OFFICIAL

Good afternoon,

Thank you for your FOI inquiry, dated 17 Oct 20, relating to high
functioning Aspergers.

I note that your request is seeking access to 'all documents' 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 date range
and the names of the key persons who may hold communication relating to
your scope.

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

Kind regards,

Lauren Semaan | Freedom of Information
Enterprise Reform Branch | Governance and Reform Division | Department of
Defence

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immediately.

OFFICIAL
Good morning Trent,

The potential refusal is due to the scope of your request being substantial.

I have listed below your scope, and provided recommendations on how to re-scope this so it is able to be processed.

A) I am interested to find out more information on high functioning Aspergers and if it is an automatic disqualification from joining the Australian Defence Force, if so, could you attach the relevant information as to why.
- Please clarify if you are seeking this information for a specific period or if you are after only current documents

B) Please also provide a list of the "automatic" exclusion conditions for enlistment or require a further assessment from another member of the DFR and or ADF BEFORE enlistment.
- Please clarify if you are seeking this information for a specific period or if you are after only current documents

C) The policy and procedure required to be taken by the ADF and or DRF once a Psychological problem was declared and or identified in the enlistment process.
- Please clarify if you are seeking this information for a specific period or if you are after only current documents

D) Any documents or policy in relation to the assessment of a sailor if it becomes aware during their service that they have a Psychological Disorder or Condition.
- Please clarify if you are seeking this information for a specific period or if you are after only current documents

E) Furthermore please provide a number of ADF personnel that have been diagnosed with HIV and have their enlistment terminated and or retained employed by the ADF with restrictions. I would ask this information be broken up to years and not share any personal information just the number of identified cases.
- Please provide a date range for this information e.g. 2010 - 2020

Lauren Semaan | Freedom of Information
Enterprise Reform Branch | Governance and Reform Division | Department of 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.

-----Original Message-----
From: Trent Morrison-Francis <[FOI #6813 email]>
Sent: Thursday, 22 October 2020 7:26 AM
To: FOI <[email address]>
Subject: Re: FOI 168/20/21 - Notification of Practical Refusal under section 24AA of the FOI Act [SEC=OFFICIAL]

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Dear FOI,

Am I right to assume the rejection is to do with the following part of the request?

Any documents or policy in relation to the assessment of a sailor if it becomes aware during their service that they have a Psychological Disorder or Condition.

Yours sincerely,

Trent Morrison-Francis

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

OFFICIAL

Good afternoon,

Thank you for your FOI inquiry, dated 17 Oct 20, relating to high functioning Aspergers.

I note that your request is seeking access to 'all documents' 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 date range and the names of the key persons who may hold communication relating to your scope.

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

Kind regards,

Lauren Semaan | Freedom of Information
Enterprise Reform Branch | Governance and Reform Division | Department of 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.

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