23 Marcus Clarke Street
Canberra ACT 2601
GPO Box 3131
Canberra ACT 2601
Our ref:
PRJ1008329
tel: (02) 6243 1111
Contact officer:
FOI team
fax: (02) 6243 1199
Contact phone:
02 6243 1244
www.accc.gov.au
17 September 2025
Zack
Sent via email to: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Applicant,
Refusal to process freedom of information request
I refer to your FOI request of 18 August 2025.
Under s.24(1)(b) of the
Freedom of Information Act 1982 (the Act) I have decided to
refuse access to the documents sought. I am satisfied that the work involved in
processing the request would substantially and unreasonably divert the resources of
the ACCC from its other operations.
I am authorised under s.23 of the Act to make this decision.
Reasons for Decision
To refuse access to the documents, I need to be satisfied that a practical refusal
reason still exists following a request consultation process.
An extract of the relevant legislation is at Attachment A.
Request consultation process
In my letter of 2 September 2025, I set out the basis for the practical refusal,
estimating that your request would capture:
• 141
documents
• 705 pages of material
• Over 12 hours of staff time would be required to draw together the relevant
documents
• Over 138 hours of staff time would be required to process your request. This
includes the examination of documents, consultation, copying of documents
and notification of decision.
You were notified of our intention to refuse access to the documents under s.24 of
the Act. This was because the work involved in processing your request would be a
substantial and unreasonable diversion of its resources.
Our letter provided options you could consider for revising the scope of your request
and you were given contact details for an ACCC Officer with whom you could consult
during the consultation period. You did not contact the ACCC Officer during this time
to arrange a discussion.
I am satisfied that the ACCC has undertaken a request consultation process in
accordance with s.24AB of the Act.
A practical refusal reason still exists
In your email dated 2 September 2025, you revised the scope of your request.
I do not consider that the revised request, dated 2 September 2025, has reduced the
scope of the request to a point that would remove the grounds for refusal.
I estimate that your revised request would capture:
• 141
documents
• 705 pages of material
• over 12 hours of staff time would be required to draw together the relevant
documents
• over 71 hours of staff time would be required to process your request. This
includes the examination of documents, consultation, copying of documents
and notification of decision.
Processing this revised request would, in my view, be a substantial diversion of the
ACCC’s resources within the meaning of s.24AA(1). To place the estimate above in
context, if one person were dedicated to processing your FOI request, working 5
days a week, the person would require 2 weeks to complete your request.
The ACCC is an independent statutory authority that enforcers the
Competition and
Consumer Act 2010 and other acts. The ACCC promotes competition and fair trade
in the market place to benefit consumers, business and the community. Its primary
responsibility is to ensure that individuals and businesses comply with the
Commonwealth's competition, fair-trading and consumer protection laws.
Approximately 1703 staff meet these responsibilities across Australia, most of who
are in specialised roles. We need the skills and experience possessed by these staff
to assist the ACCC to meet its responsibilities. If the ACCC were to move staff from
their areas of expertise to assist in the processing of this FOI request, it would cause
an unreasonable burden on their work areas. This could possibly lead to the ACCC
not being able to perform its functions appropriately. I do not consider that it would be
appropriate for the ACCC to divert its resources away from this regulatory function to
process your request.
Similarly, if the ACCC were to employ temporary staff within the FOI area to assist in
the processing of your request, it would take time away from the processing of other
FOI requests to train those temporary staff. The FOI area’s usual staffing of three
people has proved to be appropriate resourcing for the number of FOI requests
typically received by the ACCC. I do not consider it would be reasonable to increase
staffing levels in this way for the processing of a single request. I am also of the view
that if the ACCC were to process your request, it would be likely that other FOI
requests would not be processed within the statutory timeframes required by the FOI
Act.
In making my decision, I have considered the following public interest factors:
• An applicant’s right of access to information under the Act; and
• The countervailing public interest in the ACCC being able to properly carry out its
other functions, including in handling FOI requests submitted by other persons.
I have not taken into account any maximum amount payable as a charge for
processing your request. Nor have I had regard to any reason that you may have for
seeking access to the documents.
Review Rights
Your rights of review are set out in Attachment B.
Yours sincerely
Sonya Petreski
FOI Officer
Specialist Advice and Services Division
Sent by email 17/09/2025
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
(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
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.
Attachment B
Information on rights of review
ACCC Internal Review
Under s.54 of the FOI Act, you can ask for an internal review of this decision. If you request
an internal review, another officer of the ACCC will review your request and make a new
decision.
Timeframe for requesting internal review
You have 30 days from the receipt of this decision to request an internal review.
You may seek an extension to this timeframe with our agreement.
Is there a charge?
There is no charge payable for requesting an internal review.
Requesting an internal review
Your request for internal review must be in writing and indicate that you are seeking an
internal review. Including your reasons for seeking internal review may assist in conducting
the internal review more efficiently.
Please send your internal review request to the FOI Team by:
Email: xxx@xxxx.xxx.xx
When will the decision be made?
We have 30 days from the receipt of your internal review request to make a decision.
If we do not make a decision within 30 days or such further period as the IC allows, the
original decision is considered affirmed. In such circumstances, you can seek review of our
deemed decision by the Information Commissioner.
Review by the Information Commissioner
You can ask for a review of this decision by the Australian Information Commissioner (IC).
The Office of the Australian Information Commissioner (OAIC) encourages applicants to
seek internal review first, however you are not required to go through our internal review
process before seeking review by the IC. If you do choose to seek an internal review, you
can still seek IC review of the internal review decision if we refuse access to your request.
Timeframe for requesting IC review
You have 60 days from the receipt of an access refusal decision to request IC review.
You may seek an extension to this timeframe from the OAIC.
Is there a charge?
There is no charge payable for requesting an IC review.
Requesting IC review
Your request for IC review must be in writing and include:
• your name and contact details
• a copy of the ACCC’s decision that you disagree with (if you’ve received one)
• the reason(s) why you disagree with the decision
You can lodge your request for IC review online:
Online: https://www.oaic.gov.au/contact-us#reviews
Complaint to the Information Commissioner
You can request the Information Commissioner to investigate action taken by the ACCC in
relation to this FOI request. The Information Commissioner will consider your complaint and,
if appropriate, conduct an investigation. Any investigation will be completely independent.
Is there a charge?
There is no charge payable for making a complaint to the IC.
Lodging an IC complaint
You must lodge your complaint in writing and give a clear and brief description of each issue
you’re complaining about and what outcome you’d like.
You can lodge a complaint online:
Online: https://www.oaic.gov.au/contact-us#complaints
Document Outline
