Our ref: 67636
El ie
via Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear El ie
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 1 December 2020 in which you sought access under the Freedom of Information Act
1982 (the FOI Act) to the fol owing:
I REQUEST under the Freedom of Information (FOI) Act from the Department of Industry, Science,
Energy and Resources (Department) documents containing:
(1) each RIF webpage [1] update to date including the contents, requests and approvals; and
(2) the advice provided to Department staff during the tender process that Daniel Smith is working
for MassChal enge.
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
substantial y and unreasonably divert the resources of the department from its other operations.
My view is based on a conservative estimate that over 25 hours to retrieve and process documents only
fal ing within scope of your first request. We anticipate with the inclusion of your second request, the
time it would take to process your request wil be significantly higher.
I also wish to advise that:
I estimate that there are over 60 documents and approximately 114 pages relevant to your
request as presently framed;
There are at least 4 third parties identified in the relevant documents and consultation wil be
required prior to considering possible release of many of the documents fal ing 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 is likely to
be higher than the estimate;
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 particular timeframes.
Further, you may wish to consider the fol owing suggestions to revise the scope of your FOI request
(please note that these are suggestions only and do not guarantee the practical refusal reason/s wil no
longer exist):
Consider confining your request to a specific timeframe.
Clarify what you documents would like to fal within the meaning of ‘advice’.
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 fol owing 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
industry.gov.au
Industry House - 10 Binara Street, Canberra City, ACT 2601
2
GPO Box 2013 Canberra ACT 2601 ABN: 74 599 608 295
Should you wish to discuss this matter further, please contact the FOI team on by email at
xxx@xxxxxxxx.xxx.xx.
Yours sincerely
Sasha Pesic
Senior FOI Officer
Legal, Audit & Assurance
23 December 2020
industry.gov.au
Industry House - 10 Binara Street, Canberra City, ACT 2601
3
GPO Box 2013 Canberra ACT 2601 ABN: 74 599 608 295
