UNCLASSIFIED

Good afternoon,

Thank you for your attached FOI inquiry, dated 12 June 2020.

I note that your request is seeking access to 'all emails, minutes and conversations”'. Please be advised that a request for any/all documents concerning a particular subject will likely attract refusal under section 24AA of the FOI Act because, with few exceptions, it would simply not be possible for the decision maker to certify that he or she has identified every copy of every document in the Department's possession. To do so would require a search of every hard copy file and the electronic communication and records management systems used by Defence. It is considered that the workload involved in conscientiously attempting to do so would involve a substantial and unreasonable diversion of the resources of the agency.

Taking the above into consideration, under section 24AA of the FOI Act and for the purposes of section 24 of the FOI Act, Defence considers that a 'practical refusal reason' exists in relation to your FOI request. Specifically, Defence considers that the work involved in processing the request in its current form would substantially and unreasonably divert the resources of the Defence from its other operations. In particular, a very significant amount of resources would have to be diverted to arrange for the required searches to be undertaken, to then review any documents that were identified as being possibly relevant to your request. And finally, to undertake the decision making process on any documents that did meet the parameters of your request.

This diversion would constitute a significant drain on the resources of the agency, and would have an unreasonable, substantial and adverse effect in the ability of areas to conduct their normal business.

In accordance with section 24AB of the FOI Act, Defence is required to consult with you advising of the intention to refuse access to your request in its current form.

In accordance with paragraph 24AB(2)(c) of the FOI Act, I am the nominated person with whom you should contact with a view to agreeing to one of the following options:

a. withdraw your request

b. revise your request; or

c. indicate that you do not wish to revise your request.

In accordance with section 24AB(9) of the FOI Act, Defence is only required to undertake this consultation process once, and you must contact me within 14 days to discuss.

Potential revision of your scope: I would suggest you provide a date range for the request and specify the area and/or individuals or positions who may hold documents. As it stands we are unable to conduct searches for the documents matching your scope.

I encourage you to contact me so I can assist you in moving forward with your inquiry.

Kind regards,

Case Manager | Freedom of Information
Enterprise Reform Branch | Governance and Reform Division | Department of Defence
a CP1-6-002 Campbell Park Offices ACT 2600

e[email address]

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