OFFICIAL

Dear Simon,

I refer to your email attached. Unfortunately, in its current form your
request is not considered valid under section 15(2)(b) [Requests for
access] of the Freedom of Information Act 1982 (FOI Act) as you have not
provided such specific information concerning the documents as is
reasonably necessary to enable a responsible officer of the agency to
identify them. 

Section 24(1) of the FOI Act provides that:

(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.

Section 24AA(1) of the FOI Act provides that:

(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

(b) the request does not satisfy the requirement in paragraph 15(2)(b)
(identification of documents).

In accordance with section 24AB of the FOI Act, Defence is required to
consult with you advising of the intention to refuse access to your
request in its current form.

In accordance with paragraph 24AB(2)(c) of the FOI Act, I am the nominated
person with whom you should contact with a view to agreeing to one of the
following options:

    a.    withdraw your request

    b.    revise your request; or

    c.    indicate that you do not wish to revise your request.

In accordance with section 24AB(9) of the FOI Act, Defence is only
required to undertake this consultation process once, and you must contact
me within 14 days to discuss.

In particular, I seek clarification as to, but not limited to:

·         The specific area within Defence

·         A timeframe for the correspondence

·         A specific issue or keywords within the requested correspondence

I encourage you to contact me so I can assist you in moving forward with
your inquiry.

Kind regards,

Ryan

Freedom of Information
Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

Tel: 02 5108 8851

[1]Freedom of information requests | About | Defence

IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.

References

Visible links
1. https://www.defence.gov.au/about/accessi...

OFFICIAL

Good afternoon Simon

I refer to your Freedom of Information request FOI 481/23/24.

Please note the Department of Defence observes a period of reduced
activity and staffing through December and January (Christmas/New Year
period) each year. This office has determined that it may not be possible
to finalise your FOI request by 26 December 2023 as it falls within the
reduced activity period. 

For this reason, this office is seeking your agreement to a 30 day
extension of the statutory deadline under section 15AA [extension with
agreement] of the Freedom of Information Act 1982. Should you agree, the
statutory deadline for you to receive a response to your request will
be 25 January 2024. We will still endeavor to complete your request as
soon as possible.

Thank you and regards

Erin
Freedom of Information  
Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

[1]Freedom of information requests | About | Defence

IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.

References

Visible links
1. https://www.defence.gov.au/about/accessi...

OFFICIAL

Dear Simon

Please find attached the Decision relating to Defence FOI 481/23/24. 

Review Rights

If you disagree with the decision made by the Department of Defence or the
Minister under the Freedom of Information Act 1982 (the FOI Act), you can
ask for the decision to be reviewed. You may want to seek review if you
sought certain documents and were not given full access, if your
application to have your personal information amended was not accepted or
your comments in response to formal consultation were not accepted.

You must apply in writing and should include a copy of the notice of the
decision provided and the points to which you are objecting and why.  You
may apply directly to the Information Commissioner, within 60 days of
receiving your decision.

Further information about the external review process or how to make a
complaint to the Information Commissioner is available:

Online: [1]www.oaic.gov.au

Post: GPO Box 5218 Sydney NSW 2000

Email: [2][email address]

Regards

Freedom of Information Team

Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

[3]Freedom of information requests | About | Defence

IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.

References

Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
3. https://www.defence.gov.au/about/accessi...