UNCLASSIFIED

Good morning,

Thank you for your attached FOI inquiry, dated 26 January 2019, relating
to Defence Exports.

I note that your request is seeking access to 'all defence' relating to
the above mentioned matter.  Please be advised that a request for any/all
documents concerning a particular subject will likely attract refusal
under section 24AA of the FOI Act because, with few exceptions, it would
simply not be possible for the decision maker to certify that he or she
has identified every copy of every document in the Department's
possession. To do so would require a search of every hard copy file and
the electronic communication and records management systems used by
Defence.  It is considered that the workload involved in conscientiously
attempting to do so would involve a substantial and unreasonable diversion
of the resources of the agency.

Taking the above into consideration, under section 24AA of the FOI Act and
for the purposes of section 24 of the FOI Act, Defence considers that a
'practical refusal reason' exists in relation to your FOI request. 
Specifically, Defence considers that the work involved in processing the
request in its current form would substantially and unreasonably divert
the resources of the Defence from its other operations.  In particular, a
very significant amount of resources would have to be diverted to arrange
for the required searches to be undertaken, to then review any documents
that were identified as being possibly relevant to your request.  And
finally, to undertake the decision making process on any documents that
did meet the parameters of your request.

This diversion would constitute a significant drain on the resources of
the agency, and would have an unreasonable, substantial and adverse effect
in the ability of areas to conduct their normal business.

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.

Notwithstanding all of the above, I would suggest you provide a much
smaller date range. It is also noted you have requested breakdowns of
sales, disposals etc. for each country. Please note if this information is
not already detailed in a single document, all documents containing this
information would need to be retrieved and reviewed which would
substantially and unreasonably divert the resources of the Defence from
its other operations. 

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

Kind regards,

Matt Ashauer

FOI Inquiries

Freedom of Information

Information Management and Access

Governance and Reform Division

Department of Defence

CP1-06-003

PO Box 7910 Canberra ACT 2610

(02) 6266 3685

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

UNCLASSIFIED

Good morning Mr Aathavan,

Thank you for your below response.

As the attached notice of practical refusal required a response by 15 February 2019, and your response was dated 17 February 2019 your initial request was closed.

A new request has been raised from the 17th of February 2019 with the following scope:

A list of all instances of defence exports from Australia to Sri Lanka from years 2000 to 2010.

The Department is currently making inquiries into your new scope and will be in touch.

Kind regards

Freedom of Information

Department of Defence CP1-06-007
PO Box 7910 | CANBERRA BC ACT 2610

email: [email address]

http://www.defence.gov.au/FOI/privacy.asp

-----Original Message-----
From: Aathavan <[FOI #5233 email]>
Sent: Sunday, 17 February 2019 9:11 PM
To: FOI <[email address]>
Subject: 190217 2110 - [Aathavan]-[FOI] FOI 272/18/19 - notice of practical refusal - section 24AA

Dear Mr. Ashauer,

Thank you for your response. As suggested I will revise my request.

I had submitted my original request with the belief that the data would already have been compiled for each year in question, and therefore it would only involve the task of sorting and releasing the data, rather than compiling it.

For example I had thought the data would already exist in a format similar to the response provided to a question on notice by Senator Allison on 6 February 2007 on defence exports: https://parlinfo.aph.gov.au/parlInfo/sea...

To narrow my request I will ask for:

- A list of all instances of defence exports from Australia to Sri Lanka from years 2000 to 2010.

Yours sincerely,

Aathavan

-----Original Message-----

UNCLASSIFIED

Good morning,

Thank you for your attached FOI inquiry, dated 26 January 2019, relating to Defence Exports.

I note that your request is seeking access to 'all defence' relating to the above mentioned matter. Please be advised that a request for any/all documents concerning a particular subject will likely attract refusal under section 24AA of the FOI Act because, with few exceptions, it would simply not be possible for the decision maker to certify that he or she has identified every copy of every document in the Department's possession. To do so would require a search of every hard copy file and the electronic communication and records management systems used by Defence. It is considered that the workload involved in conscientiously attempting to do so would involve a substantial and unreasonable diversion of the resources of the agency.

Taking the above into consideration, under section 24AA of the FOI Act and for the purposes of section 24 of the FOI Act, Defence considers that a 'practical refusal reason' exists in relation to your FOI request. Specifically, Defence considers that the work involved in processing the request in its current form would substantially and unreasonably divert the resources of the Defence from its other operations. In particular, a very significant amount of resources would have to be diverted to arrange for the required searches to be undertaken, to then review any documents that were identified as being possibly relevant to your request. And finally, to undertake the decision making process on any documents that did meet the parameters of your request.

This diversion would constitute a significant drain on the resources of the agency, and would have an unreasonable, substantial and adverse effect in the ability of areas to conduct their normal business.

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.

Notwithstanding all of the above, I would suggest you provide a much smaller date range. It is also noted you have requested breakdowns of sales, disposals etc. for each country. Please note if this information is not already detailed in a single document, all documents containing this information would need to be retrieved and reviewed which would substantially and unreasonably divert the resources of the Defence from its other operations.

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

Kind regards,

Matt Ashauer

FOI Inquiries

Freedom of Information

Information Management and Access

Governance and Reform Division

Department of Defence

CP1-06-003

PO Box 7910 Canberra ACT 2610

(02) 6266 3685

IMPORTANT: This email remains the property of the Department of Defence and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the sender and delete the email.

IMPORTANT: This email remains the property of the Department of Defence and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the sender and delete the email.

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #5233 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

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IMPORTANT: This email remains the property of the Department of Defence and is subject to the jurisdiction of section 70 of the Crimes Act 1914. If you have received this email in error, you are requested to contact the sender and delete the email.

hide quoted sections

UNCLASSIFIED

Good morning,

Thank you for your attached FOI inquiry, dated 17 February 2019, relating
to Defence Exports. As your correspondence was received after the 14 day
consultation period had lapsed Defence FOI have registered your inquiry as
a new request.

As with your earlier request, I note that this current  request is seeking
access to 'all defence' relating to the above mentioned matter.  Please be
advised that a request for any/all documents concerning a particular
subject will likely attract refusal under section 24AA of the FOI Act
because, with few exceptions, it would simply not be possible for the
decision maker to certify that he or she has identified every copy of
every document in the Department's possession. To do so would require a
search of every hard copy file and the electronic communication and
records management systems used by Defence.  It is considered that the
workload involved in conscientiously attempting to do so would involve a
substantial and unreasonable diversion of the resources of the agency.

Taking the above into consideration, under section 24AA of the FOI Act and
for the purposes of section 24 of the FOI Act, Defence considers that a
'practical refusal reason' exists in relation to your FOI request. 
Specifically, Defence considers that the work involved in processing the
request in its current form would substantially and unreasonably divert
the resources of the Defence from its other operations.  In particular, a
very significant amount of resources would have to be diverted to arrange
for the required searches to be undertaken, to then review any documents
that were identified as being possibly relevant to your request.  And
finally, to undertake the decision making process on any documents that
did meet the parameters of your request.

This diversion would constitute a significant drain on the resources of
the agency, and would have an unreasonable, substantial and adverse effect
in the ability of areas to conduct their normal business.

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.

Notwithstanding all of the above, after consulting with the relevant area
in Defence we have received advice that, Defence can supply a table
showing the total annual numbers and Defence Strategic Goods List (DSGL)
categories of defence export permits to Sri Lanka, as granted to exporters
from 2000 to 2010 (inclusive). The spreadsheet will not include specific
details about the applicant, consignee, goods or end users due to
commercial-in-confidence considerations.

Please note if this information is not already detailed in a single
document, all documents containing this information would need to be
retrieved and reviewed which would substantially and unreasonably divert
the resources of the Defence from its other operations. 

We encourage you to contact the FOI Directorate  so we can assist you in
moving forward with your inquiry.

Kind regards,

Cos Cameron

Freedom of Information

Governance and Reform Division

Department of Defence  CP1-06-007

PO Box 7910 | CANBERRA BC ACT 2610

email: [1][email address]

[2]http://www.defence.gov.au/FOI/privacy.asp

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

References

Visible links
1. mailto:[email address]
file:///tmp/blocked::mailto:[email address]
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file:///tmp/blocked::http:/www.defence.gov.au/FOI/privacy.asp

UNCLASSIFIED

Good afternoon Mr Aathavan,

Please find attached the Statement of Reasons and documents relating to
FOI 300/18/19.

FOI Disclosure Log

In accordance with the requirements of section 11C of the FOI Act, Defence
is required to publish details of information released under the FOI Act.
Defence publishes identified documents relating to requests within five
working days of receipt by the applicant or immediately following any
publication of the released material. Defence will also publish the
statement of reasons with privacy deletions.  

Rights of Review

Under the provisions of section 54 of the FOI Act, you are entitled to
request a review of this decision. Your review rights are attached.

Should you have any questions in regard to this matter please contact this
office.

Kind regards,

Cos Cameron

Freedom of Information

Governance and Reform Division

Department of Defence  CP1-06-007

PO Box 7910 | CANBERRA BC ACT 2610

email: [1][email address]

[2]http://www.defence.gov.au/FOI/privacy.asp

IMPORTANT: This email remains the property of the Department of Defence
and is subject to the jurisdiction of section 70 of the Crimes Act 1914.
If you have received this email in error, you are requested to contact the
sender and delete the email.

References

Visible links
1. mailto:[email address]
file:///tmp/blocked::mailto:[email address]
2. http://www.defence.gov.au/FOI/privacy.asp
file:///tmp/blocked::http:/www.defence.gov.au/FOI/privacy.asp