Australian Government
Department of Immigration and Border Protection
1 July 2015
In reply please quote:
FOI Request FA 15/06/00618
File Number ADF2015/25170
Sent via email to: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Lisa Solinareos
Freedom of Information request – Decision on request - Access
This letter refers to an access request received under the
Freedom of Information Act 1982 (the Act) on 5 June 2015.
You requested access to the following information:
I am wanting to obtain documents regarding the number of admissions to health
clinics due to mental health issues of asylum seekers under the age of 18 residing in
Villawood Detention Centre during 2004.
Advice
I consulted within the Department regarding the documents in question. The business area has
advised that no documents falling within the scope of your request exist.
Decision I am an officer authorised under section 23 of the Act to make decisions in respect of requests
to access documents. My decision is to refuse access under section 24A(1) of the Act. My
reasons are set out below.
Based on advice from the relevant business areas, I am satisfied that the Department has taken
all reasonable steps to find any relevant documents, as required by s.24A(1)(a) of the Act. I
am satisfied that the Department does not hold any documents that fall within the scope of
your request. Therefore I am refusing your request for access under s.24A(1)(b)(ii) of the Act,
on the basis that the documents do not exist.
Review rights Internal review
If you disagree with my decision, you have the right to apply for an internal review by the
Department my decision. Any request for internal review must be provided to the Department
within 30 days of you being notified of the decision. Where possible please attach reasons
why you believe review of the decision is necessary. The internal review will be carried out
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.immi.gov.au
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by an officer other than the original decision-maker and the Department must make a review
decision within 30 days.
Applications for review should be sent to:
Freedom of Information
Department of Immigration and Border Protection
PO Box 25
BELCONNEN ACT 2617
Or by email to: xxx@xxxxxx.xxx.xx
Review by the Office of the Australian Information Commissioner
You may apply directly to the Office of the Australian Information Commissioner (OAIC) for
a review of my decision. You must apply in writing within 60 days of this notice. For further
information about review rights and how to submit a review request to the OAIC, please see
FOI fact sheet 12 ‘
Freedom of information – Your review rights’, available online
at
www.oaic.gov.au .
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the department has handled your request under the FOI Act. Information about how to
submit a complaint is also available at
www.oaic.gov.au .
Contacting the FOI Section If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Simone Stanley
FOI Officer
Freedom of Information Section
Department of Immigration and Border Protection
Email
xxx@xxxxxx.xxx.xx
Attachments:
Extract from relevant legislation
Extract of relevant legislation
6C Requirement for Commonwealth contracts
(1) This section applies to an agency if a service is, or is to be, provided under a
Commonwealth contract in connection with the performance of the functions or the
exercise of the powers of the agency.
(2) The agency must take contractual measures to ensure that the agency receives a document
if:
(a) the document is created by, or is in the possession of:
(i) a contracted service provider for the Commonwealth contract; or
(ii) a subcontractor for the Commonwealth contract; and
(b) the document relates to the performance of the Commonwealth contract (and not to
the entry into that contract); and
(c) the agency receives a request for access to the document.
23 Decisions to be made by authorised persons
(1) Subject to subsection (2), a decision in respect of
a request made to a
n agency
may be made, on behalf of the
agency, by the
responsible Minister or the
principal
officer of th
e agency or, subject to the regulations, by a
n officer of the
agency
acting within the scope of authority exercisable by him or her in accordance with
arrangements approved by th
e responsible Minister or the
principal officer of
th
e agency.
(2) A decision in respect of a
request made to a court, or made to a
tribunal, authority
or body that is specified in Schedule 1, may be made on behalf of that
court
, tribunal, authority or body by the
principal officer of that court,
tribunal,
authority or body or, subject to the regulations, by a
n officer of that court
, tribunal,
authority or body acting within the scope of authority exercisable by him or her in
accordance with arrangements approved by th
e principal officer of that court
, tribunal,
authority or body.
24A Requests may be refused if documents cannot be found, do not exist or have not
been received
Document lost or non-existent
(1) 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.
Document not received as required by contract
(2) An agency may refuse a request for access to a document if:
(a) in order to comply with section 6C, the agency has taken contractual measures
to ensure that it receives the document; and
(b) the agency has not received the document; and
(c) the agency has taken all reasonable steps to receive the document in accordance
with those contractual measures.
Document Outline
