In a recent decision by the Australian Information Commissioner, documents relating to the Prime Minister's Taylor Swift tickets did not qualify as official documents under the Freedom of Information Act 1982 (Cth).
The Prime Minister, Anthony Albanese's love of music is well known and has on occasion, made its way into official business, with him selecting Midnight Oil, Spiderbait and Powderfinger on vinyl as gifts to the New Zealand Prime Minister Jacinda Ardern on her 2022 visit to Australia. Taylor Swift references have also featured in speeches in Commonwealth Parliament, with former Prime Minister Scott Morrison referencing Taylor Swift 12 times in his farewell speech. So perhaps it is not entirely surprising that documents relating to the current Prime Minister's attendance at a Taylor Swift concert on her record-breaking Eras Tour were the subject of a freedom of information request.
The Information Commissioner's decision in 'AVH' and Prime Minister of Australia [2025] AICmr 72 (16 April 2025) concerned an applicant's request for documents relating to the Prime Minister's attendance at a Taylor Swift concert in February 2024. The applicant submitted that the gift of tickets:
- was disclosed on his official parliamentary register of interests
- the Prime Minister's website mentioned Taylor Swift at least 19 times mostly relating to his appearance at the concert
- was in the public interest to know if staff in his office were involved in correspondence or scheduling relating to the event.
The right to obtain access to a document under section 11 of the FOI Act relates to "a document of an agency" or "an official document of a Minister" other than an exempt document. The Information Commissioner held that the requested documents were not "official documents of a Minister" for the purposes of section 11 of the FOI Act and, therefore, were outside the scope of the FOI Act.
In Joel Fitzgibbon and Prime Minister of Australia [2016] AICmr 85, the Information Commissioner confirmed that "not all documents held in the Prime Minister's office will be considered as 'official documents of a Minister', and therefore subject to the FOI Act". Documents which may not relate to the affairs of an agency include personal documents and party-political documents. Referring to the Fitzgibbon case, the Information Commissioner found that although some ministerial staff were tasked with supporting the Prime Minister's attendance at the concert, and the Prime Minister effectively attended the concert in his capacity as Prime Minister, it did not follow that the documents related to the affairs of an agency or of a Department of State.
The Information Commissioner accepted that documents related to the Prime Minister's attendance at a Taylor Swift concert bore no connection with his portfolio responsibilities. The documents were also not related to the business, activities or policy responsibilities of the Department of Prime Minister and Cabinet or any other agencies. No department or agency was involved in arranging or planning his attendance or providing briefing relating to the concert.
Takeaways
Not all documents relating to a Minister's attendance at an event in their capacity as Minister will be considered "official documents of a Minister". In relation to the request for documents relating to the tickets, the Prime Minister was therefore effectively allowed to 'shake it off'.
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