Information relating to funding of Westconnex in 2013
Dear Department of Infrastructure and Regional Development,
FOI Officer
I wish to request access to all documents relating to the Federal government funding of the Westconnex project between February 1 and July 31 2013,
Yours faithfully,
Wendy Bacon
Dear Ms Bacon
Your FOI request - FOI 17-03 - Notice of intention to refuse request
(S24(1) of the FOI Act)
I refer to your email of 7 July 2016, and to your request for access to
documents in the possession of the Department of Infrastructure and
Regional Development (the Department) in accordance with the Freedom of
Information Act 1982 (the FOI Act). Your request sought access to the
following:
“…all documents relating to the Federal government funding of the
Westconnex project between February 1 and July 31 2013.”
I am writing to notify you of our intention to refuse your request, in its
current form, in accordance with Section 24(1) of the FOI Act. Section 24
provides that an agency may refuse to process an FOI request if a
practical refusal reason, as defined in section 24AA, exists.
Section 24AA (1) relevantly provides:
(1) For the purposes of section 24, a [1]practical [2]refusal reason
exists in relation to a [3]request for a [4]document if either (or both)
of the following applies:
a. The work involved in processing the request;
i. In the case of any agency – would substantially and unreasonably
divert the resources of the agency from its other operations; or
ii. In the case of a Minister – would substantially and unreasonably
interfere with the performance of the Minister’s functions
b. The request does not satisfy the requirement in paragraph
15(2)(b)(identification of documents)
We consider that the request in its current form would unreasonably divert
the resources of the agency from its other operations.
I note that you have sought access to all documents relevant to your
request, although I appreciate your effort to constrain the scope of your
request through the use of a specific date range.
The Department has undertaken preliminary searches to locate the documents
you seek, including searches of the email accounts of relevant
departmental officers. These searches have identified over a thousand
individual emails that are potentially relevant to your request. In a
random sample study undertaken of these emails a large number of
attachments were identified. The sample indicated that as many as 3000
potentially relevant documents were held electronically in connection to
those emails.
On the basis of the resources required to process only the extrapolated
sample of documents already identified, and making no allowance for the
work required to exempt any material, to process your request would
require well in excess of 250 hours of Departmental resources.
In accordance with the FOI Act I am writing to notify of our intention to
refuse your request. In order for your FOI request to be processed we
invite you to discuss the scope of your request.
You may choose to limit the types of documents sought, or further restrict
the date range in order to remove the practical refusal reason.
Please contact me if you have any questions regarding the processing of
your request. I can be reached by telephone on (02) 6274 6495 (or through
the Department’s switchboard number on 1800 075 001) or by email at
[5][email address].
To assist the Department in responding to your future communication on
this request, please quote the FOI tracking number located in the subject
line.
Please note that in accordance with Section 24AB(2)(e) you have 14 days
from the date of this email to contact the Department regarding your
request. If we do not hear from you in this time your request will be
deemed to be withdrawn.
Kind regards,
FOI Officer | Governance and Performance
Governance Unit | Corporate Services
Department of Infrastructure and Regional
Development
GPO Box 594, Canberra ACT 2601 [8]Australian Government,
t 02 6274 6495 | Department of
e [6][email address] | w Infrastructure and Regional
[7]www.infrastructure.gov.au Development
[9]Strip
References
Visible links
1. http://www.austlii.edu.au/au/legis/cth/c...
2. http://www.austlii.edu.au/au/legis/cth/c...
3. http://www.austlii.edu.au/au/legis/cth/c...
4. http://www.austlii.edu.au/au/legis/cth/c...
5. mailto:[email address]
6. mailto:[email address]
7. http://www.infrastructure.gov.au/
Dear Ms Bacon
I refer to the email below sent to you on Wednesday 27 July. The
Department wrote to you advising you that, in its current form, the
processing of your FOI request would unreasonably divert the resources of
the Department. In accordance with Section 24AB(2)(e) you were offered the
opportunity to refine the scope of your request within 14 days. Noting
that 16 days have passed, accordingly your request has been deemed to be
withdrawn.
Regards
Fiorella Del Aguila
FOI Officer | Governance and Performance
Governance Unit | Corporate Services
Department of Infrastructure and Regional
Development
GPO Box 594, Canberra ACT 2601 [1]Australian
02 6274 6402 | Government, Department
[email address] | of Infrastructure and
www.infrastructure.gov.au Regional Development
[2]Strip
From: FOI
Sent: Wednesday, 27 July 2016 1:23 PM
To: [FOI #2047 email]
Cc: FOI <[email address]>
Subject: Your FOI request - FOI 17-03 - Notice of intention to refuse
request (S24(1) of the FOI Act) [SEC=UNCLASSIFIED]
Dear Ms Bacon
Your FOI request - FOI 17-03 - Notice of intention to refuse request
(S24(1) of the FOI Act)
I refer to your email of 7 July 2016, and to your request for access to
documents in the possession of the Department of Infrastructure and
Regional Development (the Department) in accordance with the Freedom of
Information Act 1982 (the FOI Act). Your request sought access to the
following:
“…all documents relating to the Federal government funding of the
Westconnex project between February 1 and July 31 2013.”
I am writing to notify you of our intention to refuse your request, in its
current form, in accordance with Section 24(1) of the FOI Act. Section 24
provides that an agency may refuse to process an FOI request if a
practical refusal reason, as defined in section 24AA, exists.
Section 24AA (1) relevantly provides:
(1) For the purposes of section 24, a [3]practical [4]refusal reason
exists in relation to a [5]request for a [6]document if either (or both)
of the following applies:
a. The work involved in processing the request;
i. In the case of any agency – would substantially and unreasonably
divert the resources of the agency from its other operations; or
ii. In the case of a Minister – would substantially and unreasonably
interfere with the performance of the Minister’s functions
b. The request does not satisfy the requirement in paragraph
15(2)(b)(identification of documents)
We consider that the request in its current form would unreasonably divert
the resources of the agency from its other operations.
I note that you have sought access to all documents relevant to your
request, although I appreciate your effort to constrain the scope of your
request through the use of a specific date range.
The Department has undertaken preliminary searches to locate the documents
you seek, including searches of the email accounts of relevant
departmental officers. These searches have identified over a thousand
individual emails that are potentially relevant to your request. In a
random sample study undertaken of these emails a large number of
attachments were identified. The sample indicated that as many as 3000
potentially relevant documents were held electronically in connection to
those emails.
On the basis of the resources required to process only the extrapolated
sample of documents already identified, and making no allowance for the
work required to exempt any material, to process your request would
require well in excess of 250 hours of Departmental resources.
In accordance with the FOI Act I am writing to notify of our intention to
refuse your request. In order for your FOI request to be processed we
invite you to discuss the scope of your request.
You may choose to limit the types of documents sought, or further restrict
the date range in order to remove the practical refusal reason.
Please contact me if you have any questions regarding the processing of
your request. I can be reached by telephone on (02) 6274 6495 (or through
the Department’s switchboard number on 1800 075 001) or by email at
[7][email address].
To assist the Department in responding to your future communication on
this request, please quote the FOI tracking number located in the subject
line.
Please note that in accordance with Section 24AB(2)(e) you have 14 days
from the date of this email to contact the Department regarding your
request. If we do not hear from you in this time your request will be
deemed to be withdrawn.
Kind regards,
FOI Officer | Governance and Performance
Governance Unit | Corporate Services
Department of Infrastructure and Regional
Development
GPO Box 594, Canberra ACT 2601 [10]Australian Government,
t 02 6274 6495 | Department of
e [8][email address] | w Infrastructure and Regional
[9]www.infrastructure.gov.au Development
[11]Strip
References
Visible links
3. http://www.austlii.edu.au/au/legis/cth/c...
4. http://www.austlii.edu.au/au/legis/cth/c...
5. http://www.austlii.edu.au/au/legis/cth/c...
6. http://www.austlii.edu.au/au/legis/cth/c...
7. mailto:[email address]
8. mailto:[email address]
9. http://www.infrastructure.gov.au/