23 June 2017
In reply please quote:
FOI Request FA 17/05/01168
File Number ADF2017/54377
Mr James SMITH
Sent via email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Freedom of Information request
Dear Mr Smith,
This letter refers to an access request received under the
Freedom of Information Act 1982 (the Act) on 20 May 2017. You requested access to the following information:
The scope of this request is limited to documents connected to decisions made in
relation to enterprise bargaining ballots undertaken since 1 January 2014.
I request all documents which:
1. Justify to the relevant decision maker the use of all, or particular, characteristics of
the voting employees, including, but not limited to employee location, APS level,
business area, gender, full-time/part-time, casual, etc.
2. Explain any benefits to you, as employer, in obtaining breakdowns of any of the
characteristics.
3. Justify the reasons for using the particular voter characteristics used in ballots.
4. Are put to, or created by, the departmental Executive, or the SES responsible for
bargaining, and make any reference to any breakdowns of particular voter
characteristics, for any purpose.
5. Give notice to employees prior to the ballots to explain what information was to be
used in the ballot process.
I exclude from the scope of this request any documents that have already been
released through FOI.
This letter is to provide you with the decision which is at
Attachment A – Decision Record.
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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FOI Legislation
A copy of the FOI Act is available for your reference from:
www.legislation.gov.au/Browse/ByTitle/Acts/InForce/0/0/Principal
Review rights Internal review
If you disagree with the decision, you have the right to apply for an internal review of the
decision. If you wish to make a request for internal review this must be sent within 30 days of
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.xxxxxxx@xxxxxx.xxx.xx
Review by the Office of the Australian Information Commissioner
You may apply directly to the Australian Information Commissioner for a review of the
decision. You must apply in writing within 60 days of this notice. For further information about
review rights under the FOI Act 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 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. Information about how to
submit a complaint is also available at www.oaic.gov.au .
Contacting the FOI section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
(signed electronically)
Helen Simons
FOI Officer
Freedom of Information, Privacy & Records Management Branch
Department of Immigration and Border Protection
Email: xxx@xxxxxx.xxx.xx
Attachment(s)
Attachment A – Decision Record
Attachment A
DECISION RECORD
Request Details
FOI Request FA 17/05/01168
File Number ADF2017/54377
Original scope of request
1. On 20 May 2017 you requested:
The scope of this request is limited to documents connected to decisions made in
relation to enterprise bargaining ballots undertaken since 1 January 2014.
I request all documents which:
1. Justify to the relevant decision maker the use of all, or particular, characteristics of
the voting employees, including, but not limited to employee location, APS level,
business area, gender, full-time/part-time, casual, etc.
2. Explain any benefits to you, as employer, in obtaining breakdowns of any of the
characteristics.
3. Justify the reasons for using the particular voter characteristics used in ballots.
4. Are put to, or created by, the departmental Executive, or the SES responsible for
bargaining, and make any reference to any breakdowns of particular voter
characteristics, for any purpose.
5. Give notice to employees prior to the ballots to explain what information was to be
used in the ballot process.
I exclude from the scope of this request any documents that have already been
released through FOI.
Documents in scope
2. The relevant business area in the Department has advised that the Department does not
hold this information in any documents or systems.
Authority to make decision
3. 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.
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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Information considered
4. In reaching my decision, I have considered the following:
• The
Freedom of Information Act 1982;
• Consultations with relevant business areas; and
• The Australian Information Commissioner’s guidelines relating to access to
documents held by government.
Decision
5. The Department has undertaken extensive searches of its holdings to identify any
documents that would be relevant to your request. After consulting with the relevant
business area I am satisfied that no documents (electronic or hard copy) have been
identified that fall within the scope of your request. Therefore, as no documents exist,
access to the requested documents is refused under s.24A(1) of the FOI Act.
Helen Simons
Authorised decision maker
Department of Immigration and Border Protection
Email: xxx@xxxxxx.xxx.xx
23 June 2017
