Our ref: LEX68432
Menzies
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear 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 22 March 2021, in which you sought access under the
Freedom of Information Act 1982
(the FOI Act) to the following:
- as bundle A - please release documents demonstrating Zoe Naden to be at Senior Executive
Service level by 3/12/2019
- as bundle B - please release documents demonstrating the authority for Zoe Naden to act in the
capacity of general manager by 3/12/2019
- as bundle C - please release documents demonstrating the authority for Zoe Naden to act in the
capacity of Incubator Support Initiative Delegate by 3/12/2019 in line with the Duty Statements
here- https://protect-
au.mimecast.com/s/aH2LCOMxKxURNEDWFEeyza?domain=righttoknow.org.au...
- as bundle D - please release documents demonstrating that Zoe Naden was on leave on
3/12/2019
- as bundle E - please release documents demonstrating that Zoe Naden was on leave on
4/12/2019
Under subsection 24(1) of the FOI Act, I am satisfied that a practical refusal reason exists in relation to
this request, particularly with respect to parts B and C. The practical refusal reason is that the request
does not satisfy the requirement in paragraph 15(2)(b) of the FOI Act (identification of documents).
Paragraph 15(2)(b) of the FOI Act provides that a request must provide such information as is reasonably
necessary to enable the agency to identify the documents that are being requested.
I am unable to reasonably identify what documents you are seeking in relation to Parts B and C of your
request because, based on the wording of both your request, it is unclear what documents are intended
to be sought. In particular, the use of the word 'demonstrating' is open to multiple interpretations, and
is subjective as to the kinds of documents that would satisfy a reasonable person as to the existence or
non-existence of the information sought. As such, without further clarification, the department is unable
to conduct a search for possible documents that fall within the scope 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
clarified, you may consider specifying what type of document(s) you are seeking. For example, you
might want to ask for a delegation instrument, general manager role/position statement, a policy
document, or a document relating to this instance of the specified employee acting as general manager
only.
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
19 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
