Our reference: FOIREQ25/00370
Merit Based
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Merit Based,
Freedom of Information Request – FOIREQ25/00370
I refer to your request for access to documents made under the
Freedom of Information Act
1982 (Cth) (the FOI Act). Your Freedom of Information (FOI request) was received by the
Office of the Australian Commissioner (OAIC) on 6 August 2025.
I am writing to consult with you on the basis that your request gives rise to a practical
refusal reason.
Background
Scope of your request
Your FOI request sought access to the following information:
For the period since 1 January 2025 I am requesting all information, text messages,
teams chats and emails that mention, consider or discuss the following:
−
the FOI requests made regarding the General manager RAD role
−
internal consultations regarding the release
−
the responses to the FOIs including any internal communication plans, public
statements
−
any planned or expected recruitment, both temporary and permanent for al APS
and Executive/SES positions
Notice of intention to refuse your request
I am an officer authorised under s 23(1) of the FOI Act to make FOI decisions on behalf of
the OAIC.
I am writing to consult with you under section 24AB of the FOI Act, because:
• I believe that the work involved in processing your request will substantially and
unreasonably divert the resources of the OAIC from its other operations due to its
size and scope (s 24AA(1)(a)(i));
For the purposes of the FOI Act, this is called a ‘practical refusal reason’ (s 24AA(1)(a)(i) of
the FOI Act).
On this basis, I intend to refuse your request for access to documents unless the terms of
your request are revised, so as to remove the practical refusal reason.
However, before I proceed to a refusal decision, you have an opportunity to revise your
request again. This is called a ‘request consultation process’ as set out under s 24AB of the
FOI Act. You have 14 days to respond to this notice in one of the ways set out at the end of
this letter.
Why I intend to refuse your request
Calculation of the processing time – substantial diversion
Based on searches conducted by the relevant line area, and a sampling exercise
conducted by the line area, I estimate it will take the OAIC at least 3 months to process
your FOI request in its current form.
I consulted with the following line areas in relation to your request;
• Director, OAIC People and Culture.
The Director of People and Culture undertook a sampling exercise to assess the volume of
documentation associated with each individual recruitment process. Accordingly, I have
determined the following:
I estimate that it would take at least 3 months to process a decision on your request.
I have come to this estimate in consideration of the following factors:
The Director of People and Culture at the OAIC has advised that, during the specified time
frame, the OAIC undertook the following recruitment activities and received the
corresponding number of applications:
Lawyer (APS5/6), Corporate Legal Services:
31 applications
EL2 Directors (multiple):
93 applications
APS5-EL1 Investigations and Determinations (multiple):
171 applications
EL1 Assistant Director Enforcement Action:
11 applications
APS5-EL1 Regulatory Intelligence (multiple):
175 applications
APS5-EL1 FOI Review Advisors (multiple):
120 applications
EL1 Governance Risk and Compliance (GRC):
44 applications
APS4 roles in GRC, Enquiries and Enabling Services (multiple):
142 applications
On average, each application comprises approximately 3 documents. In addition to the
application materials, each recruitment process typically generates a further 3 to 10
documents, at minimum, including records related to shortlisting, correspondence
between panel members, selection reports, and communications issued to candidates
regarding the outcome of the process.
Based on this sampling exercise, I estimate point 4 of your FOI request would have over
7,500 documents.
Based on a sampling exercise, I estimate that it will take between 10 and 15 minutes to
examine and assess each document for potential release in accordance with FOI Act
exemption provisions.
I further estimate that it will require 35 hours to prepare an edited PDF collated with all
7,500 documents, including the redaction of exempt material. On the basis that there will
be at least 7,500 documents within the scope of the request so far.
This task would be an unreasonable and substantial diversion of the OAIC’s resources, for
the purposes of section 24AA(1)(a)(i) of the FOI Act.
Unreasonable diversion of resources
An estimate of processing time is only one of the considerations to be taken into account
when deciding whether a practical refusal reason exists. As well as requiring a request to
substantially divert an agency’s resources, s 24AA also requires the request to
unreasonably divert an agency’s resources from its other functions before it can be
refused under s 24.
The Guidelines issued by the Australian Information Commissioner under s 93A of the FOI
Act (FOI Guidelines) identify matters that may be relevant when deciding whether
processing the request will unreasonably divert an agency’s resources from its other
functions. These include:
• the staffing resources available to the OAIC for FOI processing
• the impact that processing the request may have on other tasks and functions of
the OAIC
• whether an applicant has cooperated in revising the scope of the request
• whether there is a significant public interest in the requested documents
• other steps taken by an agency or minister to publish information of the kind
requested by an applicant.
The OAIC is a small agency, employing approximately 140 (head count) staff. I consider
that processing a request of this size would substantially impact on the OAIC’s operations
because of the limited number of people the OAIC has available to process FOI requests of
this size and nature.
On the basis that your request will require at least 3 months to process, it is likely that the
processing of your request would divert OAIC staff away from their other work, including
the OAIC’s:
• ability to process its ongoing FOI request load
• regulatory functions in both FOI and privacy, as well as the functions of the People
and Culture Team noting the nature of the documents and the work involved in
processing part 4 of the request
• activities set out in the OAIC’s Corporate Plan.
For these reasons I have formed the view that processing your request would substantially
impact the OAIC’s operations.
I also consider that the processing of your request would be an unreasonable diversion of
the OAIC’s resources.
Request consultation process
You now have an opportunity to revise your request so as to remove the practical refusal
reason.
There are a number of ways that you can reduce the scope of your request so as to remove
the practical refusal reason. These include limiting or revising the scope of your request
by:
• narrowing the terms of your request to a document category (e.g. email
correspondence or internal briefing documents) or to a particular timeframe such
as from the date the FOI requests were made
• further clarifying the kinds or types of information that you are seeking access to
• narrowing the scope of your request to communication between specific individual
staff members
• only include documents created after or between certain date ranges
• consider removing the documents at issue in the previous FOI requests and
documents responsive to part 4 of the request
If you would like to proceed with the above revised scope of your request or proceed with
another revision of scope you should advise us in a reply email.
Before the end of the consultation period, you must do one of the following, in writing:
• withdraw your request
• make a revised request
• tell us that you do not wish to revise your request.
The consultation period runs for
14 days and starts on the day after you receive this
notice. Therefore, you must respond to this notice by Friday 5 September 2025.
During this period, you can ask the contact person (see below) for help to revise your
request. If you revise your request in a way that adequately addresses the practical refusal
reasons outlined above, we will recommence processing it.
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.
If you do not do one of the three things listed above during the consultation period or you
do not consult the contact person during this period, your request will be taken to have
been withdrawn.
Contact officer
If you would like to revise your request, or have any questions, you can contact me at
xxx@xxxx.xxx.xx.
Yours sincerely,
Justin Lodge
Authorised FOI decision maker.
22 August 2025.
Document Outline
