23 Marcus Clarke Street
Canberra ACT 2601
GPO Box 3131
Our ref:
PRJ1008084
Canberra ACT 2601
Contact officer:
FOI Team
Contact phone:
02 6243 1244
tel: (02) 6243 1111
fax: (02) 6243 1199
26 May 2025
www.accc.gov.au
Branco
Sent via email to: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Branco
Notice of intention to refuse access to documents requested
I refer to your FOI request of 14 May 2025. The ACCC is considering refusing your
request, as currently framed, under s.24 of the
Freedom of Information Act 1982 (Cth) (FOI Act) because a practical refusal reason exists.
Before making a final decision you have an opportunity to revise your request. This is
called the ‘request consultation process’ as set out under section 24AB of the FOI
Act. We are seeking your response by
9 June 2025.
Practical refusal reason
The practical refusal reason is that the work involved in processing the request would
substantially and unreasonably divert the resources of the ACCC from its other
operations.
Following consultation with the relevant line area, I am satisfied that your request as
it currently stands would capture approximately:
516
documents
3,096 pages of material
Your request would also likely require consultation with a number of third parties.
Over 35 hours of staff time would be required to draw together the relevant
documents
Over 268 hours of staff time would be required to process your request. This includes
the examination of documents, consultation, copying of documents and preparation
of decision.
To place the estimate above in context, if one person alone was dedicated to
processing your FOI request, working 5 days a week, the person would require 8
weeks to complete your request. Due to the above and the amount of FOI requests
currently on hand at the ACCC, processing your request would be a substantial
diversion of the ACCC’s resources.
What should you do
I am the ACCC officer to contact to try to remove the ground for refusal. Please email
me at xxx@xxxx.xxx.xx to arrange a time to discuss your request. Alternatively, you
can call me on (02) 6243 1244 and leave a message for me to call you. I am happy
to provide you with reasonable further information to assist you in revising your
request in such a way that removes the practical refusal ground.
I strongly encourage you to contact me before submitting a revised request. Once
you submit a revised request, the request consultation process ends and we will
make a decision regarding whether the practical refusal ground still exists based on
the terms of your revised request.
It would assist if you were able to identify the specific documents you are after, or
clarify what information you are seeking. To possibly remove the practical refusal
ground, you could consider:
Reducing the date range in your request (i.e. documents created in a one
month period)
Narrowing the request to documents about a specific issue (i.e. action items
relating to x)
Specifying a category of documents (i.e., final reports or correspondence
between x and x)
Avoiding broad language such as ‘all’ in your request.
When to respond by
You have 14 days from the date of this notice (i.e. by
9 June 2025) to either:
withdraw the request
make a revised request
advise that you do not wish to revise the request.
If you do not respond in one of these ways within 14 days, your request is taken to be
withdrawn. If you indicate you do not wish to revise your request, I will decide
whether to refuse the request on resource grounds under s.24.
If you need more time to respond, please contact me within the 14 day period to
discuss your need for an extension of time.
During this period of consultation, the statutory timeframe for the processing of your
request is on hold.
I have attached an extract from the FOI Act for your information (Attachment A).
Yours sincerely
Rebecca Fenech
FOI Manager
Specialist Advice and Services Division
Sent by email 26/05/2025
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Attachment A
Extract of s.24 of the Freedom of Information Act
Section 24
24 Power to refuse request - diversion of resources etc.
(1) If an agency or Minister is satisfied, when dealing with a request for a document,
that a practical refusal reason exists in relation to the request (see section 24AA), the
agency or Minister:
(a) must undertake a request consultation process (see section 24AB); and
(b) if, after the request consultation process, the agency or Minister is
satisfied that the practical refusal reason still exists—the agency or Minister
may refuse to give access to the document in accordance with the request.
(2) For the purposes of this section, the agency or Minister may treat 2 or more
requests as a single request if the agency or Minister is satisfied that:
(a) the requests relate to the same document or documents; or
(b) the requests relate to documents, the subject matter of which is
substantially the same.
24A Requests may be refused if documents cannot be found, do not exist or
have not been received
Document lost or non-existent
(1) 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
(ii)
does not exist.
Document not received as required by contract
(2) An agency may refuse a request for access to a document if:
(a) in order to comply with section 6C, the agency has taken contractual
measures to ensure that it receives the document; and
(b) the agency has not received the document; and
(c) the agency has taken all reasonable steps to receive the document in
accordance with those contractual measures.
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 following applies:
(a) the work involved in processing the request:
(i) in the case of an agency--would substantially and unreasonably divert
the resources of the agency from its other operations; or
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(ii) in the case of a Minister--would substantially 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 collating 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
(ii) 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?
(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
following:
(a) an intention to refuse access to a document in accordance with a
request;
(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
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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 following:
(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 all reasonable
steps to notify an applicant of a decision on the applicant's request within 30 days
after the request is made.
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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