8 December 2023
Trent Morrison-Francis
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 23/11/00009
File Number:
FA23/11/00009
Dear Trent Morrison-Francis
Freedom of Information (FOI) request – Access Decision
I refer to your email dated 31 October 2023, in which you requested access to documents held
by the Department of Home Affairs (Department) under the
Freedom of Information Act 1982
(the FOI Act).
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
1
Scope of request
You have requested access to the following documents:
I, Trent Morrison-Francis, am requesting access to documents under the Freedom of
Information Act 1982. Specifically, I am seeking:
Al active Memorandum of Understanding, Heads of Agreement, Data Sharing
Agreements, and Service Contracts that result in the sharing of veteran data, even if de-
identified. I am looking for similar documents for programs and agreements that ceased
within the last 10 years or are stil active.
I prefer to receive these documents electronically via the Right to Know system by
responding to the email through which this request has been sent.
On 28 November 2023 the Department sent you a notice under section 24AB of the FOI Act,
advising you that a ‘practical refusal reason’ existed in relation to this request, as it appeared that
the work involved in processing the request would ‘substantially 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 the Department about the scope of the request.
Level 3/299 Adelaide Street • xxx@xxxxxxxxxxx.xxx.xx • www.homeaffairs.gov.au
You responded to the notice on 4 December 2023 without providing a revised scope for the
Department to consider.
2
Decision
I am an officer authorised under section 23 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 FOI Act provides that where a practical refusal reason exists, an agency
may refuse to process a request only if the agency has undertaken the ‘consultation process’ in
s24AB 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 and note that the practical
refusal reasons still exist. I therefore 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 wil involve a
substantial and unreasonable diversion of the Department’s resources.
I therefore refuse your request for access under section 24(1)(b) of the Act.
Your FOI request has accordingly been finalised. I invite you to submit a new request to the
Department, should you wish to reconsider a new scope.
3
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Series/C2004A02562. If you
are unable to access the legislation through this website, please contact our office for a copy.
4
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.
5
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.
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6
Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
xxx@xxxxxxxxxxx.xxx.xx.
Yours sincerely
[Electronically signed]
Anjani
Position No. 60165359
Authorised FOI Officer - Freedom of Information
FOI and Records Management Branch | Legal Group
Department of Home Affairs | www.homeaffairs.gov.au
Email xxx@xxxxxxxxxxx.xxx.xx
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