Australian Government
Attorney-General's Department
Our ref:
FOl24/171; CM24/6901
24 April 2024
Jillian
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Jillian
Freedom of Information Request FOl24/171- Decision letter
I am writing to give you a decision about your request to the Attorney-General's Department (the
department) for access to documents under the
Freedom of Information Act 1982 (the FOi Act). I
note that you submitted your request to the Australian Government Solicitor (AGS). AGS forms a
group within the department, and therefore the department has processed your request.
Your request
On 27 March 2024 the department received your request for information.
On 2 April 2024, the department acknowledged your request.
On 4 April, the department asked you to revise your request to meet the requirements of the FOi
Act. You responded the same day to revise the terms of your request to be for
the instrument pursuant to, and not repugnant to, the Commonwealth of Australia
Constitution that provided for the Head of Power that empowered the Parliament of the
Australian Government to enact the Digital ID Bill 2023.
The department accepted this scope as valid. A decision in relation to your request is due on 26
April 2024.
My decision
I am an officer authorised under s 23(1) of the FOi Act to make decisions in relation to freedom of
information requests made to the department.
In making my decision, I have taken the following into account:
• the terms of your request,
• the provisions of the FOi Act, and
• the FOi Guidelines issued by the Australian Information Commissioner (the Guidelines).
Section 24A of the FOi Act relevantly provides that
an agency or Minister may refuse
a request for
access to
a document if all reasonable steps have been taken to find the document and the agency is
satisfied that the document:
• is in the agency's possession but cannot be found, or
• does not exist.
3-5 National Circuit, Barton ACT 2600 Telephone (02) 6141 6666 www.ag.gov.au ABN 92 661 124 436
When considering a decision to refuse access under s 24A of the FOi Act, the Guidelines relevantly
provide at paragraph 3.89 that an agency or minister should take comprehensive steps to locate
documents, having regard to:
• the subject matter of the documents,
• the current and past file and record management systems and the practice of destruction or
removal of documents,
• the individuals within an agency who may be able to assist with the location of documents,
and
• the age of the documents.
To identify the document for your request, I arranged for staff likely to be able to identify documents
to undertake comprehensive searches of relevant departmental information holdings. In particular,
a departmental staff member with responsibility for processing FOi requests interrogated the
department's records management system using search terms which were developed with reference
to the information provided in the scope of your request. Despite these efforts, no relevant
document was identified.
Having regard to the above, I am satisfied that reasonable steps to locate the document to which
you have sought access were undertaken. I am also satisfied that the document does not exist within
the department's records holdings. I have therefore decided to refuse access pursuant to s 24A of
the FOi Act.
Additional information
Your review rights under the FOi Act are set out at
Attachment A to this letter.
If you wish to discuss this decision, the FOi case officer for this matter is Rebekah, who can be
reached on (02) 6141 6666 or by email
to xxx@xx.xxx.xx.
Yours sincerely
Dana Nipperess
Assistant Director
Strategy and Governance Branch
Attachments
Attachment A:
Review rights
Attorney-General's Department Freedom of Information Request FOI24/171 Decision letter
Page 2 of 3
Australian Government
Attorney-General's Department
Attachment A - Your review rights
If you disagree with my decision, you may ask for an internal review or Information Commissioner
review. We encourage you to seek internal review as a first step as it may provide a more rapid
resolution of your concerns.
Internal review
You may apply for an internal review of my decision within 30 days of receiving this letter. Your
request for internal review must be in writing, and should provide reasons why you believe the
review is necessary. You may apply by
emailing xxx@xx.xxx.xx or by post to:
Director, Freedom of Information and Privacy Section
Strategy and Governance Branch
Attorney-General's Department
3-5 National Circuit
BARTON ACT 2600
Another officer will make a new decision on your request within 30 days of receiving your request
for internal review. If you are unhappy with the internal review decision, you may ask for an
information Commissioner review.
Information Commissioner review
Information Commissioner review requests must be submitted within 60 days of receiving this letter.
Your request should include your contact details, a copy of my decision, and the reasons why you
disagree with my decision. You can apply in one of the following ways:
Online: https :ljforms. business.gov .au/ sma rtforms/ servlet/Sma rt Form. html?formCode= ICR 10
Email: xxxxx@xxxx.xxx.xx
Mail: Director of FOi Dispute Resolution, GPO Box 5288, Sydney NSW 2001.
More information about Information Commissioner review is available at:
https:ljwww.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of
information-reviews/information-commissioner-review.
FOi Complaints
If you are concerned about how we handled your FOi request, please let us know what we could
have done better, as we may be able to rectify the situation. If you are not satisfied with our
response, you can make a complaint to the Information Commissioner. Your complaint must be in
writing, and can be lodged in one of the following ways:
Online: https: ljforms. busi ness.gov .au/sma rtforms/servlet/Sma rt Form. htm l?formCode= ICCA 1
Email: xxxxx@xxxx.xxx.xx
Mail: Director of FOi Dispute Resolution, GPO Box 5288, Sydney NSW 2001.
More information about Freedom of information complaints is available at:
https:ljwww.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of
i nfo rmatio n-compla ints.
Attorney-General's Department Freedom of Information Request FOI24/171 Decision letter
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