
Our ref:
FOI23/223; CM23/10139
19 May 2023
Gareth Smith
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Gareth
Freedom of Information Request FOI23/223– Decision letter
The purpose of this letter is to give you a decision about your request for access to documents under
the
Freedom of Information Act 1982 (the FOI Act) which you submitted to the Attorney-General's
Department (the department).
Your request On 20 April 2023, you requested access to:
1. Australian government periodic reports referred to under Article VI of the International
Convention on the Suppression and Punishment of the Crime of Apartheid.
2. Al documents relating to Articles II and IV of the International Convention on the
Suppression and Punishment of the Crime of Apartheid and Australia's relationship with
Israel, including visits to Australia by Israeli politicians and Australian citizens serving in the
Israeli Defence Force.
On 2 May 2023, the department acknowledged your request.
A decision in relation to your request is due on 22 May 2023.
My decision
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to freedom of
information requests made to the department.
In making my decision, I have taken the fol owing into account:
• the terms of your request,
• advice provided to me by officers from relevant areas of the department,
• the provisions of the FOI Act, and
• the FOI Guidelines issued by the Australian Information Commissioner (the Guidelines).
Section 24A of the FOI Act relevantly provides that an agency or Minister may refuse a request for
access to a document if al reasonable steps have been taken to find the document and the agency is
satisfied that the document:
• is in the agency’s possession but cannot be found, or
• does not exist.
When considering a decision to refuse access under s 24A of the FOI Act, paragraph 3.89 of the
Guidelines state that an agency or minister should take comprehensive steps to locate documents,
having regard to:
• the subject matter of the documents,
• the agency’s current and past file management systems and the practice of destruction or
removal of documents,
• the individuals within an agency or minister’s office who may be able to assist with the
location of documents, and
• the age of the documents.
To identify the documents for your request, I arranged for staff likely to be able to identify
documents to undertake comprehensive searches of relevant departmental information holdings. In
particular, a departmental staff member with responsibility for processing Freedom of Information
requests interrogated the department’s records management system using search terms which were
developed with reference to the information provided in the scope of your request. Despite these
efforts, no relevant documents were identified.
Having regard to the above, I am satisfied that reasonable steps to locate the documents to which
you have sought access were undertaken. I am also satisfied that no documents within scope of your
request were found within the department’s records holdings. I have therefore decided to refuse
access pursuant to s 24A of the FOI Act.
Your review rights under the FOI Act are set out at
Attachment A to this letter.
If you wish to discuss this decision, the FOI case officer for this matter is xxxxx, who can be reached
on (02) 6141 6666 or by email to
xxx@xx.xxx.xx. Yours sincerely
Kellie Henning
Assistant Director
Freedom of Information
Attachments
Attachment A:
Review rights
Freedom of Information request FOI23/223 - Decision letter
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Attachment A - FOI Review rights
If you are dissatisfied with the decision of the Attorney-General’s Department (the department), you
may apply for internal review or Information Commissioner review of the decision.
The department encourages applicants to consider seeking internal review as a first step as it may
provide a more rapid resolution of your concerns.
Internal review
Under s 54 of the
Freedom of Information Act 1982 (FOI Act), applications for internal review must
be made in writing within 30 days of the date of the decision letter, and be lodged in one of the
following ways:
email: xxx@xx.xxx.xx
post: Freedom of Information and Privacy Section
Strategy and Governance Branch
Attorney-General’s Department
3-5 National Circuit BARTON ACT 2600
An officer of the department other than the officer who made the original decision will complete the
internal review within 30 days of receipt of your request.
Providing reasons you believe internal review of the decision is necessary will facilitate the
completion of the internal review.
Information Commissioner review
Under s 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 the decision letter, and be lodged in one of the fol owing ways:
online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR 10
email: xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney NSW 2001
More information about Information Commissioner review is available on the Office of the
Australian Information Commissioner website at https://www.oaic.gov.au/freedom-of-
information/your-freedom-of-information-rights/freedom-of-information-reviews/information-
commissioner-review.
Freedom of Information request FOI23/223 - Decision letter
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