If not delivered return to PO Box 7820 Canberra BC ACT 2610
19 September 2017
Our reference: LEX 32158
Danielle
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Danielle
Your Freedom of Information request
I refer to your request, dated 18 September 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 provide specific details
about the information you are seeking. If you decide not to provide 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 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 the documents you are
seeking. This could help the department search for and locate documents.
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.
Contact officer
I am the contact officer for your request. During the consultation period you are welcome to
ask for my help in revising your request and filling out the form. You can contact me:
• in writing to the address at the top of this letter, or
• via email t
o xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
PAGE 1 OF 5
Note: When you contact us please quote the reference number
FOI LEX 32158.
Your response will be expected by
3 October 2017.
If no response is received, your matter
will be taken as withdrawn.
Time frames for processing your request
Your request was received by the department on 18 September 2017 and the 30 day
statutory period for processing your request commenced from the day after that date. The
period of 30 days may be extended if we need to consult third parties or for other reasons.
We will advise you if this happens.
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. On receipt of a revised
request the department will advise you of the new due date for your request.
The department will advise you if a charge is payable to process your request and the
amount of any such charge as soon as practicable.
Your Address
The FOI Act requires that you provide us with an address which we can send notices to. You
have advised your electronic address is
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx We will send all notices and correspondence to this address. Please advise us as soon as
possible if you wish correspondence to be sent to another address or if your address
changes. If you do not advise us of changes to your address, correspondence and notices
will continue to be sent to the address specified above.
Administrative Release of Documents
The department has administrative access arrangements ('the arrangements') for the release
of certain documents without the need for a formal FOI request. Unless you advise us
otherwise, in processing your request we may provide you with documents under these
arrangements where appropriate. The arrangements do not extend to information or
materials of third parties. Where documents are released to you under the arrangements we
will advise you in our decision letter.
Disclosure Log
Please note that information released under FOI Act may be published in a disclosure log on
the department's website. Section 11C of the FOI Act requires this publication, however it is
subject to certain exceptions, including where publication of personal, business, professional
or commercial information would be unreasonable.
Exclusion of junior staff details
The department is working towards ensuring that all staff have a choice about whether they
provide their full name, personal logon identifiers and direct contact details in response to
public enquiries. Where such details are included in the scope of a request, this may add to
processing time and applicable charges as it may be necessary to consider whether the
details are exempt under the FOI Act. On this basis, unless you tell us otherwise, we will
assume that these details are out of scope of your request and they will be redacted under
section 22 of the FOI Act.
PAGE 2 OF 5
Department of Human Services
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Chelsea
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
PAGE 3 OF 5
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:
‘Can I please request documents in relation to all staff movements (including
transfers) for the FOI Team from January 2017 - present.’
Because your request does not have sufficient specificity to enable the department to
reasonably identify the documents you are seeking, I have considered that processing your
request, in its current form, would generate an unreasonable diversion of resources for the
department.
The department is not reasonably able to identify what you mean by ‘staff movements
(including transfers)’ because you have not identified what you consider to be a staff
movement, or provided a definition of ‘staff movements’.
While you have noted this includes ‘transfers’ a number of other activities could also
reasonably be considered a ‘staff movement’, such as departure from the team, branch or
department or promotions within the team or branch. Further, the term ‘staff movements’ also
captures a vast array of documents including travel details, desk relocations and office
relocations.
You have not identified what information or documents regarding ‘staff movements’ you are
seeking. A number of documents may be captured on the basis of your current request
including, for example, documents enabling a transfer or correspondence with recruitment
teams, such as the National Graduate Programme team. Additionally, it is not currently clear
whether the commencement of new staff is within scope of your request.
The broad scope of your current request captures a large number of documents. For
example, the documents potentially meeting the scope of your request for one graduate in
the FOI Team would involve all section 25 paperwork, all emails between staff relating to the
section 25 transfer including emails between staff about start dates, travel documents for any
travel the graduate has undertaken, desk location paperwork and any movements including
any paperwork associated with attending seminars outside of the office, calendars showing
locations of particular events, meeting invitations for any meetings at a location other than
the staff members present location.
Given that the FOI Team comprises of more than 30 members, I consider that your request
is manifestly voluminous. I have made this assessment on the basis that for one graduate in
the FOI Team between 50-100 pages at a minimum would be captured. Multiplying this by 30
would result in 1500 pages captured in scope of your request, even using the smallest
calculation.
Locating, deciding on, and redacting the broad range of documents captured in your request
would be an unreasonable diversion of resources for the department. Additionally, many of
the documents would require consulting on because they may contain sensitive personal
information.
Assistance to revise your request
To assist you to revise your request please consider making one or more of the following
revisions to the scope of your request;
PAGE 4 OF 5
Department of Human Services
• identify what you mean by ‘staff movements’;
• identify the specific information you are seeking in relation to staff movements; and
• advise which particular categories of documents you seek.
Under sections 24AA(1)(a)(i), 24AA(1)(b), 24AA(2) and 24 of the FOI Act, I intend to refuse
your FOI request as a 'practical refusal reason' exists. Under the FOI Act, the practical
refusal reason is that your request does not satisfy the requirements in paragraph 15(2)(b)
(identification of documents) and processing your current request ‘would substantially and
unreasonably divert the resources’ of this agency.
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(6) of the FOI Act 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.
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 section 24AB(6) of the FOI
Act before the end of the consultation period.
PAGE 5 OF 5
Department of Human Services
