Our Ref
LEX 853
Mr Trent Morrison-Francis
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Morrison-Francis
Your Freedom of Information request - decision
I refer to your request, received by the Department of Employment and Workplace Relations (the
department) on 31 October 2023, for access under the
Freedom of Information Act 1982 (FOI Act) to
the following documents:
“…All active Memorandum of Understanding, Heads of Agreement, Data Sharing
Agreements, and Service Contracts that result in the sharing of veteran data, even if de-
identified. I am looking for similar documents for programs and agreements that ceased
within the last 10 years or are still active.”
The department did not make a decision on your request by the initial due date of
30 November 2023 and consequently the department was deemed to have refused your request by
operation of section 15AC of the FOI Act. On 15 December 2023, the department applied to the
OAIC for an additional 22 days to deal with your request. On 19 December 2023, the OAIC granted
the department’s request for a further 22 days. The effect of the OAIC’s decision is that your request
is taken never to have been deemed refused and a decision in relation your request must be made
by 22 December 2023.
My decision
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided to refuse your request pursuant to subparagraph 24A(1)(b)(ii) of the FOI Act, on the
basis that I am satisfied that the documents you are requesting do not exist.
Reasons for decision
An agency may refuse a request for access under subsection 24A(1) of the FOI Act 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.
I have decided to refuse your request pursuant to section 24A of the FOI Act on the basis that
all reasonable steps have been taken by relevant departmental officers to locate documents falling
within the scope of your request and I am satisfied, based on those consultations, that those
documents do not exist.
Reasonable searches
The department identified 3 relevant business areas that were most likely to hold documents within
scope of your request. Those were: Digital Workplace Branch, Parliamentary and Governance Branch
and Architecture, Design and Development Branch.
The Information Management Team in the Digital Workplace Branch performed a thorough
IT system search of the department’s shared computer drives and information storge system
(HP Content Manager) including in their search terms the word ‘veteran’, the time period of 2013 to
2023 as well as the data sharing arrangement names as referenced in your request.
Both Parliamentary and Governance Branch and Architecture, Design and Development Branch
reviewed agreements in their possession and also advised that no documents fell within the scope of
your request.
Based on the above, I am satisfied that reasonable searches have been undertaken and that
documents relevant to your request do not exist. I have therefore decided to refuse your request
pursuant to subparagraph 24A(1)(b)(ii) of the FOI Act.
I have enclosed information about your rights of review under the FOI Act at
Attachment A.
Yours sincerely
Rebecca
Authorised Decision Maker
Department of Employment and Workplace Relations
20 December 2023
Attachment A
YOUR RIGHTS OF REVIEW
Asking for an explanation of an FOI decision
Before you ask for a formal review of an FOI decision, you can contact us and we will explain the
decision to you.
Asking for a formal review of an FOI decision
If you still believe the decision is incorrect, the FOI Act gives you the right to apply for a review of the
decision. Under sections 54 and 54L of the FOI Act, you can apply for a review of an FOI decision by:
an internal review officer in the department and/or
the Australian Information Commissioner.
There are no fees for applying for a formal review.
Applying for an internal review by an internal review officer
If you apply for internal review, a different decision maker to the decision maker who made the
original decision will review your request. The internal review decision maker will consider all
aspects of the original decision afresh and decide whether the decision should change.
An application for internal review must be made in writing within 30 days of receiving this letter. You
can lodge your application:
Post:
Commercial and Information Law Branch
Department of Employment and Workplace Relations
Location Code: C50MA1
GPO BOX 9828
CANBERRA ACT 2601
Email:
xxx@xxxx.xxx.xx
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
You will have 60 days to apply in writing for a review by the Australian Information Commissioner.
You can lodge your application in one of the following ways:
Online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_10
Email:
xxxxx@xxxx.xxx.xx
Post:
Australian Information Commissioner
GPO
Box
5218
SYDNEY
NSW
2001
Complaints to the Australian Information Commissioner
Australian Information Commissioner
You may complain to the Australian Information Commissioner about action taken by an agency in
the exercise of powers or the performance of functions under the FOI Act.
A complaint to the Australian Information Commissioner must be made in writing and can be lodged
in one of the following ways:
Online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICCA_1
Email:
xxxxx@xxxx.xxx.xx
Post:
Australian Information Commissioner
GPO
Box
5218
SYDNEY
NSW
2001
