OFFICIAL: Sensitive
Personal-Privacy

21 June 2023

Sandra

BY EMAIL:  [FOI #10387 email]

In reply please quote:

FOI Request:         FA 23/06/01005

Dear Sandra

I refer to your email dated 18 June 2023, in which you requested access to
documents held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

You have requested access to the following:

I request a copy of the farewell card signed by staff and handed to former
ABF Commissioner Roman Quaedlieg.

Intention to refuse request

I am writing to advise you that I intend to refuse your request on the
basis that a practical refusal reason exists. However, before I make a
final decision to do this, you have an opportunity to revise your request
to remove the practical refusal reason. This is called a ‘request
consultation process’. You have 14 days to respond to this notice in one
of the ways set out below.

Power to refuse request

Section 24 of the FOI Act provides that if the Department is satisfied
that a practical refusal reason exists in relation to a request, the
Department must undertake a consultation process with you, and if, after
that consultation process, the Department remains satisfied that the
practical refusal reason still exists, the Department may refuse to give
you access to the documents subject to the request.

Practical refusal

A practical refusal reason exists under section 24AA of the FOI Act if
either (or both) of the following applies:

(1)(a)(i) the work involved in the processing of the request would
substantially and unreasonably divert the resources of the Department from
its other operations

(1)(b)      the request does not satisfy the requirement in section
15(2)(b) of the FOI Act, which requires you to provide such information
concerning the document you are seeking access to, to enable the
Department to be able to identify it.

I consider that the request does not satisfy the requirements of section
15(2)(b) of the FOI Act, and accordingly that practical refusal reasons
exist under section 24AA(1)(b) of the FOI Act.

 

Reasons for practical refusal

 

The Department has considered the scope of this request and its capacity
to conduct searches of relevance based on the current scope. The Freedom
of Information Act 1982 provides a right to obtain access to “a document
of an agency”. It is my preliminary view that your request, in its current
form, does not satisfy the requirement in section 15(2)(b) of the FOI Act
and is therefore not valid.

 

Section 47F(1) of the FOI Act provides that documents are exempt from
release where this would involve unreasonable disclosure of personal
information. As you are seeking access to documents containing information
about Roman Quaedlieg it will assist the Department to make a decision on
your request if you provide written consent from Roman Quaedlieg.

 

Where possible, you should also provide photographic identification for
Roman Quaedlieg. This identification could include any of the following:
current Drivers Licence; or Passport.

 

If you anticipate any problems obtaining consent or photographic
identification, please contact me, using the email address provided below.

 

If you cannot obtain consent or photographic identification from Roman
Quaedlieg and you still wish to access their documents, you should write
to this office setting out reasons why you believe the release would not
be unreasonable or contrary to the public interest.

 

In cases where consent cannot be obtained the Department may be required
to consult the individual(s) concerned under section 27A of the FOI Act
prior to making an access decision.

 

In consideration of the above, I am satisfied that the Department is
currently unable to identify documents of relevance based on the
information provided in scope. I consider that this would result in the
decision maker being unable to certify that all relevant documents have
been provided and considered in the assessment of this request and that a
practical refusal reason exists in relation to this request.

 

As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request.

 

Request Consultation Process

 

To enable the Department to consider your request for access under the FOI
Act, the Department will require additional information concerning the
specific existing documents you are seeking access to.

 

You now have an opportunity to revise your request to enable it to
proceed.

 

To assist with searches, please provide the following information:

 

·       A specific date or timeframe. For example, from 1 May 2017 to 31
May 2017.

·       Written consent from Roman Quaedlieg, and photographic
identification for Roman Quaedlieg (for example, current Drivers Licence
or Passport); or

·       Reasons why you believe the release would not be unreasonable or
contrary to the public interest.

 

Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation,
you have 14 days to do one of the following:

 

·       withdraw your request;

·       make a revised request;

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

 

If you do not do one of the three things listed above during the
consultation period (14 days) or you do not consult the contact person
listed below during this period, the Department will take no further
action with your request.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact
[1][ABF request email]. 

 

Kind regards

 

FOI Officer - Jade

Freedom of Information

Department of Home Affairs

E: [2][ABF request email]

Personal-Privacy
OFFICIAL: Sensitive

 

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[ABF request email]
2. mailto:[ABF request email]

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:         FA 23/06/01005

 

Dear Sandra,

 

Freedom of Information Request

I refer to your email dated 18 June 2023 in which you requested access to
documents held by Department of Home Affairs under the Freedom of
Information Act 1982 (the FOI Act).

You specifically requested access to:

I request a copy of the farewell card signed by staff and handed to former
ABF Commissioner Roman Quaedlieg..

 

On 21 June 2023, Department notified you of its intention to refuse your
request due to the fact that the request does not satisfy the requirement
in section 15(2)(b) of the FOI Act, which requires you to provide such
information concerning the document you are seeking access to, to enable
the Department to be able to identify it.

In particular, Department notified you that, within 14 days of receipt of
that letter, you must advise Department that:

·         you wish to make a revised request; or

·         indicate that you do not wish to revise your request; or

·         withdraw your request.

The 14 day period has now expired.  As such, in accordance with section
24AB(7) of the FOI Act, Department considers that your request has been
withdrawn.

If you have any enquiries concerning this matter, please do not hesitate
to contact an FOI officer at [ABF request email].

 

Kind regards

 

FOI Officer - Jade

Freedom of Information

Department of Home Affairs

E: [1][ABF request email]

 

 

Personal-Privacy
OFFICIAL: Sensitive

 

 

From: FOI
Sent: Wednesday, 21 June 2023 12:54 PM
To: '[FOI #10387 email]'
<[FOI #10387 email]>
Subject: CM: FA 23/06/01005 Practical Refusal Notice
[SEC=OFFICIAL:Sensitive, ACCESS=Personal-Privacy]

 

OFFICIAL: Sensitive
Personal-Privacy

21 June 2023

Sandra

BY EMAIL:  [2][FOI #10387 email]

In reply please quote:

FOI Request:         FA 23/06/01005

Dear Sandra

I refer to your email dated 18 June 2023, in which you requested access to
documents held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

You have requested access to the following:

I request a copy of the farewell card signed by staff and handed to former
ABF Commissioner Roman Quaedlieg.

Intention to refuse request

I am writing to advise you that I intend to refuse your request on the
basis that a practical refusal reason exists. However, before I make a
final decision to do this, you have an opportunity to revise your request
to remove the practical refusal reason. This is called a ‘request
consultation process’. You have 14 days to respond to this notice in one
of the ways set out below.

Power to refuse request

Section 24 of the FOI Act provides that if the Department is satisfied
that a practical refusal reason exists in relation to a request, the
Department must undertake a consultation process with you, and if, after
that consultation process, the Department remains satisfied that the
practical refusal reason still exists, the Department may refuse to give
you access to the documents subject to the request.

Practical refusal

A practical refusal reason exists under section 24AA of the FOI Act if
either (or both) of the following applies:

(1)(a)(i) the work involved in the processing of the request would
substantially and unreasonably divert the resources of the Department from
its other operations

(1)(b)      the request does not satisfy the requirement in section
15(2)(b) of the FOI Act, which requires you to provide such information
concerning the document you are seeking access to, to enable the
Department to be able to identify it.

I consider that the request does not satisfy the requirements of section
15(2)(b) of the FOI Act, and accordingly that practical refusal reasons
exist under section 24AA(1)(b) of the FOI Act.

 

Reasons for practical refusal

 

The Department has considered the scope of this request and its capacity
to conduct searches of relevance based on the current scope. The Freedom
of Information Act 1982 provides a right to obtain access to “a document
of an agency”. It is my preliminary view that your request, in its current
form, does not satisfy the requirement in section 15(2)(b) of the FOI Act
and is therefore not valid.

 

Section 47F(1) of the FOI Act provides that documents are exempt from
release where this would involve unreasonable disclosure of personal
information. As you are seeking access to documents containing information
about Roman Quaedlieg it will assist the Department to make a decision on
your request if you provide written consent from Roman Quaedlieg.

 

Where possible, you should also provide photographic identification for
Roman Quaedlieg. This identification could include any of the following:
current Drivers Licence; or Passport.

 

If you anticipate any problems obtaining consent or photographic
identification, please contact me, using the email address provided below.

 

If you cannot obtain consent or photographic identification from Roman
Quaedlieg and you still wish to access their documents, you should write
to this office setting out reasons why you believe the release would not
be unreasonable or contrary to the public interest.

 

In cases where consent cannot be obtained the Department may be required
to consult the individual(s) concerned under section 27A of the FOI Act
prior to making an access decision.

 

In consideration of the above, I am satisfied that the Department is
currently unable to identify documents of relevance based on the
information provided in scope. I consider that this would result in the
decision maker being unable to certify that all relevant documents have
been provided and considered in the assessment of this request and that a
practical refusal reason exists in relation to this request.

 

As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request.

 

Request Consultation Process

 

To enable the Department to consider your request for access under the FOI
Act, the Department will require additional information concerning the
specific existing documents you are seeking access to.

 

You now have an opportunity to revise your request to enable it to
proceed.

 

To assist with searches, please provide the following information:

 

·         A specific date or timeframe. For example, from 1 May 2017 to 31
May 2017.

·         Written consent from Roman Quaedlieg, and photographic
identification for Roman Quaedlieg (for example, current Drivers Licence
or Passport); or

·         Reasons why you believe the release would not be unreasonable or
contrary to the public interest.

 

Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation,
you have 14 days to do one of the following:

 

·         withdraw your request;

·         make a revised request;

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

 

If you do not do one of the three things listed above during the
consultation period (14 days) or you do not consult the contact person
listed below during this period, the Department will take no further
action with your request.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact
[3][ABF request email]. 

 

Kind regards

 

FOI Officer - Jade

Freedom of Information

Department of Home Affairs

E: [4][ABF request email]

Personal-Privacy
OFFICIAL: Sensitive

 

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[ABF request email]
2. mailto:[FOI #10387 email]
3. mailto:[ABF request email]
4. mailto:[ABF request email]