Australian Government
Department of Immigration and Citizenship
19 September 2013
Mr Lawrence Bull
Email: xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request
FA 13/08/00262-R1
File Number
ADF2013/25006
Dear Mr Bull
Freedom of Information request – Decision on access request
This letter refers to your request received on 2 August 2013 seeking access under the Freedom of
Information Act 1982 (the FOI Act) to the following documents:
Attachment to Serco Incident Report 1-9JC23X
Decision
I am authorised under Section 23 of the
Freedom of Information Act 1982 (the FOI Act) to make a
decision on your FOI request for internal review of a decision made by Amy Thompson on 23 August
2013. In reaching my decision, I have considered the following:
• The
Freedom of Information Act 1982;
• Departmental documents; and
• The Freedom of Information Guidelines issued by OAIC.
I note that you have requested an internal review of the primary decision as it did not include the
attachment to the Serco Incident report 1-9JC23X. I confirmed with the business area that the attachment
fell within the scope of the primary request. I have varied the primary decision to include the attachment
for release.
My decision is to release, in part, the attachment to the Serco Incident report 1-9JC23X. Further
information regarding my decision is contained in the Decision Record accompanying this document.
Review Rights
Review by the Office of the Australian Information Commissioner
You may apply directly to the Australian Information Commissioner for a review of my decision. The
OAIC has advised that ‘…going through the agency’s internal review process gives the agency the
opportunity to reconsider its initial decision, and your needs may be met more quickly without
undergoing an external review process’. For more information please see FOI fact sheet 12 ‘Freedom
of information – Your review rights’, available online at www.oaic.gov.au.
If you wish to apply for review directly to the OAIC you must apply in writing within 60 days of this
notice. You can lodge your application in one of the following ways:
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone (02) 6264 1111 • Facsimile (02) 6225 6970 • Website: www.immi.gov.au
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Post
GPO Box 2999
CANBERRA ACT 2601
or
GPO Box 5218
SYDNEY NSW 2001
Online
www.oaic.gov.au
Email
xxxxxxxxx@xxxx.xxx.xx
Fax
+61 2 9284 9666
In person
4 National Circuit FORREST ACT
or
Level 3, 175 Pitt Street SYDNEY NSW
An application form is available on the OAIC’s website at www.oaic.gov.au. Your application should
include a copy of the notice of the decision to which you are seeking review of, and your contact
details. You should also set out why you are seeking a review of the decision.
How to make a complaint about the handling of your FOI request
You may complain to the Australian Information Commissioner if you have concerns about how the
department has handled your request under the FOI Act.
Your complaint must be in writing and must specify the agency you are complaining about. You can
send your complaint to the Australian Information Commissioner using the details above. A complaint
form is also available at www.oaic.gov.au.
If you are unhappy with the department’s decision about giving or refusing access to documents, you
should ask for the decision to be reviewed, which is a separate process which has been outlined in the
previous section.
Contacting the FOI section
If you wish to discuss this matter, I can be contacted using the details provided below.
Client service information Information about our Client Service Charter and how to make a compliment, complaint or suggestion,
is included in the Client Service Information attachment.
Contacting the department You can contact us with a general enquiry in a number of ways including by email, through our
website, by telephone through our Service Centres or offices around the world, or in person. In
Australia you can call 13 18 81 between 8.30 am and 4.30 pm Monday to Friday. Details on
contacting our offices outside Australia are available on our website at www.immi.gov.au.
Yours sincerely
Mel Heggart
FOI & Privacy Policy
Department of Immigration and Citizenship
Telephone
02 62643131
Email
xxx@xxxx.xxx.xx
Attachments: Client Service Information, Decision Record, Schedule of Documents for release and
Attachment to Serco Incident Report 1-9JC23X – 2 folios
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CLIENT SERVICE INFORMATION
Client Service Charter
Our Client Service Charter explains our service commitment to you. We are committed to service
delivery that is timely, open and accountable, and responsive to your needs. The Charter explains how
you can help us and how you can provide feedback or make a complaint. You can read our Client
Service Charter on our website, or in a printed copy available from any of our offices.
Service satisfaction The department remains committed to ensuring that all clients, both in Australia and overseas, receive
not only fair and reasonable treatment, but also an efficient standard of service that is sensitive to each
client’s needs.
To provide a compliment, complaint or suggestion you can:
telephone the Global Feedback Unit on 13 31 77 during business hours
complete a feedback form online at www.immi.gov.au
write to:
The Manager
Global Feedback Unit
GPO Box 241
Melbourne VIC 3001
Australia
contact us directly through any of our offices.
Australian Government
Department of Immigration and Citizenship
DECISION RECORD
Client Details FOI Request
FA 13/08/00262-R1
File Number
ADF2013/25006
Background to this request:
In your request for review you stated the following:
‘I would like the Department to treat my email as a request for an internal review.’
On the basis of your request, I have varied the decision to include the Attachment to Serco Incident
Report 1-9JC23X. This was not released as part of the primary decision.
Scope of your request:
‘Attachment to Serco Incident Report 1-9JC23X’
Documents in scope
1. Attachment to Serco Incident Report 1-9JC23X – 2 folios
Information considered
I am a delegated decision maker under Section 23 of the
Freedom of Information Act 1982 (the FOI
Act) to make a decision on your FOI request for internal review of a decision made by Amy
Thompson on 23 August 2013. In reaching my decision, I have considered the following:
• The
Freedom of Information Act 1982;
• Departmental files and/or documents (identified above);
• FOI Guidelines published by the Office of the Information Commissioner;
Reasons for decision
This letter is to advise you that I have made a formal decision to vary the primary decision of 23
August 2013 to include the Attachment to Serco Incident Report 1-9JC23X. My decision is to release,
in part, the attachment to the Serco Incident report 1-9JC23X. My reasons for varying the decision are
outlined below:
FREEDOM OF INFORMATION ACT 1982
SECT 47F(1)
Public interest conditional exemptions—personal privacy
(1) A document is conditionally exempt if its disclosure under this Act would involve the unreasonable
disclosure of personal information about any person (including a deceased person).
Note: Access must generally be given to a conditionally exempt document unless it would be contrary
to the public interest (see section 11A).
The use of exemptions under s47F(1) is to remove personal information of detainees. I do not believe
it is reasonable to assume that those third parties would consent to their personal information being
released to you. In assessing disclosure of personal information, I have considered the public interest
in releasing this information.
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone 02 6264 1111 • Facsimile 02 6225 6970 • Website: www.immi.gov.au
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Arguments in favour of disclosure of information include:
• a person having a general right of access to any material about them held by the government;
• applicants exercising rights under FOI; and
• accountability of departmental procedures.
Arguments against disclosure include:
• it is a core Government concern to maintain the integrity of the information it holds and in the
maintaining of an individual’s privacy. The department is obliged to take action to prevent the
unreasonable disclosure of an individual’s personal information; and
• that to release the documents would involve unreasonable disclosure of an individual’s
personal information.
The information exempted within the Attachment to Serco Incident Report 1-9JC23X wholly relates to
the personal information of detainees. The public interest in maintaining an individuals’ right to
privacy of their personal information held by the department outweighs any public interest in
disclosure of this information. Furthermore, the release of such information does not benefit your
request in my opinion. Names and personal information of individuals, whilst within scope, does not
provide additional context to the information that has been released.
In conducting my review, I looked at the redactions applied to the Attachment to Serco Incident
Report 1-9JC23X only. I would only consider releasing additional information if I believe redactions
applied in the primary decision cannot be justified. I believe that redactions applied under s47F(1) are
appropriate in this instance.
Based on your request for review, I am satisfied that the redactions applied in the primary Attachment
to Serco Incident Report 1-9JC23X should stand and I will not be releasing any additional
information.
Australian Government
Department of Immigration and Citizenship
SCHEDULE OF DOCUMENTS TO DECISION RECORD
FOI Request
FA13/08/00262R1
File Number
ADF2013/25006
1. Document:
Pages Description
Primary
Legislation Review
Legislation
Decision
Decision
2
Attachment to Serco Incident
Not released
Release with 47F(1)
Report 1-9JC23X
exemption
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.immi.gov.au
Post Incident Review
Post Incident Review (Minor) Disturbance Minor
23.10.2011
This incident occurred on Sunday the 23rd of October.
Detainee's made a sign causing (minor) disturbance.
Client Background:
s. 47F(1)
Details of Incident:
Today being the 24th of October 2011 @ approximately 0830hrs
A/CSM K Friedinger was informed by CSW A.Pursche that there was a
sign put up in Queensland s. 47F(1)
with the words "This is a
place burry a young age". A/CSM K Friedinger attended s. 47F(1)
Queensland with the assistance of the onsite interpreter and spoke to
all residents. s. 47F(1)
s. 47F(1)
Conduct of Staff
• Staff handled the situation in a professional and appropriate
manner.
• DIAC and SMT notified in the required allotted time frame.
• Incident was reported and placed on Portal.
• Interrupter was used to assist with translation.
Concerns/Issue for further Investigation
• There is a concern of the state of cleanliness of this s. 47F(1)
staff will need to monitor this regularly.
Recommendations
Serco and LWB staff to be extra vigilant and monitor and report any
suspicious behavior. This also includes staff keeping up cleanliness
checks.
Bryan Dyck
Client Service Manager
Pairh Residential Housing
4.11.2011
