Our reference:
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21 April 2017
Mr Paul Whiley
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Whiley
Freedom of Information Request ACIC 17-05
I refer to your request for access to documents relating to stolen firearms under the
Freedom of
Information Act 1982 (FOI Act)
.
I am an officer authorised under section 23(1) of the FOI Act to make a decision concerning the
information to which you have sought access.
Previous correspondence
Practical refusal consultation letter – 23 March 2017
On 23 March 2017 I wrote to advise you that I intended to refuse access to the documents you
requested because the work involved in processing your request would substantially and
unreasonably divert the resources of this agency from its other operations. This is called a ‘practical
refusal reason’ (section 24AA).
Revised request – 1 April 2017
On 1 April you responded via email, from which I understood that you wished to revise the scope of
your original request for access to “the records of all stolen firearms nationally for the last 5 years.
And how and where they were stolen from” to a request for access to “all of the information at your
disposal of stolen firearms in Australia”.
Further practical refusal consultation correspondence - 5 April 2017
On 5 April I wrote to advise that I consider the scope of your revised request to be broader than that
of your original request, and am therefore of the view that processing your revised request would
substantially and unreasonably divert the resources of the ACIC from its other operations.
I suggested that you consider reducing the scope of your request to be for “the number of firearms
recorded in the Australian Firearms Information Network (AFIN), the number of firearms recorded in
AFIN as stolen, and the number of firearms recorded in AFIN as lost or missing”.
I also indicated that it was open to you to withdraw your request, make a revised request, or tell us
that you did not wish to revise your request, and noted that should you refuse to make a revised
Discovering threats,
supporting law enforcement,
protecting Australia.
request, or revise your request to a scope which was still too broad to action, we would proceed to a
practical refusal of your access.
I have taken your silence in response to that email as an indication that you do not wish to revise the
scope of your request.
Decision
Having undertaken a request consultation process, as required by s 24 of the FOI Act, I now write to
advise you that, as foreshadowed in my correspondence of 23 March and 5 April, I am refusing your
request under s 24 of the FOI Act on the basis that a practical refusal reason exists in relation to the
request.
Your review rights
If you are dissatisfied with this decision you can apply for internal review or review by the
Information Commissioner. You do not have to apply for internal review before seeking the
Information Commissioner’s review.
Internal review
You may seek internal review by making an application in writing to the ACIC within 30 days of being
notified of this decision. A written application for a review should be sent to the FOI Coordinator at
xxx@xxxx.xxx.xx, or by post to:
FOI Coordinator
Australian Criminal Intelligence Commission
GPO Box 1936
Canberra ACT 2601
Information Commissioner review
Alternatively, you may apply in writing for review by the Information Commissioner. In making your
application you need to provide:
- an address for notices to be sent (this can be an email address)
- a copy of this decision.
It would also help if you set out the reasons for review in your application. Requests for review must
be in writing and can be made via the website (www.oaic.gov.au), by email at xxxxxxxxx@xxxx.xxx.xx,
or by post at:
Office of the Australian Information Commissioner
GPO Box 2999
Canberra ACT 2601
If you are objecting to a decision to refuse access to documents you must apply to the Information
Commissioner within 60 days of being given notice of the decision. You can contact the Information
Commissioner by phone on 1300 363 992.
Right to complain
You may make a complaint to the Information Commissioner about action taken by the ACIC in
relation to your application. The complaint needs to be in writing and identify the agency against
which the complaint is made.
2
Australian Criminal Intelligence Commission
The Information Commissioner may be contacted on 1300 363 992. There is no particular form
required to make a complaint, but the complaint should set out the grounds on which you consider
the action should be investigated.
Yours sincerely,
Suzannah Ward
FOI Delegate
3
Australian Criminal Intelligence Commission
