Decision
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to FOI
requests.
I have refused your request for documents under s 24A of the FOI Act on the basis that no
such documents exist.
Reasons for decision
Material taken into account
In making my decision, I have had regard to the fol owing:
• your freedom of information request dated 13 April 2018
• your clarification of scope dated 20 April 2018
• the FOI Act
• the Guidelines issued by the Australian Information Commissioner under s 93A of the
FOI Act (the FOI Guidelines), in particular [3.85] — [3.94], and
• searches conducted by the Assistant Director of Strategic Communications and
Coordination.
Documents cannot be found or do not exist (s 24A)
I have refused your request for documents under s 24A of the FOI Act on the basis that no
documents exist.
Section 24A provides as follows:
Requests may be refused if documents cannot be found, do not exist or have not
been received
Documents lost or non-existent
(1) An agency or Minister may refuse a request for access to a document if:
(a) al 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
…
Searches undertaken
In order to identify documents within the scope of your request, I consulted the OAIC’s
Assistant Director of Strategic Communications and Coordination (Assistant Director SCaC),
www.oaic.gov.au |
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who managed the OAIC’s information and communication systems, and case management
systems.
The Assistant Director SCaC conducted searches through the case management system
‘Resolve’ used by the OAIC to record privacy complaints, using the search term ‘wifi’ and ‘wi-
fi’. No privacy complaints relating to Wi-Fi or were found.
Resolve is the only location where complaints, and all documents relating to complaints, are
recorded and stored. As such, the searches conducted within Resolve would have identified
any documents relevant to your FOI request, if such documents were in the possession of the
OAIC.
As such, there are no documents identified as being within the scope of your request.
Conclusion
For the reasons given above I am satisfied that al reasonable steps have been taken to find
documents within the scope of your request and that no such documents exist.
Yours sincerely
Shelley Napper
Review and Investigation Officer
Dispute Resolution Branch
1 May 2018
www.oaic.gov.au |
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If you disagree with my decision
Internal review
You have the right to apply for an internal review of my decision under Part VI of the FOI Act.
An internal review wil be conducted, to the extent possible, by an officer of the OAIC who
was not involved in or consulted in the making of my decision. If you wish to apply for an
internal review, you must do so in writing within 30 days. There is no application fee for
internal review.
If you wish to apply for an internal review, please mark your application for the attention of
the FOI Coordinator and state the grounds on which you consider that my decision should be
reviewed.
Further Review
You have the right to seek review of this decision by the Information Commissioner and the
Administrative Appeals Tribunal (AAT).
You may apply to the Information Commissioner for a review of my decision (IC review). If you
wish to apply for IC review, you must do so in writing within 60 days. Your application must
provide an address (which can be an email address or fax number) that we can send notices
to, and include a copy of this letter. A request for IC review can be made in relation to my
decision, or an internal review decision.
It is the Information Commissioner’s view that it will usually not be in the interests of the
administration of the FOI Act to conduct an IC review of a decision, made by the agency that
the Information Commissioner heads: the OAIC. For this reason, if you make an application
for IC review of my decision, it is likely that the Information Commissioner wil decide (under
s 54W(b) of the FOI Act) not to undertake an IC review on the basis that it is desirable that my
decision be considered by the AAT.
Section 57A of the FOI Act provides that, before you can apply to the AAT for review of an FOI
decision, you must first have applied for IC review.
Applications for internal review or IC review can be submitted to:
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Alternatively, you may submit your application by email to xxx@xxxx.xxx.xx, or by fax on
02 9284 9666.
www.oaic.gov.au |
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Accessing your information
If you would like access to the information that we hold about you, please
contact xxxxx@xxxx.xxx.xx. More information is available on the
Access our information1
page on our website.
1
See https://www.oaic.gov.au/about-us/access-our-information/.
www.oaic.gov.au |
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