Official Sensitive

Dear Jarred

FREEDOM OF INFORMATION REQUEST – FOI 2024-721

We refer to your request received 4 August 2024 by the Department of
Education (the department) seeking access under the Freedom of Information
Act 1982 (the Act) to: 

I am formally requesting access to documents under FOI relating to the
Capital Works project taking place at Barwon Valley School. Specifically,
works being carried out with 2020/21 state budget funding that is referred
to by the VSBA as "Upgrade and Modernisation - Stage 2"

I kindly request the following documents.

1. Project team meeting minutes from the commencement of the project to 4
August 2024 inclusive.

2. All versions of the project delivery schedule/timeline from the
commencement of the project to 4 August 2024 inclusive.

3. All Correspondence sent and received by the senior project officer or
other VSBA staff concerning the following topics:

               3a. Modification or reduction to the scope of the project,

               3b. Architectural, engineering, building or construction
defects or faults,

               3c. Legal disputes with suppliers, contractors or vendors,

               3d. Delays in the occurrence of works / project schedule
adjustments,

               3e. Impacts on the education delivery and day-to-day
operations of Barwon Valley School.

4. Any documents similar to an executive summary or presentation that
explains the facilities and buildings that were to be delivered under the
original scope of the project.

This email is to acknowledge receipt of your request.

Contact

If you have any queries regarding this matter, please contact the FOI Unit
on (03) 7022 0856 or by email at [1][Victorian Department of Education request email] 

Yours sincerely

Freedom of Information Unit
Department of Education
2 Treasury Place, East Melbourne VIC 3002

T: 03 7022 0856

E: [2][Victorian Department of Education request email]
W: [3]www.education.vic.gov.au

IMPORTANT - This email and any attachments may be confidential. If
received in error, please contact us and delete all copies. Before opening
or using attachments check them for viruses and defects. Regardless of any
loss, damage or consequence, whether caused by the negligence of the
sender or not, resulting directly or indirectly from the use of any
attached files our liability is limited to resupplying any affected
attachments. Any representations or opinions expressed are those of the
individual sender, and not necessarily those of the Department of
Education.

References

Visible links
1. mailto:[Victorian Department of Education request email]
2. mailto:[Victorian Department of Education request email]
3. http://www.education.vic.gov.au/

Good afternoon Jarred,

I hope this email finds you well.

I am sending this email to advise you that we are still in the process of
reviewing your request with the programme area of VSBA and their response
to your request for documents listed in your request.  

I will be in contact with yourself in the coming days to provide some
additional advice and discuss the scope of your request along with any
clarification required.

Kind Regards

Freedom of Information Unit
Department of Education
2 Treasury Place, East Melbourne VIC 3002

T: 03 7022 0856

E: [1][Victorian Department of Education request email]
W: [2]www.education.vic.gov.au

IMPORTANT - This email and any attachments may be confidential. If
received in error, please contact us and delete all copies. Before opening
or using attachments check them for viruses and defects. Regardless of any
loss, damage or consequence, whether caused by the negligence of the
sender or not, resulting directly or indirectly from the use of any
attached files our liability is limited to resupplying any affected
attachments. Any representations or opinions expressed are those of the
individual sender, and not necessarily those of the Department of
Education.

References

Visible links
1. mailto:[Victorian Department of Education request email]
2. http://www.education.vic.gov.au/

Dear Jarrad,

FREEDOM OF INFORMATION REQUEST – FOI 2024-721

We refer to your Freedom of Information request received 04 August 2024 by
the Department of Education (the department) seeking access under
the Freedom of Information Act 1982 (the Act) to: 

I am formally requesting access to documents under FOI relating to the
Capital Works project taking place at Barwon Valley School. Specifically,
works being carried out with 2020/21 state budget funding that is referred
to by the VSBA as "Upgrade and Modernisation - Stage 2"

I kindly request the following documents.

1. Project team meeting minutes from the commencement of the project to 4
August 2024 inclusive.

2. All versions of the project delivery schedule/timeline from the
commencement of the project to 4 August 2024 inclusive.

3. All Correspondence sent and received by the senior project officer or
other VSBA staff concerning the following topics:

               3a. Modification or reduction to the scope of the project,

               3b. Architectural, engineering, building or construction
defects or faults,

               3c. Legal disputes with suppliers, contractors or vendors,

               3d. Delays in the occurrence of works / project schedule
adjustments,

               3e. Impacts on the education delivery and day-to-day
operations of Barwon Valley School.

4. Any documents similar to an executive summary or presentation that
explains the facilities and buildings that were to be delivered under the
original scope of the project.]

Preliminary enquiries with VSBA have found that the work involved in
processing your request would substantially and unreasonably divert the
resources of the department from its other operations. As a result, we are
writing to provide you with this notice under s25A(6)(a) of the FOI Act,
stating our intention to refuse access to documents and to assist in you
making a request that would remove the grounds for refusal.  

'(1)         The agency or Minister dealing with a request may refuse to
grant access to documents in accordance with the request, without having
caused the processing of the request to have been undertaken, if the
agency or Minister is satisfied that the work involved in the request-

(a)                  in the case of an agency - would substantially and
unreasonably divert the resources of the agency from its other operations.

In reaching this decision the department has had regard to the resources
which would be used:
  

·         in identifying, locating or collating the documents. 

·         in deciding whether to grant or refuse access to the documents
or to grant access to edited copies of such documents, including resources
which would have to be used: 

·         examining the documents;

o consulting with any person or body (internal and external) in relation
to the request; 
o in making a copy, or an edited copy of the documents; and 
o in notifying you and third parties of any interim or final decision on
the request.     

Our reasons for reaching this conclusion are outlined below. 

The extent of documentation  

VSBA advised that this project has been running since 2020, during this
time the breadth of information collated as part of this project is very
extensive with numerous persons involved and it exceeds over 20,000 pages
and would take a staff member from VSBA minimum of 2 days to conduct
searches and collate the documents that fall within the scope of your
request.

Substantial and unreasonable diversion of resources 

You must appreciate that for The FOI unit to devote the time and resources
necessary to assess these pages would be unduly onerous, as an assessor
must examine the documents carefully to determine whether to grant, refuse
or defer access to the documents or to grant access to edited copies of
such documents, as well as make edited copies of the documents, if
applicable, and notify you of any interim or final decision on the
request. Furthermore, there would be a significant amount of Internal and
external consultation that is likely to be involved.  Finally, the
Assessor must then re-examine the edited documents to ensure that any
exempt information has been deleted from the documents.

In the circumstances, pursuant to section 25A(6)(a) of the Act, notice is
hereby given of my intention to refuse your request on the basis that the
work involved in processing the request would substantially and
unreasonably divert the resources of the department from its operations.

Opportunity for consultation and amendment  

As provided by section 25A(6) of the Act, we are writing to provide you
with an opportunity to consult with the department to amend your request
to a form that would remove this ground for refusal, so that processing of
your request can continue.  

In response to assist this office can you please advise if you require
access to

 1. draft documents;
 2. duplicate documents;
 3. commercial information relating to third parties;
 4. personal information relating to third parties.
 5. documents released in part (i.e. - if a document has exemptions within
the body of the text, which are required to be redacted out, confirm
if you will accept a redacted version).

Additionally, VSBA has advised that for point 3 (3a), 3(b), (3c) (3d) This
request is unreasonable due to the breadth of correspondence applicable as
the project commenced in 2000 there is over 4 years or records and
correspondence, we would request the applicant be more specific in
identifying the scope elements they require relevant correspondence and a
date or date frame.

For  (3e), We would request the applicant be more specific in identifying
the impacting works,  educational outcome, or school operation they
require correspondence for.

This advice has been provided to you in an effort to assist you to narrow
your FOI application. You may wish to offer an alternative phrasing of
your request. However, please note that any alternative that does not
remove the grounds for refusal, or results in other grounds for refusal,
may result in us refusing to proceed with your request. Any alternative
wording must clearly specify the documents you seek, and sufficiently
narrow the efforts required to process your request.  

In the event that consultation does not occur prior to close of business
on [16 September 2024], or that consultation does not remove the above
ground for refusal of access, then I will advise you of my decision to
refuse access under s25A(1)(a) of the Act and your rights of appeal.

Contact

If you have any queries regarding this matter, please contact the FOI Unit
on (03) 7022 0856 or by email at [1][Victorian Department of Education request email].

Yours sincerely

Freedom of Information Unit
Department of Education
2 Treasury Place, East Melbourne VIC 3002

T: 03 7022 0856

E: [2][Victorian Department of Education request email]
W: [3]www.education.vic.gov.au

IMPORTANT - This email and any attachments may be confidential. If
received in error, please contact us and delete all copies. Before opening
or using attachments check them for viruses and defects. Regardless of any
loss, damage or consequence, whether caused by the negligence of the
sender or not, resulting directly or indirectly from the use of any
attached files our liability is limited to resupplying any affected
attachments. Any representations or opinions expressed are those of the
individual sender, and not necessarily those of the Department of
Education.

References

Visible links
1. mailto:[Victorian Department of Education request email]
2. mailto:[Victorian Department of Education request email]
3. http://www.education.vic.gov.au/

Good morning Jarred,

I thank you for your email and I apologise for the delay in responding to your revised scope as listed below.

Please note this office is liaising with VSBA to receive advice as if your revised scope would amend your request to a form that would remove this ground for refusal, so that processing of your request can continue.

We apologise for these delays and will be in contact shortly with additional advice.

We thank you for your time and patience

Kind Regards

Kelly

Freedom of Information Unit
Department of Education
2 Treasury Place, East Melbourne VIC 3002

T: 03 7022 0856
E: [Victorian Department of Education request email]
W: http://www.education.vic.gov.au/

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Dear Jarred

Thank you for your response below, where you have proposed to re-scope the terms of your request to the following:

I therefore would like to adjust the scope of my request to remove Items 3, 3a, 3b, 3c, 3d & 3e from my request meaning the scope of the request is now:

1. Project team meeting minutes from the commencement of the project to 4 August 2024 inclusive.

2. All versions of the project delivery schedule/timeline from the commencement of the project to 4 August 2024 inclusive.

4. Any documents similar to an executive summary or presentation that explains the facilities and buildings that were to be delivered under the original scope of the project.

Additionally in response to your clarification request

1* For items 1 & 4, where a final document version exists I do not require access to draft versions, For items 1 & 4 where a final document version does not exist I request access to the most recent draft only, For item 2 I request all versions.
2* I do not require access duplicate documents.
3* I do not require access to commercial information relating to third parties.
4* I do not require access to personal information relating to third parties.
5* I am happy to accept redacted documents, only where information is not relevant to the scope of my request.

I confirm that your re-scoped request terms have been accepted, and the grounds for refusal under section 25A(1) of the Act have now been removed.

We will contact you if anything further is required from you and will endeavour to complete your request as soon as possible.

Kind regards,

Regards,

Kelly

Freedom of Information Unit
Department of Education
2 Treasury Place, East Melbourne VIC 3002

T: 03 7022 0856
E: [Victorian Department of Education request email]
W: http://www.education.vic.gov.au/

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