A document is 'in the possession of a Minister' for the purposes of s 5(1) of the FOI Act only if it is in the actual or constructive possession of the Minister in his or her capacity as Minister. The phrase 'relates to the affairs of an agency' in the second limb encompasses documents bearing a direct or indirect relationship to the business and activities of an agency, the agency's area of governmental responsibility, or arrangements between agencies and external entities including ministerial advisers. Documents of ministerial advisers employed in the Office of the Premier may constitute official documents of a Minister where the Minister has constructive possession by virtue of the employment relationship and the documents relate to the affairs of an agency.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.