In reply please quote: FOI Request: FA 17/01/00475
File Number: ADF2017/5083
24 January 2017
Mr J Gothe-Snape
Journalist, SBS
Canberra
ACT
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr J Gothe-Snape
I refer to your email dated 04 January 2017 in which you request access to documents held
by the Department of Immigration and Border Protection (Department) under the Freedom of
Information Act 1982 (the FOI Act).
I am writing to tell you that I believe that the work involved in processing your request in its
current form would substantially and unreasonably divert the resources of this agency from
its other operations due to its broad nature, size and complexity. This is called a ‘practical
refusal reason’ (section 24AA).
On this basis, I intend to refuse access to the documents you requested. However, before I
make a final decision to do this, you have an opportunity to revise your request. This is called
a ‘request consultation process’ as set out under section 24AB of the FOI Act. You have 14
days to respond to this notice in one of the ways set out below.
Scope of Request
You have requested access to documents held by the Department that relate to:
‘all Labour Agreements agreed to by the Commonwealth under the Migration Act.’
In order for your request to be valid it must not substantially and unreasonably divert the
resources of the agency from its other operations.
Practical Refusal
Section 24AA of the FOI Act provided that 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 would substantially and unreasonably
divert the resources of the Department from its other operations;
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.border.gov.au
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(b) the request does not satisfy the requirement in paragraph 15(2)(b), that is, that
you have not provided such information concerning the document you are seeking
access to as is reasonably necessary to enable a responsible officer of the
Department to identify it.
The Department has considered the scope of your request, and has made an initial
assessment of the documents that it can identify as falling within the scope of your request.
The Department records were reviewed and it was found the scope of the request involves
545 individual labour agreements (2011-2017) at approximately 30 pages each, totalling
16,350 pages. This number does not include those agreements that were in place prior to
2011 before the creation of the labour agreement data base. A quick count of Labour
Agreement files for the period 1999-2010 is 661 and without checking each file it could not
be confirmed if each file has an approved agreement without physically obtaining and
reviewing each file.
Work Estimate
As each agreement is specific to each individual company there are confidentiality concerns
with their release. As such the following calculations include a time allowance for third party
consultations.
545 labour agreements (2011-17)
Time estimate 1362.5 hours*
estimated @ 30 pages each (16,350)
661 files for 1999-2010
estimated @ 30 pages each ( 19,830)
Time estimate 1652.5 hours*
Total time estimate 3015 hours
*Calculated at 5 miniutes per page, noting the need for consultation with third parties
The Department would be required to divert significant resources from its current operations
in order to identify, locate and collate the documents held within the Department. This work
would be required to be undertaken by a small team of three officers, and the diversion of the
resources of that team to process this request would result in an unreasonable diversion of
their resources from their business as usual.
In addition, significant resources would be required to decide whether to grant, refuse or
defer access to the large number of documents to which your request relates, or to grant
access to edited copies of such documents, including resources that would have to be used
to examine the documents, to consult with any person or body in relation to the request, and
to make copies, or edited copies, of the documents, and to notify you of any interim or final
decision on the request.
This diversion would result in a significant drain on the resources of the business areas
within the Department that would be required to process this request. To process the request
would require a complete diversion from that area’s ability to carry out their normal functions
and activities.
Request Consultation Process
You now have an opportunity to revise your request to enable it to proceed.
Under section 24AB of the FOI Act, you have 14 days to respond to this notice in writing and
advise me whether:
• you wish to make a revised request;
• indicate that you do not wish to revise your request; or
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• withdraw your request.
If you do not do one of the three things listed above during the consultation period (14 days)
or you do not consult the contact person listed below during this period, your request will be
taken to have been withdrawn in accordance with section 24AB(7) of the FOI Act.
Contact
Should you wish to revise your request or have any questions in relation to this process,
please do not hesitate to contact me at xxx@xxxxxx.xxx.xx.
Yours sincerely
Karen Chapman
FOI Officer / Freedom of Information Section
Information Management Branch
Corporate Services Division
Department of Immigration and Border Protection
