Anarchists and anarchism
Dear Department of Home Affairs,
I request the following information:
- The titles and delivery dates of all final reports and documents delivered to, produced within or made available to the Department, since 1 January 2015, in relation to 'anarchism', or 'anarchists'.
To be clear, I am not requesting the title page, I am instead am instead requesting the title/names of reports. This should be no more than a few words for each relevant document.
Please exclude duplicates from this FOI request.
I request that any FOI fees be waived in this instance.
Yours faithfully,
John Smith
** This is an automated response. Please do not reply to this email **
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Information updated 11 January 2022
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OFFICIAL: Sensitive
Personal-Privacy
8 September 2022
J Smith
BY EMAIL: [FOI #9354 email]
In reply please quote:
FOI Request: FA 22/09/00461
File Number: OBJ2022/24002
Dear Smith
I refer to your email dated 6 September 2022, in which you requested
access to documents held by the Department of Home Affairs (the Freedom of
Information & Records Management Branch ) under the Freedom of Information
Act 1982 (the FOI Act).
You have requested access to the following:
I request the following information:
- The titles and delivery dates of all final reports and documents
delivered to, produced within or made available to the Department, since 1
January 2015, in relation to 'anarchism', or 'anarchists'.
To be clear, I am not requesting the title page, I am instead am instead
requesting the title/names of reports. This should be no more than a few
words for each relevant document.
Please exclude duplicates from this FOI request.
I request that any FOI fees be waived in this instance.
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 still exists, the Department may refuse to give
you access to the documents subject to the request.
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 practical refusal reasons
exist under section 24AA(1)(b) of the FOI Act.
Reasons for practical refusal
The Department has considered the scope of this request and its capacity
to conduct searches of relevance based on the current scope. The Freedom
of Information Act 1982 provides a right to obtain access to “a document
of an agency”. It is my preliminary view that your request, in its current
form, does not satisfy the requirement in section 15(2)(b) of the FOI Act
and is therefore not valid.
Your request for “titles and delivery dates for all final reports and
documents delivered to, produced within or made available to the
Department” is too broad to identify relevant business areas of the
Department and/or conduct effective searches. “All final reports and
documents” will encompass communications on any and every matter in any
format, including all-staff messages, routine matters relating to the work
and business area, and so on.
In addition, the search terms specified in your request, in particular
“anarchism”, “anarchists”, are extremely broad in application and would in
all likelihood capture a large number of documents on a wide variety of
topics held in multiple systems.
In consideration of the above, I am satisfied that the Department is
currently unable to identify documents of relevance based on the
information provided in scope. I consider that this would result in the
decision maker being unable to certify that all relevant documents have
been provided and considered in the assessment of this request and that a
practical refusal reason exists in relation to this request. Moreover, any
attempt to do so would in all likelihood encompass such a quantity of
documents that it would not be practical to process your request.
As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request.
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 you are seeking access to, so as to enable the
Department to identify those documents.
You now have an opportunity to revise your request to enable it to
proceed.
Please clarify and provide a revised scope to identify exactly what
specific documents you require.
Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation,
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, the Department will take no further
action with your request.
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.
Contact
Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact us at
[1][Department of Home Affairs request email]
Regards
Derek
Position number: 60007884
Authorised FOI Officer
FOI and Records Management Branch | Data Division
Strategy and National Resilience Group
Department Of Home Affairs
E: [2][Department of Home Affairs request email]
Personal-Privacy
OFFICIAL: Sensitive
Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited.
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.
Unsolicited commercial emails MUST NOT be sent to the originator of this
email.
References
Visible links
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