If not delivered return to PO Box 7820 Canberra BC ACT 2610
6 February 2017
Our reference: LEX 24845
Mr Justin Clacherty
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Clacherty
Your Freedom of Information request
I refer to your request dated 5 January 2017 and received by the Department of Human
Services (the
department) on the same date for access under the
Freedom of Information
Act 1982 (the
FOI Act).
I cannot identify the documents you want and I am asking you to give me specific details
about the information you are after. 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 you should be specific about what documents you
actually want. This could help the department find the documents.
Contact
During the consultation period can contact me:
in writing to the address at the top of this letter
via email t
o xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
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Note: When you contact us please quote the reference number
FOI LEX 24845.
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Authorised FOI Decision Maker
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:
‘1)
Any documents which record the number of incidents of clients threatening
self-harm for the period 1st January, 2015 to 31st December, 2016, inclusive;
and;
2)
Any documents which break these numbers down by month, quarter, or other
time period, whichever is most granular’.
I am not able to reasonably identify what documents you want due to the broad ranging
nature of what may constitute a ‘threat of self-harm’. The department’s Annual
Report 2015-16 (at pages 73-74) explains how social workers provide support and
intervention to customers at risk of suicide or suffering mental distress. Other figures
relevant to that period are also presented. You will note the department’s statistics relate to
‘risk of suicide’ and ‘mental distress’. Whilst those descriptions may be considered ‘self-
harm’, I seek clarification to determine what you mean by this term. Additionally, the figures
presented in the Annual Report relate only to those customers that are referred to the
department’s Social Workers.
Noting that the department’s statistics relate to ‘risk of suicide’ and ‘mental distress’, the
department may also receive threats of what may constitute ‘self-harm’ through a variety of
channels. Such records may be kept in a variety of ways by different areas of the
department (for example, geographically, by programme, or by type of service). Those
records are potentially captured by your request for ‘any documents’ recording the number of
such incidents. In clarifying your request therefore, we ask that you be as specific as
possible in order to avoid a practical refusal reason under section 24AA(1)(a)(i)
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)(a) of the FOI Act provides that a practical refusal reason exists in relation to
a request for a document if the request would substantially and unreasonably divert the
resources of the agency from its other operations.
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:
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Department of Human Services
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
