Freedom of Information request - Request consultation process
Thank you for your correspondence of [Date Month Year], in which you requested access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).
The purpose of this letter is to provide you with a decision on your request.
Scope of your request
You have requested access to the following documents held by the NDIA: [insert scope or negotiated scope]
Request Consultation
On [date], I sent you an email/letter initiating a consultation process under section 24AB of the FOI Act. I advised I intended to refuse access to your request on the grounds that [insert the practical refusal reason provided and any other discussions that occurred around scope revision]
If applicable: On [date] you responded revising your scope as follows: If applicable: To [date] | have not had a response from you.
| note that the time taken to undertake this consultation process is not taken into account for the purposes of the timeframe for processing your request, and that the new deadline to provide you with a decision on access became [date].
Decision on access to documents
I have decided to refuse your request on the grounds that [your revised scope did not change the scope in a way that would remove the reasons for the practical refusal] [you did not respond to my request consultation process and thereby the practical refusal reason remains.]
| made this decision as a delegated decision maker under section 23(1) of the FOI Act.
Reasons for decision
A detailed statement of reasons for my decision can be found at Attachment A.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment B
Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at fxx@xxxx.xxx.xx.
Yours sincerely
NAME Delegation Government, Risk & Legal – Complaints Management and FOI General Counsel Division
Attachment A
Statement of Reasons
Practical refusal reason
Relevant law
A practical refusal reason exists in relation to a request for documents if [the work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations1] AND [the terms of your request were too broad and we were unable to identify the specific documents sought.2]
In determining whether processing the request would substantially and unreasonably divert the agency’s resources, I am required to have regard to the resources that would have to be used for the following:
- identifying, locating or collating the documents within the Agency
- deciding whether to grant, refuse or defer access to a document including resources used for examining the document and consulting with any person or body in relation to the request
- making a copy or an edited copy of the document
- notifying the decision on the request
Provide an analysis of the request consultation process that occurred, include any reasons the applicant gave for requesting access, how they tried to reduce scope and how describe how the practical refusal reason still exists and conclude.
Accordingly, I am satisfied that a practical refusal reason still exists and that the work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations.
Further options for requesting documents You are welcome to submit further freedom of information requests in the future. In doing so, you may wish to contact the FOI Team directly on foi@ndis.gov.au or advise a convenient time for us to contact you, to engage assistance in developing a scope that does not attract a practical refusal reason under the FOI Act.
1 24AA(1)(a) of the FOI Act.
2 24AA(1)(b) of the FOI Act.