Our reference: 16/205271
21 December 2016
Mr Shaun Camilleri
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Camilleri,
Freedom of Information Request ACIC 16-34
I refer to your request for access to documents relating to firearms under the
Freedom of
Information Act 1982. This is a decision made under the
Freedom of Information Act 1982 (the FOI
Act) in relation to documents within the scope of that request.
Background to the Decision
You have requested documents relating to:
Documents which show how many firearm related crimes have been committed in the past 5
years by people who held a firearms licence.
We received your request on
Monday 21 November 2016 and the 30 day statutory period for
processing your request commenced from the day after that date. A decision is therefore due to you
by
Wednesday 21 December 2016.
Authority and Materials Considered
I am authorised under section 23 of the FOI Act to make a decision concerning the information you
have requested access to.
In reaching my decision I have taken into consideration:
the relevant provisions of the FOI Act;
the contents of the relevant documents;
relevant guidelines issued by the Office of the Australian Information Commissioner; and
relevant Tribunal and Federal Court decisions concerning the operation of the FOI Act.
Discovering threats,
supporting law enforcement,
protecting Australia.
Summary of Decision
I have refused your request for access to documents because the documents you have sought access
to cannot be found or do not exist.
Reasons for Decision
Under section 24A of the FOI Act an agency may refuse access to a document if all 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 that the document does not exist.
The ACIC has taken comprehensive steps to locate the document, having regard to:
the subject matter of the documents;
the records management systems in place;
the individuals within the ACIC who might have been able to assist with the location of the
documents; and
the age of the documents.
Searches were undertaken of the ACIC’s electronic records (held across multiple databases and
systems) using key search terms. Consultation was also undertaken with relevant members of staff
in relation to the request. No documents could be identified as being within the scope of your
request.
I consider that reasonable steps have been taken to locate the documents that are the subject of
your request. I am satisfied that the documents either cannot be found or do not exist.
Your Review Rights
If you are dissatisfied with this decision you can apply for internal or Information Commissioner
review. You do not have to apply for internal review before seeking Information Commissioner
review.
Internal Review
You may seek internal review by making an application in writing to the ACIC within 30 days of being
notified of this decision. A written application for a review should be sent to the FOI officer at
xxx@xxxx.xxx.xx, or by post to:
FOI Coordinator
Australian Criminal Intelligence Commission
GPO Box 1936
Canberra ACT 2601
Information Commissioner Review
Alternatively, you may apply in writing for review by the Information Commissioner. In making your
application you need to provide:
-an address for notices to be sent (this can be an email address)
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Australian Criminal Intelligence Commission
-a copy of this decision.
It would also help if you set out the reasons for review in your application. Requests for review must
be in writing and can be made via the website (www.oaic.gov.au), by email at
xxxxxxxxx@xxxx.xxx.xx, or by post at:
Office of the Australian Information Commissioner
GPO Box 2999
Canberra ACT 2601
If you are objecting to a decision to refuse access to documents you must apply to the Information
Commissioner within 60 days of being given notice of the decision. You can contact the Information
Commissioner by phone on 1300 363 992.
Right to Complain
You may make a complaint to the Information Commissioner about action taken by the ACIC in
relation to your application. The complaint needs to be in writing and identify the agency against
which the complaint is made.
The Information Commissioner may be contacted on 1300 363 992. There is no particular form
required to make a complaint, but the complaint should set out the grounds on which you consider
the action should be investigated.
Yours sincerely,
Shelby Simadas
FOI Delegate
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Australian Criminal Intelligence Commission
