Our ref: LEX 68215
Mr Menzies
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Menzies
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 23 February 2021 in which you sought access under the
Freedom of Information Act
1982 (
FOI Act) to the following:
Please release all documents created by Erin Higuchi suggesting to or requesting from Alan
Hilvert-Bruce to interfere/manage/respond to FOI requests.
Please release all documents created by Erin Higuchi suggesting to or requesting from Alan
Hilvert-Bruce to interfere/manage/respond to FOI requests that seek names of legal counsel.
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 110 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 15 documents comprising approximately 585 pages relevant to
your request as presently framed;
• there are at least 3 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 identify
additional documents that have not been included in the processing time 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 wish to consider the following (please note that these are suggestions only and do
not guarantee the practical refusal reason/s will no longer exist):
• narrowing the date range for the required documents;
• specifying particular FOI requests that you are referring to, rather than any FOI requests;
• specifying particular types of documents that you are seeking; and/or
• narrowing the subject matter and context of the documents being sought, rather than
documents that relate either to interfering, managing or responding to any FOI requests.
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
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 by email at
xxx@xxxxxxxx.xxx.xx.
Yours sincerely
Sasha Pesic
Senior FOI Officer
Legal, Audit & Assurance
11 March 2021
industry.gov.au
Industry House - 10 Binara Street, Canberra City, ACT 2601
3
GPO Box 2013 Canberra ACT 2601 ABN: 74 599 608 295
