Documents not available for download from your FOI log or reasoning

Posty made this Freedom of Information request to Department of Defence

Response to this request is long overdue. By law, under all circumstances, Department of Defence should have responded by now (details). You can complain by requesting an internal review.

From: Posty


Dear FOI Department,

It has been noticed, that in some occasions, there are documents on your Freedom Of Information Disclosure Log where you have put the most redundant text next to FOI disclosures—the equivalent of “if you would like access to these documents, please email/contact us for access”.

Any person reviewing the information on that site would of course be after the documents. It is puzzling that, on some occasions, you have made the documents available and others not.

I believe this is not in the spirit of the FOI act section 11C, and thus I request—under the Freedom of Information Act 1982—copies of the following documents:

All documents as is (that is, redacted or unredacted) from all previously made decisions on your department's FOI log that are currently not available for download direct from the website.

My preferred method of delivery for this information is for it to be placed on your department's Freedom of Information disclosure log web page as per part A) of 11C of the FOI Act.

Should this request be successful you can put a simple list of the documents that were made available from the request, or whatever is most expedient, on the log.

I apologise for my pessimism, but past FOI experiences have led me to believe this request may elicit a response similar to “this request would divert too many resources of your department to complete”. Should you be thinking this, you have nobody to blame but yourselves—your department made this metaphorical bed.

Should you be seriously considering a practical refusal, my alternative request is for any documents that your department holds relating to the decision to include text on your freedom of information disclosure log similar to "contact us for access to this document".

In addition I request the total of the number of times any member of the public has asked for access to each said non-website published successful for documents on the FOI disclosure log other than the original successful applicant.

I do accept there is a very remote possibility there is a “Good Reason” for these not being available, and I hope these are contained within the documents provided as I cannot foresee any.

In the interests of expediency, I am willing to consider Administrative Access to said documents, should the document be provided within 30 days ( plus any public holidays in-between) of the sending of this email. After this time - the FOI Act applies as normal in all instances and any requests for extension will be denied without a supplied very good reason.



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From: FOI
Department of Defence

Attachment Freedom of Information request Documents not available for download from your FOI log or reasoning.txt
3K Download View as HTML


Good afternoon Posty,


I refer to your attached request, please note the Department publishes all
decisions and documents on its disclosure log as per section 11C of the
FOI Act.


Under section 11C it states:


                (3) The agency, or the Minister, must publish the
information to members of the public generally on a website:


                                (c) publishing on the website other
details of how the information may be obtained.


Where documents have not been published we have included the statement “if
you would like access to these documents please email us/contact us for
access:” This statement meets the requirement of 11C of the Act.


You may request access to the documents that have this statement in place,
however due to the size of a majority of the documents they will have to
be placed on a disc and sent via post. This will require a postal address.


Please note requesting ‘all documents not published’ in one request will
attract a section 24AA practical refusal as the disclosure log dates back
to 2010 with approximately 29 requests not published. You have also
requested the number of times a year members of the public have requested
these documents. This request alone would attract a potential section 24AA
as it would require cross checking our records database with all
correspondence for possible requests for the documents. Please note, all
requests for documents are supplied to the requestor.


Grateful if you could please indicate how you wish to proceed with this


Kind regards


FOI Inquiries

Freedom of Information

Information Management and Access

Governance and Reform Division


Department of Defence


PO Box 7910 Canberra ACT 2610

[1][email address]


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IMPORTANT: This email remains the property of the Department of Defence
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If you have received this email in error, you are requested to contact the
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From: Posty


Dear FOI Inquiries,

I think you'll find that there are no size requirements on the website - there is a helpful guide for how you can upload the documents directly to this website here individually:

this request link is here:

this does not require any waste of government resources on physical media as well postage and time/effort burning.

should you have any concerns regarding this please advise - but at bear minimum there will always be a digital way to collaborate with external parties with government at is greatly preferred.

Yours sincerely,


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From: Posty


Dear FOI,


in addition I did not notice that you were going to refuse access if i asked for all 29 to be made available on the website.

In that case - i will reduce the scope down to 14 of the most recent documents not available for download from the website currently.

That cuts the workload by over 50%.

I want to understand the barriers you're facing from putting them on the website - because if it meets the requirement as you say it is it would need to be the best way to do it when interpreting the FOI act ( RE interpretation - ).

what type of file sizes are we talking about? what's the largest single file?

Yours sincerely,


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