Sexualt assault in the armed forces

UNCLASSIFIED

Good morning

Thank you for your email. Your email has been forwarded for consideration/action.

Kind regards

FOI Operations
[email address]
(02) 6266 2200
http://www.defence.gov.au/foi/

UNCLASSIFIED

Good afternoon Ms Facer,

I write in regards to the two FOI inquiries you submitted via the Right to
Know website. Upon review of those requests, and in accordance with
section 24(2)(b) [power to refuse request - diversion of resources etc.]
of the FOI Act, I consider that they should be treated as a single
request. Accordingly, your two requests have been combined and registered
as FOI 261/15/16. The scope of your request has been amended to:

I am requesting statistics and correspondence relating to rape, sexual
assault and sexual harassment within the Australian defence forces from
2005 until the present; and

statistics and correspondence relating to rape, sexual assault and sexual
harassment among army cadets from 2005 until the present.

The Office of the Australian Information Commissioner Guidelines paragraph
3.108 also provides advice that multiple requests can be combined as a
single request under section 24(2) of the FOI Act if there is a clear
connection between the subject matter of the documents.

I note that your request is seeking access to 'correspondence' relating to
the above mentioned matter. Your request does not provide any further
information about what you consider correspondence to mean. We have
interpreted this to mean all correspondence relating to rape, sexual
assault and sexual harassment. Please be advised that a request for all
document 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 and
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, I consider 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 Defence from its other operations.

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 the relevant area 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.

If you are considering revising the scope of your request, I would suggest
you consider reducing the timeframe you have mentioned. Also, it would
assist if you could provide further details about the type of
correspondence you are seeking. Finally, the Defence annual report is
published online and contains statistics which may meet part of the scope
of 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.

If we have reason to correspond with you further, unless you advise
otherwise, we will correspond with you by email at:
[1][FOI #1650 email]

Kind regards

Theresa Stinson

Assistant Director - Media Case Management

Freedom of Information

Governance and Reform Division

Building F065

Level 2 - 057

Gallipoli Barracks

ENOGGERA QLD 4051

Ph: (07) 3332 6359

Alternative email: [2][email address]

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FOI Guidelines:
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