Dear Craig

 

Thank you for your e-mail of 26 June 2013, seeking access under the
Freedom of Information Act 1982 (the FOI Act) to:

details, times, dates and content of any correspondence between your
selves and the Australian Football League and your selves and the National
Rugby League regarding drug

and supplement use and their sports science programs.

 

The ASC intends to refuse the request as currently framed, on the grounds
that the work involved in processing it would substantially and
unreasonably divert our resources from its other operations.

 

In its current form, your request does not appear to be able to be
completed within a reasonable time.

 

Practical refusal reason

 

Notice is hereby given under s24AB(2) of the FOI Act of an intention to
refuse to grant access to the document/s sought. The practical refusal
reason is that the work involved in processing the request would
substantially and unreasonably divert the resources of the ASC from its
other operations.

In deciding that this practical refusal reason exists, I have given
consideration to how the ASC could proceed to process your request, and
the time and resources that would be involved in doing so.

Processing this request would, in my view, be a substantial and
unreasonable diversion of ASC’s resources within the meaning of s.24AA(1).

 

Consultation process

 

I am the ASC officer with whom you may consult if you wish to revise the
request to a narrower scope (for example, by specifying a time period of
any documents requested) so that the request can be processed. I may be
contacted on Tel. 02 6214 1372 and I am happy to provide you so far as is
reasonably practicable with any information that I can to assist in
amending your request under the FOI Act.

In accordance with s. 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 s. 24AB(7)(a), your
request will be taken to have been withdrawn under s. 24AB(6).

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).

 

Sections 24, 24AA and 24AB of the FOI Act follow for your information.

 

Yours sincerely

 

 

Edgar Crook

Assistant Director, Information Governance

Information Management Services

Australian Sports Commission

Tel:  +61 2 6214 1372

[1][email address]

 

[2]ASC Values email signature v2

 

 

 

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.

 

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