15 September 2023
Mr O Smith
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 23/07/00656
File Number:
FA23/07/00656
Dear Mr Smith
Freedom of Information (FOI) request – Access Decision
On 12 July 2023, the Department of Home Affairs (the Department) received a request for
access to documents under the
Freedom of Information Act 1982 (the FOI Act).
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
1
Scope of request
You have requested access to the following documents:
Under the Freedom of Information Act, I seek all communication between the
Minister for Immigration and Citizenship Andrew Giles and any and all Federal
Labor MPs in relation to delivering the minister's message at a Citizenship
Ceremony and discussion of the Indigenous Voice to Parliament at the ceremonies.
2
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
• the terms of your request
• the FOI Act
• Guidelines published by the Office of the Australian Information Commissioner (OAIC)
under section 93A of the FOI Act (the FOI Guidelines)
• advice from Departmental officers with responsibility for matters relating to the
document/s to which you sought access.
808 Bourke Street Melbourne 3001
xxx@xxxxxxxxxxx.xxx.xx • www.homeaffairs.gov.au
4
Documents in scope of request
The Department has undertaken reasonable searches for documents within the scope of your
request.
Searches
In summary, the searches undertaken by the relevant business areas in relation to your request
included:
• A search of the Parliamentary Document Management System (PDMS)
• Information holdings of the Citizenship Program Ceremonies Section.
Having regard to your request and the types of documents that may fall within the scope of your
request, I am satisfied that the searches conducted were extremely thorough and all
reasonable steps have been taken to locate any document in the Department’s possession
which is within scope of your request.
5
Decision
Section 24A of the FOI Act provides that the Department may refuse a request for access to a
document if all reasonable steps have been taken to find the document and the Department is
satisfied that the document does not exist.
I am satisfied that the Department has undertaken reasonable searches in relation to your
request and that no documents within scope of your request were in the possession of the
Department on 12 July 2023, when your FOI request was received. As such, I am refusing your
request based on the application of section 24A of the FOI Act.
6
Legislation
A copy of the FOI Act is available at https:/ www.legislation.gov.au/Series/C2004A02562. If you
are unable to access the legislation through this website, please contact our office for a copy.
7
Your Review Rights
Review by the Office of the Australian Information Commissioner
You may apply directly to the OAIC for a review of this decision. You must apply in writing
within 60 days of this notice.
For further information about review rights and how to submit a request for a review to the
OAIC, please see Apply for an internal review | OAIC
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8
Making a Complaint
You may complain to the Australian Information Commissioner about action taken by the
Department in relation to your request.
Your enquiries to the Australian Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Australian Information
Commissioner. The request should be in writing and should set out the grounds on which it is
considered that the action taken in relation to the request should be investigated, and identify
the Department of Home Affairs as the relevant agency.
9
Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
xxx@xxxxxxxxxxx.xxx.xx.
Anne Leo
Assistant Secretary
Citizenship Program Delivery Branch
Citizenship and Multicultural Affairs Division
Position number: 3355
Authorised Decision Maker
Department of Home Affairs
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