19 December 2023
Oliver Smith
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA23/11/00728
File Number: FA23/11/00728
Dear Oliver Smith,
Freedom of Information (FOI) request – Access Decision
On 14 November 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:
Under the FOI Act, I am seeking the document with PDR Number: MS22-002452 called
Changes to the Australian Citizenship Ceremonies Code.
Any personal information can be redacted to expedite this process.
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 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 Information Commissioner under section 93A
of the FOI Act (the FOI Guidelines)
• advice from Departmental officers with responsibility for matters relating to the
document to which you sought access
PO BOX 25 Belconnen ACT 2616 • xxx@xxxxxxxxxxx.xxx.xx •
www.homeaffairs.gov.au
4 Documents in scope of request
The document relevant to your request is publicly available via the Department of Home
Affairs Disclosure log https://www.homeaffairs.gov.au/access-and-accountability/freedom-of-
information/disclosure-logs/2023 by searching for FOI request FA 23/01/00091- Pages 62-65.
5
Decision
My decision in relation to your request is to refuse access to the document you have requested
on the basis that it is publicly available.
6
Reasons for decision
Section 4(1)(d) of the FOI Act provides that a document for the purpose of the FOI Act
does not include material maintained for reference purposes that is otherwise publicly available.
As the document you have requested access to is publicly available at the web address
provided above, I consider that you are not entitled to access to the document under the
FOI Act.
7
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.
8
Your Review Rights
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 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
https:/ www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-
commissioner-review/.
9
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.
10 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.
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Yours sincerely,
[Signed electronically]
Joanne
Position Number: 60100057
Authorised Decision Maker
Department of Home Affairs
- 3 –
Document Outline
