OFFICE OF THE HON CLARE O’NEIL MP
MINISTER FOR HOME AFFAIRS
MINISTER FOR CYBER SECURITY
In reply please quote:
FOI Request:
MO22/11/00001
File Number:
ADF2022/358441
Dear Andorra
I refer to your correspondence received on 11 November 2022, seeking access to documents
held by the Office of the Minister for Home Affairs, under the
Freedom of Information Act 1982 (the FOI Act).
I am writing to advise that I intend to refuse your request on the basis that a practical refusal
reason exists. However, before I make a final decision to do this, you have an opportunity to
revise your request. This is cal ed a ‘request consultation process’ and you have 14 days to
respond to this notice in one of the ways set out below.
Scope of request
You have requested access to the following:
I am seeking all requests made by media outlets or journalists to the Minister or the
Minister's office since 21 September 2022 where the request seeks:
1) an interview;
2) information relating to a press conference;
3) information on media appearances; or
4) information relating to a media response.
I also seek the responses to the above requests provided by the Minister or the Minister's
office.
I am not seeking drafts of the above documents.
Power to refuse request
Section 24 of the FOI Act provides that if the Minister is satisfied that a practical refusal reason
exists in relation to a request, the Minister Office must undertake a consultation process with
you.
If, after that consultation process, the Minister remains satisfied that the practical refusal
reason still exists, the Minister may refuse to give you access to the documents subject to the
request.
Practical refusal
A practical refusal reason exists if either (or both) of the following applies:
(a) the work involved in the processing of the request would substantially and
unreasonably interfere with the performance of the Minister’s functions;
Parliament House Canberra ACT 2600 Telephone: (02) 6277 7860 Facsimile: (02) 6273 4144
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(b) the request does not satisfy the requirement in section 15(2)(b) of the FOI Act, which
requires you to provide such information concerning the document you are seeking
access to, to enable the Minister’s Office to be able to identify it.
Reasons for practical refusal
The Office of the Minister for Home Affairs (the Office) has considered the scope of this
request. The Office estimates that responding to your request would take multiple days of
work. The estimate is based on the average number of requests the Minister receives each
day, the period you have requested (51 days) and the likely need to consult on some of the
documents located.
The Minister for Home Affairs is the Cabinet Minister responsible for Australia’s border
security, immigration, customs, cyber policy and critical infrastructure protection co -ordination,
among other portfolio responsibilities and those to Cabinet and its subcommittees.
The important work of both the Minister and her Office would be significantly pressured if
resources were required to be diverted from their current responsibilities in order to identify,
locate, collate, assess and conult on the documents he ld within the Office. Processing the
request would divert the resources of the Minister and her Office, absorbing a significant
amount of time and delaying the work of the Minister and her staff. This would lead to unmet
demands on their time.
This potential diversion of resources needs to be considered against the need for the
Minister and her Office to adequately manage and address issues of national importance
that the Minister and her Office are responsible for on a day-to-day basis. As such, we
consider that this request would result in a substantial and unreasonable interference with
the performance of the Minister’s functions and that of her Office and, as a result, a practical
refusal reason exists in relation to your request.
Request Consultation Process
You now have an opportunity to revise your request. As part of this practical refusal
consultation you have 14 days after to do one of the following:
withdraw your request;
make a revised request; or
indicate that you do not wish to revise your request.
If you do not do one of the three things listed above during the consultation period (14 days)
I will deem your request to be withdrawn.
Contact
To revise your request, provide information or ask any questions in relation to this process,
please do not hesitate to contact the FOI section a
t xxx@xxxxxxxxxxx.xxx.xx Kind regards
The Office of the Minister for Home Affairs
xxx@xxxxxxxxxxx.xxx.xx 14 Feburary 2023
