Clause 1(1)(a) applies to a document that has been specifically prepared for submission to Cabinet whether or not it has been submitted. In addition, preliminary drafts of, copies of, or extracts from those documents can be exempted under clause 1(1)(b) and 1(1)(c).

Clause 1(1)(f) may be claimed where a document is a briefing paper specifically prepared for the use of a Minister in relation to a matter submitted or proposed to be submitted to Cabinet.

Whether or not a document has been prepared for submission to Cabinet will depend on the circumstances surrounding the creation of the document, which includes the reasons the document was created. The most common identifier for such documents is the use of ‘Official Sensitive: SA Cabinet’ in the header/footer.

Importantly, if a document was created for some other purpose and then later used to assist in preparing a submission to Cabinet, the clause 1(1)(a)-(c) will not apply.

With these types of ‘pre-decisional’ documents, the content of the document is irrelevant.  If the document fits one of the above elements of clause 1, the whole document is exempt.

Clause 1(1)(e) applies to information that, if disclosed, would reveal the deliberations or decisions of Cabinet. If satisfied, clause 1(1)(e) cannot be used to exempt the entire document, only the information which would reveal Cabinet deliberations or decisions.

A deliberation of Cabinet refers to the thinking processes that reflect the substance of material debated in Cabinet or the weighing up of alternatives in order for a decision to be reached.

The document itself may never have been prepared for submission to Cabinet and may have been created before or after Cabinet has considered the matter. Such documents would include:

• Cabinet Notes,
• Cabinet note books,
• minutes of meetings or decisions of Cabinet or a Cabinet committee,
• documents in which the deliberations or decisions of Cabinet are discussed or mentioned, and
• briefings to the Minister which are used to inform Cabinet deliberations.

The decision or deliberation of Cabinet does not need to be quoted verbatim for this exemption to apply. It may be enough to apply it if the document contains the substance of a Cabinet decision.

However, clause 1(1)(e) will not be evoked if a document merely contains the same subject matter Cabinet has deliberated or made a decision on.  It must reveal how the subject matter was treated (discussed or deliberated on) by Cabinet.  For example, a document may reveal that Cabinet was to discuss some recent flooding that occurred (the subject matter) but not how Cabinet planned to respond to the incident, e.g. the provision of emergency funding to landowners (revealing its treatment of the subject matter).

Clause 1(2)(a) provides that a document is not exempt under clause 1 if it merely consists of factual or statistical material that:

• does not disclose any deliberation or decision of Cabinet or
• relate directly to a contract or other commercial negotiations.

For example, a list of postcodes is factual.  However, it is no longer merely factual if the list showed they related to the review of electoral boundaries.

Clause 1(2)(ab) excludes a document that was created for some other purpose and attached to a Cabinet submission since that document cannot be said to have been specifically prepared for Cabinet. Clause 1(2)(ab) does not apply when the attachment is exempt in its own right.

Clause 1(2)(b) excludes a document if 20 years has passed since the end of the calendar year in which the document came into existence.  Clause 1 can no longer be applied to such documents and only the remaining (18) exemption clauses can be considered.

Members of the public may request access to Cabinet documents between 10 and 20 years old through the FOI process under the DPC Circular 31: Disclosure of Cabinet Documents 10 Years or Older (external site) (PDF).

Such requests are processed by DPC.  If an agency receives an FOI application that falls under this policy, the agency should transfer the application to DPC.  For more information regarding FOI transfers, see the State Records transferring FOI applications webpage.

The policy outlines the Cabinet document exemption cannot be claimed for a document where ten years have passed since the end of the calendar year in which the document came into existence. All other exemptions and requirements under the FOI Act continue to apply to Cabinet documents where appropriate.

The policy does not apply to documents of Executive Council.

Access to Cabinet documents older than 20 years can be sought through a regular FOI request if not already open through the archives.

Clause 1(2a) of the Cabinet documents exemption allows the responsible Minister to certify that Cabinet approves a document (that has been submitted to Cabinet) as a document to which access may be given under the FOI Act.

Please contact the Cabinet Office within DPC for more information about the certification process.