Mr Squiggle
By Ema
il: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Reference: LEX 1320
Dear Applicant
Freedom of Information request
1. I am writing about your request dated
4 January 2025 for access to documents under
the
Freedom of Information Act 1982 (FOI Act) held by the Australian Public Service
Commission (Commission).
2. I am an authorised officer under subsection 23(1) of the FOI Act to make decisions in
relation to Freedom of Information (FOI) requests.
Request Consultation Notice
3. I am writing to advise that your FOI request in its current form does not provide
information that is reasonably necessary to enable the Commission to identify
documents that are requested. This circumstance is called a ‘practical refusal reason’
under section 24AA of the FOI Act.
4. On this basis, I intend to refuse access to the documents you requested. However,
before I make a final decision to do this, you have an opportunity to revise your
request. This is called a ‘request consultation processes’ as set out under section 24AB
of the FOI Act.
5. You have
14 days to respond to this notice in one of the ways set out below.
Why I intend to refuse your request
6. You requested access to documents in the following terms:
‘1. Any documents that provides evidence the APS and/or its individual agencies have, as a
matter of fact, "integrity" and a "good reputation".
2. Any documents that identifies the decision maker who made the assessment the APS and/or
its individual agencies have "integrity" and a "good reputation".
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2. Any documents that detail the reasoning as to why this part of the Code of Conduct was
previously updated, changing "reputation" to "good reputation".’
7. Under paragraph 24AA(1)(b), a practical refusal reason exists in relation to a request
if the request does not satisfy the requirement in paragraph 15(2)(b) of the FOI Act.
8. I have taken into account all of the above matters in forming my preliminary decision
to refuse your request. I have not taken into account:
• any reasons that you have given for requesting access; or
• the Commission’s belief as to what your reasons are for requesting access.
9. My reasons are set out below.
Reasons
10. Under paragraph 15(2)(b) of the FOI Act, a FOI request must provide such information
that is reasonably necessary to enable a reasonable officer of the agency or minister to
identify the document that is being requested. Currently, your FOI request does not
provide sufficient information to allow the Commission to conduct the relevant
searches to locate the documents being requested.
11. The Commission is unable to interpret the points of your request as it is too broad. For
the Commission to discharge its duty under the FOI Act to conduct ‘reasonable
searches’, it needs to be able to identify the information you are seeking.
12. On 14 January 2025, the Commission wrote to you:
• requesting, for the first two points of your request, that you please clarify or
narrow the scope of the type of documents you are requesting, for example, by
specifying the types of documents sought by 17 January 2025; and
• advising, on the third point of your request, that due to the time which has
passed since the enactment of the
Public Service Act 1999, these historical
documents would be available at the National Archives of Australia and is
likely to be the most expeditious way to obtain these documents, noting that
searching the Commission’s records may be a substantial and unreasonable
diversion of resources.
13. To date, the Commission has not had a response to the 14 January email and, without
further clarification, the Commission is unable to process this request.
14. On this basis, I am satisfied that a practical refusal reason exists for the purposes of
paragraph 24AA(1)(b).
Request consultation process
15. You now have an opportunity to revise your request to enable it to proceed.
16. Clarifying your request can mean narrowing its scope to make it more specific or
explaining in more detail the documents, rather than the information you wish to
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access. For example, by adding a reasonable date range and outlining the type of
documents you are requesting for each point. By providing more specific information
about exactly what documents you are interested in, the Commission will be able to
locate the relevant documents (if they exist).
17. Before the end of the consultation period, you must do one of the following, in writing:
• withdraw your request;
• make a revised request; or
• tell us that you do not wish to revise your request.
18. The consultation period runs for
14 days and starts on the day after you receive this
notice.
19. During this period, you are welcome to seek assistance from the Commission to revise
your request. If you revise your request in a way that adequately addresses the practical
refusal grounds outlined above, we will recommence processing it. Please note that
under subsection 24AB(8) of the FOI Act the time taken to consult you regarding the
scope of your request is disregarded for the purposes of the 30 day time limit for
processing your request.
20. If you do not do one of the three things listed above during the consultation period or
you do not consult the Commission during this period, your request will be taken to
have been withdrawn.
Contacts
21. If you require clarification on matters in this letter please contact the Commission’s
FOI Officer by email a
t xxx@xxxx.xxx.xx.
Yours sincerely
Sue Mahony
Authorised FOI decision maker
23 January 2025
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