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Commissioners. You were advised once clarification was provided, the AFP would be in a position to
conduct searches on the new parameters.
Clarification of scope
The AFP is undertaking a formal consultation process with you in regards to obtaining clarification on
the scope of your revised scope to enable searches to be conducted.
As the AFP is unclear on your definition of
‘heads of departments’, additional searches have not been
able to be undertaken. The reference
‘heads of departments’, in APS terminology refers to the
Secretary of a department/agency. However, you may be referring to the head (being the
Commander) of each Command within the AFP. As stated, clarification is required to gain an
understanding as to who you are seeking documents from.
Furthermore, clarification is sought on
‘correspondence with heads of departments’. Can you please
advise if you are meaning internal correspondence to the relevant head of department, or internal
correspondence between staff and their head of department (which clarification is being requested
on this terminology as wel ).
Please note, it wil be an unreasonable and substantial diversion of agency resources to undertake
searches across al Commands for an unspecified or specified period of time. There are currently 72
Commands within the AFP who would need to undertake searches in regards to the scope of your
request. There have been multiple agency restructures as well as AFP Executive who have left the
agency, so it would be very difficult and time consuming process to determine who held a position of
Commander since 2017.
As such, the AFP has assessed that your scope in its current form, the AFP are unable to identify the
documents you are seeking access too under section 15(2)(b).
The AFP has therefore determined under section 24AA of the Act that a practical refusal reason has
been established and we are writing to you to offer our assistance to revise the request so that the
practical refusal reason no longer exists in accordance with section 24AB of the Act.
For your information, an extract of sections 24AA and 24AB of the Act is attached for your
information at Attachment A.
Next steps
Options available under section 24AB of the Act
You now have
14 days from the date of this letter to consult with the AFP regarding the scope of the
request. During this period you may wish to withdraw your request, make a revised request or indicate
you do not wish to revise your request. Should you not avail yourself of this opportunity to consult
within 14 days of the date of this letter, or the practical refusal reasons not be resolved, notice wil be
given of a decision to refuse access.
I note this request is now deemed, however the AFP have an obligation to continue processing your
request until a decision has been provided to you.
I am the FOI officer with whom you may consult with a view to making the request in such a form that
would remove the ground for refusal. I can be contacted by email at xxx@xxx.xxx.xx.
Suggestions to remove the practical refusal reason
The FOI team are committed to assisting you to finalise your FOI request. Should you decide to
provide the clarification required to process your request, you may wish to consider the following
suggestions to remove the practical refusal reason:
• provide clarification on the term
‘heads of departments’;
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• provide clarification on
‘correspondence with heads of departments’; and
• reduce documents to only ACCCE, as the area who has the main responsibility for documents
to which you are seeking access.
Yours sincerely,
Casey
A/FOI Team Leader - Corporate
Freedom of Information
Chief Counsel
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24AA When does a practical refusal reason exist?
(1) For the purposes of section 24, a
practical refusal reason exists in relation to a request
for a document if either (or both) of the fol owing applies:
(a) the work involved in processing the request:
(i) in the case of an agency—would substantial y and unreasonably divert the
resources of the agency from its other operations; or
(i ) in the case of a Minister—would substantial y and unreasonably interfere with
the performance of the Minister’s functions;
(b) the request does not satisfy the requirement in paragraph 15(2)(b) (identification of
documents).
(2) Subject to subsection (3), but without limiting the matters to which the agency or
Minister may have regard, in deciding whether a practical refusal reason exists, the
agency or Minister must have regard to the resources that would have to be used for the
following:
(a) identifying, locating or col ating the documents within the filing system of the
agency, or the office of the Minister;
(b) deciding whether to grant, refuse or defer access to a document to which the
request relates, or to grant access to an edited copy of such a document, including
resources that would have to be used for:
(i) examining the document; or
(i ) consulting with any person or body in relation to the request;
(c) making a copy, or an edited copy, of the document;
(d) notifying any interim or final decision on the request.
(3) In deciding whether a practical refusal reason exists, an agency or Minister must not
have regard to:
(a) any reasons that the applicant gives for requesting access; or
(b) the agency’s or Minister’s belief as to what the applicant’s reasons are for
requesting access; or
(c) any maximum amount, specified in the regulations, payable as a charge for
processing a request of that kind.
24AB What is a request consultation process?
Scope
(1) This section sets out what is a
request consultation process for the purposes of
section 24.
Requirement to notify
(2) The agency or Minister must give the applicant a written notice stating the fol owing:
(a) an intention to refuse access to a document in accordance with a request;
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(b) the practical refusal reason;
(c) the name of an officer of the agency or member of staff of the Minister (the
contact person) with whom the applicant may consult during a period;
(d) details of how the applicant may contact the contact person;
(e) that the period (the
consultation period) during which the applicant may consult
with the contact person is 14 days after the day the applicant is given the notice.
Assistance to revise request
(3) If the applicant contacts the contact person during the consultation period in accordance
with the notice, the agency or Minister must take reasonable steps to assist the applicant
to revise the request so that the practical refusal reason no longer exists.
(4) For the purposes of subsection (3),
reasonable steps includes the fol owing:
(a) giving the applicant a reasonable opportunity to consult with the contact person;
(b) providing the applicant with any information that would assist the applicant to
revise the request.
Extension of consultation period
(5) The contact person may, with the applicant’s agreement, extend the consultation period
by written notice to the applicant.
Outcome of request consultation process
(6) The applicant must, before the end of the consultation period, do one of the following, by
written notice to the agency or Minister:
(a) withdraw the request;
(b) make a revised request;
(c) indicate that the applicant does not wish to revise the request.
(7) The request is taken to have been withdrawn under subsection (6) at the end of the
consultation period if:
(a) the applicant does not consult the contact person during the consultation period in
accordance with the notice; or
(b) the applicant does not do one of the things mentioned in subsection (6) before the
end of the consultation period.
Consultation period to be disregarded in calculating processing period
(8) The period starting on the day an applicant is given a notice under subsection (2) and
ending on the day the applicant does one of the things mentioned in paragraph (6)(b) or
(c) is to be disregarded in working out the 30 day period mentioned in paragraph
15(5)(b).
Note:
Paragraph 15(5)(b) requires that an agency or Minister take al reasonable
steps to notify an applicant of a decision on the applicant’s request within 30
days after the request is made.
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No more than one request consultation process required
(9) To avoid doubt, this section only obliges the agency or Minister to undertake a request
consultation process once for any particular request.
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