OFFICIAL

Good afternoon,

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.

Your request as currently framed is a request for information rather than
a request for specific documents as required under the FOI Act.

Accordingly, prior to the Department accepting your request, I seek
clarification as to the documents you wish to obtain.

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

Kind regards,

Will
FOI Case Manager
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
Good afternoon,

Thank you for your attached email seeking access to documents, under the Freedom of Information Act 1982 (FOI Act).

The action area responsible for your request have informed me that a Request for Submission (RFS) was released on AusTender on 29 March 2021 for “Sale of Black Hawk Aircraft and Unique Associated Inventory” under reference number RFS/CASG/MLDS/2021/3. RFS documentation can be provided administratively to you as these were originally in the public domain. Please be advised that where possible, Defence tries to manage these type of requests administratively, outside the provisions of the FOI Act. Would you please confirm, via return email by COB 10 July 2023, if you are happy for your request to be handled administratively. You will then be contacted directly by the action area and your FOI inquiry will be closed.

If you wish to discuss this please feel free to contact me.

Kind regards

Sharon Roulston
FOI Case Manager
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence

Tel: 02 6212 0892

For FOI guidance & information, please visit: Defence FOI

I acknowledge the Traditional Custodians of Country throughout Australia. I recognise their continuing connection to traditional lands and waters and pay my respects to their Elders past, present and emerging. I also pay respect to the Aboriginal and Torres Strait Islander men and women who have contributed to the defence of Australia in times of peace and war.

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.

show quoted sections

OFFICIAL

Good morning,

Thank you for your attached email seeking access to documents, under the
Freedom of Information Act 1982 (FOI Act).

The action area responsible for your request have informed me that a
Request for Submission (RFS) was released on AusTender on 29 March 2021
for “Sale of Black Hawk Aircraft and Unique Associated Inventory” under
reference number RFS/CASG/MLDS/2021/3. RFS documentation can be provided
administratively to you as these were originally in the public domain.
Please be advised that where possible, Defence tries to manage these type
of requests administratively, outside the provisions of the FOI Act. Would
you please confirm, via return email by COB 10 July 2023, if you are happy
for your request to be handled administratively. You will then be
contacted directly by the action area and your FOI inquiry will be closed.

If you wish to discuss this please feel free to contact me.

Kind regards

Sharon
Freedom of Information
Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

[1]Freedom of information requests | About | Defence

I acknowledge the Traditional Custodians of Country throughout Australia.
I recognise their continuing connection to traditional lands and waters
and pay my respects to their Elders past, present and emerging. I also pay
respect to the Aboriginal and Torres Strait Islander men and women who
have contributed to the defence of Australia in times of peace and war.

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.

show quoted sections

OFFICIAL

Good morning JP,

In response to your recent FOI request; please see response below and
documents attached.

“I am looking for the Request for solutions (RFS) released by Defence
March 25th 2021 in relation to the potential sale/disposal of up to 27
ex-Army Sikorsky S-70A-9 Black Hawk helicopters and associated spares and
equipment.”

1.       Disposal Services issued a Request for Submission (RFS) via
AusTender on 29 March 2021 for “Sale of Black Hawk Aircraft and Unique
Associated Inventory” under reference number RFS/CASG/MLDS/2021/3 which
can be accessed on the following link:
[1]https://www.tenders.gov.au/Atm/ShowClose....
Submissions closed on 21 May 2021 at 4:30 pm (ACT Local Time).

2.       The RFS documents consisted of a Conditions of Submission and a
Covering Letter with four annexes (Response Form, Declaration by
Respondent, Draft Deed of Transfer and Non-Disclosure Deed Poll). Only
tenderers that provided a Non-Disclosure Deed Poll response by the
required date received additional information to enable them to proceed
with the RFS process.

3.       The applicant can be informed that a Request for Submission (RFS)
was released on AusTender on 29 March 2021 for “Sale of Black Hawk
Aircraft and Unique Associated Inventory” under reference number
RFS/CASG/MLDS/2021/3. Submissions closed on 21 May 2021 at 4:30 pm (ACT
Local Time). The Department of Defence is currently in contract
negotiations with the preferred tenderer. RFS documentation can be
provided to the applicant as these were originally in the public domain
(see attached).

4.       Sensitivity: Negotiations have not been finalised with the
preferred tenderer.

5.       Other business areas do not hold any additional relevant
documents.

If you have any questions or require further assistance, please contact
[2][email address]

Kind regards,

CASG FOI

Audit and FOI

CASG Coordination

–––––––––––––––––––––––––––––––––––––––––––––––––––––

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.tenders.gov.au/Atm/ShowClose...
2. mailto:[email address]