If not delivered return to PO Box 7820 Canberra BC ACT 2610
23 November 2016
Our reference: LEX 23842
Mr Jackson Gothe-Snape
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Gothe-Snape
Your Freedom of Information request
I refer to your request dated 15 November 2016 and received by the Department of Human
Services (the
department) on the same day for access under the
Freedom of Information
Act 1982 (the
FOI Act).
I cannot identify the documents you are requesting and I am asking you to give me specific
details. If you decide not to give this information, I will have to refuse your FOI request as a
'practical refusal reason' exists.
For a more detailed explanation of what this means see
Attachment A.
How to send us a 'revised request'
Before I make a final decision on your request, you can submit a revised request.
Within the next 14 days (consultation period) you must do one of the following, in writing:
• withdraw the request
• make a revised request, or
• tell us that you do not want to revise your request.
If you do not do contact us during the consultation period, we will assume you do not want to
continue with your request. See
Attachment A for relevant sections of the FOI Act.
If you decide to make a revised request, please provide more specific information about the
documents you are requesting. This will assist the department to process your request.
We have 30 days to give you a decision about your request, however the time taken to
consult with you now is not included in this 30 day time period.
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During the consultation period you are welcome to ask for assistance in revising your
request. You can contact the department:
• in writing to the address at the top of this letter; or
• via email t
o xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
Note: When you contact us please quote the reference number
FOI LEX 23842.
Your response will be expected by
7 December 2016. If no response is received, your
matter will be taken as withdrawn.
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
FOI Officer
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
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Department of Human Services
Attachment A
What I took into account
You requested access under the
Freedom of Information Act 1982 (the FOI Act) to the
following documents:
'the topics list for briefs created in preparation for hearings of Senate 2016-2017
Supplementary Budget Estimates.'
I am not able to reasonably identify what documents you are requesting. This is because it is
not clear which document you mean when you refer to ‘topics list’ and it is not clear which
particular briefs you are requesting a ‘topics list’ for.
Under sections 24AA(1)(b) and 24 of the Freedom of Information Act, I intend to refuse your
FOI request as a 'practical refusal reason' exists.
Under the Act, the practical refusal reason is that your request does not satisfy the
requirements in paragraph 15(2)(b) (identification of documents).
Relevant sections of the Freedom of Information Act 1982
Section 24AA(1)(b) of the FOI Act provides that a practical refusal reason exists in relation to
a request for a document if the request does not satisfy the requirement in section 15(2)(b) of
the FOI Act.
Section 15(2)(b) of the FOI Act provides that a request must provide such information as is
reasonably necessary to enable the agency to identify the documents that are being
requested.
Section 24AB(7) of the FOI Act provides that the request is taken to have been withdrawn
under at the end of the consultation period if:
• the applicant does not consult the contact person during the consultation period in
accordance with the notice, or
• the applicant does not do one of the things mentioned in subsection (6) before the
end of the consultation period.
Section 24AB(7) (subsection 6) says that the applicant must, before the end of the
consultation period, do one of the following, by written notice to the agency or Minister:
• withdraw the request,
• make a revised request, or
• indicate that the applicant does not wish to revise the request.
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Department of Human Services
