Defence FOI 540 2021 documents.pdf

From:
FOI Case Management
Subject:
FOR ACTION: FOI Tasking - FOI xxx/YY/YY
Notes for FOI Case Managers:
  Review and update red text as appropriate, then change all to black text.
  Keep the due dates in red.
  Attach a draft SOR and SOD to this email.
  Send email with high importance and request a read receipt
  Set security classification to Official
  IF charges are applicable, set due date for Phase 1 of no more than 5 days.
  IF this is a Media / Sensitive request include the PDF titled “FOI MIN Alert Processes for ADM”
AND “Talking Points” document to this tasking.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

Dear <NAME/Group>

This is a formal tasking relating to a request made on <DD Month YYYY>, by <applicant name> under the
Freedom of Information Act 1982 (FOI Act) for:

“[insert scope of request]”

Action required

Phase 1: Identify documents and appoint an ADM – due by <DD Month YYYY>
1.  Acknowledge receipt of this request.
2.  Appoint an appropriate FOI Accredited Decision Maker (ADM) and advise the FOI Case Manager.
Note: Please advise if there is a change to the appointed decision maker during the life of this
request.
3.  [IF MEDIA/SENS] Advise the FOI Case Manager of the name and contact details for the SES Band
1/1 Star subject matter expert for the topic of the request.
4.  Send the following to the FOI Case Manager:
‐  The in‐scope documents in PDF form with no redactions
‐  A signed copy of the ‘search checklist’ https://objective/id:BN5875067.
‐  The Schedule of Documents (only required if there are five or more documents)
5.  [IF CHARGES] Please note that charges are being considered for this request. The Case Manager
will need early advice on potential redactions for the in‐scope documents in order to calculate the
charges and communicate this with the applicant.

Phase 2: Prepare draft documents – due by < DD Month YYYY >
1.  Prepare and send the following to the FOI Case Manager:
‐  Draft (unsigned) Statement of Reasons
‐  Draft Schedule of Documents
‐  PDF copy of the documents with proposed redactions marked with relevant redaction codes

Phase 3: Final documents – due by < DD Month YYYY >
1.  Prepare and send the following to the FOI Case Manager:
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‐  Finalised cleared Talking Points (if requested)
‐  Signed Statement of Reasons (PDF version)
‐  Documents in the form approved for release (with redactions applied by the ADM)
‐  Schedule of Documents (if applicable)

Consultation

If the ADM identifies information that requires consultation with third parties, including foreign entities or
State governments, please contact me for further guidance. It is important that this is identified early so
that we can manage the available time appropriately.

If the ADM considers there is a requirement to liaise with the offices of the Minister, Secretary, CDF or
VCDF, please advise as soon as possible—the FOI team will facilitate.

Talking points and briefing support

Talking points are required for all media and sensitive FOI requests. Other briefing material may be
required.  If this is the case, you will be advised when they need to be provided to the FOI Directorate for
dissemination to relevant parties. [IF MEDIA/SENS] As this is a media / sensitive request, additional
information has been attached for your information.

Timeframes

Under the FOI Act, Defence has 30 calendar days to provide a decision and documents to the applicant.
Failure to provide the documents to the appointed ADM in a timely manner will impact on the time they
have available to make their decision. Documents and draft decisions must be reviewed by the FOI
Directorate before they can be signed by the ADM. The timeline below provides a rough outline of what is
required during the 30 days.

[FOR USE OVER CHRISTMAS PERIOD] Please note the timeframes listed above are contracted due to the
impending Defence stand‐down period. We are seeking a s15AA extension from the applicant and will
advise you as soon as a response is received by the FOI Team. If the applicant agrees to an extension of
time, we will advise you of the revised due dates.

Templates and examples

Templates have been attached to this email for the Statement of Reasons (SOR) and Schedule of
Documents. If you require assistance with drafting the SOR please contact the FOI Case Manager and we
can provide sample wording for the ADM to consider.

FOI Case Manager

I am the Case Manager for this request and I am here to help you process this request. Please contact me
early to discuss any questions or concerns. The best way to contact me is via email to:
xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.

Regards

<SIGNATURE BLOCK>

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From:
FOI Case Management
Subject:
Defence FOI XXX/19/20 - Notification of extension for third party consultation
Good morning/afternoon <applicant name>

I refer to your FOI request FOI XXX/YY/YY.

Your request was forwarded to <Group name> for consideration. The Accredited Decision Maker <Rank & Name>
has advised that your request covers documents which contain information of a <commercial and/or personal> nature
of a number of third parties.

<Rank & Name> has determined that there is requirement to consult the third parties under section 27 and/or 27A of
the FOI Act, before making a decision on the release of the documents.

Section 15(6) of the FOI Act provides for an extension of 30 days to be added to the statutory time limit for processing
requests. Therefore, the deadline for providing you with the decision on your request is now: <DD MONTH YEAR>

Please advise if you consent to FOI Directorate naming you as the applicant to third parties for the purpose of
consultation by: COB <DD MONTH YEAR>
While you are under no obligation to reveal your identity as the applicant and we will not disclose your identity without
consent, in our experience, third parties will generally be more likely to object to the release of their information if they
do not know who the applicant is.

Should you have any questions relating to your request, please do not hesitate to contact our office via telephone on
(02) 6266 2200 or via email to xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.

Regards

<signature block>

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From:
FOI Case Management
Sent:
Friday, 26 June 2020 7:43 AM
Subject:
Defence FOI XXX/YY/YY - Notification of extension for third party consultation
Good morning/afternoon <applicant name>

I refer to your FOI request FOI XXX/YY/YY.

Your request was forwarded to <Group name> for consideration. The Accredited Decision Maker (ADM) has advised
that your request covers documents which contain information of a <commercial and/or personal> nature of a number
of third parties.

The ADM has determined that there is requirement to consult the third parties under section 27 and/or 27A of the FOI
Act, before they can finalise their decision relating to the release of documents relevant to your request.

Section 15(6) of the FOI Act provides for an extension of 30 days to be added to the statutory time limit for processing
requests. Therefore, the deadline for providing you with the decision on your request is now: <DD MONTH YEAR>

Please advise if you consent to FOI Directorate naming you as the applicant to third parties for the purpose
of consultation by: COB <DD MONTH YEAR>
While you are under no obligation to reveal your identity as the applicant and we will not disclose your identity without
consent, in our experience, third parties will generally be more likely to object to the release of their information if they
do not know who the applicant is.

Should you have any questions relating to your request, please do not hesitate to contact our office via telephone on
(02) 6266 2200 or via email to xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.

Regards

<signature block>

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From:
FOI Case Management
Subject:
Defence FOI xxx/YY/YY - Acknowledgement, due date and disclaimer
Notes for Case Managers
‐
Review and amend red/blue text, change to black with exception of due date for response.
‐
Send with security classification “Official”
‐
Request a Delivery receipt
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

Dear <Applicant name>

I refer to your correspondence of <DD Month YEAR> seeking access, on behalf of xxxxx, under the Freedom of
Information Act 1982 (FOI Act) to documents held by the Department of Defence (Defence). This email is to advise
you that your request has been received and allocated to a Case Manager.

The scope of your request is:

“insert request details.”

Please note that Defence does not release information that is considered ‘personal information’ of individuals other
than the applicant; this includes private email addresses, signatures, personnel (PMKeyS) numbers and mobile
telephone numbers, unless you specifically request such details. Defence excludes duplicates of documents and any
documents sent to or from you. Furthermore, Defence only considers final versions of documents.

If you are seeking personal details of other individuals, please advise this office by <DD Month Year> [2 working
days] so that the decision maker can consider your request.

Defence may impose a charge for the work involved in providing access to the documents in accordance with the
Freedom of Information (Charges) Regulations. You will be notified separately if your request attracts a charge.
Please note that there is no charge for documents that contain the personal information of the applicant.

The statutory deadline for you to receive a response to your request is < DD Month Year >.

[FOR USE DURING DECEMBER/JANUARY] However, please note that Defence is subject to a stand‐down period
from 24 December 2020 to 3 January 2021 (inclusive). We seek your agreement to a 30 day extension of time under
section 15AA of the FOI Act. If you agree to the extension, the new statutory timeframe for you to receive a decision
will be < DD Month Year >.

Please note that where the due date falls on a Saturday, Sunday or public holiday, the timeframe will expire on the
next working day. This is in accordance with the FOI Guidelines issued by the Office of the Australian Information
Commissioner.

I am the Case Manager for this request. Should you have any questions relating to your request, please do not
hesitate to contact me via email to xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.

Regards

<signature block>

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3
<Name>
Accredited Decision Maker
*** Group

From:
FOI Case Management
Subject:
Defence FOI Request XXX/YY/YY - 15AA request for extension
Notes for FOI Case Managers:
  Review and update text that is red as appropriate, then change to black text.
  Keeps dates in red
  Send email with request for a read receipt
  Use security classification OFFICIAL

Good morning/afternoon <applicant>,

<Thank you for returning my call / speaking with me this morning/afternoon>. OR <I attempted to call you at <time> to
discuss your FOI request but was unsuccessful>.

The current statutory deadline for you to receive a response to your Defence FOI request is <DD Month YYYY>.

Due to <the processing demands associated with your request OR a number of staff being on leave OR OTHER
REASON> our office is seeking your agreement to a 30 day extension of the statutory deadline under section 15AA
[extension with agreement] of the FOI Act. We will endeavour to process your request as soon as we can.

Should you agree, the statutory deadline for you to receive a response to your request will expire on <DD Month
YYYY>.

It would be much appreciated if you could confirm your agreement to this extension of time via e-mail by
close of business <DD Month YYYY> [48 hours later].

I am the Case Manager for your request and should you have any questions regarding this matter please do not
hesitate to contact me.

Kind regards,

[SIGNATURE]

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From:
FOI Case Management
Subject:
Defence FOI XXX/YY/YY - FOI Act Third Party Consultation - Personal information
Attachments:
C - FS - Consultation Under section 27A (Personal Information).pdf
Notes for Case Managers:
-  Ensure the applicant has given their consent to be named for the purpose of consultation.
-  Set a date for responses to be returned from third parties.
-  Set the Classification of the email as “Official”.
-  Request a Delivery/Read receipt under email Options above.

Dear <Rank/Title> <Surname>

The Department of Defence has received a request under the Freedom of Information Act 1982 (FOI Act) for access
to documents relating to //OR// held by [Action area]. <Applicant name> has agreed to be identified as the applicant
for the purposes of this consultation process. //OR// I am unable to advise you who the applicant in this case is.

The decision maker has identified the attached documents as relating to the request. I am contacting you
because the decision maker considers that the documents contains personal information about you and that you
may object to its release.

Under section 27A of the FOI Act you are invited to comment on the release of your personal information, which
means information that could be used to identify you and says something about you. Some information in the
attachment has been left in for context.

The areas in the attached document that are covered by a grey box represent material the decision maker does not
intend to release to the applicant, or over which you are not being consulted (such as other people's
information). Defence will consult with other parties whose personal information appears in the documents where
appropriate. The attached fact sheet provides more information about consultation.

You may wish to contend that some of the information is exempt on the grounds of personal privacy.

If you wish to make such contentions, please provide a copy of the documents in your preferred form and provide
your reasons, as this will assist the decision maker in deciding whether to remove the material. It should be noted
that merely stating that the material is your personal information would not be sufficient in convincing the decision
maker to remove the material.

Should the decision maker decide not to accept your objections, in full or in part, you will be provided with your
rights for review of the decision. If your objections are accepted by the decision maker then you will not be
contacted again.

There is no requirement for you to discuss this consultation request with your supervisor/chain of command unless
you wish to do so.

Please note that no documents containing your personal information will be disclosed to the applicant until such
time that you either exhaust your review rights, or it becomes apparent that you do not propose to exercise your
right to seek review of the decision.

To assist the department to meet its obligations under the FOI Act, please provide your response by XX Month XXXX
[max 7 days]. If you do not reply by this time, or you have not been granted an extension of time to provide your
response, the decision maker will make a decision in the absence of your advice.

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Please return your response to me via email to xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.

Please contact me if you have any queries about this consultation or the FOI process. A copy of the FOI Act can be
found online.

Regards
<Insert signature block>

2

Schedule of Documents – Defence FOI XXX/XX/XX
Item  Document  Date
Document description or title
Pages
Decision
Reason for decision under the Act

Deletions made in accordance with section 22 of the FOI
1
1
1/6/2019
Email: Record of conversation
Partial access
Act, on the grounds that the deleted material is exempt
under section 47F of the FOI Act.

2
11/7/2019  Statement

Full access
Deletions made in accordance with section 22 of the FOI
Act, on the grounds that the deleted material is irrelevant.

Deletions made in accordance with section 22 of the FOI
2
1
12/7/2019  Email: Further detail
Partial access
Act, on the grounds that the deleted material is exempt
under section 47F of the FOI Act.

Deletions made in accordance with section 22 of the FOI
Act, on the grounds that the deleted material is exempt

2
13/7/2019  Ministerial submission 91-20135
Partial access
under section 33(a)(iii), and section 47E(d) of the FOI
Act.

3
1
11/7/2019  Report

Full access

4
1
01/03/2021  Brief

Full access
Deletions made in accordance with section 22 of the FOI
Act on the grounds that the deleted material is irrelevant.

Titles explained – DELETE AFTER COMPLETED
Item – relates to each item within the scope of the request. *Optional as not all scopes will have separate items.
Document – relates to the document number assigned to the in scope document
Date – this is the date the document was created/signed. *Documents should be listed in chronological order
Document description or title – Keep it simple. It should be enough information for the applicant to understand what type of document it is
Pages – Number of pages in the document. *Optional for final version, but it can assist when preparing large document packs.
Decision – Simple reason for decision made on the document. *Full access, partial access, access denied.
Reasons for decision under the Act – Outlines what exemptions codes have been used on the document.

Note: A Schedule of Documents is only required where there are five or more documents identified.

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From:
FOI Case Management
Subject:
Defence FOI xxx/YY/YY - FOI Act Third Party Consultation - Business information
Notes for Case Managers:
-  Ensure the applicant has given their consent to be named for the purpose of consultation.
-  Set a date for responses to be returned from third parties.
-  Set the Classification of the email as “Official”.
-  Request a Delivery/Read receipt under email Options above.

Dear <Title> <Surname> / <Company name>

The Department of Defence has received a request under the Freedom of Information Act 1982 (FOI Act) for access
to documents relating to //OR// held by [Action area]. <Applicant name> has agreed to be identified as the applicant
for the purposes of this consultation process. //OR// I am unable to advise you who the applicant in this case is.

The decision maker has identified the attached documents as relating to the request. I am contacting you
because the decision maker considers that the documents contains business information about your business and
that you may object to its release.

Under section 27 of the FOI Act you are invited to comment on the release of your business information, which
means information that could be used to identify your company and/or says something about your company. Some
information in the attachment has been left in for context.

The areas in the attached document that are covered by a grey box represent material the decision maker does not
intend to release to the applicant, or over which you are not being consulted (such as other people's
information). Defence will consult with other parties whose personal or business information appears in the
documents where appropriate. The attached fact sheet provides more information about consultation.

You may wish to contend that some of the information in the documents should be exempt on the grounds of
business information.

If you wish to make such contentions, please provide a copy of the documents in your preferred form and provide
your reasons, as this will assist the decision maker in deciding whether to remove the material. It should be noted
that merely stating that the material is your business information would not be sufficient in convincing the decision
maker to remove the material.

Should the decision maker decide not to accept your objections, in full or in part, you will be provided with your
rights for review of the decision. If your objections are accepted by the decision maker then you will not be
contacted again.

Please note that no documents containing your business information will be disclosed to the applicant until such
time that you either exhaust your review rights, or it becomes apparent that you do not propose to exercise your
right to seek review of the decision.

To assist the department to meet its obligations under the FOI Act, please provide your response by XX Month XXXX
[max 7 days]. If you do not reply by this time, or you have not been granted an extension of time to provide your
response, the decision maker will make a decision in the absence of your advice.

Please return your response to me via email to xxx.xxxxxxxxxxxxxx@xxxxxxx.xxx.xx.

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Please contact me if you have any queries about this consultation or the FOI process. A copy of the FOI Act can be
found online.

Regards
<Insert signature block>

2

Subject:
FOI xxx/17/18 - notice of practical refusal - section 24AA
Good morning/afternoon <insert applicant name>,

Thank you for your FOI inquiry, dated <insert date>, relating to (Insert brief description). Your request was registered
on <insert date>.

I note that your request is seeking access to 'all documents' relating to the above mentioned matter. Please be
advised that a request for any/all documents concerning a particular subject will likely attract refusal under section
24AA of the FOI Act because, with few exceptions, it would simply not be possible for the decision maker to certify
that he or she has identified every copy of every document in the Department's possession. To do so would require a
search of every hard copy file and the electronic communication and records management systems used by Defence.
It is considered that the workload involved in conscientiously attempting to do so would involve a substantial and
unreasonable diversion of the resources of the agency.

Taking the above into consideration, under section 24AA of the FOI Act and for the purposes of section 24 of the FOI
Act, Defence considers that a 'practical refusal reason' exists in relation to your FOI request. Specifically, Defence
considers that the work involved in processing the request in its current form would substantially and unreasonably
divert the resources of the Defence from its other operations. In particular, a very significant amount of resources
would have to be diverted to arrange for the required searches to be undertaken, to then review any documents that
were identified as being possibly relevant to your request.  And finally, to undertake the decision making process on
any documents that did meet the parameters of your request.

This diversion would constitute a significant drain on the resources of the agency, and would have an unreasonable,
substantial and adverse effect in the ability of areas to conduct their normal business.

In accordance with section 24AB of the FOI Act, Defence is required to consult with you advising of the intention to
refuse access to your request in its current form.

In accordance with paragraph 24AB(2)(c) of the FOI Act, I am the nominated person with whom you should contact
with a view to agreeing to one of the following options:

a. withdraw your request
b. revise your request; or
c.    indicate that you do not wish to revise your request.

In accordance with section 24AB(9) of the FOI Act, Defence is only required to undertake this consultation process
once, and you must contact me within 14 days to discuss.

Notwithstanding all of the above, I would suggest you provide a date range and the names of the key persons who
may hold communication relating to your scope. (Detail any other information that will help the applicant revise the
scope)

I encourage you to contact me so I can assist you in moving forward with your inquiry.

Kind regards,
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FOI NNN/YY/YY - STATEMENT OF REASONS UNDER THE FREEDOM OF
INFORMATION ACT
1.  I refer to the application by Applicant under the Freedom of Information Act 1982 (FOI
Act), for access to:
“Final scope of request”
FOI decision maker
2.  I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
3.  I identified no documents as matching the description of the request.
Decision
4.  I have decided to refuse access to documents of the request under subparagraph
24A(1)(b)(ii)[Requests may be refused if documents cannot be found, do not exist or have not
been received] of the FOI Act.
Material taken into account
5.  In making my decision, I had regard to:
a.  the terms of the request;
b.  the content of the identified documents in issue;
c.  relevant provisions in the FOI Act;
d.  the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
e.  (include any other i.e. advice received from third parties, officers within the
department – specify which area provided the advice).
Reasons for decision
6.  Section 24A(l) of the FOI Act states:
24A Requests may be refused if documents cannot be found, do not exist or have not
been received
Document lost or non-existent
(1)  An agency or Minister may refuse a request for access to a document if:
1.  all reasonable steps have been taken to find the document; and
2.  the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.

Subject:
Scope Requires Clarification - s15(2)(b)
Good morning/afternoon <insert applicant name>,

I refer to your email below/attached. Unfortunately, in its current form your request is not considered valid under
section 15(2)(b) [Requests for access] of the FOI Act as you have not provided such specific information concerning
the documents as is reasonably necessary to enable a responsible officer of the agency to identify them.
Accordingly, prior to the Department accepting your request, I seek clarification as to the documents you wish to
obtain. In particular, I seek clarification as to <insert what needs to be clarified> the dates/range, location, Defence
Group/s or Service/s responsible, title/s or content of files, area/unit in defence, names of authors, to whom would it
have been sent.
I encourage you to contact me so I can assist you in moving forward with your inquiry.
Kind regards,

1

From:
FOI Case Management
Subject:
Defence FOI xxx/YY/YY - Administrative release
Notes for Case Managers
‐
Review and amend red/blue text, change to black with exception of due date for response.
‐
Send with security classification “Official”
‐
Request a Delivery receipt
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

Good morning/afternoon <applicant name>,

Ref: FOI xxx/yy/yy

As discussed, / I tried to contact you via phone this morning to advise that the action area has determined they are
able to release the document/s you are seeking administratively, outside the FOI Act.

Defence endeavours to manage these types of requests administratively, outside the provisions of the FOI Act. If you
agree to your request being progressed administratively, you will be contacted directly by the action area and your
FOI request will be closed. If you do not agree, this office will continue to process your request under the FOI Act.

Grateful if you could please confirm via return email by COB Day Month Year if you are happy for your request to be
handled administratively.

Kind Regards

<signature block>

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