Request for draft Cabinet Paper—earlier draft released by error—no reason to withhold
The requester sought from the Minister for Biosecurity a copy of all information on a particular topic. One draft Cabinet paper discussing the implementation of a certain legislative process was withheld. At the time of the request a final paper had not been placed before Cabinet for discussion. The Minister relied upon sections 9(2)(f)(iv) and/or 9(2)(g)(i) of the OIA to withhold the draft paper.
In many instances, where a Cabinet paper has not been finalised or not discussed by Cabinet, grounds to withhold preliminary drafts may exist pursuant to the aforementioned sections. However, in this instance an earlier draft paper had been released to the requester by error.
A comparison of the released draft paper and actual draft paper revealed few differences. The only substantial distinction was that in the draft paper at issue, the proposed recommendations of officials were expressed in slightly more direct language. However, the underlying advice was the same.
The view formed was that no prejudice would result from making available the draft paper, in that any prejudice that might have arisen had already occurred by virtue of the release of the earlier draft. Accordingly, good reason did not exist for withholding the information. The Minister decided to release the document in question.
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