Request consultation process (s 24AB) due to existence of a practical refusal reason
Note on sample notice
Where an agency is satisfied that a practical refusal reason exists, they cannot decide to refuse an access request without undertaking a request consultation process with the applicant (s 24AB).
The Information Commissioner’s FOI Guidelines say that before commencing a formal request consultation process, agencies are encouraged to discuss the request with the applicant. This is often a more efficient way of obtaining further information from the applicant and helping them to refine a request that is too large or vague. However, if the applicant cannot be contacted promptly, or the discussion does not elicit information that allows relevant documents to be identified, the request consultation process should be commenced. See Guidelines issued by the Australian Information Commissioner under s 93A of the Freedom of Information Act 1982, 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/#consultation-with-the-applicant
This sample notice offers a model for setting out a practical refusal reason based on unreasonable diversion of resources or interference with performance of a minister’s functions (s 24AA(1)(a)). However, you may adapt the notice for a practical refusal reason where a request does not adequately identify the desired documents (s 24AA(1)(b)) if earlier processes under s 15(3) have failed to clarify the request.

Dear [applicant name]
Freedom of information request no. [Insert identifier number/code]
I refer to your request for access to documents relating to [subject of request] under the Freedom of Information Act 1982 (FOI Act).
I, [insert name, position], am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to FOI requests.
I am writing to tell you that I believe that the work involved in processing your request in its current form would substantially and unreasonably [choose one: divert the resources of this agency from its other operations/interfere with the performance of the Minister’s functions] due to its [size/complexity/broad scope/other]. This is called a ‘practical refusal reason’ (section 24AA).
On this basis, I intend to refuse access to the documents you requested. However, before I make a final decision to do this, you have an opportunity to revise your request. This is called a ‘request consultation process’ as set out under section 24AB of the FOI Act. You have 14 days to respond to this notice in one of the ways set out below.
Why I intend to refuse your request
In your request you sought documents relating 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.] 
I decided that a practical refusal reason exists because:
[Insert an explanation of why giving access to these documents would substantially and unreasonably divert the resources of the agency: 
•	Address section 24AA(2) items. Under section 24AA(2) the agency or minister must have regard to the resources that would have to be used for: 
o	identifying, locating or collating the documents within the filing system of the agency or the office of the Minister
o	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 with any person or body in relation to the request)
o	making a copy or an edited copy, of the document
o	notifying any interim or final decision on the request.
•	Explain which have a bearing on the applicant’s request and why.
•	Address any other relevant matters. Under section 24AA(2), the decision maker may consider other matters, in addition to those specified, in deciding whether a practical refusal reason exists. 
•	The explanation could usefully cover the work the FOI officer did to determine that a practical refusal reason exists. For example, perhaps the officer processed a small sample of the requested documents in order to extrapolate the time and resources required to complete the full request. 
•	Provide details of the estimated number of documents that fall within the request and the types of documents. Types may include: internal agency emails, executive briefs, report drafts, stakeholder correspondence etc. Explaining document types may assist applicants in deciding what they do or do not want included in their request.
•	It may also be useful to provide some context to the subject of the applicant’s request. For example, if an applicant has requested all documents on a particular policy initiative, it may help to explain the extent and wide-scope of the initiative, the length of time it has been under development, the different facets of the initiative, relevant documents that are already publicly available.]
Request consultation process
You now have an opportunity to revise your request to enable it to proceed.
Revising your request can mean narrowing the scope of the request to make it more manageable or explaining in more detail the documents you wish to access. For example, by providing more specific information about exactly what documents you are interested in, our agency will be able to pinpoint the documents more quickly and avoid using excessive resources to process documents you are not interested in. 
Before the end of the consultation period, you must do one of the following, in writing:
•	withdraw your request
•	make a revised request 
•	tell us that you do not wish to revise your request.
The consultation period runs for 14 days and starts on the day after you receive this notice. 
During this period, you are welcome to seek assistance from the contact person I have listed below to revise your request. If you revise your request in a way that adequately addresses the practical refusal grounds outlined above, we will recommence processing it. (Please note that the time taken to consult you regarding the scope of your request is not taken into account for the purposes of the 30 day time limit for processing your request.)
If you do not do one of the three things listed above during the consultation period or you do not consult the contact person during this period, your request will be taken to have been withdrawn.
Contact officer
If you would like to revise your request or have any questions, the contact officer for your request is:
[Insert name of contact person]
[Insert title]
[Insert contact details for the contact person – phone, fax, email, address]
Yours sincerely