Our ref: LEX 68410
Mr Denis Jakota
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Jakota
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 17 March 2021, in which you sought access under the
Freedom of Information Act 1982
(
FOI Act) to the following:
"Please make available only page 1 of the Eligibility and Completeness Checklist (that includes
criteria 1. a & b) for all incubator support initiative 'new and existing' applications that were
assessed as ineligible (rather than just incomplete on page 5).
You may find page 1 of the Eligibility and Completeness Checklist as page 14 in the PDF here:
https://protect-au.mimecast.com/s/ZjDBCZYM1MI2Lr7Luz299v?domain=righttoknow.org.au
Please remove all personal and business information including that of third parties as only the
ticked checkboxes are required without the applicants' details."
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 50 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 and approximately 90 pages relevant to your
request as presently framed;
• there are at least 15 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 is likely to
be higher than the estimate; and
• most 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 suggestions (please note that these are suggestions
only and do not guarantee the practical refusal reason/s will no longer exist):
• limiting your request to particular timeframes; and/or
• narrowing the subject matter and context of the ineligible applications sought, rather than all
incubator support initiative 'new and existing' applications that were assessed as ineligible.
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
16 April 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
