5 September 2022
Alex Cambridge
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 22/08/00824
File Number:
OBJ2022/22175
Dear Alex Cambridge
I refer to your email dated 16 August 2022, in which you requested access to documents held
by the Department of Home Affairs (the Department) under the
Freedom of Information Act 1982
(the FOI Act).
You have requested access to the following:
Following the revelation that former PM Scott Morrison appointed himself to jointly
run the home affairs portfolio without ever informing then-minister Karen Andrews,
can you please advise:
1. during the time Mr Morrison and Ms Andrews ran the portfolio, how many FOI
requests were submitted to Ms Andrews in her capacity as your Minister?
2. of those requests, how many should also have sought information/documents
from Mr Morrison, had it been known that he was joint Minister?
3. wil the Department be revisiting those requests to ensure compliance with the
FOI Act and Guidelines?.
Intention to refuse request
I am writing to tell you that I intend to refuse your request on the basis that a practical refusal
reason exists. However, before I make a final decision to do this, you have an opportunity to
revise your request to remove the practical refusal reason. This is called a ‘
request consultation
process’. You have 14 days to respond to this notice in one of the ways set out below.
Power to refuse request
Section 24 of the FOI Act provides that if the Department is satisfied that a practical refusal
reason exists in relation to a request, the Department must undertake a consultation process
with you, and if, after that consultation process, the Department remains satisfied that the
practical refusal reason stil exists, the Department may refuse to give you access to the
documents subject to the request.
9 Wentworth Street Parramatta NSW 2150
PO Box 25 Belconnen ACT 2616 • Email:xxx@xxxxxxxxxxx.xxx.xx • www.homeaffairs.gov.au
Practical refusal
A
practical refusal reason exists under section 24AA of the FOI Act if either (or both) of the
following applies:
(1)(a)(i) the work involved in the processing of the request would substantially and
unreasonably divert the resources of the Department from its other operations
(1)(b) the request does not satisfy the requirement in section 15(2)(b) of the FOI Act,
which requires you to provide such information concerning the document you are
seeking access to, to enable the Department to be able to identify it.
I consider that the request does not satisfy the requirements of section 15(2)(b) of the FOI Act,
and accordingly that a practical refusal reasons exist under section 24AA(1)(b) of the FOI Act.
Reasons for practical refusal
In order for your request to be valid for the purposes of the FOI Act, it must provide such
information concerning the documents that you are seeking access to, as is reasonably
necessary to enable the Department to identify the documents.
In relation to point 2 and point 3 of your request the information provided is not sufficient to
enable the Department to identify relevant documents. I do not consider that you have provided
a reasonable description of the documents to which you are seeking access.
In particular, these parts of scope appear to be framed as questions. Please consider revising
point 2 and point 3 of scope in ways which would increase our capacity to meet the terms of your
request, or removing these points from scope.
Based on the above I am satisfied that your request at points 2 and 3 is not valid and a practical
refusal reason exists in this request. You have not provided sufficient information concerning the
documents you are seeking to access, to enable the Department to be able to identify it.
Request Consultation Process
To enable the Department to consider your request for access under the FOI Act, the
Department will require sufficient information concerning the specific existing documents to
which you seek access, in order to enable the Department to identify those documents.
You do not necessarily need to be able to identify the exact documents you are seeking, but you
need to provide the Department with sufficient information to enable us to identify them. In
addition, you may wish to consider providing a timeframe for your request to assist the
Department’s officers to reasonably be able to identify the documents to which you seek access.
You now have an opportunity to revise your request to ensure it is a valid request under section
15(2)(b) of the FOI Act and to enable it to proceed.
Under section 24AB(6) of the FOI Act, you have 14 days to do one of the following:
• withdraw your request;
• make a revised request;
• indicate that you do not wish to revise your request.
If you do not do one of the three things listed above during the consultation period (14 days), or
you do not consult the contact person listed below during this period, your request wil be taken
to have been withdrawn in accordance with section 24AB(7) of the FOI Act.
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Contact
Should you wish to revise your request or have any questions in relation to this process, please
do not hesitate to contact Vythees Suppiah at xxx@xxxxxxxxxxx.xxx.xx.
Yours sincerely
[Signed electronically]
Vythees
Position Number: 60141911
Freedom of Information Officer | Freedom of Information Section
FOI and Records Management Branch
Data Division | Strategy and National Resilience Group
Department of Home Affairs
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