Our ref: LEX 497
Andorra Loom
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Loom
Your Freedom of Information request - consultation
I refer to your request, received by the Department of Employment and Workplace Relations
(department) on 28 November 2022, for access under the
Freedom of Information Act 1982 (FOI Act) to the following documents:
"Consistent with the Freedom of Information Act 1982, I request all briefing documents
provided to the Minister relating to wages, wage increases, and inflation since July 1st
2022.
I am not seeking drafts of the above documents."
Practical refusal reason
I am writing to you, under sections 24AA(1)(a)(i), 24AA(2) and 24 of the FOI Act to tell you that
it is likely that processing your request in its current form would substantially and
unreasonably divert the resources of the department.
I have consulted with departmental officers in the Economics and International Labour
Branch, regarding the number and nature of documents held by the department which are
likely to be relevant to your request, and the work involved in processing your request.
I am asking you to reduce the scope of your request. If we are unable to reach a satisfactory
agreement on the scope of your request, it is my intention to refuse your request as currently
worded under section 24 of the FOI Act.
GPO Box 9828, Canberra ACT 2601 | Phone 1300 488 064 | dewr.gov.au | ABN 96 584 957 427
To assist you, I have set out the relevant sections of the FOI Act at
Attachment A.
Amount of time to process your request
To process your request, the department has undertaken extensive searches to identify and
collate the documents you asked for. Preliminary searches indicate that the department holds
in excess of 160 relevant documents, totalling well over 1,500 pages.
Based on my experience with the type and volume of records you want, I estimate it would
take well over 130 hours in processing time. This includes consulting with relevant third
parties, examining the material to determine whether any exemptions apply, and preparing a
schedule of documents, decision (including a full statement of reasons) and any documents
for release.
Suggestions for revising the scope of your request
A targeted and limited revised scope is more likely to remove the practical refusal reason and
allow the department to process your request. To assist you to narrow the scope of your
request, you may like to exclude duplicate documents and refine either:
• the document date range to a three-week period between 1 July 2022 and 28
November 2022 (by way of example, 1 July 2022 to 22 July 2022); or
• the documents you seek to briefing documents provided to the Minister, relating to
inflation only (and excluding drafts).
Action required from you under the FOI Act
Before I make a final decision on your request, you can submit a revised request.
Under the FOI Act, you must do one of the following things in the next 14 days:
• make a revised request
• tell us that you do not want to revise your request
• withdraw your request.
Contact officer
I am the contact officer for your request. During the consultation period you can contact me
to ask for help revising your request by emailin
g xxx@xxxx.xxx.xx.
Your response will be expected by
28 December 2022. If I do not receive a response from you,
your request will be taken to be withdrawn by the operation of the FOI Act.
Further assistance
If you have any questions, pleas
e email xxx@xxxx.xxx.xx. Yours sincerely
Rebecca
Authorised decision maker
Information Law Team
Department of Employment and Workplace Relations
12 December 2022
Attachment A
Relevant sections of the Freedom of Information Act 1982
Section 24AA(1)(a)(i) of the FOI Act provides that a practical refusal reason exists in relation
to an FOI request if the work involved in processing the request would substantially and
unreasonably divert the resources of the department from its other operations.
Section 24AA(2) of the FOI Act sets out certain factors which the department must consider
when determining whether providing access in relation to a request would substantially and
unreasonably divert resources. The department must specifically have regard to the
resources that would have to be used for:
• identifying, locating or collating the documents
• deciding whether to grant, refuse or defer access to a document to which the
request relates, or to grant access to an edited copy of such a document, including
resources that would have to be used for examining the document or consulting in
relation to the request
• making a copy, or an edited copy, of the document
• notifying any interim or final decision on the request.
Section 24AB(7) of the FOI Act provides that the request is taken to have been withdrawn at
the end of the consultation period if:
• the applicant does not consult the contact person during the consultation period in
accordance with the notice
• the applicant does not do one of the things mentioned in subsection (6) before the
end of the consultation period.
Section 24AB(6) says that the applicant must, before the end of the consultation period, do
one of the following, by written notice to the agency or Minister:
• withdraw the request
• make a revised request
• indicate that the applicant does not wish to revise the request.
