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OFFICIAL
In reply, please quote:
17 January 2023
FOI30/123
CR
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear CR,
Re: Freedom of Information Request Consultation Process
1. I refer to your email dated 18 December 2023 to the Bureau of Meteorology ('the Bureau'),
in which you request access to documents under the
Freedom of Information Act 1982
('FOI Act')
1. The Bureau acknowledged your email on 21 December 2023, and sought
clarification with respect to your access request; on the same date you replied by providing
a revised request.
Attachment A contains copy of this access request.
2. On 29 December 2023, you (also under the pseudonym 'CR') submit ed a further request
under the FOI Act
2. A copy of this access request is also contained in
Attachment A3.
3. I am authorised under section 23(1) of the FOI Act to issue this notice to you pursuant to
s 24AB(2). This is notice of my view that a practical refusal reason exists in relation to your
access request (as combined). Further follows.
Dealing with multiple requests
4. As noted above, you made two access requests to the Bureau under the FOI Act.
5. Paragraphs [3.122]-[3.123] of the
FOI Guidelines, as issued by the Australian Information
Commissioner under s 93 of the FOI Act, provides
4:
In deciding whether a practical refusal reason exists, two or more requests may be treated as
a single request if the agency or minister is satisfied that:
• the requests relate to the same document or documents (s 24(2)(a))
• the subject matter is substantial y the same for the requests (s 24(2)(b)).
The most common circumstance in which requests may be combined under s 24(2) is likely to
be multiple requests from a single applicant. However, s 24(2) can also apply to two or more
requests from different applicants. An example is where different applicants made more than
100 requests for documents relating to individual incidents reported on a single spread sheet
published on an agency’s disclosure log. Multiple requests can only be combined as a single
request under s 24(2) if there is a clear connection between the subject matter of the
1 The Bureau's Reference number for this is FOI30/123.
2 The Bureau's Reference number for this is FOI30/124.
3 Both of your access under your pseudonym 'CR' is accessible on the Right to Know website:
https://www.righttoknow.org.au/body/bom.
4 Citation omitted. Also, having regards to paragraphs [3.122]-[3.126].
Melbourne Office
GPO Box 1289, Melbourne VIC 3001 Australia | T: +61 3 9669 4000 | www.bom.gov.au | ABN 92 637 533 532
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requested documents. Straightforward examples are where one request is for folios 1–100 of
a file, and another request for folios 101–200 on the same file; or where three requests relate
to three different chapters of one report.
6. Having regard to your two access requests, it is my view that both requests are
substantially the same or that they relate to the same document/documents. Accordingly,
those requests are being treated as a single request. The combined request has been
allocated reference number FOI30/123.
7. Your access request (as combined) comprises of the following:
1. Documents (in the ordinary sense of the word) that include directives, procedures, or instructions
pertaining to the provision of the Severe Thunderstorm Warning Service in the Queensland region.
This encompasses the Queensland Severe Thunderstorm Directive, the Queensland Severe
Weather Directive, and the Weather and Oceanographic Services Handbook.
2. Emails and communications that relate to changes or updates regarding the directives, procedures,
or instructions for the provision of the Severe Thunderstorm Warning Service in the Queensland
region. This may include correspondence highlighting amendments to procedures or the
introduction of new versions of relevant documents. The timeframe for this part of the request is
limited to the period from January 1, 2023, to December 18, 2023.
3. Documents (in the ordinary sense of the word) solely dedicated to the Australian Integrated
Forecasting System. This may include a handbook, procedures, or directives related to the system.
4. Documents (in the ordinary sense of the word) solely focused on the Disaster Mitigation Program.
This may include a policy handbook, procedures, or directives associated with the program.
5. Documents (in the ordinary sense of the word) that include directives, procedures, or instructions
pertaining to the provision of Heatwave warnings in the Queensland region.
6. Documents (in the ordinary sense of the word) that include directives, procedures, or instructions
pertaining to the provision of tropical cyclone warnings in Australia.
In relation to 'Items 5 and 6'
5, you wrote '
Please provide the latest final versions of the above
documents. I also request that any draft versions of the listed documents be provided separately from
the final version'
6.
(I refer to this as 'your request'.)
Practical refusal reason
8. In my view, the scope of your request is broad. In its current form, I consider the work
involved in processing your request would substantially and unreasonably divert the
resources of the Bureau from its other operations. This view includes consideration that,
to process your request, there would be an unreasonable diversion of limited specialist
staff from their crucial operational duties during this current peak weather season.
9. I have decided that a practical refusal reason exists because the amount of time involved
in fulfilling your request would be in excess of 430 hours. Based on our preliminary
assessment of your request, majority of this time would involve:
5 Items 5 and 6 in this combined access request as reproduced here are 'Items 1 and 2' in your
access request dated 29 Dember 2023 (Ref: FOI30/124). Attachment A contains a copy of the access
request.
6 These are words taken from your access request dated 29 Dember 2023 (Ref: FOI30/124).
Attachment A contains a copy of the access request.
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a. Our staff, including our specialist staff earlier noted, undertaking extensive
searches to identify all documents relevant to your request. This process would
include taking all reasonable steps to locate and retrieve electronic and/or
hardcopy documents. We consider this process extensive because of the
considerable breadth of your request, not merely in terms of the wide timeframe.
For example, aside from 'Item 2' of your request, many other parts are not bound
by any stated timeframe; they are broad in range. This means document
searches are to cover all relevant 'documents' (as broadly stated) within a
potentially very broad timeframe. This may entail, for instance, the search for all
emails (including emails of former and current staff members and any involving
third parties) across a very wide timeframe (up to and inclusive of the date of your
access request); the meaning of 'document' not being limited to emails.
b. Each relevantly retrieved document wil need to be reviewed to identify whether
the whole document or merely part of one is relevant to your request.
c. Staff wil need to then prepare a copy of each document in scope. This practically
includes the copying of or, in the case of hardcopy materials, the scanning of
documents.
d. Staff wil need to review each page of each document to identify whether any
material is exempt from release (for example, it contains personal information), or
whether some material relates to third parties. Where third party consultation is
considered appropriate, documents must be prepared for that process.
I also note that your request is broadly expressed to include material either not in
scope of your request or are duplicates. The review process will need to consider
these matters.
e. Processing your request wil involve preparing the relevant decision and
document schedule (including considering consultation responses where
relevant), as well as preparing documents for release, including removing any
exempt or irrelevant material (where relevant).
10. I note the estimate provided above is conservative in character. The estimate is based on
preliminary electronic searches where keywords (such as 'procedure' or 'policy handbook')
were iteratively entered into the Bureau's electronic system. Further, this preliminary
assessment was limited to a timeframe of 1 January 2016 to 29 December 2023 (inclusive)
to obtain an indication of the work involved in processing your request.
11. Your request as currently stated is broader than our preliminary efforts, both in terms of
timeframe and the type of 'documents' it includes. We anticipate that the total number
documents to be processed will be greater than the estimate. For instance, our estimate
does not take account of the following matters:
a. Five Items of your request have no clearly expressed timefram
e7. Further searches
involving a broader range of time would need to be undertaken. This broader
search is likely to capture a greater set of documents that wil need to be retrieved,
prepared, and reviewed.
7 Only 'Item 2' provides a timeframe of '
from January 1, 2023, to December 18, 2023'.
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b. The estimate is based on preliminary searches with keywords taken from four
Items of your request. Further searches involving other keywords for all Items and
across broader timeframe would need to be undertaken. For this process, I am
advised that there are technical limitations in conducting electronic searches for
documents where a request involves broad parameters (as is the case with your
request).
12. In other words, to process your request, further and reasonably fuller searches involving
a greater set of keywords across all parts of your request and a wider timeframe (where
necessary) would be required. In my view, processing your request would substantially
and unreasonably divert its staff and other resources from their current duties or focus.
13. Having regard to the above and other relevant considerations, I intend to refuse access to
the documents in scope of your request. This is called a ‘practical refusal reason’, as set
out in section 24AA of the FOI Act.
Request consultation process
14. You now have an opportunity to revise your request to enable it to proceed. This is called
a ‘request consultation process’ as set out under section 24AB of the FOI Act.
15. You have 14 days to respond to this notice in one of the ways set out below. I
encourage you to respond.
16. Before the end of the consultation period, you must do one of the following, in
writing:
A. withdraw your request
B. make a revised request
C. tell us that you do not wish to revise your request.
17. Some suggestions for reducing the work involved in your request include:
a. Reducing the period of time for which you are seeking access to the documents.
As earlier noted, only one Item ('Item 2') contains a clear timeframe. You may
consider, for example, reducing for all parts of your request the time to a one-month
period.
b. As earlier noted, your request is also broadly expressed with six Items that appears
inclusive of many types of 'documents'. You may consider providing further details
specifying or narrowing the particular documents for which you seek access to. For
example, you may consider limiting the documents you seek to be 'policy
handbook' or 'procedure'; or limiting documents to be only emails sent/received
between particular persons.
c. You may consider excluding any materials involving third parties. This might avoid
the need to consult third parties.
18. Please keep in mind that revising the scope of your request does not preclude you from
making another request for access to documents under the FOI Act at a later date.
Timeframe and next steps
19. The consultation period runs for
14 days and starts on the day after you receive this notice.
20. During this period, you are welcome to seek assistance from the Bureau’s FOI Of icer to
revise your request. If you revise your request in a way that adequately addresses the
practical refusal grounds outlined above, we wil recommence processing it.
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21. Please note that the time taken to consult you regarding the scope of your request is not
taken into account for the purposes of the 30-day time limit for processing your request.
22. If we do not hear from you during the consultation period, your request wil be taken to
have been withdrawn.
23. Please email
xxx@xxx.xxx.xx during this period to advise us which of option —A, B or
C set out above.
For further information
24. If you would like to revise your request or you have any questions about this letter, or
need further information, please do not hesitate to contact
xxx@xxx.xxx.xx.
25. The Bureau aims to provide accessible documents. If you need this document in a
different format, please contact
xxx@xxx.xxx.xx.
Yours sincerely
(Approved Electronically)
Matthew Collopy
General Manager, Environmental Prediction Services, Community Services Group
Bureau of Meteorology
OFFICIAL
Document Outline
