Attachment A
Section 24AA of the FOI Act: 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:
(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.
Section 24AB of the FOI Act: 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;
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(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 t
he 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;
(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.
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Attachment B
Review Rights
If you are dissatisfied with the decision of the Attorney-General’s Department (the department), you
may apply for internal review or Information Commissioner review of the decision.
The department encourages applicants to consider seeking internal review as a first step as it may
provide a more rapid resolution of your concerns.
Internal review
Under section 54 of the
Freedom of Information Act 1982 (FOI Act), applications for internal review
must be made in writing within 30 days of the date of the decision letter. Applications for internal
review must be lodged by email or post.
email:
xxx@xx.xxx.xx
post:
Freedom of Information and Parliamentary Section
Strategy and Governance Branch
Attorney-General’s Department
3-5 National Circuit
BARTON ACT 2600
An officer of the department other than the officer who made the original decision will complete the
internal review within 30 days of receipt of your request.
Providing reasons you believe internal review of the decision is necessary will facilitate the
completion of the internal review.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to
review my decision. An application for review by the Information Commissioner must be made in
writing within 60 days of the date of the decision letter, and can be lodged in one of the following
ways:
online:
https://forms.business.gov.au/aba/oaic/foi-review-/
email:
xxxxxxxxx@xxxx.xxx.xx
post:
GPO Box 5218, SYDNEY NSW 2001
in person: Level 3, 175 Pitt Street, SYDNEY NSW 2000
More information about Information Commissioner review is available on the Office of the
Australian Information Commissioner website.
Go t
o http://www.oaic.gov.au/freedom-of-information/foi-reviews
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