asqa decision letter 1

7/25/2019 Asqa decision letter 1

1/3

ustralian

overnment

ustralian Skills

Quality uthority

5

February 2016

Mr Paul Farrell

Reporter

The Guardian

Australia

By email: [email protected]

Dear

Mr Farrell,

Freedom of Information

F01

request

[15

16

0027

PF]

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.

equest

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

some

bands

of limitation

if

you

like

for them

to

be involved

as

gh

managera

agents in another RTO for

a

period of

two

years

under the act.

ummary

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

process,

the

agency

is satisfied that the practical

refusal

reason

stillxststhe

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 Authorit y

ABN 72 581 678 650

GPO Box 9928

Melbourne VC 3001

Info line 1300 701 801

www.asqa.goveu


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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.

ecision

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

ommissioner

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

2


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More information

about Information

Commissioner

review is available

on

the Office of the

Australian

Information Commissioner

website.

Go

to

psvvwwoacqovaureedomonormaonorevewprocess

ontact

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

3

asqa decision letter 1

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