Date: Wed, 15 Aug 2018 10:22:59 +0000
Subject: Re: FOI 23544 - Notice of intention to refuse request - Consultation due to practical refusal reason - Response sought by 29 August 2018 [SEC=UNCLASSIFIED]
From: Verity Pane <[FOI #4697 email]>
To: "Information.Law" <[email address]>

Dear Unnamed Officer (Position Number 62210022),

While a rough estimation has been provided, it appears the Department is satisfied based on its enquiries that this FOI would take 60 leisurely hours for collection, assessment and decision issuance.

The primary basis of your agency’s practical refusal intention is that the amount of external legal services expenditure against veterans is very large, and covers a large number of matters. That does answer a question in, and of, itself that the Department is a frequent user of external legal services providers in litigation and opinion seeking against veterans.

But in light of this, if there is a willingness to pay for this, as per usual cost recovery processes in FOI, does the Department still intend to refuse access? Just because as FOI may exceed the free processing period is generally insufficient to refuse access, and mechanisms exist for requester contribution to be made in these circumstances.

You state to process the FOI application would deny others the opportunity to have their own FOI applications, but provide no supporting evidence to substantiate that. How many open and overdue FOIs does DVA have presently? Is there any reason a consent to extend the processing deadline cannot offset any intensity of resource allocation, as I would be prepared to consider that.

You also state the application covers ‘several’ financial years, despite only three being sought, and is too ‘broad’, yet paying for external legal services providers is not a common administrative practice and requires SES level approval. While making reference to this, you fail to provide enough information to allow for any stratification to adequately allow for any informed revision of scope to occur.

I would however be willing to refine the scope to FY15/16 in the first instance, which could have helpfully been identified in your estimates but wasn’t (instead you looked for factors to reject, rather than offer alternatives).

I guess the only thing we both agree in full on is that it is evident that DVA is a regular high frequency user of external legal services providers, over and above the more limited use by other agencies.

I still think that ways ahead exist, despite your claims to the contrary.

Yours sincerely,

Verity Pane

-----Original Message-----

Good evening Verity Pane,



 FOI 23544 – section 24AB Notice of intention to refuse – Request
 consultation due to practical refusal reason



 I refer to your request for access to information under the Freedom of
 Information Act 1982 (FOI Act); received on 16 July 2018.



 Please find attached a notification under section 24AB of the FOI Act,
 advising you of the Department’s intention to refuse your request on the
 grounds that a practical refusal reason exists. A decision on this request
 will be made pending the outcome of this requested consultation process.
 Please review and consider the attached notice and advise how you wish to
 proceed by 29 August 2018.



 If you require any further assistance or time to respond to this notice
 please do not hesitate to contact us.



 Kind Regards,



 Information Law Team

 Department of Veterans’ Affairs
 E: [1][email address] | W: [2]www.dva.gov.au



 [3]cid:image001.png@01D0027A.1DAB84F0





-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4697 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------