Introduction to Administrative Law
Assessment No 3: Advice Memo
This assessment task focuses on material covered in Module 5 (Access to Information) and you
will need to apply concepts taught throughout the course.
Your task:
• To start your research, locate the:
o Freedom of Information Act 1982 (Cth) (FOI Act)
o FOI Guidelines published by the Office of the Australian Information
Commissioner (OAIC).
• Read the scenario below and in response write a memo of advice answering the
questions provided below.
• Refer to policy and cases to support your arguments.
• Upload your assessment before it is due, with a completed Griffith University
Assessment Cover Sheet.
Focus on structuring your arguments in a logical, concise manner. While there is no strict word
limit for this task, your memo should be no more than approximately eight (8) pages. You should
use the legal writing style taught in this program.
To demonstrate academic integrity, include a bibliography citing any sources you have used
(other than course materials and sources you have clearly referenced in your memo).
Scenario:
You work as a Regulatory Affairs Specialist for a technology company, Galaxi Pty Ltd (Galaxi).
Galaxi proposed to develop a mobile application (app) that would allow farmers to access
satellite data, and input records and images to be stored by location. These inputs would
provide rich data for research. The app would aid farmers in improving their pasture
management practices, in turn improving the efficiency of Australia’s agricultural industries and
protecting the environment.

Such data and outcomes would be valuable to governments, so Galaxi has attempted to gain
government assistance in several ways. These attempts have so far been unsuccessful and to
be competitive, Galaxi must launch a version of the app at AgCatalyst within two years.
On Monday morning, Galaxi senior management met to discuss Galaxi’s next steps towards
building the app. Your CEO is seeking answers to questions raised in that meeting about
obtaining information from government bodies Galaxi approached. Galaxi’s internal legal
counsel, Val Win, has asked you to prepare an advice memo and send it to her for approval.
From reading the meeting minutes you understand senior management wants to:
• access specific documents senior management heard discussed
• learn what Galaxi could do differently to be more successful when approaching
government bodies for assistance or to collaborate.
In your memo to counsel, you need to answer the following questions from senior management:
1. Is Galaxi generally entitled to receive reasons for any decision by a government body
not to assist Galaxi with the development of this app?
2. Is it a good idea to simply make FOI requests to each government body Galaxi dealt
with, asking for all the documents that mention the name “Galaxi”?
3. How successful is Galaxi likely to be in obtaining the following documents:
a. Minutes of a meeting, held in February this year, in which the Digital Agriculture
branch of the Commonwealth Scientific and Industrial Research Organisation
(CSIRO) debated a proposed strategic agreement with Galaxi. The meeting was
held in response to Galaxi’s proposal to convert the Pastures from Space
website (pasturesfromspace.csiro.au/) to a mobile app with additional features.
The discussion centred on how Galaxi’s plans to monetise the app would alter
the current subscription model for the Pastures from Space website and
potentially reduce the commercial viability of the CSRIO’s venture.
b. Australian Government Department of Industry, Innovation and Science (DIIS)
internal emails, sent in April this year between General Counsel in the Legal
Division and an Officer in the Accelerating Commercialisation Division. The
Officer raised concerns about how Galaxi’s Expression of Interest (EOI) for an
Accelerating Commercialisation Grant highlighted a flaw in the assessment
criteria for the grant – the term “novel” was not defined. Counsel responded to

the Officer’s questions about any potential legal implications of that flaw.
Ultimately, DISS decided Galaxi would not receive a grant because its EOI did
not describe a “sufficiently novel product, process or service”.
c. A Grains Research and Development Corporation (GRDC) internal report,
prepared in March this year by the Research and Development Group. The
report evaluates the strength of Galaxi’s proposal to develop the app to
complement, and integrate data with, the GRDC’s Online Farm Trials (OFT)
database (farmtrials.com.au). It includes feedback from grower groups who are
project partners, as well as OFT contributors (researchers and research
organisations), about the tension between GRDC’s commitments to offer the
OFT for free and Galaxi’s plans to monetise the app after receiving financial
contributions from GRDC towards developing it. (The report includes details from
partners and contributors about the commercial value of proprietary information
they provide to the OFT at no cost.) The report concludes with a
recommendation to the Managing Director of the Group that GRDC should not
invest in Galaxi’s proposed app.
4. What is involved in making an FOI application, i.e. the practical steps?
5. Is it worthwhile to make an FOI application to each of these government bodies to obtain
the documents (listed in question 3)?