12 November 2025
Richard SMITH
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 25/10/01714
File Number:
FA25/10/01714
Dear Richard SMITH
Freedom of Information (FOI) request – Decision
On 21 October 2025, 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 documents:
The Abbott's Booby is a large, long-lived seabird, with the only known nesting colony in the
world existing on Christmas Island.
The Abbotts Booby is listed as Endangered under the Environment Protection and
Biodiversity Conservation Act 1999 (EPBC Act).
The International Union for Conservation of Nature and Natural Resources and Action Plan
for Australian Birds 2000 list the Abbotts Booby as Critically Endangered.
Despite this endangered bird existing only in one place in the world, i.e. on Christmas Island,
and it's sole breeding habitat being the tall rainforest situated mostly above 150m elevation in
the western, central and northern portions of Christmas island, the Commonwealth went
ahead and cleared 99 acres of National Park and "prime Abbott's Booby habitat" to build the
Christmas Island Immigration Detention Centre in 2003-2008.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616
• www.homeaffairs.gov.au
Even with that needless destruction of 99 acres of critical breeding habitat, the
Commonwealth has enacted a National Recovery Plan for the Abbott's Booby.
It is here: https://www.dcceew.gov.au/environment/biodiversity/threatened/recovery-
plans/national-recovery-plan-abbotts-booby-papasula-abbotti
Border Force's responsibilities under the National Recovery Plan
Specific Objective 3 of the National Recovery Plan is "Ensure activities associated with
construction and operation of Immigration Reception and Processing Centre (IRPC) do not
impede recovery"
Specific Action 3.3 specifies "The day-to-day operational activities of the IRPC are managed
to ensure that environmental impacts are minimised. In particular, breeding of Abbotts booby
pairs nesting adjacent to the site should not be compromised by the Centres operational
activities."
The performance criteria of Specific Action 3.3 is "Breeding success and survival of boobies
nesting adjacent to the Centre is not reduced as a result of routine operation of the facility".
I therefore request the following Government Information:
(a) Documents detailing any monitoring activities undertaken by Border Force or it's agents
or contractors of sightings or nesting sites of the Abbott's Booby on Christmas Island in the
period 1 January 2020 to 1 October 2025; and
(b) Documents detailing any records or monitoring by Border Force or it's agents or
contractors of "breeding success and survival of boobies nesting adjacent to the Centre" on
Christmas Island in the period 1 January 2020 to 1 October 2025; and
(c) Documents detailing any activities undertaken by Border Force or it's agents or
contractors to assist with recovery and conservation of the Abbott's Booby on Christmas
Island in the period 1 January 2020 to 1 October 2025; and
(d) Documents detailing any activities undertaken by Border Force or it's agents or
contractors to detect and eradicate Yellow Crazy Ants on Christmas Island in the perion 1
January 2020 to 1 October 2025.
Requests involving use of computers etc
This request for Government information is for information contained within the Government's
information system, as contemplated by section 17 of the Act.
This request therefore covers documents which include documents where an “Where:
(a) a request (including a request in relation to which a practical refusal reason exists) is
made in accordance with the requirements of subsection 15(2) to an agency;
(b) it appears from the request that the desire of the applicant is for information that is not
available in discrete form in written documents of the agency; and
----
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(c) the agency could produce a written document containing the information in discrete form
by:
(i) the use of a computer or other equipment that is ordinarily available to the agency for
retrieving or collating stored information;
-----
the agency shall deal with the request as if it were a request for access to a written document
so produced and containing that information and, for that purpose, this Act applies as if the
agency had such a document in its possession.”
Clarifications
To assist Border Force, I am not seeking names and details of people in any of the
documents, so it would be appropriate to redact any references to people's names & contact
details.
In making this request I note that section 3 of the Act outlines:
"(4) The Parliament also intends that functions and powers given by this Act are to be
performed and exercised, as far as possible, to facilitate and promote public access to
information, promptly and at the lowest reasonable cost".
If this request can be answered as an informal request, please do so.
Otherwise, please proceed with this as a formal request under the Freedom of Information
principles & framework, i.e. the Freedom of Information Act 1982 & regulations.
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 documents 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
documents to which you sought access
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4
Documents in scope of request
The Department has undertaken reasonable searches for documents within the scope of your
request.
In summary, the search undertaken included interrogation of standard record-keeping systems by
the following business area of the Department:
•
Detention Operations
You may wish to approach the agency responsible for management of this said Plan for material.
The Department does not hold an existing discrete document that contains the information you are
seeking.
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.
5
Decision
The decision in relation to the document in the possession of the Department which fall within the
scope of your request is as follows:
•
Refuse as no documents exist
6
Reason for Decision
Detailed reasons for my decision are set out below.
6.1 Section 24A of the FOI Act – documents cannot be found, do not exist or have not
been received
Section 24A of the FOI Act provides that the Department may refuse a request for access to a
document if all reasonable steps have been taken to find the document and the Department is
satisfied that the document does not exist.
I am satisfied that the Department has undertaken reasonable searches in relation to your request
and that no documents were in the possession of the Department on 21 October 2025 when your
FOI request was received. As such, I am refusing your request based on the application of section
24A of 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
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.
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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 will 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 Office 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.
9
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 Office of the Australian Information Commissioner (OAIC)
at
: FOI Complaint Form on the OAIC website.
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. Yours sincerely
Electronically signed
Tony
Position number 60186973
Authorised Decision Maker
Department of Home Affairs
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