Schedule of Documents released under FOI by Qld Dept of Equity and Fair Trading

15 April 1999:

Meeting of Standing Committee of Attorneys General-Censorship in Darwin
Agenda Papers

3053: "Item 8 Publications Guidelines Review".

Summary page (apparently prepared in Qld for Qld Minister).

3054-3060: Agenda "Item 8 Publications Guidelines Review".

Briefing paper provided to Censorship Ministers' Meeting (apparently prepared by OFLC officers) containing details of guidelines review process and recommendations of "officers" to Censorship Ministers.
[Originally the subject of third party objection].

3061-3062: Attachment A - Cover Sheet & Description of Guidelines review model procedures.

3063-3100: Attachment B - Draft Revised Publications Guidelines and associated Documents A, B, C, D (issued for public comment in April 1998).

3101-3186: Attachment C - OFLC Report/Analysis of the Public Submissions to the Publications Guidelines Review, February 1999.

[Originally the subject of third party objection].

The entire OFLC analysis consists of 85 pages, much of which is somewhat repetitive. Portions available online are the Table of Contents (3102-3104) and the OFLC Summary of Findings (3112-3125).

3187: Attachment G - Cover Page

3188: Attachment G - Draft Amendments of the Commonwealth Classification... Act.

Proposal to empower Classification Board to classify a publication Unrestricted or Category 1 Restricted on the condition that it not be sold etc unless contained in, respectively, a sealed wrapper or a sealed package of plain opaque material.

3189: Attachment D - Cover Page - Letter from Professor Peter Sheehan, Vice Chancellor, Australian Catholic University and attached recommendations from discussions 12 February 1999. Includes:

• 3200-3208: P. Sheehan's letter of 29 January 1999 to OFLC Director advising his comments and recommendations regarding the Guidelines and the OFLC analysis of the submissions, etc.
  [Originally the subject of third party objection].
• 3190-3199: P Sheehan's letter of 19 February 1999 to OFLC Director and attached recommendations. (This letter apparently was issued following a meeting held at the OFLC on 12 February 1999).
  [Originally the subject of third party objection].

3209-3225: Attachment E - Report on Analysis of the Revised Guidelines for the Classification of Publications Draft #4 by Associate Professor Judith Bowey, School of Psychology, University of Queensland, 26 March 1999.

[Originally the subject of third party objection].

3226-3246: Attachment F - Draft Revised Publications Classification Guidelines #5 - issued to Censorship Ministers' meeting for approval on 15 April 1999.

[Originally the subject of third party objection].

3247: Handwritten notes - "Item 8 Publications Guidelines Review".

Notes changes to draft Guidelines document requested by Queensland: "Include in Preamble and in Guidelines reference to Qld's position" (i.e. reference to Qld not recognising Cat 1 and Cat 2) and "Opening para of Unrestricted in the Guidelines should be reworded. Second sentence should be altered to - It does not include material likely to offend a reasonable adult". (Changes were implemented, slightly different phrasing to that proposed.)

22-23 July 1999:
Meeting of Standing Committee of Attorneys General-Censorship in Sydney
Agenda Papers

3248-3263: Agenda Item 1 - Minutes of Meeting of the Standing Committee of Censorship Ministers on 15 April 1999 at Darwin - submitted to meeting of 22-23 July 1999.

[Originally the subject of third party objection].

Note: Some parts of the Minutes were not released by QDEFT with advice that those sections are not relevant to the FOI application (i.e. pages 3250-3255, parts of pages 3256 & 3258, pages 3260-3263). It appears from the QDEFT's letter of 23 May 2000 that the Secretary, Standing Committee of Attorneys-General - Censorship (aka the OLFC) advised such material was not relevant and the QDEFT did not dispute this. (EFA does not dispute this since the FOI application referred to publications and minutes would be likely to refer also to matters concerning films, computer games, etc).

3264: Agenda Item 4 - Publications Guidelines Review.

Summary Page (appears to have been prepared in Qld for Qld Minister for Censorship Ministers' meeting of July 1999).

[Originally the subject of third party objection].

3265-3268: Agenda Item 4 - Publications Guidelines Review.

Briefing paper provided to Censorship Ministers' meeting in July 1999 (apparently prepared by OFLC officers) containing details of review process and recommendations of "officers" to Censorship Ministers.

[Originally the subject of third party objection].

(Note: Documents 3264 and 3265-3268 above are copies of 3314 and 3315-3318 below.)

3269-3291: Attachment A - Draft Revised Publications Classification Guidelines 1999.

[Originally the subject of third party objection]

This document, provided to Censorship Ministers' meeting of July 1999 appears to be the same as that issued to the industry for comment in May 1999 (Folio 3401-3420). This copy, which appears to be the Qld Minister's copy, contains 2 extra pages with amendments apparently to be discussed at the July meeting regarding nudity on covers and definition of drugs.

3292-3297: Attachment B - Eros Foundation submission dated 7 June 1999 on draft Publications Guidelines distributed for industry comment by the OFLC in May 1999.

This followed the April 1999 Ministers' meeting at which they resolved to permit a further brief period of consultation (with the industry) on proposed changes.

3298-3304: Attachment C - South Australian Attorney-General's letter of 5 May 1999 to OFLC commenting on the draft guidelines and the OFLC's letter 8 June 1999 in reply:

• 3298-3300: SA Attorney-General's letter of 5 May 1999 to OFLC commenting on the draft guidelines.
• 3301-3304: OFLC's letter of 8 June 1999 in reply to SA Attorney-General's letter.
• 3305-3310: Fully exempt Sec 43(1) Qld FOI Act.

"Loose Documents" on Qld OFT files:

3311: Handwritten note "Papers regarding guidelines review (all given to Minister)".

3312-13: Fax cover sheet dated 15 Sep 1999 from D Cannavan to Ellen McIntyre (media contact on the Qld Minister's media release) sending 9 pages - "Notes about amended guidelines".

3314: Agenda "Item 4 Publications Guidelines Review". Summary Page

(appears to have been prepared in Qld for Qld Minister for Censorship Ministers' meeting of July 1999).

"Part exempt s.43(1)" Qld FOI Act - several lines blacked out.
(Note: Document is a copy of 3264 above)

3315-3318: Agenda "Item 4 Standing Committee of Attorneys-General Censorship - Sydney 22-23 July 1999".

Briefing paper provided to Censorship Ministers' meeting in July 1999 (apparently prepared by OFLC officers) containing details of guidelines review process and recommendations of "officers" to Censorship Ministers.

3317-3318: "Part exempt s.43(1)" Qld FOI Act - several lines blacked out..

(Note: Document is a copy of 3265-3268 above)

3319: Handwritten post it note stating: "Copies of Minutes of Ministers Meeting to be discussed by Ministers on 12.11.99. Item 4 on Page 4 refer to the debate on the guidelines".

3320-3328: Secretary's Summary of Meeting of Standing Committee of Attorneys-General Censorship, Sydney 22 July 1999 - Agenda Item 1, for confirmation, at meeting on 11-12 November 1999 in Canberra.

[Originally the subject of third party objection].
Note: Some parts of the Minutes were not released by QDEFT with advice that those sections are not relevant to the FOI application (i.e. parts of pages 3322, 3323-3325, 3327). It appears from the QDEFT's letter of 23 May 2000 that the Secretary, Standing Committee of Attorneys-General - Censorship (aka the OLFC) advised such material was not relevant and the QDEFT did not dispute this. (EFA does not dispute this since the FOI application referred to publications and the meeting summary would be likely to refer also to matters concerning films, computer games, etc).

3329-3342: "Information memo and draft [Qld] Ministerial Release - Tougher Guidelines on Pornography and Ministerial Statement Amendments to the Classification Guidelines".

This group of documents consists of the following:

• 3329: With Compliments note dated 16 Sept 1999 from D Cannavan to Allwyne Hume ("Official Solicitor"), "(Copy to Sarah Ward)". States "Information memo and draft Ministerial Release re tabling of amended guidelines for your information".
• 3330: Draft Ministerial media release 16 Sept 1999 - "Tougher Guidelines on Pornography". This draft is the same as the final media release issued on 16 September 1999.
• 3331-3332: Background paper regarding requirement to table Guidelines amendments in Qld Parliament and suggesting points Qld Minister could stress in a media release. Extract from 3331:

  "Attached is a briefing note prepared for the last Ministerial Meeting as well as the information paper prepared by the Commonwealth".

  The documents referred to as being attached appear to be 3333-3336 below.
• 3333: Draft Ministerial statement - for tabling in Qld Parliament amendments to Classification Guidelines approved by Censorship Ministers on 15 April 1999.
• 3334: Copy of 3053 (except does not have "Item 8" at top) "Publications Guidelines Review". Briefing note prepared prior to Censorship Ministers' meeting of 15 April 1999.
• 3335-3336: "Queensland's Position" listing three options for Qld censorship policy relative to changes to Publications Guidelines. This appears to be part of, or to have been attached to, the briefing note (3334) above.
  Note: No documents were received indicating the basis for the apparent decision to continue with Option 1, nor whether Option 2 and 3 were considered by the Qld Minister or Qld Government.
• 3337: Briefing note and recommendation to table amended guidelines in the Qld Legislative Assembly, from D Cannavan to Qld Minister, 9 Sept 1999.
  3338: Cover sheet attaching 3337.
  3339: Ministerial Statement tabling amendments to the Classification Guidelines - undated.
• 3340: Publications Clients - 27 May 1999. This appears to be a list of possible/anticipated attendees at the industry consultation meeting held in May 1999. (While an ACP representative is listed therein, 3341 states no ACP representative attended.)
• 3341: Document titled "Outcomes - Consultation with Industry - Sydney - 26/27 May 99". This document appears to have been prepared by a Qld representative who attended the meeting, presumably D. Cannavan.
• 3342: Copy of 3341.

OFLC hosted Industry Consultation Meeting - 26/27 May 1999

(Note: In relation to this meeting see also 3340-3341 above).

3343-3360: Memo and attachments regarding OFLC industry consultation meeting from Qld Classifications Officer-Office of Fair Trading (OFT) to Director-General OFT. Includes:

• 3343-3344: Memo dated 17 May 1999 from D Cannavan, Classifications Officer-Qld OFT, to Marg O'Donnell, Director-General OFT and attached documents regarding industry consultation meeting.
• 3345-3353: Copies of 3354-3363 below.
• The following documents refer to draft Publications Guidelines and to changes to the Commonwealth Classification Act subsequently contained in the December 1999 Bill - but do not include sections of that Bill re NVE or aggrieved persons.
• 3354-3355: Letter dated 11 May 1999 from K Paterson (Director OFLC) to State and Territory Censorship Officials inviting them to attend an industry consultation meeting in Sydney on 26/27 May 1999. Enclosures:
  • 3356-3360: Letter dated 7 May 1999 from K Paterson (OFLC Director) to OFLC clients inviting them to attend an industry consultation meeting on 26/27 May 1999 and/or to provide comments on draft revised Publications Guidelines by 1 June 1999.
  • Other enclosures to the OFLC letter of 11 May are not detailed therein, but presumably included 3361 to 3427 below.

3361-3399: Attachment A - National Classification Scheme - Possible Legislative Amendments. (These documents appear to have been issued as attachments to the OFLC's letters regarding the industry consultation meeting on 26/27 May 1999):

• 3361: Attachment A Cover Sheet
• 3362-3363: "National Classification Scheme - Possible Legislative Amendments". Explanatory document containing background and summary.
• 3364-3374: "Notes on Schedule of Proposed Amendments to Classification...Act (Commonwealth)"
• 3375-3377: "Complementary Schedule of Proposed Amendments to State and Territory Legislation" using Victorian Act as the model.
• 3378-3399: Schedule of Proposed Amendments to the Classification...Act (Commonwealth) - draft Bill

3400-3427: Attachment B - DRAFT Revised Publications Classification Guidelines 1999. (These documents appear to have been issued as attachments to the OFLC's letters regarding the industry consultation meeting on 26/27 May 1999):

• 3400: Attachment B Cover Sheet
• 3401-3420: "Draft Revised Publications Guidelines 1999" - issued to industry for comment in May 199 following Ministers' April 99 meeting.
  This version is the same as that issued to the Ministers' April 1999 meeting, except for additions to preamble stating Restricted publications are not available in Queensland. The final guidelines of 1 September 1999 appear to be the same as above, except for changes recommended by OFLC officers and approved at Ministers' July 1999 meeting regarding nudity on covers (see recommendation in 3317) and an alteration to the definition of drugs deleting reference to Schedule 8 of Regulation 4A (1A)(e) of the Customs (Prohibited Imports) Regulations (leaving reference to Schedule 4).
• 3421: "Attachment B - Interim scheme for the exemption of short films"
• 3422-3422A: "Attachment A - Guidelines for the exemption of short films"
• 3423-3425: Copies of 3421-3422A above
• 3426: OFLC notice of new contact details
• 3427: OFLC notice of upgrading IT structure

3428-3466: "Attachment A - National Classification Scheme Possible Legislative Amendments". Copy not obtained - appeared to be a copy of 3361-3399

3467-3487: "Attachment B - DRAFT Revised Publications Classification Guidelines 1999". Copy not obtained - appeared to be a copy of 3400-3420
3488-3524: Copies not obtained - Copies of Guidelines Booklets that are publicly available.