Royal Commission Records
CM: Re: Request Consultation Process (practical refusal) - FOI20/007 [SEC=UNCLASSIFIED]
Tuesday, 28 January 2020 4:09:18 AM
Good Morning Betsy
Thank you for your emails.
I would like to revise my FOI request, please provide:
a copy of the information that was sent by CEO of
the Royal Commission, Mr Phillip Reed to Mr
Untahnk/Saysorry.org on the 15 December 2017
any communication between the Royal
Commission and Mr Steven Unthank, Ms Lara
Kaput and saysorry.org in relation to my
testimony, private session and Case Study 29, 54
any communication between staff members and
Mr Steven Unthank, Ms Lara Kaput and
saysorry.org in relation to obtaining special
access to information and or documents not
otherwise publicly available.
any participation and communication supporting
Mr Steven Unthank, Ms Lara Kaput and
saysorry.org’s offical or unofficial involvement or
consultation or employment for influencing or
setting the terms of reference and or contribution
to the decision making processes, findings and or
reviews of any evidence or provision of any
evidence relating to Case Study 29, 54 and 57.
On 20 Jan 2020, at 3:38 pm, Royal Commission Records <[email address]
Dear Section 47FFreedom of information request FOI20/007
I refer to your request for access to documents relating to communications
between the Royal Commission and Mr Steven Unthank. Your request is as follows:
a copy of the information that was sent by CEO of the Royal Commission, Mr
Phillip Reed to Mr Untahnk/Saysorry.org on the 15 December 2017
a list of all of the organisations and persons that the above information,
including any other information about me was sent to by CEO of the Royal
Commission, Mr Phillip Reed or any other employee of the Royal Commission
I am writing to inform you that we believe that the work involved in processing
your request, in its current form, would substantially and unreasonably divert the
resources of this agency from its other operations due to its broad scope. This is
called a ‘practical refusal reason’ (section 24AA of the FOI Act).
On this basis, we may refuse access to the document you requested. However,
before a final decision to do this is made, you have an opportunity to revise your
request. This is called a ‘request consultation process’ as set out under section
24AB of the FOI Act. Part of this request consultation process is that we ask you to
consider narrowing the scope of your request. You have 14 days to respond to this
in one of the ways set out below.
Why I intend to refuse your request and request consultation process
We understand that the information you refer to in the first part of your request
was part of an initial distribution of Final Report materials. This material is publiclyavailable and you can order it via the following link
Our supplier for warehousing and distribution has provided us with a document
listing all the recipients for the initial distribution of the Royal Commission’s Preface
and Executive summary DVD pack and letter from the CEO. The document lists
1123 different parties for distribution.
Under section 24AA(2) of the FOI Act, the agency or minister must have regard to
the resources that would have to be used for the following processes:
<!--[if !supportLists]-->· <!--[endif]-->identifying, locating or collating
the documents within the filing system of the agency or the office of
<!--[if !supportLists]-->· <!--[endif]-->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 examining the document
or consulting with any person or body in relation to the request)
<!--[if !supportLists]-->· <!--[endif]-->making a copy or an edited
copy, of the document
<!--[if !supportLists]-->· <!--[endif]-->notifying any interim or final
decision on the request.
Conducting third party consultation for each of the 1123 different parties would
take an unreasonable amount of time due to the large number of recipients. You
now have an opportunity to revise your request to enable it to proceed.
You may wish to narrow your scope so that it does not include third party
information and would therefore not require extensive third party consultation. If
you revised your request in this way, you would still receive information about the
states and territories and post codes where the packs were sent.
Before the end of the consultation period, you must do one of the following, in
<!--[if !supportLists]-->· <!--[endif]-->withdraw your request
<!--[if !supportLists]-->· <!--[endif]-->make a revised request
<!--[if !supportLists]-->· <!--[endif]-->tell us that you do not wish to revise
The consultation period runs for 14 days and starts on the day after you receive this
notice. Please provide a response by COB 4 February 2020.
During this period, you are welcome to seek assistance from the contact person
listed below to revise your request. If you revise your request in a way that
adequately addresses the practical refusal grounds outlined above, we will
recommence processing it. (Please note that the time taken to consult you
regarding the scope of your request is not taken into account for the purposes of
the 30 day time limit for processing your request.)
If you do not do one of the three things listed above during the consultation period
or you do not consult the contact person during this period, your request will be
taken to have been withdrawn.
If you would like to revise your request or have any questions, you can email[email address]
or phone Betsy Bailetti on 02 6141 2668.
Royal Commissions Branch
3-5 National Circuit | Barton ACT 2600[email address] | www.ag.gov.au
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