Bob Buckley
Via email to:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Buckley,
Freedom of Information Request 51700 – Decision on access
I refer to the
Freedom of Information Act 1982 (
FOI Act) request made to the Department of Social
Services (
Department) on 16 September 2024. The request, which has since been revised by agreement,
sought access to:
…all information held by your department relating to:
a. concerns about or issues raised relating to individual advocacy services for Autistic Australians, b.
demand and delivery of individual advocacy service for Autistic Australians through government
policy and programs including (but not limited to) the National Disability Advocacy Program, and c.
costs, benefits and reported outcomes due to individual advocacy service for Autistic Australians.
On 23 September 2024, you were provided with a notice of the Department’s intention to refuse your
request on practical refusal grounds, that processing your request would unreasonably and substantial y
divert the resources of the Department from its other operations.
As explained in this notice, in accordance with subsection 24AB(6) of the FOI Act, you were required to
do one of the fol owing by written notice to the Department before 11:59pm on 7 October 2024:
a) withdraw the request;
b) make a revised request; or
c) indicate that you do not wish to revise the request.
The Department engaged with you over various days following the issuing of the notice in efforts of
assisting you in narrowing the scope of your request, including by advising which terms and phrases to
avoid which may inadvertently broaden your request and requesting further specification.
On 30 September 2024, by way of agreement, the scope of your request was revised to:
all documents created, held, sent or received by SES level staff since 1 July 2020 that relate to
policy development, program implementation, and general attitudes for disability advocacy for
individual Autistic Australians.
Decision
I have decided to refuse your request under section 24(1) of the FOI Act on practical refusal grounds,
specifically that the processing of your request would unreasonably and substantial y divert the resources
of the department from its other operations.
The reasons for my decision are set out in the Statement of Reasons at
Attachment A.
GPO Box 9820 Canberra ACT 2601
Email Facsimile Telephone 1300 653 227
National Relay Service: TTY: 133 677, Speak and listen: 1300 555 727, Internet relay: www.relayservice.com.au
www.dss.gov.au
Review rights and complaints
Information concerning how you may seek a review of this decision or make a complaint about the
handling of this request is at
Attachment B.
Contact
If you would like to discuss any aspect of my decision, please contact me
at xxx@xxx.xxx.xx.
Yours sincerely
Sarah B
Authorised FOI Decision Maker
18 October 2024
Attachments
A - Statement of Reasons
B - Review rights
2
ATTACHMENT A
STATEMENT OF REASONS
Material on which the decision is based
1. I relied on the following material in coming to this decision:
• the terms of the FOI request;
• the documents subject to the FOI request;
• the FOI Act;
• correspondence with yourself through the course of the request consultation process; and
• the Guidelines issued by the Office of the Australian Information Commissioner under section
93A of the FOI Act (
FOI Guidelines).
Section 24 – Diversion of resources
2. Under subsection 24(1) of the FOI Act, if an agency is satisfied that a practical refusal reason exists in
relation to a request, it must undertake a request consultation process in accordance with section
24AB of the FOI Act. If after the request consultation process the agency is satisfied that the practical
refusal reason still exists, it may refuse the request.
3. I am satisfied that a request consultation process has been undertaken by the Department in
accordance with section 24AB of the FOI Act. On 23 September 2024, you were issued with a notice
of intention to refuse the request, advising the scope of the request would likely capture an excess
of a thousand documents. Further, if an officer of the Department were to process your request, it
would take a significant amount of time to retrieve the documents, review the documents to ensure
that they capture the information in which you have sought, assess each for sensitivities and mark
them up with redactions accordingly. Accordingly, the processing of your request would
unreasonably and substantially divert the resources of the Department from its other operations.
4. The notice also provided advice as to how you could refine the scope of the request to ensure that
the practical refusal reason no longer applied, consistent with the Department’s obligations under
section 24(3) of the FOI Act.
5. I note that during the request consultation process you engaged in correspondence by way of
multiple emails with Departmental FOI officers on ways you could revise and narrow the scope of
your request, during which you were informed that your request could be narrowed by removing
certain words and phrases from your request that likely capture a significant volume of material. I
am satisfied that the Department has taken reasonable steps to assist you to revise the scope of your
request.
6. The revised scope does not remove the practical refusal reasons as “
all documents created, held, sent
and received” captures a significant volume of documents, nor does this scope reduce the relevant
documents to a manageable amount. Furthermore, the term “
that relate to ” broadens the scope of
your request further, and does not assist us in identifying specific documents which you may be
seeking. In order to process this request, the Department would be required to undertake significant
searches and review each document for relevancy to your request. I am satisfied that a practical
refusal reason still exists following the request consultation process.
7. Accordingly, I am satisfied that a practical refusal reason remains in relation to your request and I
have decided to refuse your request under section 24(1) of the FOI Act.
3
ATTACHMENT B
INFORMATION ON REVIEW RIGHTS
You may seek review of this decision via:
(a) an internal review; or
(b) the Australian Information Commissioner (
Information Commissioner).
Internal review
If you apply for internal review, a fresh decision will be made by a different decision-maker within the
Department. An application for internal review must be:
(a) made in writing;
(b) made within 30 days of receiving this letter; and
(c) sent t
o xxx@xxx.xxx.xx.
The application should also include the reasons why you think this decision should be reviewed.
If the internal review decision results in you not being provided access to all of the documents to which
you have requested access, you have the right to seek a further review by the Information
Commissioner.
Information Commissioner review
You can apply for the Information Commissioner to review this decision either immediately or following
an internal review decision. You must apply to the Information Commissioner within 60 days of the
receipt of this decision letter.
Further details on this process can be found on the Information Commissioner’s website at
https://www.oaic.gov.au/.
COMPLAINTS TO THE INFORMATION COMMISSIONER
You may also make a complaint to the Information Commissioner concerning actions taken by the
Department while exercising its powers or performing its functions under the FOI Act.
Further details on this process can be found on the Information Commissioner’s website at
https://www.oaic.gov.au/.
4