If not delivered return to PO Box 7820 Canberra BC ACT 2610
7 March 2017
Our reference: LEX 25344
Mr Thomas Randle
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Randle
Decision on your Freedom of Information request
I refer to your request dated 17 January 2017 and received by the Department of Human
Services (the
department) on the same date, for access under the
Freedom of Information
Act 1982 (the
FOI Act) to the following:
'I request under the Freedom of Information Act (1982) copies of the following
documents:
All minute documents of the Department of Human Services since January 2016
where:
a.) the Minister or a minister responsible for the department has authorised a decision
to approve some action by the department (typically a "For decision" minute); and,
b.) where the purpose of the minute decision is related to some or all aspects of the
Online Compliance Interventions program; and,
c.) exclude from the scope of this request any email correspondence, and the names
and contact information for any public service staff or advisors may be removed from
any document within the above scope without further consultation.'
Third party consultation
On 16 February 2017 the department advised you that we were required to consult with a
third party organisation under section 27 of the FOI Act. This was based on the documents
initially retrieved as relevant to the subject matter of your request. During the further
processing and review of the documents retrieved, it was determined that there are no
documents that match the exact scope of your request.
Deemed Refusal
As the department was not required to consult with a third party, a decision on this
request was due to be notified to you on 16 February 2017. Under section 15AC(3) of the
FOI Act, because decision notification did not occur, the decision is taken to be a deemed
refusal. Despite this, we have continued to process your request and my decision is below.
PAGE 1 OF 6
My decision
I have decided to refuse your request for access under section 24A of the FOI Act on the
basis that all reasonable steps have been taken to locate the documents you have requested
and I am satisfied that they do not exist. Please see
Attachment A for the reasons behind
my decision.
You can ask for a review of our decision
If you disagree with any part of the decision you can ask for a review. You can ask for an
external review by the Office of the Australian Information Commissioner. You do not have to
pay for reviews of decisions. See
Attachment B for more information about how arrange a
review.
Further assistance
If you have any questions please ema
il xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
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Department of Human Services
Attachment A
REASONS FOR DECISION
What you requested
• 'I request under the Freedom of Information Act (1982) copies of the following
documents:
All minute documents of the Department of Human Services since January 2016
where:
a.) the Minister or a minister responsible for the department has authorised a decision
to approve some action by the department (typically a "For decision" minute); and,
b.) where the purpose of the minute decision is related to some or all aspects of the
Online Compliance Interventions program; and,
c.) exclude from the scope of this request any email correspondence, and the names
and contact information for any public service staff or advisors may be removed from
any document within the above scope without further consultation.'
What I took into account
In reaching my decision I took into account:
• your original request dated 17 January 2017;
• documents that may have fallen within the scope of your request;
• consultations with departmental officers about:
o the nature of the documents;
o the department's operating environment and functions;
• guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (the
Guidelines);
• the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act
Section 24A of the FOI Act provides that:
(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.
The department’s Ministerial Coordination and Parliamentary Branch (MCPB) conducted
searches of the department's database that records correspondence between the
department and the Minister’s office. That branch retrieved briefing documents that referred
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Department of Human Services
to the Online Compliance Intervention and that were originally considered to be within the
scope of the request because of their titles.
Based on the documents originally retrieved by MCPB, we identified that third party
consultation was required. On 16 February 2017 we advised you that we were required to
consult with a third party organisation under section 27 of the FOI Act.
Subsequently the documents identified by MCPB were reviewed by the department’s
Customer Compliance Division who own the documents and are the subject matter experts.
During that review it was determined that the documents identified by MCPB do not meet
the description of ‘for decision’ minutes identified in your request. On that basis there are no
documents that fall within the scope of your request.
On the basis of the department’s searches, I am satisfied that in accordance with section
24A of the FOI Act:
1. all reasonable steps have been taken to find the documents; and
2. the documents do not exist.
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Department of Human Services
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a Freedom of Information decision
Before you ask for a formal review of an FOI decision, you can contact us to discuss your
request. We will explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of a Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (FOI Act)
gives you the right to apply for a review of the decision. Under the FOI Act, you can apply for
a review of an FOI decision by:
1. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the department within 30
days of applying, you can ask the Australian Information Commissioner for a review of the
original FOI decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
• If you are applying online, the application form the 'Merits Review Form' is available at
www.oaic.gov.au.
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• If you have one, you should include with your application a copy of the Department of
Human Services' decision on your FOI request
• Include your contact details
• Set out your reasons for objecting to the department's decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the Information Commissioner concerning action taken by an agency in
the exercise of powers or the performance of functions under the FOI Act, There is no fee for
making a complaint. A complaint to the Information Commissioner must be made in writing.
The Information Commissioner's contact details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au Commonwealth Ombudsman
You may also complain to the Ombudsman concerning action taken by an agency in the
exercise of powers or the performance of functions under the FOI Act. There is no fee for
making a complaint. A complaint to the Ombudsman may be made in person, by telephone
or in writing. The Ombudsman's contact details are:
Phone: 1300 362 072
Website:
www.ombudsman.gov.au
The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.
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Department of Human Services
Document Outline
