If not delivered return to PO Box 7820 Canberra BC ACT 2610
28 July 2014
Mr Geordie Guy
By email: foi+request-672-
Our reference: LEX 9353
xxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Guy,
Your Freedom of Information request
1. I refer to the request that you have made for access to the following under the
Freedom of
Information Act 1982 (Cth) (FOI Act):
“
a copy of the source code for the MyGov web application”.
2. I am an officer authorised under subsection 23(1) of the FOI Act to make decisions in relation to FOI
requests.
3. I am writing to notify you of my intention to refuse your FOI request on the basis that a practical
refusal reason exists, as defined under section 24AA of the FOI Act. I consider that the work involved
in processing your request would substantially and unreasonably divert the resources of this agency.
4. Before I make a final decision to refuse your request, you have an opportunity to engage in a
‘request consultation process’ as set out under section 24AB of the FOI Act. This process enables you
to revise and narrow the scope of your request. You have
14 days to respond to this notice in one of
the ways set out below.
Why I intend to refuse your request
5. Subparagraph 24AA(1)(a)(i) of the FOI Act provides that a practical refusal reason
exists in relation to
a FOI request if the work involved in processing the request would substantial y and unreasonably
divert the resources of the department from its other operations.
6. Subsection 24AA(2) of the FOI Act sets out certain factors which the department must consider when
determining whether providing access in relation to a request would substantial y and unreasonably
divert the department’s resources. The department must specifical y have regard to the resources
that would have to be used for:
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a) identifying, locating or collating the documents within the department’s filing
system;
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 examining the document or consulting in
relation to the request;
c) making a copy, or an edited copy, of the document; and
d) notifying any interim or final decision on the request.
7. In order to assess the work that would be involved in processing your request, I have undertaken
preliminary consultations with the department’s Online Services Branch. I have been advised that the
source code that you have requested is stored in a code repository in electronic form only, with the
total code base consisting of numerous lines of code.
8. While I understand that it may be possible to reproduce the code in written form, this would amount
to in excess of 20,000 pages of material falling within the scope of your request.
9. A decision-maker could not uniformly apply a decision on access to the code in its entirety. As a
result, all pages of material would need to be considered carefully in order to properly make a
decision on access. Given the volume and complexity of the material being considered and the range
of sensitivities associated with the potential disclosure of this information, I consider that the time
required for decision-making would be substantial and would require significant input from subject
matter experts. This does not take into account third party consultation, which I understand may also
be required if this request were to be processed.
10. As well as involving a substantial diversion of the department’s resources, I also consider that
directing those resources to processing your request in its current form would be unreasonable on
the basis that making a decision on the code you seek would require department staff to consider
sensitivities contained in voluminous material which would detract from their day to day
responsibilities.
11. For the reasons outlined above, I have decided that a practical refusal reason exists under
subparagraph 24AA(1)(a)(i) of the FOI Act in relation to your request, as the work involved in
processing your request would substantial y and unreasonably divert the resources of the
department.
Request consultation process
12. You now have an opportunity to revise your request to enable it to proceed. Engaging in the ‘request
consultation process’ under section 24AB of the FOI Act can mean narrowing the scope of the
request to make it more manageable or explaining in more detail the documents you wish to access.
13. Before the end of the consultation period you must do one of the fol owing, in writing:
a) withdraw your request
b) make a revised request, or
c) indicate that you do not wish to revise the request.
14. The consultation period runs for
14 days and starts on the day after you receive this notice.
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Department of Human Services
15. 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 wil be taken to have been withdrawn.
Contact officer
16. I am the contact officer for this request.
17. During the consultation period you are welcome to seek assistance. 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).
18. If you would like to revise your request or have any questions, you can contact me by writing to the
following address:
FOI Legal Team
FOI and Information Release Branch
Department of Human Services
PO Box 7788
Canberra Mail Centre ACT 2610
19. Alternatively, you can send an email to
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
20.
If you do not contact the department within this period, your FOI request wil be taken to have
been withdrawn under section 24AB(7) and wil not be dealt with any further.
Yours sincerely
Julian Russel
Government Lawyer
FOI and Information Release Branch
Legal Services Division
Department of Human Services
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Department of Human Services
