12 September 2017
In reply please quote
FOI Request FA 17/08/00349
File Number ADF2017/84968
Mr James Smith
Sent by email to: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith,
Freedom of Information request
This letter refers to your request received on 8 August 2017 seeking access under the
Freedom of
Information Act 1982 (the Act) to the following documents:
I request documents related to the ten most recent instances where an employee has sought
information, advice, guidance, or opinion on their social media use in a private capacity.
I limit the scope of documents to:
- the original request from the employee
- the agency/department's response
- any follow-up questions and response
- only those sent to a relevant HR / conduct / social media (or similar) team (rather than
managers across all areas of the organisation)
- where the original request was created in the last 2 years
This letter is to provide you with the decision, which is set out in the attached Decision Record –
Attachment A.
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.
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.border.gov.au
- 2 -
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)
H Simons
FOI Officer
Department of Immigration and Border Protection
Email: xxx@xxxxxx.xxx.xx
Attachment(s)
Attachment A – Decision Record
Attachment B – Schedule of documents
Attachment C – Documents Released
Attachment A
DECISION RECORD
Request Details FOI Request FA 17/08/00349
File Number ADF2017/84968
Original scope of request
1. On 8 August 2017 you requested:
I request documents related to the ten most recent instances where an employee has
sought information, advice, guidance, or opinion on their social media use in a private
capacity.
I limit the scope of documents to:
- the original request from the employee
- the agency/department's response
- any follow-up questions and response
- only those sent to a relevant HR / conduct / social media (or similar) team (rather than
managers across all areas of the organisation)
- where the original request was created in the last 2 years
Documents in scope
2. I have identified two documents relevant to your request. These documents are detailed at
Attachment B - Schedule of Documents.
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.
Information considered
4. In reaching my decision, I have considered the following:
• The
Freedom of Information Act 1982;
• The documents as listed in the Schedule of Documents;
• Consultations with relevant business areas; and
• The Australian Information Commissioner’s guidelines relating to access to documents
held by government;
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.border.gov.au
- 2 -
Decision
5. Section 22(2) of the FOI Act provides that, where an agency reaches the view that a document
contains exempt information or material that is irrelevant to the request and it is possible for the
agency to prepare an edited copy of the document with the irrelevant or exempt material
deleted, then the agency must prepare such a copy.
6. This edited copy must be provided to the applicant. Further, the decision maker must advise the
applicant in writing that the edited copy of the document has been prepared and of the
reason(s) for each of the deletions in the document (s.22(3) of the FOI Act).
7. Exempt material is deleted pursuant to s.22(1)(a)(i) and irrelevant material is deleted pursuant
to s.22(1)(a)(ii) of the FOI Act.
8. Two documents, encompassing six pages, relevant to your request, have been located and are
released to you with irrelevant material deleted under s.22(1)(a)(ii) of the FOI Act.
9. Following on from the email at page 1 of the documents released, dated 18 July 2017
1:53:00PM, the business area has advised that they provided verbal advice to the employee in
this instance.
Deletion of irrelevant material under s.22(1)(a)(ii) of the FOI Act
10. I find that the documents relevant to your request contain material which is irrelevant to your
FOI request. I have withheld or deleted that material accordingly. These deletions are detailed
in the documents released.
11. The material deleted under s.22(1)(a)(ii) comprises the air date of the Border Security episode,
as well as the names and contact details for non-Senior Executive Service Departmental staff.
The intention to treat this information as irrelevant was advised to you in the Department’s
acknowledgment letter sent to you on 9 August 2017. You did not raise any objections to this
approach.
(signed electronically)
H Simons
Authorised decision maker
Department of Immigration and Border Protection
Email: xxx@xxxxxx.xxx.xx
12 September 2017
