2023/14706
Karen
Right to Know
Via email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Karen
FREEDOM OF INFORMATION ACCESS APPLICATION
I refer to your application under the
Freedom of Information Act 2016 (the Act), received by the
Justice and Community Safety (JACS) Directorate on 18 September 2023 fol owing consultation
with the directorate on the scope of the request. Following advice from the JACS Freedom of
Information team (JACS FOI) you submitted an amended scope and sought access to:
“al INTERNAL emails and memos from 1 July 2021 to 30 June 2023 with the
words "rectification"; "builder" (and/or "nominee") and "statute of
limitations"(OR its internal abbreviation).”
Authority
I am an Information Officer appointed by the Director-General under section 18 of the Act to
deal with access applications made under Part 5 of the Act.
Intention to Refuse
I am writing to advise you of my intention to refuse to deal with your application in its
current form, under section 43(1)(a) of the Act.
Grounds for refusal
I intend to refuse to deal with the application in its current form on the grounds set out in
the fol owing section of the Act:
43 Refusing to deal with application—general
(1) A respondent may refuse to deal with an access application wholly or in part only
if—
(a) dealing with the application would require an unreasonable and substantial
diversion of the respondent’s resources (see section 44).
44 Refusing to deal with application—unreasonable and substantial diversion of
resources
(1) For section 43(1) (a), dealing with an access application would require an
unreasonable and substantial diversion of the respondent’s resources only if—
(a) the resources required to identify, locate, collate and examine any
information held by the respondent, including the resources required in
obtaining the views of relevant third parties under section 38, would
substantial y inhibit the ability of the respondent to exercise its functions; and
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Freedom of Information Access Application - Decision Letter – JACS2022/14138
(b) the extent to which the public interest would be advanced by giving access to
the information does not justify the use of the required resources.
ACT Courts and Tribunal (ACTCT) have determined that upwards of 4000 files would need to
be reviewed to locate information within scope of your request.
I have determined that the work required to col ate, examine the information, and consult
the relevant third parties would be an unreasonable and substantial diversion of resources.
ACTCT and the JACS FOI team’s ability to perform its functions would be severely inhibited
and I do not consider that the public interest would be advanced enough to justify such a
diversion.
Consultation Period
Before I make a decision, you have an opportunity to provide me with an amended
application or any additional information relevant to your application that would address the
concerns with your application outlined above. If you do so, I recommend that you address
my reasons outlined above for intending to refuse your application.
If you decide not to provide any further information or submit a revised application by
14 November 2023, your access application will be taken as withdrawn. You are entitled to
amend your application, and if you do, the day the amended application is received becomes
the commencement date of the decision process.
If you have any queries concerning the directorate’s processing of your request, or would
like further information, please contact JACS FOI v
ia xxxxxxx@xxx.xxx.xx or phone 6207 2167.
Yours sincerely
Amanda Nuttall
Information Officer
31 October 2023
