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In reply, please quote:
1 March 2024
FOI30/123
CR
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear CR,
Re: Freedom of Information Request – Decision
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.
2. On 29 December 2023, you (under the pseudonym 'CR') submit ed a further request under
the FOI Act2.
3. By letter dated 17 January 2024, I issued a notice to you pursuant to s 24AB(2) of the FOI
Act, expressing the view that a practical refusal reason exists in relation to your access
requests ('consultation notice'). As I informed you in this notice, both access requests were
combined3.
Consultation process:
4. By issuing the consultation notice the Bureau commenced a consultation process with you
in relation to your combined requests.
5. I note that the Bureau made efforts in good faith to engage you in relation to all your access
requests. This included providing you at an early stage its assessment with regard to the
resource demands in processing a broadly stated request particularly at this current peak
weather season4. For example, the Bureau noted5:
We reiterate that, as observed in the notice to you on 17 January 2024, the decision maker's
view regarding the practical refusal reason includes the consideration that there would be an
unreasonable diversion of limited specialist staff from their crucial operational duties during this
current peak weather season. We note that this concern remains. Many of the Bureau's
operation staff necessary to the task of processing the request are focused on their operational
duties during this crucial peak weather season. To divert these and other operational resources
1 The Bureau's Reference number for this is FOI30/123.
2 The Bureau's Reference number for this is FOI30/124.
3 Therefore, the combined matter is referenced under the matter number FOI30/123.
4 I note the Bureau's efforts also included engaging with you in a fair manner during the consultation
process. For example, as noted in the Bureau's email to you on 1 February 2024, where you provided
proposed revisions to your access requests you also added that, '
[b]efore formally revising the scope
of my request, I am seeking your feedback…', we understood this to indicate that you wanted further
engagement with the Bureau before 'formal y' revising your request.
5 See email to you on 30 January 2024.
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remains a significant and substantial diversion of resources and poses grave concern to
ongoing operations.
6. At the end of consultation process, you provided the following revised request6:
1. The procedure handbooks relating to the provision of severe weather warnings, severe
thunderstorm warnings, and heatwave warnings in the Queensland region. The
procedure handbooks relating to the provision of tropical cyclone warnings in Australia.
• Al other versions except for the latest final versions of these documents are
excluded.
2. Emails from senior executive staff highlighting amendments to the above directives, from
1 January 2023 to 18 December 2023.
• For an example of the emails sought, please refer to Document 2 of FOI request
30/5531 (16 April 2012).
3. The Queensland Severe Thunderstorm Warnings summary that was issued monthly
throughout the entirety of 2023.
In relation to the three Items above, you have excluded:
i.
Names and contact details of staff below Group Executive level and third parties.
ii.
Duplicate content
i i.
Early parts of email streams captured in later emails.
(For convenience, I refer to this as 'your revised request'.)
Your request and processing timeframe
7. As earlier noted, you submitted two access requests pursuant to the FOI Act.
8. In its email to you dated 21 December 20237, the Bureau wrote:
We respectful y request your agreement, pursuant to s 15AA, to an additional 30 calendar days
to deal with your access request. This additional y wil assist the Bureau to process your access
request as effectively as practicable and within time, particularly considering the Bureau's
resources are limited at this period of year either because many of the Bureau's staff are/wil
soon be taking leave and that limited specialist staff capable of providing assistance on your
access request are focused on crucial operational matters during this current weather season.
9. By email dated 21 December 2023, you declined, noting that:
While I understand your request for an extension of time, I must inform you that it is within my
interest to al ow the FOI request to expire, as this would impact your ability to impose charges
(ss 7(2) and (3) of the Charges Regulations). Consequently, I understand if this decision results
in the Bureau not being able to provide the requested information within the statutory time limit.
10. As a result, the specific access request fell due on 17 January 2024. Additionally, I should
again note that you submitted a further request dated 29 December 2023. This fell due on
29 January 2024.
11. As discussed above, I issued the consultation notice to you – the consultation notice is
dated 17 January 2024. An effect of the consultation notice is that the consultation process
period is disregarded in '
calculating processing period' provided under s 15(5)(b).
12. Fol owing the end of the consultation process, the Bureau did not issue a decision but
sought, pursuant to s 15AC, an extension of time from the Australian Information
6 See your email dated 1 February 2024.
7 In relation to access request dated 18 December 2023.
link to page 9 link to page 11
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Commissioner ('AIC'). By decision dated 5 February 2024, the delegate of the AIC, in
exercising powers, granted the Bureau an extension. As noted in the decision letter (at
[11]):
This further time granted under s 15AC of the FOI Act means that the deemed refusal is taken
never to have applied if the agency makes a decision on the request by 1 March 2024. Such
an extension can only be granted once and cannot be extended by a variation.
13. This is a decision on your revised request.
My decision
14. I am authorised pursuant to s 23 of the FOI Act to make a decision in relation to your
revised request. My decision and reasons for it fol ow.
Document searches
15. Searches were undertaken for documents falling in scope of your revised request. The
searches included the following:
a. staff capable of identifying relevant document/s were identified; and
b. steps were taken to identify and produce a copy of relevant document/s for the
purpose of processing your request.
16. I note a number of search efforts were under undertaken following receipt of your revised
request, including searches during the extended time granted by the AIC.
17. I am satisfied that all reasonable steps were taken to identify documents in scope of your
revised request.
Documents and decision
18. Nine documents were identified as within scope of your revised request.
19. The documents are described in
Attachment A. 20. My decision is:
In relation to Items 1 and 2 of your revised request:
a. The nine documents noted above at para [18] are relevant to these Items of your
revised request.
b. I have decided that the nine documents should be released in full.
c. Three of the documents contain irrelevant information that is excluded by you
(see para [8] above)8.
d. I have turned my mind to whether access to documents containing exempt and/or
excluded information could be provided pursuant to s 22. (Section 22 is set out in
Attachment B.)
e. The FOI Guidelines provides that one relevant consideration is whether any
'deletions' of the material wil leave '
only a skeleton of the former document that
8 Documents 1, 8, and 9
link to page 12
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conveys little of its content or substance'9. I do not consider that to be the case
here. In the circumstances here, access under s 22 provides a practicable
balance of facilitating access to documents while not disclosing information that is
excluded by you.
In relation to Item 3 of your revised request:
f. In relation to 'Item 3', our search efforts have been unable to identify documents
in scope of this Item. Given the result, I refuse access pursuant to s 24A of the
FOI Act on the basis that document/s in scope '
cannot be found or do not exist'.
g. However, I have directed relevant staff to consider whether it is possible to
provide access to such other information that may be of interest to you. Our staff
have provided me with such information.
h. In summary, I refuse access pursuant to s 24A because document/s in scope
'
cannot be found or do not exist'. However, I consider it appropriate to provide
you such other information that may be of interest to you. This information is in
Attachment C. Further regarding my decision is discussed below.
21. My reasons for decision follow.
Reasons for decision
Item 3 of your revised request:
22. You have requested:
3. The Queensland Severe Thunderstorm Warnings summary that was issued monthly
throughout the entirety of 2023.
23. Section 24A(1) of the FOI Act provides that:
An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i)
is in the agency’s or Minister’s possession but cannot be found; or
(i )
does not exist.
24. 'Reasonable', in the context of s 24A, involves taking steps that are '
not going beyond
the limit assigned by reason; not extravagant or excessive; moderate...Of such an
amount, size, number etc., as judged to be appropriate or suitable to the circumstances
or purpose’10.
25. What constitutes 'reasonable search'
'wil depend on the circumstances of each request
and wil be influenced by the normal business practices in the agency’s operating
environment'11. Relevant FOI guidance further provides that12:
9 See FOI Guidelines issued by the Australian Information Commissioner under s 93A
of the FOI Act at [3.98] ('FOI Guidelines').
10
Josh Taylor and Minister for Foreign Affairs [2021] AICmr 33 at [10].
11
FOI Guidelines (n 7) at [3.89].
12 Ibid (citation omitted).
link to page 12
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At a minimum, an agency or minister should take comprehensive steps to locate documents,
having regard to:
•
the subject matter of the documents
•
the current and past file management systems and the practice of destruction or
removal of documents
•
the record management systems in place
•
the individuals within an agency or minister’s office who may be able to assist with the
location of documents, and
•
the age of the documents.
26. I am satisfied that all reasonable steps have been taken to search for and identify
documents in scope of all part of your revised request – this includes Item 3. However,
document/s in scope of this Item of your revised request cannot be found or does not
exist. Searches undertaken by personnel included searching relevant record systems or
facilities to reasonably identify documents described by your request. However, the
result was that no document in scope of your request were identified. Accordingly, I
refuse your request for access pursuant to s 24A(1) of the FOI Act.
27. However, as earlier discussed, I have further directed relevant staff to consider whether
it is possible to provide access to such other information that may be of interest to you.
28. I note in an earlier email from you dated 1 February 2024, you wrote:
Regarding item 5 of my request, I note the Severe Thunderstorm Directive Queensland
2011/12 Season released under FOI request 30/5531 refers to such summaries being
accessible via your information management system (page 27, item 8.1.2)…13
29. The relevant reference '
8.1.2' in the '
Directive' provides the following:
30. '
8.1.2' of the '
Directive' indicates that a '
summary of the Severe Thunderstorm
Directive…issued per month can be accessed via the…(SIMS)'. Based on enquiries, I
am advised that
'8.1.2' references that the relevant systems, SIMS, could be used to
gather statistics on warning issuance. However, no '
monthly summary' document was
produced.
31. However, I have considered it appropriate to assist as far as reasonable by directing a
staff to generate equivalent information regarding number of Severe Thunderstorm and
Severe Weather warnings in Queensland for 2023. This information is provided in
Attachment C.
13 The reference is to material published on the Bureau's disclosure log:
http://www.bom.gov.au/foi/release/qldThunderstorm.pdf.
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Materials considered in making my decision
32. In making my decision I have had regard to:
a. your revised request;
b. matters regarding the document search process;
c. the FOI Act;
d. the FOI Guidelines; and
e. other relevant matters in the circumstances.
For further information
33. Information about your review rights are set out in the following pages.
34. The Bureau aims to provide accessible documents. If you need this document in a
different format, please contact
xxx@xxx.xxx.xx.
35. If you have any questions about this letter, or need further information, please do not
hesitate to contact
xxx@xxx.xxx.xx
Yours sincerely
(Approved electronically)
Matthew Collopy
General Manager
Environmental Prediction Services
Review rights
36. You may seek a review of this decision by way of the review rights available to you.
37. Under section 54 of the FOI Act, you may apply for an internal review of this decision. An
internal review application must be made by whichever date is the later between:
• 30 days of you receiving this notice; or
• 15 days of you receiving the documents to which you have been granted access.
38. An internal review wil be conducted by a dif erent authorised decision-maker. No
particular form is required to apply for review although it wil assist your case to set out
the grounds on which you believe that the original decision should be overturned.
39. An application for an internal review can be made by either:
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•
Email: xxx@xxx.xxx.xx
•
Post, addressing it to:
Freedom of Information Of icer
Bureau of Meteorology
GPO Box 1289 Melbourne 3001
40. If you seek an internal review, please note
the Bureau's internal reference number
provided at the start of this decision notice.
41. If you seek an internal review, you wil subsequently have a right to apply to the
Australian Information Commissioner ('AIC') for a review of the internal review decision.
External review by the Australian Information Commissioner
42. Alternatively, under section 54L of the FOI Act, you may seek review of this decision by
the AIC without first undertaking an internal review. Your application must be made
within 60 days of you receiving this notice.
43. The AIC is an independent office holder who may review decisions of agencies under the
FOI Act. More information is available on website of the Of ice of the Australian
Information Commissioner:
www.oaic.gov.au.
44. You can contact the OAIC to request a review by one of the following ways:
•
Via the online form on the OAIC website: https://www.oaic.gov.au/freedom-of-
information/reviews-and-complaints/information-commissioner-review
•
Email: xxxxx@xxxx.xxx.xx
•
Post, addressing it to:
Director of FOI Dispute Resolution
GPO Box 5218, Sydney NSW 2001
FOI complaints
45. If you are unhappy with the way we have handled your FOI request, please let us know
what we could have done better. We may be able to rectify the problem. If you are not
satisfied with our response, you can complain to the AIC. A complaint must be made in
writing and can be lodged in one of the following ways:
46. You can contact the OAIC to request a review by one of the following ways:
•
Via the online form on the OAIC website: https://www.oaic.gov.au/freedom-of-
information/reviews-and-complaints/information-commissioner-review
•
Email: xxxxx@xxxx.xxx.xx
•
Post, addressing it to:
Director of FOI Dispute Resolution
GPO Box 5218, Sydney NSW 2001
47. More information about Information Commissioner reviews and complaints can be found
on the OAIC's website:
https:/ www.oaic.gov.au/freedom-of-information/reviews-and-
complaints.
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Attachment A: Schedule of documents
Document No. Date
Description of
FOI Act
Decision & notes
document
exemptions &
editing
Document 1
1/9/2024
CSG Detailed Severe
s 22
Release in full. (Contains information excluded by
Thunderstorm Warnings –
the FOI Applicant.)
work instructions
Document 2
1/9/2024
CSG Regional Severe
N/A
Release in full.
Thunderstorm Warnings –
work instructions
Document 3
1/9/2024
CSG Severe Weather
N/A
Release in full.
Warnings – work
instructions
Document 4
Undated
Detailed Work Instruction – N/A
Release in full.
Heatwave Warnings
Document 5
2/2/2024
Heatwave Service Level
N/A
Release in full.
Specification Season
2023-2024
Document 6
9/11/2023
Thunderstorm and Severe N/A
Release in full.
Weather Service Level
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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Document No. Date
Description of
FOI Act
Decision & notes
document
exemptions &
editing
Specification Season
2023-2024
Document 7
February
Tropical Cyclone Service
N/A
Release in full.
2024
Level
Specification
Document 8
Undated
Tropical Cyclone Forecast N/A
Release in full.
Process
Document 9
23/10/2023
Email
s 22
Release in full. (Contains information excluded by
the FOI Applicant.)
Document 9A
Undated
Attachment to Document 9 s 22
Release in full. (Contains information excluded by
the FOI Applicant.)
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Attachment B: section 22 of the FOI Act
22 Access to edited copies with exempt or irrelevant matter deleted
Scope
(1) This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(i ) that to give access to a document would disclose information that would
reasonably be regarded as irrelevant to the request for access; and
(b) it is possible for the agency or Minister to prepare a copy (an
edited copy)
of the document, modified by deletions, ensuring that:
(i) access to the edited copy would be required to be given under
section 11A (access to documents on request); and
(i ) the edited copy would not disclose any information that would
reasonably be regarded as irrelevant to the request; and
(c) it is reasonably practicable for the agency or Minister to prepare the edited
copy, having regard to:
(i) the nature and extent of the modification; and
(i ) the resources available to modify the document; and
(d) it is not apparent (from the request or from consultation with the applicant)
that the applicant would decline access to the edited copy.
Access to edited copy
(2) The agency or Minister must:
(a) prepare the edited copy as mentioned in paragraph (1)(b); and
(b) give the applicant access to the edited copy.
Notice to applicant
(3) The agency or Minister must give the applicant notice in writing:
(a) that the edited copy has been prepared; and
(b) of the grounds for the deletions; and
(c) if any matter deleted is exempt matter—that the matter deleted is exempt
matter because of a specified provision of this Act.
(4) Section 26 (reasons for decision) does not apply to the decision to refuse access
to the whole document unless the applicant requests the agency or Minister to
give the applicant a notice in writing in accordance with that section.
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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Attachment C: Severe Thunderstorm and Severe Weather Warning statistics
for Queensland 2023.
Product
Month
Count of Warnings
Detailed Severe Thunderstorm Warning - Queensland January
67
Detailed Severe Thunderstorm Warning - Queensland February
42
Detailed Severe Thunderstorm Warning - Queensland March
42
Detailed Severe Thunderstorm Warning - Queensland April
17
Detailed Severe Thunderstorm Warning - Queensland August
10
Detailed Severe Thunderstorm Warning - Queensland September
25
Detailed Severe Thunderstorm Warning - Queensland November
60
Detailed Severe Thunderstorm Warning - Queensland December
227
Regional Severe Thunderstorm Warning - Queensland January
138
Regional Severe Thunderstorm Warning - Queensland February
94
Regional Severe Thunderstorm Warning - Queensland March
106
Regional Severe Thunderstorm Warning - Queensland April
35
Regional Severe Thunderstorm Warning - Queensland June
2
Regional Severe Thunderstorm Warning - Queensland July
5
Regional Severe Thunderstorm Warning - Queensland August
6
Regional Severe Thunderstorm Warning - Queensland September
12
Regional Severe Thunderstorm Warning - Queensland October
4
Regional Severe Thunderstorm Warning - Queensland November
150
Regional Severe Thunderstorm Warning - Queensland December
246
Severe Weather Warning - Queensland
January
21
Severe Weather Warning - Queensland
February
12
Severe Weather Warning - Queensland
March
26
Severe Weather Warning - Queensland
September
7
Severe Weather Warning - Queensland
December
41
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