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 12 Section 15(1) of the FOI Act relevantly provides:

13 The word "agency" means (relevantly) a Department, and so includes the Attorney-General's Department.

14 The requirements for a request are prescribed in s 15(2). They include a requirement that the request provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or Minister, to identify it: FOI Act, s 15(2)(b).

15 Section 11 is entitled "Right of access". It provides:

16 A document is a "document of an agency" if it is in the possession of the agency, whether created in the agency or received in the agency: FOI Act, s 4.

17 The phrase "official document of a Minister" assumes importance on this appeal. It is defined in s 4 to mean:

18 As can be seen, the phrases "document of an agency" and "official document of a Minister" are mutually exclusive: a document may fall within one of the definitions, but not both. Where a request is made to an agency it may be transferred in whole or in part to a Minister in circumstances prescribed in s 16 of the FOI Act. Patrick v Attorney-General (Cth) [2024] FCA 268