Prime minister?s department breached FOI laws over release of Brittany Higgins documents

In April this year, two months after Higgins spoke out publicly about her alleged attack in March 2019, the department of prime minister and cabinet received a targeted FOI request for documents relating to its handling of the case.

The FOI captured just 20 relevant documents.

It also ran its decision past the prime minister’s office, something departments are not legally obliged to do.

The department was granted the extensions, allowing it until 4 June 2021, but still failed to meet the legally-imposed deadline. That prompted a complaint to the Office of the Australian Information Commissioner (OAIC).

The OAIC’s yet-to-be-released investigation report, seen by Guardian Australia, found the department had breached FOI law.

A decision was eventually made in July 2021.

They included a benign all-staff email from secretary Phil Gaetjens urging his employees to seek support if they needed it, and a copy of a public statement made by Higgins about her alleged rape, which was forwarded to the assistant secretary Peter Rush without any additional comment.

The rest of the documents were blocked on a range of grounds, including because they contained information that could harm personal privacy, disclose a deliberative matter, or compromise the efficient and proper conduct of some operations of the department.

It is the second time the department has been ruled to have broken the FOI law in this way in as many years.

Last year, the OAIC criticised the department for inexplicably delaying a freedom of information request about allegations the former public service commissioner improperly aided the rightwing Institute of Public Affairs.

Guardian Australia asked the department whether the recommendations had been implemented. It refused to address the question.