FOI24 213 Decision letter with Attachment.pdf

Our ref:
FOI24/213; CM24/8446

20 May 2024

Bob
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Bob
Freedom of Information Request FOI24/213 – Decision letter
The purpose of this letter is to give you a decision about your request for access to documents under
the Freedom of Information Act 1982 (the FOI Act) which you submitted to the Attorney-General's
Department (the department).
Your request
On 20 April 2024, you requested access to:
1.  A Federal Agency, and/or Federal Employee, and/or other Federal personnel have
jurisdiction over a man; and
2.  A Federal Agency, and/or Federal Employee, and/or other Federal personnel have
jurisdiction over said man's property.
On 24 April 2024, the department acknowledged your request and outlined its understand of the
documents you were seeking.
On 29 April 2024, you clarified that you are seeking:
…….. any legislation or policy that documents:
1. A Federal Agency, and/or Federal Employee, and/or other Federal personnel have
jurisdiction over a man; and
2. A Federal Agency, and/or Federal Employee, and/or other Federal personnel have
jurisdiction over said man's property.
Between 30 April 2024 and 7 May 2024, the department corresponded with you about the terms of
your request. On 7 May 2024, you reiterated the scope of you request as provided on 29 April 2024.
A decision in relation to your request is due on 20 May 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 fol owing into account:
•  the terms of your request,

•  advice provided to me by officers with responsibility for matters to which your request
relates,
•  the provisions of the FOI Act, and
•  the FOI Guidelines issued by the Australian Information Commissioner (the Guidelines).
S 24A of the FOI Act relevantly provides that an agency or Minister may refuse a request for access
to a document if al  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.
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 management systems and the practice of destruction or removal of
documents,
•  the record management systems in place,
•  the individuals within an agency or minister’s office who may be able to assist with the
location of documents, and
•  the age of the documents.
To identify the documents 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 in the Freedom of Information and Privacy section
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 documents were identified.
Having regard to the above, I am satisfied that reasonable steps to locate the documents 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.

Attorney-General's Department Freedom of Information Request FOI24/213 Decision letter
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If you wish to discuss this decision, the FOI case officer for this matter is Alistair, who can be reached
on (02) 6141 6666 or by email to xxx@xx.xxx.xx.
Yours sincerely

xxxxxx Cotton
Assistant Director
Freedom of Information and Privacy Section

Attachments
Attachment A:
Review rights

Attorney-General's Department Freedom of Information Request FOI24/213 Decision letter
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Attachment A – Your review rights
If you disagree with my decision, you may ask for an internal review or Information Commissioner
review.
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://forms.business.gov.au/smartforms/servlet/SmartForm.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://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-reviews/information-commissioner-review.
Attorney-General's Department Freedom of Information Request FOI24/213 Decision letter
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