | OWE 33(1)(a) |
| Australian Communications and Electronic Security Instructions – authority for promulgation and the auditing of their implementation | Memorandum 4028 | OWE 33(1)(a) |
| Australian Intelligence Community standard for background/security checking | Memorandum 4290 | OWE 33(1)(a) |
| Proceedings to prevent publication of books about intelligence and security matters | Memorandum 4433 | CLOSED 33(1)(a) |
| Australian intervention by affidavit in UK Attorney-General v Heinemann and Peter Wright | Memorandum 4456 | CLOSED 33(1)(a) |
| Secretaries Committee on Intelligence and Security report to ministers on the activities of the intelligence and security agencies in 1985–1986 | Memorandum 4962 | CLOSED 33(1)(a) |
| Royal Commission on Australia's Security and Intelligence Agencies – ASIS liaison with its [portion of title exempt] counterpart agency | Submission 5037 | OWE 33(1)(a) |
| Secretaries Committee on Intelligence and Security report to ministers on the activities of the intelligence and security agencies in 1986–1987 | Memorandum 5353 | CLOSED 33(1)(a) |
| Study of intelligence [portion of title exempt] on the fall of President Marcos | Decision 7268/SEC | OWE 33(1)(a) |
Territories
| Topic and title | Document | Reason for exemption from public access under the Archives Act |
|---|---|---|
| Union of Soviet Socialist Republics (USSR) proposal for fisheries research in waters adjacent to Heard and McDonald islands | Submission 4306 | OWE 33(1)(a) |
| Replacement Antarctic research vessel | Submission 4524 | OWE 33(1)(a) |
| Australian objectives in Antarctic minerals negotiations | Submission 4757 | OWE 33(1)(a) |
| Savings paper – Arts, Sport, the Environment, Tourism and Territories – Antarctic bases | Memorandum 5023 | OWE 33(1)(a) |
| Department of the Arts, Sport, the Environment, Tourism and Territories – Budget 1987–1988 – new policy proposal – Antarctic rebuilding program – further information | Submission 5211 | OWE 33(1)(a) |
| Replacement Antarctic vessel | Submission 5459 | OWE 33(1)(a) |
Trade
| Topic and title | Document | Reason for exemption from public access under the Archives Act |
|---|---|---|
| Chemical weapons precursors export controls | Submission 4465 | OWE 33(1)(a) |
Wholly exempt
| Topic and title | Document | Reason for exemption from public access under the Archives Act |
|---|---|---|
| [Title exempt] | Memorandum 4947 | CLOSED 33(1)(a) |
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