If not delivered return to PO Box 7820 Canberra BC ACT 2610
20 April 2018
Our reference: LEX 34976
Mr David Brown
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Brown
Freedom of Information Request - Third Party Consultation
I refer to your request, dated 16 February 2018, and received by the Department of Human
Services (
department) on that same date, for access under the
Freedom of Information Act 1982 (
FOI Act) to the following:
'…all the documents published on AusTender website under RFT 1000401959 in relation to
the Systems integrator panel for the WPIT program. The RFT was issued on 1 August 2016.'
Third-party consultation - business documents
Section 27 of the FOI Act provides that if a request is made to an agency for access to a document
containing business information of a person, organisation or undertaking, and it appears to the
agency that the person, organisation or undertaking might reasonably wish to make a contention
that the document is exempt under section 47 (trade secrets etc), or section 47G (business
information) of the FOI Act, then the agency must not decide to give access to the document unless
the person, organisation or undertaking concerned is given a reasonable opportunity to make
submissions in support of the exemption contention, if it is reasonably practicable to do so.
Section 15(6) of the FOI Act provides that the period for processing a request is extended by
30 days to meet the requirements of section 27 of the FOI Act.
Your request covers documents which contain business information concerning the business,
commercial or financial affairs of an organisation, or a person's business or professional affairs.
Accordingly, section 27 of the FOI Act applies, in that the department is required to consult with the
person or organisation concerned before making a decision on the release of those documents.
The department will take into account any comments we receive from the person or organisation.
However, the final decision on whether to grant access to the documents requested rests with the
department.
Extension of time to process the request
In accordance with section 15(6) of the FOI Act, the period for processing your request has been
extended by 30 days in order to allow the department time to consult with that person or
organisation. The processing period for this request will now end on
31 May 2018.
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Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Isabella
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
