Australian Government

Australian Skills Quality Authority

5 February 2016

Mr Paul Farrell
Reporter
The Guardian Australia
By email: paul.farrell@theguardian.com

Dear Mr Farrell,
Freedom of Information (F01) request [15160027PF]
I am writing in response to your request under the Freedom of Information Act 1982 (0th)
(F01 Act). I, Terence Bowden, am an officer authorised under subsection 23(1) of the FOI
Act to make decisions in relation to FOI requests.
Request
On 28 December 2015, you requested the following document:
A list of all individuals prohibited from being involved in Registered Training
Organisations following a cancellation decision. For your assistance, this list was
referred to in Senate estimates in October 2015 by Commissioner Robinson: "We
have a list of persons who, when they have had a cancellations of their registration,
have
hi
ghmanageri
someal bands of limitation if you like for them to be involved as
agents in another RTO for a period of two years under the act."
Summary
Section 24 of the FOI Act provides that if any agency is satisfied, when dealing with a
request for a document, that a practical refusal reason exists in relation to the request, the
agency must undertake a request consultation process and if, after the request
consultation
exi
ststhe
process, the agency is satisfied that the practical refusal reason still
agency may refuse to give access to the document in accordance with the request.
Section 24AA of the FOI Act provides that a practical refusal reason exists in relation to a
request for a document if the work involved in processing the request would substantially
and unreasonably divert the resources of the agency from its other operations.

Australian Skills
Quality Authority
ABN 72 581 678 650
GPO Box 9928
Melbourne VIC 3001
Info line 1300 701 801
www.asqa.goveu

On 21 January 2016, you were given notice, in accordance with s 24AB(2) of the FOI Act,
of ASQA's intention to refuse access to the requested documents.
You were advised that the reason for ASQA's notice of intention to refuse was that the
volume of notifications involved combined with the work involved in processing those
notifications would substantially and unreasonably divert the resources of ASQA from its
other operations.
As required by section 24(1)(a) and s 24AB of the FOI Act, ASQA entered into a 'request
consultation process'. The consultation period ran for 14 days, during which time ASQA
discussed steps that you could take to revise the scope of your request.
Decision
I am satisfied that the practical refusal reason still exists in relation to your application.
In particular, a significant number of third party consultations are required under s 27 of the
FOI Act in order to process your application. This would significantly and unreasonably
divert the resources of ASQA from its other operations.
Accordingly, I have decided to refuse access to the document.
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.
Internal review
Under section 54 of the FOI Act, you may apply in writing to ASQA 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/abaioaidfoireview4
email: enquiriesoalc.gov.au
post: GPO Box 2999, Canberra ACT 2601
in person:
Level 3, 175 Pitt Street, Sydney NSW

More information about Information Commissioner review is available on the Office of the
Australian
Information
Commissioner
htps:/vvww.oaci .qov.a
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Contact Officer
If you have any questions about this matter, please email the FOI Contact Officer,
Ms Carolyn Hodges, at: foiasqa.gov.au
Yours sincerely

s
Tere ce Bowden
Freedom of Information Officer