Notice of access refusal decision (s 26)
Note on sample
This sample should be used in conjunction with: 
•	the Guidelines issued by the Australian Information Commissioner under section 93A of the Freedom of Information Act 1982, Part 3 (processing and deciding on requests for access), available at https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-3-processing-and-deciding-on-requests-for-access/   
•	the Statement of reasons checklist available at 
https://www.oaic.gov.au/freedom-of-information/guidance-and-advice/statement-of-reasons-checklist/   

Dear [applicant name]
Freedom of information request no. [Insert identifier number/code]
The purpose of this letter is to give you a decision about access to documents that you requested under the Freedom of Information Act 1982 (FOI Act). 
Summary
I, [insert name, position], am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to FOI requests.
You requested access to documents relating to [subject of request] on [insert date]. Specifically you sought access to:
•	[quote or accurately paraphrase the terms of the request, including any clarification or variation in its scope resulting from subsequent consultation with the applicant.]
[Explain the background for the request. Relevant information could include:
•	any revisions the applicant has made to their request during the processing period
•	any correspondence entered into by the applicant or agency during the processing period
•	any other background material that provides context for the processing of the request.
I identified [insert figure] document[s] which fell within the scope of your request. I did this by [provide details of how you searched and located documents. This information should include where and how you searched; key search results and the key words that you used to search for documents]. For further information about what constitutes a reasonable search for documents, see the Guidelines issued by the Australian Information Commissioner under section 93A of the Freedom of Information Act 1982 (FOI Guidelines), Part 3 (Processing requests for access), available at https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-3-processing-and-deciding-on-requests-for-access/ and Agency resource and search minute Processing FOI requests: taking all reasonable steps to find documents.
The attached schedule of documents provides a description of each document that falls within the scope of your request and the access decision for each of those documents.
With regard to the documents you requested (set out in the schedule attached), I have decided [insert as applicable: to grant access to [insert number] documents, to grant access to edited versions of [insert number] documents, to defer access to [insert number] documents and to refused access to the remaining [insert number] documents]. More information, including my reasons for my decision, is set out below.
[Confirm agreed time frames (including any extensions of time), period for third party review rights and the time the applicant has to pay the charge (if applicable).]
DECISION AND REASONS FOR DECISION
With regard to the documents identified in the attached schedule, I have decided: [insert the following as appropriate, insert additional bullets for each additional respective exemption type]
•	to grant access in full to documents [insert document numbers as marked in schedule if applicable, eg 5, 6 and 12] 
•	to grant access in part to documents [insert document numbers] with [exempt/irrelevant] matter deleted under section 22 [and exempt under [insert relevant section number] ([insert nature of exemption, eg ‘Exemptions – Documents subject to legal professional privilege’])]
•	to defer access to documents [insert document numbers] under section 21(1)([insert subsection]) ([insert reason for deferment, eg ‘premature release of the document would be contrary to the public interest’] until [insert date].
•	to refuse access to documents [insert document numbers] under section [insert relevant section number] ([insert nature of exemption, eg ‘Exemptions – Documents to which secrecy provisions of enactments apply’])
•	to refuse access to documents [insert document numbers] under section [insert relevant section number] ([insert nature of exemption, eg ‘Public interest conditional exemptions – personal privacy’]) as providing access would be contrary to the public interest.
In addition I found that:
•	[insert number] documents you requested about [insert details] could not be found (section 24A(1)(b)(i)) – information about the searches we carried out to locate them is given below.
•	[insert number] documents you requested about [insert details] do not exist (section 24A(1)(b)(ii)) – information about why they do not exist is given below.
Material taken into account
I have taken the following material into account in making my decision:
•	[insert the following as appropriate]
•	the content of the documents that fall within the scope of your request
•	[details of any relevant correspondence entered into by applicant and agency]
•	the FOI Act (specifically sections [insert applicable sections])
•	the guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
•	the views of a third party consulted by the [Department/name of agency] under section [26A/26AA/27/27A]
•	[insert further items as appropriate]
The schedule indicates each document to which access is refused. My reasons for refusing access are given below.
[EXAMPLES
1. Deferment of access
[Reiterate which documents are affected]
[Insert findings of material fact]
[Cite the relevant section of the FOI Act. In this case: Under section 21(1)(c) of the FOI Act, an agency is able to defer the provision of access to a document: 
if the premature release of the document concerned would be contrary to the public interest – until the occurrence of any event after which or the expiration of any period of time beyond which the release of the document would not be contrary to the public interest.
[Explain how the legislation applies to the relevant documents. For example, explain why release of the documents is against the public interest and what event or period of time needs to take place beyond which access would not be contrary to the public interest. Provide an indication of the expected date that the documents will be released.]
[Explain connection between findings of material fact, statutory provisions and the decision.]
[Accordingly, I find that access to the document should be deferred until [insert event or date].]
2. Exemption – cabinet documents 
[Reiterate which documents are affected.]
[Insert findings of material fact]
[Cite the relevant section of the FOI Act. In this case: Under section 34(1)(c) of the FOI Act, a document is an exempt document if ‘it is an official record of the Cabinet’. Also, section 34(3) states:
A document is an exempt document to the extent that it contains information the disclosure of which would reveal a Cabinet deliberation or decision, unless the existence of the deliberation or decision has been officially disclosed.
[Explain how the legislation applies to the relevant documents. For example, explain why the document is an official record of the Cabinet (it may be necessary to explain the types of documents that are official records of the Cabinet, such as Cabinet Minutes).]
[Provide information about consultation with DPMC regarding Cabinet-related documents. (See the FOI Guidelines, Part 5 (Exemptions), available at https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-5-exemptions/.)]
[Accordingly I am satisfied that the document is exempt under section 34 [insert subsection].]
3. Public interest conditional exemption – personal privacy 
[Reiterate which documents are affected.]
[Insert findings of material fact]
[Cite the relevant section of the FOI Act. In this case: Under section 47F(1) of the FOI Act:
A document is conditionally exempt if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person).
[Explain how the legislation applies to the relevant documents, including how the information in the documents meets the definition of ‘personal information’ for the purposes of the FOI Act. Without breaching the privacy of the subject of the information, explain any objections raised during consultation, if relevant. Make the case for why the decision was not to release edited copies of the documents (with personal information redacted).]
[Accordingly, I am satisfied that the document falls within the scope of the conditional exemption for personal privacy (section 47F). Under the FOI Act, access to a document covered by a conditional exemption must be given unless it would be contrary to the public interest. My weighing of public interest factors follows.]
Follow the Australian Information Commissioner’s Guidelines (Part 6) in order to determine if the document is conditionally exempt and apply the public interest test.
•	Identify the specific harm threshold. 
•	Identify the factors favouring disclosure. 
•	Identify the factors against disclosure. 
•	Ensure that no irrelevant factor will be considered. 
•	Weigh the relevant factors to determine where the public interest lies. 
[In my view, the factors against disclosure of the document outweigh the factors in favour of disclosure. [State why.]
Accordingly, I am satisfied that the document is exempt under section 47F(1) and that disclosure would be contrary to the public interest.]
4. Documents lost (s 24A(1)(b)(i)) / Documents non-existent (s 24A(1)(b)(ii))
Sufficiently identify the documents and give reasons as to why they cannot be found or why it is known that they no longer exist. Describe the steps taken to search for the documents. (For further information about what constitutes a reasonable search for documents, see the Agency resource and search minute Processing FOI requests: taking all reasonable steps to find documents and FOI Guidelines, Part 3 (Processing requests for access), available at https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-3-processing-and-deciding-on-requests-for-access/#refusing-a-request-for-a-document-that-does-not-exist-cannot-be-found-or-is-not-received-from-a-contractor). 
Where the documents are known to have been destroyed, clearly state the relevant Administrative Functions Disposal Authority or the Records Disposal Authority under which the documents were destroyed and the date of the destruction. Where the documents were destroyed under normal administrative practices, such as where the documents were ephemeral records not covered by a Disposal Authority, an explanation (such as reference to the agency’s records management policy) should be included.]
[Optional: Outstanding charges
[Insert as applicable: We advised you that the estimated charge for processing your request was [insert amount]. You agreed to that charge and we received your deposit of [insert dollar amount] on [insert date].
The actual amount for processing was calculated to be [insert dollar amount]. (Provide a revised breakdown of charges if the charge has changed from the preliminary assessment) and explain how the applicant can pay the charge or (where the actual charge is less that the deposit amount) the amount owing to the applicant and how they can be refunded.]
Following payment of the outstanding charge [insert as applicable: and expiration of third party review rights on [insert date]], [name of agency] will provide you with the documents I have decided to grant access to [via email/via post/other] as discussed. The third party review rights mentioned are the time a third party we consulted during the processing of your request has to seek a review of my decision.]]
Your review rights
If you are dissatisfied with my decision, you may apply for internal review or Information Commissioner review of the decision. We encourage you to seek internal review as a first step as it may provide a more rapid resolution of your concerns.  
[If the decision maker is a minister or the principal officer of an agency, replace preceding paragraph with: If you are dissatisfied with my decision, you may apply for Information Commissioner review.]
[Insert as applicable: Internal review
Under section 54 of the FOI Act, you may apply in writing to [the Department / name of agency] for an internal review of my decision. The internal review application must be made within 30 days of the date of this letter.
Where possible please attach reasons why you believe review of the decision is necessary. The internal review will be carried out by another officer within 30 days.]
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to review my decision. An application for review by the Information Commissioner must be made in writing within 60 days of the date of this letter, and be lodged in one of the following ways:
online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_10
email: foidr@oaic.gov.au 
post:	GPO Box 5218 Sydney NSW 2001
More information about Information Commissioner review is available on the Office of the Australian Information Commissioner website. Go to https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-commissioner-review/. 
FOI Complaints
If you are unhappy with the way we have handled your FOI request, please let us know what we could have done better. We may be able to rectify the problem. If you are not satisfied with our response, you can make a complaint to the Australian Information Commissioner. A complaint to the Information Commissioner must be made in writing. Complaints can be lodged in one of the following ways:
online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICCA_1
email: foidr@oaic.gov.au
post: GPO Box 5218 Sydney 2001
More information about complaints is available on the Office of the Australian Information Commissioner at https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-an-foi-complaint/.
If you are not sure whether to lodge an Information Commissioner review or an Information Commissioner complaint, the Office of the Australian Information Commissioner has more information at: https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Questions about this decision
If you wish to discuss this decision, please contact [me, using the details below/the following officer]:
	[Insert officer name, position and contact details]
Yours sincerely

Attachments
1.	Schedule of documents
2.	[Insert others as necessary – eg relevant excerpts of FOI Act, OAIC Guidance and Advice, relevant correspondence, text of original request etc]