If not delivered return to PO Box 7820 Canberra BC ACT 2610
8 September 2017
Our reference: LEX 31258
Mr Jackson Gothe-Snape
By email only:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Gothe-Snape
Decision on your Freedom of Information request
I refer to your revised request, dated 16 August 2017 and received by the Department of
Human Services (the
department) on the same day, for access under the
Freedom of
Information Act 1982 (the
FOI Act) to the following documents:
‘Please provide the budgets, menus, expenses, invoices, receipts, credit card
statements and reimbursements for the last event attended by the Minister either in a
personal or professional capacity in December 2016.’
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. There are two ways
you can do this. You can ask for an internal review from within the department, or 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 email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Bruce
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
PAGE 1 OF 5
Attachment A
REASONS FOR DECISION
Your request
On 9 August 2017, the department received your original FOI request for the following
documents:
‘Can you please provide the budgets, menus, expenses, invoices, receipts, credit
card statements and reimbursements for the most expensive event attended by a
Minister or Assistant Minister in your Department's portfolio area in 2016-17.’
On 16 August 2017, I wrote to you providing a notice of intention to refuse your request
under section 24AB(2) of the FOI Act as I could not identify the documents you were seeking
access to. I gave you an opportunity to consult with the department to revise your request so
as to remove the practical refusal reason.
On 16 August 2017, the department received your revised request for the following
documents:
‘Please provide the budgets, menus, expenses, invoices, receipts, credit card
statements and reimbursements for the last event attended by the Minister either in a
personal or professional capacity in December 2016.’
What I took into account
In reaching my decision I took into account:
your revised request dated 16 August 2017;
consultations with departmental officers about:
o the nature of the documents that you requested;
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.
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Department of Human Services
The Ministerial Coordination and Parliamentary Services Branch and the Financial Systems
Branch of the Chief Financial Officer Division, conducted searches of the department's
electronic records and financial database system. These branches did not identify any
documents matching the description in your request.
On the basis of these 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.
Please note that the Department of Finance regularly published reports on Parliamentarian’s
Expenditures. For example, you can access the Minister Tudge’s expenditure reporting for
the period of 1 July 2016 – 31 December 2016 here:
http://www.finance.gov.au/sites/default/files/P39_TUDGE_Alan.pdf.
Future reports will be published by the Independent Parliamentary Expenses Authority
(
IPEA). The IPEA is the Commonwealth statutory authority, established on 1 July 2017, with
responsibility for reporting and auditing parliamentary travel and work expenses.
PAGE 3 OF 5
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 a 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 an 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 sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by:
1. an Internal Review Officer in the Department of Human Services (the department);
and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will consider
all aspects of the original decision and decide whether it should change. An application for
internal review must be:
made in writing
made within 30 days of receiving this letter
sent to the address at the top of the first page of this letter.
Note 2: You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
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.
PAGE 4 OF 5
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.
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 Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner
You may complain to the Australian 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 Australian Information
Commissioner must be made in writing. The Australian Information Commissioner's contact
details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au Commonwealth Ombudsman
You may also complain to the Commonwealth 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 Commonwealth Ombudsman may be
made in person, by telephone or in writing. The Commonwealth 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.
PAGE 5 OF 5
Department of Human Services
