Dr Caroline Noller
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Dr Noller
Freedom of Information – Access Decision Letter – Request No. 180404
I refer to your request of 9 April 2018 to the Department of the Environment and Energy
(the
Department), in which you have sought access under the
Freedom of Information Act 1982
(Cth) (the
FOI Act) to:
2015, 2016 and 2017 visitor entry numbers to the Kosciusko National Park, specifically,
information on gate entries at the Thredbo and Perisher gates month by month.
Authority
I am authorised by the Secretary of the Department under section 23 of the FOI Act to make a
decision in relation to your request.
Background
On 10 April 2018, the Department’s FOI contact officer attempted to contact you by email to
advise that the Kosciusko National Park is managed by the NSW Parks and Wildlife Service,
and therefore the Department is unlikely to hold the documents that you seek. The Department
received no response from you in relation to this correspondence.
Decision
I have decided to refuse your request under section 24A of the FOI Act.
Information regarding your review rights is at
ATTACHMENT A.
Material considered in making decision
In making my decision I have considered:
your FOI request;
the FOI Act; and
the
Guidelines issued by the Australian Information Commissioner under s93A of the
Freedom of Information Act 1982 (the
FOI Guidelines).
Reasons for decision (Statement of reasons pursuant to section 26 of the FOI Act)
Section 24A – Requests may be refused if documents cannot be found or do not exist
GPO Box 787 Canberra ACT 2601 Telephone 02 6274 2220 Facsimile 02 6274 2349
www.parksaustralia.gov.au
Section 24A(1) of the FOI Act provides that a request for access may be refused if all
reasonable steps have been taken to find the document, and the agency is satisfied that either
the document does not exist, or the document is in the agency’s possession but cannot be
found.
I note that Kosciusko National Park is managed by the NSW National Parks and Wildlife Service
and that the Department does not have responsibility for maintaining records of the visitor entry
numbers into Kosciusko National Park. Despite conducting searches, no documents were found
to fall within the scope of your request. I am satisfied that all reasonable steps have been taken
to find the documents, however the documents either do not exist, or cannot be found.
Accordingly, I have decided to refuse your request for access in accordance with section 24A(1)
of the FOI Act.
Further assistance
The FOI Contact Officer in the Department can be contacted by telephone on 02 6274 2098 or
by email
at xxx@xxxxxxxxxxx.xxx.xx for any assistance with your request.
Yours sincerely
Judy West
A/g Director of National Parks
24 April 2018
Attachment A
YOUR REVIEW RIGHTS
Internal review
If you wish to seek an internal review, you must apply to the Department within 30 days after the
day you are notified of this decision.
An application for internal review of the decision made must be made in writing. No particular
form is required but it is helpful if you set out in the application the grounds on which you
consider that the decision should be reviewed. Your application for an internal review should be
sent to one of the following addresses:
Post:
FOI Contact Officer
General Counsel Branch
Department of the Environment and Energy
GPO Box 787
Canberra ACT 2601
Email:
xxx@xxxxxxxxxxx.xxx.xx
Review by the Information Commissioner
You may request a review of this decision by the Information Commissioner.
If you request an internal review and are unhappy with the result you may also apply for an
Information Commissioner review.
If you wish to request a review by the Information Commissioner you must apply to the
Information Commissioner within 60 days after the day on which notice of this decision (or an
internal review decision) was given to you.
Further details on how to request an Information Commissioner review can be obtained from the
Office of the Australian Information Commissioner:
Online: https://www.oaic.gov.au/freedom-of-information/foi-review-process
Post:
GPO Box 5218, Sydney NSW 2001
Fax:
02 9284 9666
Phone: 1300 363 992
Email: xxxxxxxxx@xxxx.xxx.xx
