FOI Reference: LEX4388
File No: 21/27124
Date: 27 September 2021
Mr Gareth W R Smith
By email: foi+request‐7854‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
Freedom of Information Request – notification of intention to refuse request
Thank you for your email dated 12 September 2021, in which you sought access to documents
under the
Freedom of Information Act 1982 (the Act).
I am writing to inform you that preliminary searches by the department have identified a large
volume of material that would require assessment to determine whether it is suitable for release,
the processing of which we assess (for the reasons set out below) would constitute a substantial
and unreasonable diversion of the department’s resources. On this basis, I intend to refuse to
grant access to the documents captured by your request.
However, you are welcome to revise the scope of your request in line with section 24AB(2)(e) of
the Act, in order so that it might be processed.
Notice of intended practical refusal
On 12 September 2021 you sought access to:
“all communications between DFAT, Israel's MFA, Australia's then ambassadors to Israel
Mr Dave Sharma and Mr Chris Cannan and World Vision, relating to the 2016 arrest in
Israel of Mohammed al‐Halabi and his continuing incarceration.”
In accordance with section 24AB(2) of the Act, I am providing you notice of my intention to refuse
to grant access to the documents captured by your request.
The reason for the proposed practical refusal is that the work involved in processing the request as
it currently stands would substantially and unreasonably divert the department’s resources from
its other operations.
In making this assessment, I have had regard to the time and resources required to process the
request, pursuant to section 24AA(2) of the Act, including the resources involved in collating
documents, examining the documents, consulting with third parties, and redacting material from
the documents. I have been assisted in this task by staff in the Middle East Branch and the
Australian Embassy in Tel Aviv.
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
Preliminary searches have captured approximately 900 pages that would need to be assessed in
order to determine whether they are suitable for release.
Consultations would potentially be required with multiple third parties external to the
department, given the subject of the materials requested.
For these reasons, I am of the view that processing your request in its current form would be a
substantial and unreasonable diversion of the department’s resources from its other operations
under section 24AA(1) of the Act.
Consultation to revise the scope of the request
Pursuant to section 24AB(2)(e) of the Act, you have 14 days from the day you are given this notice
to: (a) withdraw your request; (b) revise the scope of your request; or (c) inform the department
that you do not wish to revise your request.
I invite you to contact me (xxx@xxxx.xxx.xx) should you wish to revise the request in order that it
may be processed. I am happy to take any reasonable steps to provide you, so far as is reasonably
practicable, with any information to assist you in doing so.
Please note that under section 24AB(7) of the Act, if you do not take an opportunity to consult
with the department within 14 days, your request will be considered to have been withdrawn.
Please also be aware that during this period of consultation, the statutory timeframe under
section 15(5) of the Act for the processing of your request is on hold (see section 24AB(8) of the
Act for details). I have attached a copy of sections 24, 24AA and 24AB of the Act for your
information.
Yours sincerely
Tom Beamish
Director
Freedom of Information and Privacy Law Section
