Your Ref
Our Ref
LEX 1177
Bob Buckley
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Bob
Your Freedom of Information request - consultation
I refer to your request, received by the Department of Education (department) on
15 September 2024, for access under the
Freedom of Information Act 1982 (FOI Act) to the
following documents:
“all information held by the Department of Education relating to the National Autism
Strategy including, but not limited to:
1. communication with and information provided to the National Autism Strategy
Oversight/Committee/Council and/or its working groups,
2. communication with and information provided to staff or officials in the Department of
Social Security,
3. information given to politicians or parliamentary officials,
4. information and records held within the Department of Education, and
5. relevant information received by the Department of Education.”
On 23 September 2024, the department wrote to you explaining the FOI Act gives an
applicant the right to access documents, rather than information. Accordingly, the
department interpreted your request as being for al documents held by the department
relating to the National Autism Strategy. This was on the assumption that your use of the
phrase ‘including but not limited to’ indicated your request should be read broadly, rather
than being limited to the five categories you specifically listed.
The department also noted the fifth part of your request seeks ‘relevant information’
received by the department and the department cannot determine what information you
may consider relevant. The department also provided suggestions for clarifying the scope of
your request, given it would capture a broad range of documents.
On 24 September 2024, you emailed the department and revised your request, stating:
“You can exclude:
* Cabinet documents
* I am only interested in the final email of email threads, and
* I do not wish to receive duplicate documents.”
GPO Box 9880, Canberra ACT 2601 | Phone 1300 488 064 | www.education.gov.au | ABN 12 862 898 150
Practical refusal reason
While I appreciate your efforts to revise the scope of your request, I am writing to you,
under sections 24AA(1)(a)(i), 24AA(2) and 24 of the FOI Act to tell you that it is likely that
processing your revised request in its current form would substantial y and unreasonably
divert the resources of the department.
I have consulted with departmental officers in the Inclusion and Disability Branch regarding
the number and nature of documents held by the department which are likely to be relevant
to your request, and the work involved in processing your request.
I am asking for your assistance in reducing the scope of your request. If we are unable to
reach a satisfactory agreement on the scope of your request, it is likely that I will decide to
refuse your request as currently worded under section 24 of the FOI Act.
To assist you, I have set out the relevant sections of the FOI Act at
Attachment A.
Amount of time to process your request
Given the broad scope of your request, the department would need to undertake extensive
searches to find the documents you have asked for and process your request. Preliminary
searches indicate the department potentially holds thousands of documents, totalling
several thousand pages, which could be relevant to your request.
Based on my experience with the type and volume of records you want, I estimate it would
take more than 450 hours in processing time.
This includes undertaking searches, identifying relevant documents (including the ‘final
email of email threads’), removing duplicates and Cabinet material, consulting with third
parties, considering whether any documents may need redactions, scheduling the
documents and writing a statement of reasons.
Suggestions for reducing the scope of your request
To assist you in narrowing the request, you could consider the fol owing suggestions, which
may al ow the department to process your request:
• specifying a date range for your request
• specifying types or categories of documents (e.g. final briefs, reports, or meeting
minutes)
• excluding internal correspondence between departmental staff members, and
• seeking correspondence between specific entities or individuals.
Action required from you under the FOI Act
Before I make a final decision on your request, you can submit a revised request.
Under the FOI Act, you must do one of the fol owing things in the next 14 days:
• make a revised request,
• tel us that you do not want to revise your request, or
• withdraw your request.
Contact officer
I am the contact officer for your request. During the consultation period you can contact me
to ask for help revising your request by emailing xxx@xxxxxxxxx.xxx.xx.
In accordance with section 24AB of the FOI Act, your response wil be expected by
14 October 2024. If I do not receive a response from you within the time frame, your
request wil be taken to be withdrawn by the operation of the FOI Act.
Further assistance
If you have any questions, please email xxx@xxxxxxxxx.xxx.xx.
Yours sincerely
Lauren
Authorised decision maker
Freedom of Information Team
Department of Education
30 September 2024
Attachment A
Relevant sections of the Freedom of Information Act 1982
Section 24AA(1)(a)(i) of the FOI Act provides that a practical refusal reason exists in relation
to an FOI request if the work involved in processing the request would substantial y and
unreasonably divert the resources of the department from its other operations.
Section 24AA(2) of the FOI Act sets out certain factors which the department must consider
when determining whether providing access in relation to a request would substantial y and
unreasonably divert resources. The department must specifically have regard to the
resources that would have to be used for:
• identifying, locating or col ating the documents
• 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 examining the document or consulting in
relation to the request
• making a copy, or an edited copy, of the document
• notifying any interim or final decision on the request.
Section 24AB(7) of the FOI Act provides that the request is taken to have been withdrawn at
the end of the consultation period if:
• the applicant does not consult the contact person during the consultation period in
accordance with the notice
• the applicant does not do one of the things mentioned in subsection (6) before the
end of the consultation period.
Section 24AB(6) says that the applicant must, before the end of the consultation period, do
one of the following, by written notice to the agency or Minister:
• withdraw the request
• make a revised request
• indicate that the applicant does not wish to revise the request.