Premier Daniel Andrews’ Secret MOU

On the 24 March 2017 Daniel Andrews (Premier of Victoria) signed a secret MOU between the NDRC (Peoples Republic of China) and the State Government of Victoria. This MOU was signed in Sydney NSW and not in the State of Victoria.

The Australian media (Sun Herald) reported on 21 September 2021 this MOU (which was recently released 20 September 2021) was the result of a parliamentary decision. However the reason for why Ms Jaclyn Symes MP (Attorney General) on 17/06/2021 revised her initial decision made on 08/06/201 not to release the MOU to the public does not support the claim of parliamentary pressure. Ms Symes simply states:

Having now considered further advice in relation to these documents, I consider that it is now appropriate for the memorandum of understanding to be released to the Council.

https://www.parliament.vic.gov.au/file_uploads/Attorney-General_letter_-_Order_for_documents_-_MOU_with_NDRC__L7BBcVH9.pdf
https://www.parliament.vic.gov.au/file_uploads/AG_letter_170921_yjcXh00g.pdf

I suggest to you her decision to release the secret MOU documents was based on a FOI request made by a private citizen and was unrelated to any pressure from the legislative assembly, which has proven by passed actions to be controlled by the Andrews government.

The FOI request which was originally made on 31 July 2020 and modified 8 October 2020 sought the following:

1. Memorandum of Understanding on Cooperation in the Development and Implementation of Public-Private Partnerships in Infrastructure fields. This MOU was signed between the Victorian Government and National Development and Reform Commission of the People’s Republic of China.

• Date foreign arrangement entered: 24 March, 2017

On 11 May 2021 the Victorian Department of Premier and Cabinet (DPC) decision rejected the FOI.

On 16 Mary 2021 a review of this decision was submitted to the Office of Victorian Information Commissioner OVIC) on the following basis:

For the purpose of protecting the Commonwealth of Australia by wishing to understand the actions of the Premier of Victoria who by signing the secret MOU with a mercurial foreign power may have contravened the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018, No.67, 2018.

The Act under section 92.2 states: Interference generally (1) A person commits an offence if:
(a) the person engages in conduct; and
(b) any of the following circumstances exists:

(i) the person engages in the conduct on behalf of, or in collaboration with, a foreign principal or a person acting on behalf of a foreign principal;
(ii) the conduct is directed, funded or supervised by a foreign principal or a person acting on behalf of a foreign principal; and (c) the person intends that the conduct will:
(i) influence a political or governmental process of the Commonwealth or a State or Territory; or (ii) influence the exercise (whether or not in Australia) of an Australian democratic or political right or duty; or
(iii) support intelligence activities of a foreign principal; or
(iv) prejudice Australia’s national security; and (d) any part of the conduct:
(i) is covert or involves deception;

19 August 2021 OVIC upheld the this review and ordered the release of the MOU document in full.

3 September 2021 email request sent to DPC requesting the release of the MOU under OVIC’s orders. The DPC replied stating:

As OVIC’s decision involved the disclosure of certain personal affairs information, this decision does not come into effect until 60 days from the date of the decision (s.49P(4)(a) FOI Act).

5 September 2021 the following response was sent the DPC:

I believe, the decision by Sven Bluemmel (Information Commissioner) does not support your understanding the Office of Premier and Cabinet has 60 days from the date of the decision to provide the document.

The Commissioner states:

22. The document is therefore not  exempt under section 33 (1)

and

23. On the information available, I am not satisfied section29(1) or 33(1) applies to the document.

I have therefore decided to grant access to the document in full.

I request therefore you release the document immediately and without further delay.

Further to this, I remind the Office of Premier and Cabinet of their obligations to National Security Legislation, specifically the Espionage and Foreign Interference Act 2018, No. 67, 2018 – Subdivision B – Foreign Interference 92.2. and 92.3.

17 September 2021 Ms Jaclyn Symes MP (Attorney General) writes to the Legislative Council confirming her decision to release the MOU.

20 September 2021 The MOU is tabled in the Victorian Parliament.

https://www.parliament.vic.gov.au/file_uploads/1._Memorandum_of_Understanding_-_Public_Private_Partnerships_-_March_2017_kxZjzH8J.pdf