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Freedom of Information (FOI) request
Notice of Decision
Reference: FOI-2023-242
To Brutus
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Brutus
I refer to your request to the Department of the Prime Minister and Cabinet (the Department), under
the
Freedom of Information Act 1982 (the FOI Act), received on 3 September 2023.
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
Scope of request
You set out your original request in the fol owing terms:
Despite an express object of the Public Interest Disclosure Act 2013 (Cth) requiring that
“disclosures by public officials are properly investigated and dealt with” (Public Interest
Disclosure Act 2013 (Cth), s 6(d)), under the Freedom of Information Act 1982 (Cth), I request
access to any and all documents in the possession of the Department of Prime Minister and
Cabinet providing that it is permissible for an inadequate public interest disclosure investigation
to remain unremedied by officials in the agency to which an internal disclosure under the Public
Interest Disclosure Act 2013 (Cth) was allocated for investigation.
On 14 September 2023, the Department provided you with the link to the Department’s procedures
for investigating public interest disclosures (the PID Procedures),
1 which appeared to be relevant to
your request. The Department also sought additional information to assist the Department in
identifying the documents you are seeking. On the same day, you advised that your request is
1 PM&C Public Interest Disclosure Procedures, 5 August 2021:
https://www.pmc.gov.au/sites/default/files/resource/download/2021-08-05-signed-updated-public-interest-
disclosure-procedures-2021_0.pdf
Postal Address: PO Box 6500, CANBERRA ACT 2600
Telephone: +61 2 6271 5849 Fax: +61 2 6271 5776 www.pmc.gov.au ABN: 18 108 001 191
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OFFICIAL
sufficient in its original form, and requested that the Department proceed with the processing of your
request.
Authorised decision-maker
I am authorised to make this decision in accordance with arrangements approved by the
Department’s Secretary under section 23 of the FOI Act.
Material taken into account
In reaching my decision I have had regard to the fol owing:
• the terms of your request;
• searches and enquiries undertaken by the Department;
• the FOI Act;
• the Guidelines issued by the Information Commissioner under section 93A of the FOI Act (the
FOI Guidelines).
Decision
I have decided to refuse your request under section 24A(1)(b)(ii) of the FOI Act, on the grounds that
the Department has taken al reasonable steps to locate the documents you have requested, and
those documents do not exist.
Reason for decision
My findings of fact and reasons for deciding to refuse your request for access are set out below.
1. Documents cannot be found or do not exist
Section 24A(1) of the FOI Act provides that:
An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
In determining what the FOI Act means with respect to ‘al reasonable steps’, I have had regard to the
FOI Guidelines which discuss the meaning of ‘reasonable’ in section 24A(1)(a). It is not designed to go
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beyond the limit assigned by reason, not to be extravagant or excessive, rather to be moderate and of
such an effort to be appropriate or suitable to the circumstances.
2
The Department has undertaken enquiries with People Branch regarding any relevant records that
would meet the terms of your request. People Branch sits within the Corporate Division of the
Department and is responsible for the Department’s policy on, and handling of, public interest
disclosures. People Branch advised that based on their knowledge of the subject matter that there
were no documents in the possession of the Department that would meet the terms of your request,
apart from the already publicly-available PID Procedures which was provided to you on 14 September
2023.
I am satisfied that the measures taken by the Department to identify and locate documents in
response to your request under the FOI Act, as outlined above, are appropriate and suitable given the
circumstances. After taking al reasonable steps to find the documents, no documents relevant to your
request have been identified.
Accordingly, I am refusing your request for access under section 24A(1)(b)(i ) of the FOI Act as the
documents you have requested do not exist.
Additional Information
It is open to you to lodge a fresh request in relation to the Department’s procedures for investigating
public interest disclosures. It would assist the Department in processing your request if you could
provide clarification on what you would consider to be an
inadequate or
unremedied public interest
disclosure investigation, in light of the PID Procedures that has already been provided to you.
This would enable the Department to undertake a search for documents and would assist in ensuring
that your request is valid under the FOI Act, noting the requirements of section 15(2) of the FOI Act. If
you need assistance before making a further FOI request, you are welcome to contact the FOI section
on (02) 6271 5849 or
xxx@xxx.xxx.xx.
Review rights
If you disagree with my decision, you may apply for internal review or Information Commissioner
review of the decision.
2 Paragraph 3.88 of the FOI Guidelines
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Internal review
Under section 54 of the FOI Act, you may apply in writing to the Department for an internal review of
my decision. The internal review application must be made within 30 days after the date of this letter,
please attach the reasons why you disagree with the decision.
Applications for review should be sent to
xxx@xxx.xxx.xx.
Information Commissioner 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 after the date of this letter.
More information about Information Commissioner review is available
here.3
FOI Complaints
If you are unhappy with the way we have handled your FOI request, please let us know what we could
have done better. We may be able to rectify the problem. If you are not satisfied with our response,
you can make a complaint to the Australian Information Commissioner. A complaint to the
Information Commissioner must be made in writing. More information about complaints is available
here.4 If you wish to discuss any aspect of your requests, you can contact the FOI Section by email at
xxx@xxx.xxx.xx.
Yours sincerely
Melinda Bopping
Chief People Officer
People Branch
Department of the Prime Minister and Cabinet
3 October 2023
3 https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-reviews/information-commissioner-review
4 https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-complaints/make-an-foi-complaint
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Document Outline