
10 April 2018
Mr K Palmer
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 18/01/00495
File Number:
ADF2018/7189
Dear Mr Palmer
Freedom of Information (FOI) request - Access Decision
On 13 January 2018, the Department of Home Affairs (the Department) received a request for
access to documents under the
Freedom of Information Act 1982 (the FOI Act).
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
1
Scope of request
You have requested access to the following:
(a) Any documents (reports, minutes of meetings, emails, notes and the like) that
include information on the new restriction limiting visits at the MITA detention centre
in Broadmeadows, Victoria, to (in general) one detainee per visitor. (The new
regulation is said to apply as of February 2018; the current limit is five.)
(b) In particular, I am seeking documents that shed light on the rationale behind the
change, and on the planning of its implementation.
2
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access document or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
• the terms of your request
• the document relevant to the request
• the FOI Act
• Guidelines published by the Office of the Information Commissioner under section 93A
of the FOI Act (the FOI Guidelines)
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.homeaffairs.gov.au

• advice from Departmental officers with responsibility for matters relating to the
document to which you sought access
• the Department’s guidance material on the FOI Act
4
Document in scope of request
The Department has identified one document as falling within the scope of your request.
This document was in the possession of the Department on 13 January 2018 when your
request was received.
Searches
The Department has undertaken reasonable searches in relation to the documents you
have requested access to.
Having regard to your request and the types of document that may fall within the scope of
your request I am satisfied that the searches conducted were extremely thorough and all
reasonable steps have been taken to locate any document relevant to your request.
5
Decision
In relation to part (a) of your request:
• Release one document in full
In relation to part (b) of your request
• No documents exist therefore I am refusing access to this part of your
request;
6
Reasons for decision
The reasons for my decision are outlined below:
In relation to part (a) of your request:
Whilst the Detention Visitors Fact Sheet addresses some aspects of part (a) of your
request, I wish to provide clarification in relation to ‘
information on the new restriction
limiting visits at the MITA detention centre in Broadmeadows, Victoria’. This
Departmental document is a national policy which applies to all detention facilities.
The Melbourne Immigration Transit Accommodation (MITA) facility does not have a
separate visitor policy to that of the attached.
In relation to part (b) of your request:
Section 24A of the FOI Act provides that the Department may refuse a request for
access to a document if all reasonable steps have been taken to find the document
and the Department is satisfied that the document does not exist.
Having considered the searches outlined above, I am satisfied that the Department
has undertaken reasonable searches in relation to your request and that no documents
were in the possession of the Department on 13 January 2018 when your FOI
request was received. As such I am refusing access to the documents requested by
you at part (b) of your request based on the application of section 24A of the FOI Act.
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The legal framework in which the Department, the Australian Border Force (ABF) and the
Facilities and Detainee Service Provider (FDSP) regulates the entry of visitors into
Immigration Detention Facilities, and sets conditions on that entry, is found in both statute
and common law principles.
7
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Details/C2017C00251.
If you are unable to access the legislation through this website, please contact our office
for a copy.
8
Your Review Rights
Internal Review
If you disagree with this decision, you have the right to apply for an internal review by the
Department of this decision. Any request for internal review must be provided to the
Department within 30 days of you being notified of the decision. Where possible please
attach reasons why you believe a 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:
By email to: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
OR
By mail to:
Freedom of Information Section
Department of Home Affairs
PO Box 25
BELCONNEN ACT 2617
Review by the Office of the Australian Information Commissioner
You may apply directly to the Office of the Australian Information Commissioner (OAIC) for
a review of this decision. You must apply in writing within 60 days of this notice. For further
information about review rights and how to submit a request for a review to the OAIC,
please see Fact Sheet 12 "Freedom of information – Your review rights", available online
at http://www.oaic.gov.au/freedom-of-information/foi-reviews.
9
Making a Complaint
You may complain to the Australian Information Commissioner about action taken by the
Department in relation to your request.
Your enquiries to the Australian Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Australian Information
Commissioner. The request should be in writing and should set out the grounds on which
it is considered that the action taken in relation to the request should be investigated and
identify the Department of Home Affairs as the relevant agency.
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10
Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section
at xxx@xxxxxxxxxxx.xxx.xx.
Authorised Decision Maker
PN:60001861
Department of Home Affairs
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