20 April 2016
In reply please quote:
FOI Request FA 15/12/01767
File Number ADF2015/70048
To Ben Fairless
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Fairless
Freedom of Information request – decision on request
This letter refers to your request received on 25 December 2015 seeking access under the
Freedom of Information Act 1982 (the FOI Act) to the following documents:
Can you please provide a copy of documents which contain the below information:
1. Details of requests received by the Freedom of Information and Privacy
section of the Department, categorised by month
2. Details of requests completed by the Freedom of Information and Privacy
section of the Department, categorised by month
3. Details of requests completed by the Freedom of Information and Privacy
section of the Department, categorised by month which were processed as
Administratively
4. Internal correspondence in relation to the current Automatic Reply which is
sent from the FOI Mailbox.
I have numbered your request for ease of reference.
On 5 January 2016 I wrote to you to clarify the terms of your request. You responded on this
date and provided the following clarification on the terms of your request:
Can confirm I'm looking for data in 2015.
I would like the names or positions of non-SES staff but other personal info can be
excluded.
Processing time
According to section 15AA of the FOI Act, the Department must process a request within a
30 day timeframe. I note that your request was due on 24 January 2016. The Department
apologises for the delay in processing your request.
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.border.gov.au
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Section 15AC of the FOI Act provides that, by failing to process your request within the
30 day timeframe, the Department is deemed to have refused your access request.
However, the Department is continuing to process your request on an administrative basis,
and according to the procedures and scheme provided by the FOI Act.
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 Departmental records.
Information considered
In reaching my decision, I have considered the following:
• the
Freedom of Information Act 1982;
• the Australian Information Commissioner’s guidelines relating to access to documents
held by government;
• the terms of your request; and
• Departmental documents (identified in the schedule).
Decision
In accordance with section 17 of the FOI Act, the Department has used its computer system
to prepare one document that contains information subject to parts 1 and 2 of your request.
The Department has identified seven (7) documents, including the document created under
section 17, that fall within the scope of your request. These were in the possession of the
Department at the time of your request.
Part 3 of your request is seeking access to information regarding the release of documents
from the FOI Section under an administrative access scheme. The FOI Section is unable to
produce this data as the system does not categorise this type of information. For your
reference an administrative release of documents can occur in a number of ways, for
example: as part of the processing of an FOI request; or referred to the responsible area to
complete.
My decision in relation to the documents which come within the scope of your request is:
• Release one (1) document in full
• Release five (5) documents in full with deletions applied under s.22(1)(a)(ii)
• Delete one (1) document in full under s.22(1)(a)(ii)
• Refuse access to part 3 of your request
I have provided the reasons for my decisions below.
A schedule of the documents is at
Attachment A for your reference.
Reasons for Decision
I have considered the documents within the scope of your request and applied deletions in
part as detailed in the schedule at
Attachment A. You should read the schedule in
conjunction with my reasoning below.
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Deletion of exempt or irrelevant material under s.22 of the FOI Act
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a
document contains exempt information or material that is irrelevant to the request
and it is
possible for the agency to prepare an edited copy of the document with the irrelevant or
exempt material deleted, then the agency must prepare such a copy.
This edited copy must be provided to the applicant. Further, the decision maker must advise
the applicant in writing that the edited copy of the document has been prepared and of the
reason(s) for each of the deletions in the document (s.22(3) of the FOI Act).
Exempt material is deleted pursuant to s.22(1)(a)(i) and irrelevant material is deleted
pursuant to s.22(1)(a)(ii) of the FOI Act. When a document only contains a deletion of
irrelevant material under s.22(1)(a)(ii) the information is considered to have been released in
full.
I have decided that parts of the documents would disclose information that could reasonably
be regarded as irrelevant to your request. This information consists of third party personal
details, staff telephone numbers and emails which you have agreed do not fall within the
scope of your request. However, in accordance with the advice you provided in your email
dated 5 January 2016 staff names remain within the documents.
Further, I have deleted metadata from the documents under s.22(1)(a)(ii). For your reference
the metadata was attached to the emails during the preparation of the documents.
This information was not a part of the email correspondence at the time that it was created.
Refuse access if documents do not exist – section 24A
Section 24A(1) of the FOI Act provides that an agency may refuse access to a request if the
decision maker is satisfied that all reasonable steps have been taken to find the requested
document but that the document does not exist.
I have considered the categories of data collected within the system used by the FOI Section
and its reporting capabilities against part 3 of your request. I am satisfied that the
Department does not hold any discrete documents (electronic or hard copy) that fall within
the scope of part 3 of your request.
Further, I am satisfied that the Department cannot create discrete documents to meet your
request
by the use of a computer or other equipment that is ordinarily available to the agency
for retrieving or collating the stored information (s.17(1)(c)(i) of the FOI Act). Therefore, I am
satisfied that s.17(1) of the FOI Act does not apply to your request.
This is because the system does not capture when an administrative release has occurred to
respond to, or as part of, a request that was submitted to the FOI Section for processing.
I am satisfied that the Department has taken all reasonable steps to find documents
containing the information that you requested.
My decision is to refuse access to part 3 of your request as documents do not exist
(s.24A(1)(b)(ii) of the FOI Act).
link to page 4
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Review rights Internal review
If you disagree with my decision, you have the right to apply for an internal review by the
Department of my decision. Any request for internal review must be provided to the
Department within 30 days of you being notified of the decision. Where possible please
attach reasons why you believe review of the decision is necessary. The internal review will
be carried out by an officer other than the original decision-maker and the Department must
make a review decision within 30 days.
Applications for review should be sent to:
Freedom of Information
Department of Immigration and Border Protection
PO Box 25
BELCONNEN ACT 2617
Or by email to: xxx@xxxxxx.xxx.xx
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 my decision. You must apply in writing within 60 days of this notice. For further
information about review rights and how to submit a review request to the OAIC, please see
FOI fact sheet 12 ‘
Freedom of information – Your review rights’, available online at
www.oaic.gov.au .
How to make a complaint about the handling of this FOI request
You may complain to either the Commonwealth Ombudsman or the Australian Information
Commissioner about action taken by the Department of Immigration and Border Protection in
relation to your request.
1 The Ombudsman will consult with the Australian Information Commissioner before
investigating a complaint about the handling of an FOI request.
Your enquiries to the Ombudsman can be directed to:
Phone 1300 362 072 (local call charge)
Email xxxxxxxxx@xxxxxxxxx.xxx.xx
Your enquiries to the Australian Information Commissioner can be directed to:
–
Phone 1300 363 992 (local call charge)
Email xxxxxxxxx@xxxx.xxx.xx
1 On 13 May 2014, the Australian Government announced a decision to disband the Office of
the Australian Information Commissioner (OAIC). However, the Freedom of Information
Amendment (New Arrangements) Bill 2014, which proposes the closure of the Office of the
Australian Information Commissioner (OAIC), has not yet been considered by the Senate.
The OAIC therefore remains operational until further notice. Information on the OAIC public
website advises that Information Commissioner reviews will continue to be handled by the
OAIC and FOI complaints will be referred to the Commonwealth Ombudsman. Please
contact the OAIC on the details above if you require further information.
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There is no particular form required to make a complaint to the Ombudsman or 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 Department of Immigration and Border Protection as the
relevant agency.
Contacting the FOI Section If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Janelle Raineri
Authorised decision maker
Freedom of Information Section
Department of Immigration and Border Protection
Telephone
02 6264 1580
Email
xxx@xxxxxx.xxx.xx
Attachments
• Attachment A - Schedule of Documents
• Attachment B – Extract of relevant legislation
• Documents released under the FOI Act
Attachment A
SCHEDULE OF DOCUMENTS TO DECISION RECORD
FOI Request FA 15/12/01767
File Number ADF2015/70048
Document Folios Description
Decision
Legislation
No.
1
1
Number of requests received and
Released in full
finalised during 2015
2
1
Email dated:
Released in full
s.22(1)(a)(ii)
Monday, 16 November 2015 8:40 AM
with deletions
applied
3
2
Attachment 1 to email above
Released in full
s.22(1)(a)(ii)
Form 1023 Notification of incorrect
with deletions
answer(s)
applied
4
1
Attachment 2 to email above
Deleted in full
s.22(1)(a)(ii)
Third party document
5
1
Email dated:
Released in full
s.22(1)(a)(ii)
Monday, 16 November 2015 8:52 AM
with deletions
applied
6
1
Attachment to email above
Released in full
s.22(1)(a)(ii)
Draft automated email
with deletions
applied
7
2
Email dated:
Released in full
s.22(1)(a)(ii)
Monday, 16 November 2015 11:19 AM
with deletions
applied
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.border.gov.au
Attachment B – Extract of relevant legislation
17 Requests involving use of computers etc.
(1) 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
(ba) it does not appear from the request that the applicant wishes to be provided with a
computer tape or computer disk on which the information is recorded; and
(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; or
(ii) the making of a transcript from a sound recording held in the agency;
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.
(2) An agency is not required to comply with subsection (1) if compliance would
substantially and unreasonably divert the resources of the agency from its other
operations.
22 Access to edited copies with exempt or irrelevant matter deleted
Scope
(1) This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(ii) that to give access to a document would disclose information that would
reasonably be regarded as irrelevant to the request for access; and
(b) it is possible for the agency or Minister to prepare a copy (an
edited copy) of the
document, modified by deletions, ensuring that:
(i) access to the edited copy would be required to be given under section 11A
(access to documents on request); and
(ii) the edited copy would not disclose any information that would reasonably be
regarded as irrelevant to the request; and
(c) it is reasonably practicable for the agency or Minister to prepare the edited copy,
having regard to:
(i) the nature and extent of the modification; and
(ii) the resources available to modify the document; and
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.border.gov.au
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(d) it is not apparent (from the request or from consultation with the applicant) that the
applicant would decline access to the edited copy.
Access to edited copy
(2) The agency or Minister must:
(a) prepare the edited copy as mentioned in paragraph (1)(b); and
(b) give the applicant access to the edited copy.
Notice to applicant
(3) The agency or Minister must give the applicant notice in writing:
(a) that the edited copy has been prepared; and
(b) of the grounds for the deletions; and
(c) if any matter deleted is exempt matter—that the matter deleted is exempt matter
because of a specified provision of this Act.
(4) Section 26 (reasons for decision) does not apply to the decision to refuse access to the
whole document unless the applicant requests the agency or Minister to give the applicant
a notice in writing in accordance with that section.
24A Requests may be refused if documents cannot be found, do not exist or have not
been received
Document lost or non-existent
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
Document Outline
