FOI
Request consultation process due to existence of a practical refusal
reason under section 24AB of the Freedom of Information Act 1982
Information Law Section, Legal Services and General Counsel Branch, Department of
Veterans’ Affairs
Applicant:
Verity Pane
Notice date:
30 October 2018
FOI reference number:
FOI 25057
Requested documents:
“
…Under s 17 of the FOI Act, I apply for a compiled document from your
financial management information system and human resource
management information system (if necessary) data holdings, of all
payments made by DVA to contracted medical advisors over FY17/18, listed
by each contract medical advisor (detailing total money paid and the total
number of hours it related to)…”
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Verity Pane,
Freedom of Information Request: FOI 25057
I refer to your request for access to documents under the
Freedom of Information Act 1982 (
FOI Act)
received by the Department of Veterans’ Affairs (
Department) on 12 October 2018
.
I, Position Number 62212962, Legal Officer, Information Law Section, am an officer authorised by the
Secretary of the Department to make decisions about access to documents in the possession of the
Department in accordance with section 23(1) of the FOI Act.
This is a notice of an intention to refuse access, in accordance with section 24AB(2) of the FOI Act, to the
documents you have requested because two ‘practical refusal reasons’ exist in accordance with section
24(1) of the FOI Act.
When does a practical refusal reason exist (section 24AA of the FOI Act)
I believe that two ‘practical refusal reasons’ exist in relation to your request. Your request in its current
form does not satisfy the requirement in section 15(2)(b) of the FOI Act, which is that the request must
provide such information concerning the document as is reasonably necessary to enable a responsible
1
officer of the agency to identify it (section 24(1)(b) of the FOI Act) and to the extent that some documents
can be identified, processing your request would be substantially and unreasonably divert the resources of
the Department from its other operations (section 24(1)(a)(ii) of the FOI Act).
Why I intend to refuse your request
Identification of documents Your request uses the general term “
contracted medical advisers”. Following a preliminary consultation
with the relevant business area within the Department, they have advised that the term “
contracted
medical advisers” is broad and captures a number of different categories such as medical services provided
by doctors, community nurses, psychologists, dentists etc.
Further, the Department also pays for psychological support, reports provided for income support
purposes, pharmacists, mental health specialists and so forth. These types of payments may also fall under
your general term of “
contracted medical advisers” however it is unclear whether you wish to include these
payments within the scope of your request.
Request is unreasonable and substantial
To the extent that some documents can be identified from your request, processing your request would
substantially and unreasonably divert the resources of the Department from its other operations.
The guidelines provided by the Office of the Australian Information Commissioner, at 3.54, provides that:
A request should be interpreted as extending to any document that might reasonably be taken to be
included within the description the applicant has used.
As your request has not specifically identified the type of “
contracted medical advisers”, the Department
would have to search over tens of thousands of invoices to determine what documents fall within the
scope of your request.
Additionally, I have been advised by the relevant business area within the Department that due to the
Department’s Accounts Payable Team’s processes, the Department will be required to search all invoices to
determine the total money paid and total number of hours it related to.
Taking these factors into account, I have decided that processing your request would substantially and
unreasonably divert the resources of the Department from its other operations.
What you should do?
You can revise the request in a form that would remove the ground for refusal. Please note that even if you
do modify your request, it is possible that a practical refusal reason under section 24AA(1)(a)(i) may still
exist or the Department may need further time to process your revised request. This will depend on the
2
terms of your final request. As far as is reasonably practicable, we are happy to provide you with further
information to assist you in revising your request so that it removes the practical refusal grounds.
If you are able to pinpoint the specific documents within your request, or clarify more particularly the
information you are seeking, that would assist. In particular, you may wish to consider:
restricting the date range to a smaller period of time; and/or
refining the scope of your request to specific medical professions.
Please note you have
14 days from the date you receive this notice to either:
withdraw the request;
make a revised request; or
indicate that you do not wish to revise the request.
If you do not respond in one of these ways
by close of business 13 November 2018, your request will be
taken to have been withdrawn pursuant to section 24AB(7) of the FOI Act. If you indicate you do not wish
to revise your request, the Department will proceed to make a decision on whether to refuse the request
under section 24(1) of the FOI Act.
If you need more time to respond, please contact the Information Law Section via the below contacts,
within the 14 day period to discuss your need for an extension of time.
Please note under section 24AB(8) of the FOI Act, the time for processing your FOI requests is suspended
from the day you receive this notice until the day you do one of the things listed above.
An extract of the provisions of the FOI Act that are relevant to this notice are set out at
Schedule 1.
Contact us
If you would like to revise your request or have any questions, please contact me using the details listed
below:
Post: Legal Services & General Counsel, Department of Veterans’ Affairs
GPO Box 9998, Canberra ACT 2601
Facsimile: (02) 6289 6337
Email: xxxxxxxxxxx.xxx@xxx.xxx.xx
3
Yours sincerely,
Position Number 62212962
Legal Officer
Information Law Section | Legal Services & General Counsel Branch
Legal Assurance and Governance Division
30 October 2018
4
FOI
Schedule 1
Schedule of relevant provisions in the FOI Act
15
Requests for access (as related to the requirements for requests)
Persons may request access
(1)
Subject to section 15A, a person who wishes to obtain access to a document of an agency
or an official document of a Minister may request access to the document.
Requirements for request
(2)
The request must:
(a)
be in writing; and
(aa)
state that the request is an application for the purposes of this Act; and
(b)
provide such information concerning the document as is reasonably necessary to
enable a responsible officer of the agency, or the Minister, to identify it; and
(c)
give details of how notices under this Act may be sent to the applicant (for
example, by providing an electronic address to which notices may be sent by
electronic communication).
(2A) The request must be sent to the agency or Minister. The request may be sent in any of the
following ways:
(a)
delivery to an officer of the agency, or a member of the staff of the Minister, at the
address of any central or regional office of the agency or Minister specified in a
current telephone directory;
(b)
postage by pre-paid post to an address mentioned in paragraph (a);
(c)
sending by electronic communication to an electronic address specified by the
agency or Minister.
24
Power to refuse request--diversion of resources etc.
(1)
If an agency or Minister is satisfied, when dealing with a request for a document, that a
practical refusal reason exists in relation to the request (see section 24AA), the agency or
Minister:
(a)
must undertake a request consultation process (see section 24AB); and
(b)
if, after the request consultation process, the agency or Minister is satisfied that
the practical refusal reason still exists--the agency or Minister may refuse to give
access to the document in accordance with the request.
(2)
For the purposes of this section, the agency or Minister may treat 2 or more requests as a
single request if the agency or Minister is satisfied that:
(a)
the requests relate to the same document or documents; or
(b)
the requests relate to documents, the subject matter of which is substantially the
same.
24AA When does a practical refusal reason exist?
(1)
For the purposes of section 24, a practical refusal reason exists in relation to a request for a
document if either (or both) of the following applies:
5
(a)
the work involved in processing the request:
(i)
in the case of an agency--would substantially and unreasonably divert the
resources of the agency from its other operations; or
(ii)
in the case of a Minister--would substantially and unreasonably interfere
with the performance of the Minister's functions;
(b)
the request does not satisfy the requirement in paragraph 15(2)(b) (identification
of documents).
(2)
Subject to subsection (3), but without limiting the matters to which the agency or Minister
may have regard, in deciding whether a practical refusal reason exists, the agency or
Minister must have regard to the resources that would have to be used for the following:
(a)
identifying, locating or collating the documents within the filing system of the
agency, or the office of the Minister;
(b)
deciding whether to grant, refuse or defer access to a document to which the
request relates, or to grant access to an edited copy of such a document, including
resources that would have to be used for:
(i)
examining the document; or
(ii)
consulting with any person or body in relation to the request;
(c)
making a copy, or an edited copy, of the document;
(d)
notifying any interim or final decision on the request.
(3)
In deciding whether a practical refusal reason exists, an agency or Minister must not have
regard to:
(a)
any reasons that the applicant gives for requesting access; or
(b)
the agency's or Minister's belief as to what the applicant's reasons are for
requesting access; or
(c)
any maximum amount, specified in the regulations, payable as a charge for
processing a request of that kind.
24AB What is a request consultation process?
Scope
(1)
This section sets out what is a request consultation process for the purposes of section 24.
Requirement to notify
(2)
The agency or Minister must give the applicant a written notice stating the following:
(a)
an intention to refuse access to a document in accordance with a request;
(b)
the practical refusal reason;
(c)
the name of an officer of the agency or member of staff of the Minister (the
contact person ) with whom the applicant may consult during a period;
(d)
details of how the applicant may contact the contact person;
(e)
that the period (the consultation period ) during which the applicant may consult
with the contact person is 14 days after the day the applicant is given the notice.
Assistance to revise request
(3)
If the applicant contacts the contact person during the consultation period in accordance
with the notice, the agency or Minister must take reasonable steps to assist the applicant
to revise the request so that the practical refusal reason no longer exists.
(4)
For the purposes of subsection (3), reasonable steps includes the following:
(a)
giving the applicant a reasonable opportunity to consult with the contact person;
6
(b)
providing the applicant with any information that would assist the applicant to
revise the request.
Extension of consultation period
(5)
The contact person may, with the applicant's agreement, extend the consultation period by
written notice to the applicant.
Outcome of request consultation process
(6)
The applicant must, before the end of the consultation period, do one of the following, by
written notice to the agency or Minister:
(a)
withdraw the request;
(b)
make a revised request;
(c)
indicate that the applicant does not wish to revise the request.
(7)
The request is taken to have been withdrawn under subsection (6) at the end of the
consultation period if:
(a)
the applicant does not consult the contact person during the consultation period in
accordance with the notice; or
(b)
the applicant does not do one of the things mentioned in subsection (6) before the
end of the consultation period.
Consultation period to be disregarded in calculating processing period
(8)
The period starting on the day an applicant is given a notice under subsection (2) and
ending on the day the applicant does one of the things mentioned in paragraph (6)(b) or (c)
is to be disregarded in working out the 30 day period mentioned in paragraph 15(5)(b).
Note: Paragraph 15(5)(b) requires that an agency or Minister take all reasonable steps to notify an applicant of a
decision on the applicant's request within 30 days after the request is made.
No more than one request consultation process required
(9)
To avoid doubt, this section only obliges the agency or Minister to undertake a request
consultation process once for any particular request.
7
