20321ab7_nformation_Commissioner___OAIC_reedom_of_Information_Act_1982_Issue_description
[FOI Act Part] Part III — Access to documents [FOI Act section] 15(2)(b), 24AA (1)(b) [Recommended action] Section 24AA(1)(b) should be removed to make it clear that the processing of an FOI request only starts when the request satisfies the requirements in s 15(2)(b): that is, when the FOI applicant has provided the information reasonably necessary to identify the documents sought. [Issue description] 
There is ambiguity about when a valid request has been received due to an overlap between the requirements of a valid request in s 15 and the definition of a practical refusal reason in s 24AA. If a 'request' does not meet the formal requirements of s 15(2), an agency must take reasonable steps to assist the person to make a request that complies with the Act (s 15(3)). This includes where the documents cannot reasonably be identified (s 15(2)(b)). However, s 24AA provides that a practical refusal reason exists (and therefore consultation is required) if (inter alia) a request does not satisfy the requirement in s 15(2)(b). This suggests that a request can reach the practical refusal stage even if it is not a valid request (because the documents cannot reasonably be identified) which, in turn, causes confusion about whether the statutory time period has started.
Review of freedom of information legislation| Office of the Australian Information Commissioner - OAIC
Issue description