FOI Reference: LEX 11828
File Reference: 24/41272
December 2024
Oliver Smith
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Oliver Smith
RE: Freedom of Information Request -
Notice of intention to refuse request
I refer to your request received by the Department of Foreign Affairs and Trade (the
department) on 28 November 2024 for access under the
Freedom of Information Act 1982
(the FOI Act) to:
documents created since 1 July 2024 in relation to the cost of Australia Day events at
Australian Government embassies, high commissions, consulates, multilateral
missions and representative offices held centrally by DFAT within Australia’
I am writing to inform you that processing you request, as currently worded,
would
substantially and unreasonably divert resources of the agency from its other operations.
However, you are welcome to revise the scope of your request in line with section
24AB(2)(e) of the FOI Act, so that it might be processed.
Sections of the FOI Act referred to in this notice are accessible at www.legislation.gov.au.
Notice of intended practical refusal
In accordance with section 24AB(2) of the FOI Act, I am providing you notice of my intention
to refuse to grant access to the documents captured by your request.
The reason for the proposed practical refusal is that the work involved in processing the
request as it currently stands
would substantially and unreasonably divert the department's
resources from its other operations.
As you were advised during our informal consultation on 29 November 2024, your scope, at
the time, would require document searches to be tasked to every Post in our overseas
network to locate documents, as expenditure of this nature is typically managed locally by
our embassies and high commissions and not through a central unit in Canberra.
On 3 December 2024, you narrowed the scope of your request to include only documents
which are central y held by DFAT within Australia. Although this narrows the amount of
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search tasking to be undertaken, we would stil be required to task document searches to
every country desk in Canberra who are the Canberra-based team for over 125 Embassies
and High Commissions around the world to see if they held any documents. This is because
expenditure of the kind you are requesting is not held centrally or managed centrally in
Canberra.
For these reasons, I am of the view that processing your request in its current form
would
substantially and unreasonably divert the resources of the agency from its other operations
and therefore a practical refusal reason exists within the meaning of section 24AA(1) of the
FOI Act.
Consultation to revise the scope of the request
Pursuant to section 24AB(2)(e) of the FOI Act, you have 14 days from the day you are given
this notice to:
a. withdraw your request,
b. revise the scope of your request, or
c. inform the department that you do not wish to revise your request.
I invite you to contact me (via xxx@xxxx.xxx.xx) should you wish to revise the request in
order that it may be processed. I am happy to take any reasonable steps to provide you, as
far as is reasonably practicable, with any information to assist you in doing so.
In your consideration of a revised scope, you may wish to consider limiting your request to a
specific Post or geographic region.
Please note that under section 24AB(7) of the FOI Act, if you do not
consult the contact
person during the consultation period, make a revised request or indicate that you do / do
not wish to revise the scope of your request, your request will be considered to have been
withdrawn.
Please also be aware that during this period of consultation, the statutory timeframe under
section 15(5) of the FOI Act for the processing of your request is on hold (see section
24AB(8) of the FOI Act for details).
Contact
Should you have any queries regarding this decision please contact the Freedom of
Information Section by email: xxx@xxxx.xxx.xx.
Yours sincerely
Brooke King
Brooke King
Director
Freedom of Information Section