2016/17 Additional Estimates Topics
Dear Department of Foreign Affairs and Trade,
If possible, please treat this as an administrative or informal request.
Otherwise, please consider this a request under the FOI Act.
Can you please provide the topics list for briefs created in preparation for hearings of Senate 2016-17 Additional Estimates.
I ask that all fees in relation to this request be waived because the release of the documents is in the public interest. The documents help identify the most important policy areas within the department's responsibilities.
Yours faithfully,
Jackson Gothe-Snape
UNCLASSIFIED
Our ref: 1703-F1667
Dear Mr Gothe-Snape
Thank you for your below e-mail, seeking access under the Freedom of Information Act 1982 (the FOI Act) to:
Can you please provide the topics list for briefs created in preparation for hearings of Senate 2016-17 Additional Estimates.
Practical refusal reason
Notice is hereby given under section 24AB(2) of the FOI Act of an intention to refuse to grant access to the documents sought. The practical refusal reason is that the work involved in processing the request would substantially and unreasonably divert the resources of DFAT from its other operations.
In deciding that this practical refusal reason exists, I have given consideration to how DFAT could proceed to process your request, and the time and resources that would be involved in doing so. DFAT does not have a centralised repository for such briefing, which is compiled and held by each line area. Therefore, in order to process your request, we would need to seek input from every Branch within the Department. I am of the view that doing so would constitute a substantial and unreasonable diversion of DFAT’s resources within the meaning of section 24AA(1).
Consultation process
In accordance with section 24AB(2)(e), the consultation period during which you may consult with me to revise the scope of your request is 14 days after the day you are given this notice. Please note that if you do not take this opportunity to consult, in accordance with section 24AB(7)(a), your request will be taken to have been withdrawn under section 24AB(6).
I am the DFAT officer with whom you may consult if you wish to revise the request to a narrower scope such that it could in fact be processed. I may be contacted by email at: [DFAT request email] and I am happy to take any reasonable steps provide you, so far as is reasonably practicable, with any information that I can to assist you in amending your request under the FOI Act.
I note that the Hansard of DFAT’s appearance before the Foreign Affairs, Defence and Trade Legislation Committee is publicly available at: http://parlinfo.aph.gov.au/parlInfo/down...
This might assist you in narrowing your request to a particular topic of interest.
Please note 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) for details).
I have attached a copy of sections 24, 24AA and 24AB of the FOI Act for your information.
Yours sincerely
Helen Horsington
Director
Freedom of Information and Privacy Law Section
Attachment A
24 Power to refuse request—diversion of resources etc.
(1) If an agency or Minister is satisfied, when dealing with a request for a document, that a practical refusal reason exists in relation to the request (see section 24AA), the agency or Minister:
(a) must undertake a request consultation process (see section 24AB); and
(b) if, after the request consultation process, the agency or Minister is satisfied that the practical refusal reason still exists—the agency or Minister may refuse to give access to the document in accordance with the request.
(2) For the purposes of this section, the agency or Minister may treat 2 or more requests as a single request if the agency or Minister is satisfied that:
(a) the requests relate to the same document or documents; or
(b) the requests relate to documents, the subject matter of which is substantially the same.
24AA When does a practical refusal reason exist?
(1) For the purposes of section 24, a practical refusal reason exists in relation to a request for a document if either (or both) of the following applies:
(a) the work involved in processing the request:
(i) in the case of an agency—would substantially and unreasonably divert the resources of the agency from its other operations; or
(ii) in the case of a Minister—would substantially and unreasonably interfere with the performance of the Minister’s functions;
(b) the request does not satisfy the requirement in paragraph 15(2)(b) (identification of documents).
(2) Subject to subsection (3), but without limiting the matters to which the agency or Minister may have regard, in deciding whether a practical refusal reason exists, the agency or Minister must have regard to the resources that would have to be used for the following:
(a) identifying, locating or collating the documents within the filing system of the agency, or the office of the Minister;
(b) deciding whether to grant, refuse or defer access to a document to which the request relates, or to grant access to an edited copy of such a document, including resources that would have to be used for:
(i) examining the document; or
(ii) consulting with any person or body in relation to the request;
(c) making a copy, or an edited copy, of the document;
(d) notifying any interim or final decision on the request.
(3) In deciding whether a practical refusal reason exists, an agency or Minister must not have regard to:
(a) any reasons that the applicant gives for requesting access; or
(b) the agency’s or Minister’s belief as to what the applicant’s reasons are for requesting access; or
(c) any maximum amount, specified in the regulations, payable as a charge for processing a request of that kind.
24AB What is a request consultation process?
Scope
(1) This section sets out what is a request consultation process for the purposes of section 24.
Requirement to notify
(2) The agency or Minister must give the applicant a written notice stating the following:
(a) an intention to refuse access to a document in accordance with a request;
(b) the practical refusal reason;
(c) the name of an officer of the agency or member of staff of the Minister (the contact person) with whom the applicant may consult during a period;
(d) details of how the applicant may contact the contact person;
(e) that the period (the consultation period) during which the applicant may consult with the contact person is 14 days after the day the applicant is given the notice.
Assistance to revise request
(3) If the applicant contacts the contact person during the consultation period in accordance with the notice, the agency or Minister must take reasonable steps to assist the applicant to revise the request so that the practical refusal reason no longer exists.
(4) For the purposes of subsection (3), reasonable steps includes the following:
(a) giving the applicant a reasonable opportunity to consult with the contact person;
(b) providing the applicant with any information that would assist the applicant to revise the request.
Extension of consultation period
(5) The contact person may, with the applicant’s agreement, extend the consultation period by written notice to the applicant.
Outcome of request consultation process
(6) The applicant must, before the end of the consultation period, do one of the following, by written notice to the agency or Minister:
(a) withdraw the request;
(b) make a revised request;
(c) indicate that the applicant does not wish to revise the request.
(7) The request is taken to have been withdrawn under subsection (6) at the end of the consultation period if:
(a) the applicant does not consult the contact person during the consultation period in accordance with the notice; or
(b) the applicant does not do one of the things mentioned in subsection (6) before the end of the consultation period.
Consultation period to be disregarded in calculating processing period
(8) The period starting on the day an applicant is given a notice under subsection (2) and ending on the day the applicant does one of the things mentioned in paragraph (6)(b) or (c) is to be disregarded in working out the 30 day period mentioned in paragraph 15(5)(b).
Note: Paragraph 15(5)(b) requires that an agency or Minister take all reasonable steps to notify an applicant of a decision on the applicant’s request within 30 days after the request is made.
No more than one request consultation process required
(9) To avoid doubt, this section only obliges the agency or Minister to undertake a request consultation process once for any particular request.
-----Original Message-----
From: Jackson Gothe-Snape [mailto:[FOI #3304 email]]
Sent: Tuesday, 28 March 2017 6:00 PM
To: FOI <[DFAT request email]>
Subject: Freedom of Information request - 2016/17 Additional Estimates Topics
Dear Department of Foreign Affairs and Trade,
If possible, please treat this as an administrative or informal request.
Otherwise, please consider this a request under the FOI Act.
Can you please provide the topics list for briefs created in preparation for hearings of Senate 2016-17 Additional Estimates.
I ask that all fees in relation to this request be waived because the release of the documents is in the public interest. The documents help identify the most important policy areas within the department's responsibilities.
Yours faithfully,
Jackson Gothe-Snape
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #3304 email]
Is [DFAT request email] the wrong address for Freedom of Information requests to Department of Foreign Affairs and Trade? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
UNCLASSIFIED
File No: 17/9182
Our Ref: 1703-F1667
Dear Mr Gothe-Snape
As you have not responded to the Department's e-mail of 29 March advising
you that processing your request would require an unreasonable diversion
of the Department's resources, and inviting you to narrow the scope of
your request, I am now writing to you pursuant to section 24(1)(b) of the
FOI Act to notify you that the department is refusing to process your
request on the grounds that processing it would require an unreasonable
diversion of the department’s resources.
This is a reviewable decision. Information about seeking a review is set
out below.
Notice of review rights
Internal review
Under the provisions of the section 54 of the FOI Act you may apply in
writing for an internal review of this decision.
Your application for review must be made within 30 days after you receive
this decision and set out the reasons for requesting an internal review.
There is no fee for requesting a review.
The request for review should be sent by email to [1][DFAT request email]
addressed to:
FOI & Privacy Law Section
Corporate Legal Branch
Legal Division, DFAT
Australian Information Commissioner
You can also request that the Australian Information Commissioner review
this decision in accordance with section 54L of the FOI !ct. This is
called an ‘Information Commissioner review’ (IC review).
You must apply for IC review in writing and in most cases within 60 days
of being notified of this decision. There is no fee for requesting a
review.
Further information on applying for IC review (including the online review
application form) is available on the website of the Office of the
Australian Information Commissioner (OAIC) and can be accessed using the
following link:
[2]https://www.oaic.gov.au/freedom-of-infor....
You can also make a complaint to the Australian Information Commissioner
about the department’s performance of its functions or the exercise of
power under the FOI Act.
You can contact the OAIC by email to [3][email address] or call the
enquiries line on 1300 363 992.
Yours sincerely
Georgina McKay
A/g Director
Freedom of Information and Privacy Law Section Corporate Legal Branch,
Legal Division Department of Foreign Affairs and Trade
-----Original Message-----
From: FOI
Sent: Wednesday, 29 March 2017 10:35 AM
To: Jackson Gothe-Snape <[4][FOI #3304 email]>
Cc: FOI <[5][DFAT request email]>
Subject: RE: Freedom of Information request - 2016/17 Additional Estimates
Topics [SEC=UNCLASSIFIED]
UNCLASSIFIED
Our ref: 1703-F1667
Dear Mr Gothe-Snape
Thank you for your below e-mail, seeking access under the Freedom of
Information Act 1982 (the FOI Act) to:
Can you please provide the topics list for briefs created
in preparation for hearings of Senate 2016-17 Additional Estimates.
Practical refusal reason
Notice is hereby given under section 24AB(2) of the FOI Act of an
intention to refuse to grant access to the documents sought. The
practical refusal reason is that the work involved in processing the
request would substantially and unreasonably divert the resources of DFAT
from its other operations.
In deciding that this practical refusal reason exists, I have given
consideration to how DFAT could proceed to process your request, and the
time and resources that would be involved in doing so. DFAT does not have
a centralised repository for such briefing, which is compiled and held by
each line area. Therefore, in order to process your request, we would
need to seek input from every Branch within the Department. I am of the
view that doing so would constitute a substantial and unreasonable
diversion of DFAT’s resources within the meaning of section 24AA(1).
Consultation process
In accordance with section 24AB(2)(e), the consultation period during
which you may consult with me to revise the scope of your request is 14
days after the day you are given this notice. Please note that if you do
not take this opportunity to consult, in accordance with section
24AB(7)(a), your request will be taken to have been withdrawn under
section 24AB(6).
I am the DFAT officer with whom you may consult if you wish to revise the
request to a narrower scope such that it could in fact be processed. I may
be contacted by email at: [6][DFAT request email] and I am happy to take any
reasonable steps provide you, so far as is reasonably practicable, with
any information that I can to assist you in amending your request under
the FOI Act.
I note that the Hansard of DFAT’s appearance before the Foreign Affairs,
Defence and Trade Legislation Committee is publicly available at:
[7]http://parlinfo.aph.gov.au/parlInfo/down...
This might assist you in narrowing your request to a particular topic of
interest.
Please note 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) for details).
I have attached a copy of sections 24, 24AA and 24AB of the FOI Act for
your information.
Yours sincerely
Helen Horsington
Director
Freedom of Information and Privacy Law Section
Attachment A
24 Power to refuse request—diversion of resources etc.
(1) If an agency or Minister is satisfied, when
dealing with a request for a document, that a practical refusal reason
exists in relation to the request (see section 24AA), the agency or
Minister:
(a) must undertake a request consultation process
(see section 24AB); and
(b) if, after the request consultation process,
the agency or Minister is satisfied that the practical refusal reason
still exists—the agency or Minister may refuse to give access to the
document in accordance with the request.
(2) For the purposes of this section, the agency
or Minister may treat 2 or more requests as a single request if the agency
or Minister is satisfied that:
(a) the requests relate to the same document or
documents; or
(b) the requests relate to documents, the subject
matter of which is substantially the same.
24AA When does a practical refusal reason exist?
(1) For the purposes of section 24, a practical
refusal reason exists in relation to a request for a document if either
(or both) of the following applies:
(a) the work involved in processing the request:
(i) in the case of an agency—would substantially
and unreasonably divert the resources of the agency from its other
operations; or
(ii) in the case of a Minister—would
substantially and unreasonably interfere with the performance of the
Minister’s functions;
(b) the request does not satisfy the requirement
in paragraph 15(2)(b) (identification of documents).
(2) Subject to subsection (3), but without
limiting the matters to which the agency or Minister may have regard, in
deciding whether a practical refusal reason exists, the agency or Minister
must have regard to the resources that would have to be used for the
following:
(a) identifying, locating or collating the
documents within the filing system of the agency, or the office of the
Minister;
(b) deciding whether to grant, refuse or defer
access to a document to which the request relates, or to grant access to
an edited copy of such a document, including resources that would have to
be used for:
(i) examining the document; or
(ii) consulting with any person or body in
relation to the request;
(c) making a copy, or an edited copy, of the
document;
(d) notifying any interim or final decision on the
request.
(3) In deciding whether a practical refusal reason
exists, an agency or Minister must not have regard to:
(a) any reasons that the applicant gives for
requesting access; or
(b) the agency’s or Minister’s belief as to what
the applicant’s reasons are for requesting access; or
(c) any maximum amount, specified in the
regulations, payable as a charge for processing a request of that kind.
24AB What is a request consultation process?
Scope
(1) This section sets out what is a request
consultation process for the purposes of section 24.
Requirement to notify
(2) The agency or Minister must give the applicant
a written notice stating the following:
(a) an intention to refuse access to a document in
accordance with a request;
(b) the practical refusal reason;
(c) the name of an officer of the agency or
member of staff of the Minister (the contact person) with whom the
applicant may consult during a period;
(d) details of how the applicant may contact the
contact person;
(e) that the period (the consultation period)
during which the applicant may consult with the contact person is 14 days
after the day the applicant is given the notice.
Assistance to revise request
(3) If the applicant contacts the contact person
during the consultation period in accordance with the notice, the agency
or Minister must take reasonable steps to assist the applicant to revise
the request so that the practical refusal reason no longer exists.
(4) For the purposes of subsection (3), reasonable
steps includes the following:
(a) giving the applicant a reasonable opportunity
to consult with the contact person;
(b) providing the applicant with any information
that would assist the applicant to revise the request.
Extension of consultation period
(5) The contact person may, with the applicant’s
agreement, extend the consultation period by written notice to the
applicant.
Outcome of request consultation process
(6) The applicant must, before the end of the
consultation period, do one of the following, by written notice to the
agency or Minister:
(a) withdraw the request;
(b) make a revised request;
(c) indicate that the applicant does not wish to
revise the request.
(7) The request is taken to have been withdrawn
under subsection (6) at the end of the consultation period if:
(a) the applicant does not consult the contact
person during the consultation period in accordance with the notice; or
(b) the applicant does not do one of the things
mentioned in subsection (6) before the end of the consultation period.
Consultation period to be disregarded in calculating processing period
(8) The period starting on the day an applicant is
given a notice under subsection (2) and ending on the day the applicant
does one of the things mentioned in paragraph (6)(b) or (c) is to be
disregarded in working out the 30 day period mentioned in paragraph
15(5)(b).
Note: Paragraph 15(5)(b) requires that an agency or Minister take all
reasonable steps to notify an applicant of a decision on the applicant’s
request within 30 days after the request is made.
No more than one request consultation process required
(9) To avoid doubt, this section only obliges the
agency or Minister to undertake a request consultation process once for
any particular request.
-----Original Message-----
From: Jackson Gothe-Snape
[[8]mailto:[FOI #3304 email]]
Sent: Tuesday, 28 March 2017 6:00 PM
To: FOI <[9][DFAT request email]>
Subject: Freedom of Information request - 2016/17 Additional Estimates
Topics
Dear Department of Foreign Affairs and Trade,
If possible, please treat this as an administrative or informal request.
Otherwise, please consider this a request under the FOI Act.
Can you please provide the topics list for briefs created in preparation
for hearings of Senate 2016-17 Additional Estimates.
I ask that all fees in relation to this request be waived because the
release of the documents is in the public interest. The documents help
identify the most important policy areas within the department's
responsibilities.
Yours faithfully,
Jackson Gothe-Snape
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[10][FOI #3304 email]
Is [11][DFAT request email] the wrong address for Freedom of Information
requests to Department of Foreign Affairs and Trade? If so, please contact
us using this form:
[12]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[13]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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