Avoid Ab-SURD outcomes: Notice of Intention to Refuse to Deal

December 14, 2016 - 9:57am

The Office of the Information Commissioner has updated our guideline on Refusal to Deal - Substantial and Unreasonable Diversion of Resources (SURD).

Most agencies have sought at one time or another to refuse to deal with an application on these grounds (section 41 of the Right to Information Act 2009 or section 60 of the Information Privacy Act 2009). On occasion, agencies have not been successful in relying on this ground because of errors when issuing the notice of intention to refuse to deal.

Specific information must be included in such a notice. Even if everything else is right with your decision and dealing with the applicationwould substantially and unreasonably divert your agency's resources—if your notice is missing one of the mandatory requirements your whole decision can fall over.

In order to help stop this from happening, the updated Guideline includes a template notice of intention to refuse to deal that agencies can adapt for their own use.

You can find the updated Guideline here and the template Notice in Appendix A. If you need more information about SURD or refusal to deal generally, please contact the OIC Enquiries service on (07) 3234 7373 or enquiries@oic.qld.gov.au.