27 October 2023
BE
BY EM AIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 23/08/00089
File Number:
FA 23/08/00089
Dear BE
Freedom of Information request – decision on access
I refer to your email dated 31 July 2023 in which you request access to documents held by the
Department of Home Affairs (the Department) under the
Freedom of Information Act 1982 (the
FOI Act).
Scope of Request
You have requested access to the following documents held by the Department:
Please provide a list of Ministerial Submissions sent to the Hon Clare O'Neil
during her appointment as the Minister for Home Affairs and Cyber Security
including PDR number and date (ie in same format as FOI FA22/10/00553
published on the Department's disclosure log)..
On 10 October 2023 the Department sent you a notice under section 24AB (2) of the Act,
advising you that a ‘practical refusal reason’ existed in relation to this request. The Department
advised you that your request met the definition of a practical refusal reason in section 24AA(1)
of the Act, as it appeared that the work involved in processing the request would ‘substantialy
and unreasonably divert the resources’ of the Department from its other operations.
Under the notice, you were provided with a 14-day ‘consultation period’, during which you could
consult with me about the scope of the request. The notice advised you that you were required
to respond before the end of the consultation period and either (a) withdraw your request or
(b) revise the scope of your request or (c) confirm that you did not wish to revise the scope.
The notice advised that if you failed to respond before the end of the consultation period to do
one of those three things, your request will be taken to have been withdrawn in accordance with
section 24AB(7) of the FOI Act. Please note, since this is an overdue request, the
Department’s decision is to refuse to give you access to the documents under section 24(1)(b)
of the Act.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 Telephone: 02 6264 1111
www.homeaffairs.gov.au
I am satisfied that the work involved in processing the request will substantially and
unreasonably divert the resources of this Department from its other op erations. Therefore, I
am satisfied that a practical refusal reason still exists under section 24AA(1)(a)(i) of the Act.
Decision
I am an officer authorised under section23 of the Act to make decisions in respect of requests
to access documents. My decision is to refuse access under section 24(1)(b) of the Act. My
reasons are set out below.
Section 24(1)(b) of the Act provides that, where a practical refusal reason exists, an agency
may refuse to process a request only if the agency has undertaken the ‘co nsultation process’
in section 24AB of the Act and, after completing the consultation, the agency remains satisfied
that a practical refusal reason exists.
I note that I have undertaken the consultation process in section 24AB. Nevertheless, I remain
satisfied that the request stil meets the definition of a ‘practical refusal reason’ in section
24AA(1)(a)(i) in that processing the request will involve a substantial and unreasonable
diversion of the Department’s resources.
Therefore, I am refusing your request for access under section 24(1)(b) of the Act.
Your FOI request has accordingly been closed on our system. I invite you to submit a new
request to the Department, should you wish to do so, taking into account my correspondence
to you on scope.
1
Your Review Rights
Information Commissioner review
You may apply directly to the Office of the Australian Information Commissioner (OAIC)
for an Information Commissioner review of this decision. You must apply in writing
within 60 days of this notice. For further information about review rights and how to
submit
a
request
for
a
review
to
the
OAIC,
please
see
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-
rights/freedom-of-information-reviews/information-commissioner-review.
2
Making a complaint
You may complain to the Information Commissioner about action taken by the
Department in relation to your request.
Your enquiries to the Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email
xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Information
Commissioner. The request should be in writing and should set out the grounds on
which it is considered that the action taken in relation to the request should be
investigated and identify the Department of Home Affairs as the relevant agency.
Contact
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
xxx@xxxxxxxxxxx.xxx.xx.
Electronically signed
Susan
Authorised Decision Maker
Department of Home Affairs