19 May 2016
In reply please quote:
FOI Request FA 16/04/01760
File Number ADF2016/17278
Mr Joshua Drummond
Sent via email only: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Drummond
Notice under s.24AB of the Freedom of Information Act 1982
I am writing to you in relation to your request under the
Freedom of Information Act 1982 (the
Act) on 20 April 2016 for:
all documented communication between the Department of Immigration and Border
Protection and the production company "Put It Out There Pictures", relating to the
2016 film "The Journey" produced by Put It Out There Pictures.
Purpose of this notice
The purpose of this notice is to advise you (as required under s.24AB of the Act) that
I consider that a
practical refusal reason exists under s.24AA of the Act and that I am
considering refusing access to the documents in the form requested, as provided under s.24
of the Act. My reasons are set out in this notice. You are invited to contact me to alter or
narrow the scope of your request to ensure that no 'practical refusal reasons' apply.
Advice regarding practical refusal reasons
The Act contains two practical refusal reasons. The first is that processing the request
would
substantially and unreasonably divert the resources of the agency from its other operations (s.24AA(1)(a)). An agency may also refuse an FOI request if the agency is satisfied that the
request does not
provide such information concerning the document as is reasonably
necessary to enable a responsible officer of the agency to identify the document in question
(s.24AA(1)(b)).
It is the Department’s view that where it appears that a request under the Act for access to
documents is likely to take more than 40 hours to complete, the request should be assessed
under s.24AA(1) of the Act to determine whether a practical refusal reason exists in relation
to the request. This balances the right of applicants to seek information under the Act with
the Department’s need to appropriately allocate resources to its functions.
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.border.gov.au
Application of s.24AA of the FOI Act to your request
It is my view that the request, as it currently stands, satisfies the first practical refusal reason
because it would take an unreasonable amount of time to assess the documents.
A call out to relevant business areas has identified approximately 411 documents totalling an
estimated 2000 pages as being within scope of this request.
The number of documents by type is estimated as follows:
Proposal – 69 documents
Approval – 29 documents
Production and post-production - 82 documents
Financial – 210 documents
Other – 21 documents
Using the standard FOI charges calculator I estimate that at a minimum it would take the
Department about 385 hours to process this request. This calculation takes into account the
high level of consultation with third parties that would be required under the FOI Act. I am
obligated under the FOI Act to provide third parties with a reasonable opportunity to make a
submission that the documents should be exempt from disclosure where the documents
contain information about the business, commercial or financial affairs of an organisation.
In light of the above, I am satisfied that your request would substantially and unreasonably
divert the resources of the Department from its other operations and that a practical refusal
reason applies to your request as it currently stands. Therefore, I am required to consult with
you under s.24AB of the Act regarding the scope of your request.
Consultation over scope
You may consult with me on the scope during the
consultation period which is from the date
this notice until
close of business Friday 3 June 2016.
You may request that I extend the consultation period if you wish, by writing to me before the
end of the consultation period at
xxx@xxxxxx.xxx.xx . The requirements for the consultation
period are contained in (s.24AB(5)).
Suspension of processing time
Please note that s.24AB(8) of the FOI Act provides that the legislated processing time for
your request is 'suspended' until you have either:
• revised the request; or
• advised that you do not intend to revise the request.
In addition, if you do not contact me in writing before the end of the consultation period (to
either withdraw your request, revise or affirm the scope of your request, or ask for an
extension of time to respond to the s.24AB notice) your request will be deemed to be
withdrawn in accordance with s.24AB(7) of the Act. The relevant legislation is attached to this
notice.
Yours sincerely
(signed electronically)
Ian Campbell
Authorised FOI Decision Maker
Freedom of Information Section
Department of Immigration and Border Protection
Phone (02) 6264 3030
Email xxx@xxxxxx.xxx.xx
Attachment
Attachment A - Extract of relevant legislation
Attachment A – Extract of relevant legislation
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.
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?
Scope
(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.
Document Outline
