UNCLASSIFIED

 

For you to send:

 

Our ref:  1611-F1576

 

Dear Mr Gothe-Snape

 

Thank you for your below e-mail, seeking access under the Freedom of
Information Act 1982 (the FOI Act) to:

 

the topics list for briefs created in preparation for hearings of Senate
2016-2017 Supplementary Budget Estimates.

 

Practical refusal reason

Notice is hereby given under section 24AB(2) of the FOI Act of an
intention to refuse to grant access to the documents sought.  The
practical refusal reason is that the work involved in processing the
request would substantially and unreasonably divert the resources of DFAT
from its other operations.

 

In deciding that this practical refusal reason exists, I have given
consideration to how DFAT could proceed to process your request, and the
time and resources that would be involved in doing so.  DFAT does not have
a centralised repository for such briefing, which is compiled and held by
each line area.  Therefore, in order to process your request, we would
need to seek input from every Branch within the Department.  I am of the
view that doing so would constitute a substantial and unreasonable
diversion of DFAT’s resources within the meaning of section 24AA(1). 

 

Consultation process

In accordance with section 24AB(2)(e), the consultation period during
which you may consult with me to revise the scope of your request is 14
days after the day you are given this notice. Please note that if you do
not take this opportunity to consult, in accordance with section
24AB(7)(a), your request will be taken to have been withdrawn under
section 24AB(6).

 

I am the DFAT officer with whom you may consult if you wish to revise the
request to a narrower scope such that it could in fact be processed. I may
be contacted by email at: [DFAT request email] and I am happy to take any
reasonable steps provide you, so far as is reasonably practicable, with
any information that I can to assist you in amending your request under
the FOI Act.

 

I note that the Hansard of DFAT’s appearance before the Foreign Affairs,
Defence and Trade Legislation Committee is publicly available at: 
[1]http://parlinfo.aph.gov.au/parlInfo/down...

This might assist you in narrowing your request to a particular topic of
interest.

 

Please note that during this period of consultation, the statutory
timeframe under section 15(5) of the FOI Act for the processing of your
request is on hold (see section 24AB(8) for details).

 

I have attached a copy of sections 24, 24AA and 24AB of the FOI Act for
your information.

Yours sincerely

 

 

 

 

Helen Horsington

Director

Freedom of Information and Privacy Law Section

Attachment A

24  Power to refuse request—diversion of resources etc.

               (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.

               (2)          For the purposes of this section, the agency
or Minister may treat 2 or more requests as a single request if the agency
or Minister is satisfied that:

               (a)          the requests relate to the same document or
documents; or

               (b)          the requests relate to documents, the subject
matter of which is substantially the same.

24AA  When does a practical refusal reason exist?

               (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

               (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).

               (2)          Subject to subsection (3), but without
limiting the matters to which the agency or Minister may have regard, in
deciding whether a practical refusal reason exists, the agency or Minister
must have regard to the resources that would have to be used for the
following:

               (a)          identifying, locating or collating the
documents within the filing system of the agency, or the office of the
Minister;

               (b)          deciding whether to grant, refuse or defer
access to a document to which the request relates, or to grant access to
an edited copy of such a document, including resources that would have to
be used for:

               (i)            examining the document; or

               (ii)           consulting with any person or body in
relation to the request;

               (c)           making a copy, or an edited copy, of the
document;

               (d)          notifying any interim or final decision on the
request.

               (3)          In deciding whether a practical refusal reason
exists, an agency or Minister must not have regard to:

               (a)          any reasons that the applicant gives for
requesting access; or

               (b)          the agency’s or Minister’s belief as to what
the applicant’s reasons are for requesting access; or

               (c)           any maximum amount, specified in the
regulations, payable as a charge for processing a request of that kind.

24AB  What is a request consultation process?

Scope

               (1)          This section sets out what is a request
consultation process for the purposes of section 24.

Requirement to notify

               (2)          The agency or Minister must give the applicant
a written notice stating the following:

               (a)          an intention to refuse access to a document in
accordance with a request;

               (b)          the practical refusal reason;

               (c)           the name of an officer of the agency or
member of staff of the Minister (the contact person) with whom the
applicant may consult during a period;

               (d)          details of how the applicant may contact the
contact person;

               (e)          that the period (the consultation period)
during which the applicant may consult with the contact person is 14 days
after the day the applicant is given the notice.

Assistance to revise request

               (3)          If the applicant contacts the contact person
during the consultation period in accordance with the notice, the agency
or Minister must take reasonable steps to assist the applicant to revise
the request so that the practical refusal reason no longer exists.

               (4)          For the purposes of subsection (3), reasonable
steps includes the following:

               (a)          giving the applicant a reasonable opportunity
to consult with the contact person;

               (b)          providing the applicant with any information
that would assist the applicant to revise the request.

Extension of consultation period

               (5)          The contact person may, with the applicant’s
agreement, extend the consultation period by written notice to the
applicant.

Outcome of request consultation process

               (6)          The applicant must, before the end of the
consultation period, do one of the following, by written notice to the
agency or Minister:

               (a)          withdraw the request;

               (b)          make a revised request;

               (c)           indicate that the applicant does not wish to
revise the request.

               (7)          The request is taken to have been withdrawn
under subsection (6) at the end of the consultation period if:

               (a)          the applicant does not consult the contact
person during the consultation period in accordance with the notice; or

               (b)          the applicant does not do one of the things
mentioned in subsection (6) before the end of the consultation period.

Consultation period to be disregarded in calculating processing period

               (8)          The period starting on the day an applicant is
given a notice under subsection (2) and ending on the day the applicant
does one of the things mentioned in paragraph (6)(b) or (c) is to be
disregarded in working out the 30 day period mentioned in paragraph
15(5)(b).

Note:     Paragraph 15(5)(b) requires that an agency or Minister take all
reasonable steps to notify an applicant of a decision on the applicant’s
request within 30 days after the request is made.

No more than one request consultation process required

               (9)          To avoid doubt, this section only obliges the
agency or Minister to undertake a request consultation process once for
any particular request.

 

show quoted sections

UNCLASSIFIED

 

FOI request: 1611-F1576

 

 

Dear Mr Gothe-Snape,

 

As you have not responded to my e-mail of 16 November notifying you of my
intention to refuse your FOI request on the grounds that processing it
would require an unreasonable diversion of the Department’s resources,
your request has been deemed to be withdrawn, in accordance with section
24AB(7) of the FOI Act.

 

Internal review:

Under the provisions of section 54 of the FOI Act, you are entitled to
request a review of my access decision.  Your request in writing within 30
days of the date of this letter should be directed to:

 

Director

Freedom of Information and Privacy Law Section

Department of Foreign Affairs and Trade

R G Casey Building

John McEwen Crescent

Barton  ACT  0221

 

Australian Information Commissioner:

Under the provisions of section 54 of the FOI Act, you are entitled to
request a review by the Australian Information Commissioner of my access
decision.  You may also make a complaint to the Australian Information
Commissioner under section 70 on the Department’s performance of its
functions or the exercise of power under the FOI Act.

 

Your request for review or complaint should be directed to:

 

GPO Box 5218

Sydney NSW 2001

Telephone: 1300 363 992

Fax: (02) 9284 9666

Email: [1][email address]

 

Complaints to the Commonwealth Ombudsman:

You may complain to the Ombudsman concerning actions taken by an agency in
the exercise of its powers or, more specifically, the performance of its
functions under the FOI Act.  There is no fee for making a complaint.

 

You may complain to the Ombudsman by calling or writing to:

 

Commonwealth Ombudsman

GPO Box 442

Canberra ACT 2601

Telephone: 1300 362 072

Fax: (02) 6249 7829        

 

Yours sincerely

 

Helen Horsington

Director

Legal Division

 

 

 

From: Cheung, Ada On Behalf Of FOI
Sent: Wednesday, 16 November 2016 1:33 PM
To: Jackson Gothe-Snape <[FOI #2732 email]>
Subject: RE: Freedom of Information request - Supplementary Budget
Estimates topics [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

For you to send:

 

Our ref:  1611-F1576

 

Dear Mr Gothe-Snape

 

Thank you for your below e-mail, seeking access under the Freedom of
Information Act 1982 (the FOI Act) to:

 

the topics list for briefs created in preparation for hearings of Senate
2016-2017 Supplementary Budget Estimates.

 

Practical refusal reason

Notice is hereby given under section 24AB(2) of the FOI Act of an
intention to refuse to grant access to the documents sought.  The
practical refusal reason is that the work involved in processing the
request would substantially and unreasonably divert the resources of DFAT
from its other operations.

 

In deciding that this practical refusal reason exists, I have given
consideration to how DFAT could proceed to process your request, and the
time and resources that would be involved in doing so.  DFAT does not have
a centralised repository for such briefing, which is compiled and held by
each line area.  Therefore, in order to process your request, we would
need to seek input from every Branch within the Department.  I am of the
view that doing so would constitute a substantial and unreasonable
diversion of DFAT’s resources within the meaning of section 24AA(1). 

 

Consultation process

In accordance with section 24AB(2)(e), the consultation period during
which you may consult with me to revise the scope of your request is 14
days after the day you are given this notice. Please note that if you do
not take this opportunity to consult, in accordance with section
24AB(7)(a), your request will be taken to have been withdrawn under
section 24AB(6).

 

I am the DFAT officer with whom you may consult if you wish to revise the
request to a narrower scope such that it could in fact be processed. I may
be contacted by email at: [2][DFAT request email] and I am happy to take any
reasonable steps provide you, so far as is reasonably practicable, with
any information that I can to assist you in amending your request under
the FOI Act.

 

I note that the Hansard of DFAT’s appearance before the Foreign Affairs,
Defence and Trade Legislation Committee is publicly available at: 
[3]http://parlinfo.aph.gov.au/parlInfo/down...

This might assist you in narrowing your request to a particular topic of
interest.

 

Please note that during this period of consultation, the statutory
timeframe under section 15(5) of the FOI Act for the processing of your
request is on hold (see section 24AB(8) for details).

 

I have attached a copy of sections 24, 24AA and 24AB of the FOI Act for
your information.

Yours sincerely

 

 

 

 

Helen Horsington

Director

Freedom of Information and Privacy Law Section

 

Attachment A

24  Power to refuse request—diversion of resources etc.

               (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.

               (2)          For the purposes of this section, the agency
or Minister may treat 2 or more requests as a single request if the agency
or Minister is satisfied that:

               (a)          the requests relate to the same document or
documents; or

               (b)          the requests relate to documents, the subject
matter of which is substantially the same.

24AA  When does a practical refusal reason exist?

               (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

               (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).

               (2)          Subject to subsection (3), but without
limiting the matters to which the agency or Minister may have regard, in
deciding whether a practical refusal reason exists, the agency or Minister
must have regard to the resources that would have to be used for the
following:

               (a)          identifying, locating or collating the
documents within the filing system of the agency, or the office of the
Minister;

               (b)          deciding whether to grant, refuse or defer
access to a document to which the request relates, or to grant access to
an edited copy of such a document, including resources that would have to
be used for:

               (i)            examining the document; or

               (ii)           consulting with any person or body in
relation to the request;

               (c)           making a copy, or an edited copy, of the
document;

               (d)          notifying any interim or final decision on the
request.

               (3)          In deciding whether a practical refusal reason
exists, an agency or Minister must not have regard to:

               (a)          any reasons that the applicant gives for
requesting access; or

               (b)          the agency’s or Minister’s belief as to what
the applicant’s reasons are for requesting access; or

               (c)           any maximum amount, specified in the
regulations, payable as a charge for processing a request of that kind.

24AB  What is a request consultation process?

Scope

               (1)          This section sets out what is a request
consultation process for the purposes of section 24.

Requirement to notify

               (2)          The agency or Minister must give the applicant
a written notice stating the following:

               (a)          an intention to refuse access to a document in
accordance with a request;

               (b)          the practical refusal reason;

               (c)           the name of an officer of the agency or
member of staff of the Minister (the contact person) with whom the
applicant may consult during a period;

               (d)          details of how the applicant may contact the
contact person;

               (e)          that the period (the consultation period)
during which the applicant may consult with the contact person is 14 days
after the day the applicant is given the notice.

Assistance to revise request

               (3)          If the applicant contacts the contact person
during the consultation period in accordance with the notice, the agency
or Minister must take reasonable steps to assist the applicant to revise
the request so that the practical refusal reason no longer exists.

               (4)          For the purposes of subsection (3), reasonable
steps includes the following:

               (a)          giving the applicant a reasonable opportunity
to consult with the contact person;

               (b)          providing the applicant with any information
that would assist the applicant to revise the request.

Extension of consultation period

               (5)          The contact person may, with the applicant’s
agreement, extend the consultation period by written notice to the
applicant.

Outcome of request consultation process

               (6)          The applicant must, before the end of the
consultation period, do one of the following, by written notice to the
agency or Minister:

               (a)          withdraw the request;

               (b)          make a revised request;

               (c)           indicate that the applicant does not wish to
revise the request.

               (7)          The request is taken to have been withdrawn
under subsection (6) at the end of the consultation period if:

               (a)          the applicant does not consult the contact
person during the consultation period in accordance with the notice; or

               (b)          the applicant does not do one of the things
mentioned in subsection (6) before the end of the consultation period.

Consultation period to be disregarded in calculating processing period

               (8)          The period starting on the day an applicant is
given a notice under subsection (2) and ending on the day the applicant
does one of the things mentioned in paragraph (6)(b) or (c) is to be
disregarded in working out the 30 day period mentioned in paragraph
15(5)(b).

Note:     Paragraph 15(5)(b) requires that an agency or Minister take all
reasonable steps to notify an applicant of a decision on the applicant’s
request within 30 days after the request is made.

No more than one request consultation process required

               (9)          To avoid doubt, this section only obliges the
agency or Minister to undertake a request consultation process once for
any particular request.

 

show quoted sections