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Relevant material
In reaching my decision I referred to the following:
• the terms of your request
• the FOI Act
• Guidelines published by the Of ice 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 documents
to which you sought access
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Documents in scope of request
The Department has undertaken reasonable searches for documents within the scope of your
request.
In summary, the searches undertaken by the relevant business area in relation to your request
included interrogation of standard record-keeping systems.
The Department does not hold an existing discrete document that contains the data you are
seeking.
The Department has considered whether it can extract the data in accordance with section 17(1) of
the FOI Act.
The obligation for retrieving or collating information stored in a computer system arises if:
• the Department could produce a writ en document containing the information using a
computer or other equipment that is ordinarily available to the agency for retrieving or
collating stored information, and
• producing a writ en document would not substantially and unreasonably divert the resources
of the agency from its other operations (s17(2))
In
Collection Point Pty Ltd v Commissioner of Taxation the full bench of the Federal Court decided
that if a new computer program is required to be written to produce the document then a computer
is not being used in a manner that is ordinarily available to the agency because an extraordinary
step is required to be taken.1
To compile the information you have requested into a discrete document would require a manual
search of each relevant individual record. This is not what section 17 of the FOI Act requires. Section
17 only requires a new document to be created when it is possible to do so using a computer or other
equipment to extract data. It is not possible to generate a document containing the information you
have requested.
I am satisfied that the Department is not able to produce a written document containing the
information you seek in a discrete form using a computer or other equipment ordinarily available to
it.
Having regard to your request and the types of documents that may fall within the scope of your
request, I am satisfied that the searches conducted were extremely thorough and all reasonable
steps have been taken to locate any document relevant to your request.
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5
Decision
I am satisfied that the Department has undertaken reasonable searches in relation to your request.
As required under Section 17(1) of the FOI Act, I have considered whether the data can be extracted
from computer systems ordinarily available to the Department.
To produce a writ en document would require the Department to write new code, which I do not
consider the ordinary use of departmental computer systems. To do so would substantially and
unreasonably divert the resources of the agency from its other operations as per Section 17(2).
As such, I have decided to refuse access to the documents you have requested under Section 24A
of the FOI Act as I am satisfied that the documents do not exist.
6
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.
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Your review rights
If you disagree with this decision, you have the right to apply for either an internal review or an
Information Commissioner review of the decision.
Internal review
If you want the Department to review this decision, you must make your internal review request
within 30 days of being notified of this decision.
When making your internal review request, please provide the Department with the reasons why you
consider this decision should be changed.
You can send your internal review request to:
Email: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
The internal review wil be carried out by an officer who is more senior than the original decision
maker. The Department must make its decision on the review within 30 days of receiving your
request for internal review.
Information Commissioner review
If you want the Australian Information Commissioner to review this decision, you must make your
request to the Of ice of the Australian Information Commissioner (OAIC) within 60 days of being
notified of this decision.
You can apply for an Information Commissioner review using the Information Commissioner review
application form on the OAIC website.
You can find more information about Information Commissioner reviews on the OAIC website.
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8
Making a complaint
You may make a complaint to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. This is a separate process to the
process of requesting a review of the decision as indicated above.
You can make an FOI complaint to the Of ice of the Australian Information Commissioner (OAIC)
at: FOI Complaint Form on the OAIC website.
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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.
Yours sincerely,
[Signed electronically]
Sean
Position number: 60134237
Authorised Decision Maker
Department of Home Af airs
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