Our ref: 66879
Alby P.
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Alby
Freedom of Information Act – Notice of intention to refuse
I refer to your request received by the Department of Industry, Science, Energy and Resources (the
department) on 26 August 2020, in which you sought access under the
Freedom of Information Act 1982
(the FOI Act) to the following:
"...department emails written by Tminus Accelerator (department contractor) staff members
during delivery of the incubator support grant program... during the time period starting on
31/10/19 and ending on 11/12/19."
Under subsection 24(1) of the FOI Act, I am satisfied that a practical refusal reason exists in relation to
this request. The practical refusal reason is that the work involved in processing the request would
substantially and unreasonably divert the resources of the department from its other operations.
My view is based on a conservative estimate that over 76 hours of decision making and processing time
is required to deal with this request. I also wish to advise that:
I estimate that there are over 210 documents relevant to your request as presently framed;
There are at least two third parties identified in the relevant documents and consultation will be
required prior to considering possible release of many of the documents falling within the scope
of the request.
There are additional areas where searches have not been completed which are likely to have
additional relevant documents and therefore the total number of relevant documents and third
parties is likely to be higher than the estimate; and
Many of the documents you are seeking contain sensitive information that requires more
decision making time, thus adding to the voluminous nature of your request.
In accordance with section 24(1)(a) and 24AB of the FOI Act, I am writing to provide you with written
notice that I intend to refuse your request on the grounds that a practical refusal reason exists and to
initiate a request consultation process in accordance with section 24AB of the FOI Act.
Request consultation process
Before I make a decision to refuse your request under section 24(1)(b) of the FOI Act, I would like to
provide you with the opportunity to revise the scope of your request so that a ‘practical refusal reason’
no longer exists. Although it is your responsibility to suggest ways that your request may be revised and
narrowed, you may consider limiting your request to particular topics or a narrower timeframe.
Should you wish to revise your request, you must do so
within 14 days after the day you are given this
notice (unless extended by agreement with the department). If you are unable to meet this deadline
and wish to arrange an extension of time in which to consider this matter, or would like to discuss how
you could best revise the scope of the request, please contact the FOI team by email at
xxx@xxxxxxxx.xxx.xx.
Under subsection 24AB(6) of the FOI Act, you must, before the end of the 14-day consultation period,
do one of the following by written notice to the department:
a) withdraw the request;
b) make a revised request; or
c) indicate that you do not wish to revise the request.
Please note that under subsection 24AB(7), the request is taken to have been withdrawn at the end of
the 14 day consultation period if:
(a) the applicant does not consult the contact person during the consultation period in accordance
with this notice; or
(b) the applicant does not do one of the things mentioned in subsection(6) before the end of the
consultation period.
In accordance with subsection 24AB(8) of the FOI Act, the 14-day consultation period is to be
disregarded in calculating the processing period for the request.
Your written response should be addressed to:
FOI Coordinator
Department of Industry, Science, Energy and Resources
GPO Box 2013
CANBERRA ACT 2601
Or by email to: xxx@xxxxxxxx.xxx.xx
Should you wish to discuss this matter further, please contact the FOI team by email at
xxx@xxxxxxxx.xxx.xx.
Yours sincerely
Heather Davidson
A/g Senior FOI Officer
Legal, Audit & Assurance
3 September 2020
industry.gov.au
Industry House - 10 Binara Street, Canberra City, ACT 2601
2
GPO Box 2013 Canberra ACT 2601 ABN: 74 599 608 295
