FOI Reference: LEX 12853
LEX 12856
File Reference: 25/28119
September 2025
JayShah2000
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Applicant
RE: Freedom of Information Request -
Notice of intention to refuse request
I refer to your requests received by the Department of Foreign Affairs and Trade (the
department) on 10 September 2025 and 18 September 2025 for access under the
Freedom
of Information Act 1982 (the FOI Act) to:
LEX 12853:
‘…. documents from civil society organisations and other civil society actors held by
the Department of Foreign Affairs and Trade about to in preparation for the reports
to the Committee on the Elimination of Racial Discrimination since 2015.’
LEX 12856:
‘…. a copy of documents that are linked and part of preparation for the next
submission to the Committee on the Elimination of All Forms of Racial Discrimination
from Australia.’
I am writing to inform you that the department has identified a large volume of material
that would require assessment to determine whether it is suitable for release, the
processing of which we assess (for the reasons set out below)
would substantially and
unreasonably divert resources of the agency from its other operations.
However, you are welcome to revise the scope of your request in line with section
24AB(2)(e) of the FOI Act, so that it might be processed.
Sections of the FOI Act referred to in this notice are accessible at www.legislation.gov.au.
Notice that your requests have been combined
Under section 24(2)(b) of the FOI Act, the agency may treat two or more requests as a single
request if satisfied that the request relates to documents, the subject matter of which is
substantial y the same.
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
Paragraph 3.123 of the guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act provides:
“The most common circumstance in which requests may be combined under s 24(2) is
likely to be multiple requests from a single applicant.… Multiple requests can only be
combined as a single request under s 24(2) if there is a clear connection between the
subject matter of the requested documents.”
I have considered the scope of both the requests received by the department and have
decided to treat the requests as a single request. In accordance with section 24(2)(b) of the
FOI Act, I am satisfied that the requests relate to documents, the subject matter of which is
substantial y the same, being documents about submissions to
Committee on the
Elimination of All Forms of Racial Discrimination.
Further, I am of the view that processing the request, would constitute a substantial and
unreasonable diversion of the department's resources, for the reasons set out below.
Notice of intended practical refusal
In accordance with section 24AB(2) of the FOI Act, I am providing you notice of my intention
to refuse to grant access to documents in accordance with your request.
The reason for the proposed practical refusal is that the work involved in processing the
request as it currently stands
would substantial y and unreasonably divert the department's
resources from its other operations.
In making this assessment, I have had regard to the time and resources required to process
the request, pursuant to section 24AA(2) of the FOI Act, including the resources involved in
searching for documents, col ating documents, examining the documents, consulting with
third parties, redacting material from the documents and preparing a final decision. I have
been assisted in this task to date by staff in the Human Rights Branch.
Preliminary searches have captured over 1,000 documents and over 70,000 pages of
records. The documents would then need to be manual y assessed to determine which
documents are within scope of the request and whether they are suitable for release. Given
the volume of pages currently captured in your request and, using the Australian
Government Solicitor Charges Calculator, I estimate the time required to process your
request to be at least 4,207 hours. This incorporates time undertaken to complete searches
to date, examine relevant pages for decision making at 2 minutes per page, redact pages
that are partially or whol y exempt at 2 minutes per page and that the decision makers
assessment of the material inclusive of al pages.
For these reasons, I am of the view that processing your request in its current form
would
substantially and unreasonably divert the resources of the agency from its other operations
and therefore a practical refusal reason exists within the meaning of section 24AA(1) of the
FOI Act.
Consultation to revise the scope of the request
Pursuant to section 24AB(2)(e) of the FOI Act, you have 14 days from the day you are given
this notice to:
a. withdraw your request,
b. revise the scope of your request, or
c. inform the department that you do not wish to revise your request.
I invite you to contact me (via xxx@xxxx.xxx.xx) should you wish to revise the request in
order that it may be processed.
In your consideration of a revised scope, you may wish to consider:
• Including only the finalised version of reports; and
• Excluding reports that are already publicly available on the Committee on the
Elimination of Racial Discrimination | OHCHR page; and
• Providing a limited date range, for example 1 February 2024 to 1 March 2024,
or
• Specifying the civil society organisation and/or other civil society actors who
may have engaged with the department.
Please note that under section 24AB(7) of the FOI Act, if you do not
consult the contact
person during the consultation period, make a revised request or indicate that you do / do
not wish to revise the scope of your request, your request wil be considered to have been
withdrawn.
Please also be aware that during this period of consultation, the statutory timeframe under
section 15(5) of the FOI Act for the processing of your request is on hold (see section
24AB(8) of the FOI Act for details).
Contact
Should you have any queries regarding this decision please contact the Freedom of
Information Section by email: xxx@xxxx.xxx.xx.
Yours sincerely
Brooke
Director
Freedom of Information Section