The Hon Tony Burke MP
Minister for Home Affairs
Minister for Immigration and Citizenship
Minister for Cyber Security
Minister for the Arts
Leader of the House
Oliver Smith
Email to
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: MO24/05/00003
File Number: ADF2024/126048
Dear Oliver Smith,
Freedom of Information (FOI) request – Access Decision
I refer to your correspondence received on 30 May 2024, seeking access to documents held
by the previous Minister for Immigration, Citizenship and Multicultural Affairs, the Hon.
Andrew Giles MP, under the
Freedom of Information Act 1982 (Cth) (the FOI Act).
The purpose of this letter is to provide you with a decision on your request for access under
the FOI Act.
Scope of request
You have requested access to the following documents:
Under the FOI act, I am seeking all correspondence, including emails, from the offices
of the Minister for Home Affairs and the Minister for Immigration, Citizenship and
Multicultural Affairs sent from 1 January 2024 that references "Peter Dutton".
Authority to make decision
I am authorised under section 23 of the FOI Act to make decisions on requests to access
documents or to amend or annotate records.
Relevant material
In reaching my decision I referred to the following:
• the terms of your request;
• the FOI Act; and
• Guidelines published by the Office of the Information Commissioner under section
93A of the FOI Act (the FOI Guidelines).
The Hon Tony Burke MP
Minister for Home Affairs
Minister for Immigration and Citizenship
Minister for Cyber Security
Minister for the Arts
Leader of the House
Documents in scope of request
The office of the current Minister for Home Affairs, Minister for Immigration and Citizenship,
Minister for Cyber Security and Minister for the Arts, the Hon. Tony Burke MP (the Current
Minister) has not identified any documents within the Current Minister’s possession which are
within the scope of your request.
Decision Section 24A of the FOI Act provides that a minister may refuse a request for access to a
document if all reasonable steps have been taken to find the document and the minister is
satisfied that the document does not exist or cannot be found.
Having regard to your request and the types of documents that may fall within the scope of
your request, I am satisfied that all reasonable steps have been taken to locate any document
relevant to your request.
As such, I am refusing your request based on the application of section 24A of the FOI Act.
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.
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 se
e https://www.oaic.gov.au/freedom-of-information/your-freedom
ofinformation-rights/freedom-of-information-reviews/internal-review.
Making a Complaint
You may complain to the Australian Information Commissioner about action taken by the
Office of the Minister in relation to your request.
Your enquiries to the Australian Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
The Hon Tony Burke MP
Minister for Home Affairs
Minister for Immigration and Citizenship
Minister for Cyber Security
Minister for the Arts
Leader of the House
Ema
il 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 Office of the Minister for Home Affairs as the relevant agency.
Contacting the Office of the Minister
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section
at xxx@xxxxxxxxxxx.xxx.xx quoting reference MO24/05/00003.
Kind regards,
Authorised decision maker
Office of the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for
Cyber Security and Minister for the Arts
xxx@xxxxxxxxxxx.xxx.xx
20 May 2025
Document Outline
