15 August 2018
Jay Doe BY EMAIL: firstname.lastname@example.org
In reply please quote:
Dear J Doe
Freedom of Information (FOI) request - Access Decision
On 13 July 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
Scope of request
You have requested access to the following documents:
a list of boats affected by DBD16 v Minister for Immigration and Anor 
a list of Boat ID's affected by the abovementioned case
if you cannot provide a list of Boat ID's, then please provide the number of
people on each affected boat and the alphabetic part of the boat ID that would
have been designated to passengers on that boat. For example, if there was
an affected boat called Astra and the people on that boat had a boat ID of
ASTXXX, the alphabetic part is AST and
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 documents or to amend or annotate records.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.homeaffairs.gov.au
In reaching my decision I referred to the following:
• the terms of your request;
• the FOI Act;
• Guidelines published by the Office of the Information Commissioner under section 93A
of the FOI Act (the FOI Guidelines); and
• advice provided by relevant business areas within the Department.
Documents in scope of request
The Department has undertaken reasonable searches in relation to the documents you
have requested access to.
No discrete document exists that contains “a list of boats affected by DBD16 v Minister for
Immigration and Anor
 FCCA 1801”, or a list of boat ID’s that may be affected by this
The Department has also considered whether, under section 17 of the FOI Act, it could
produce a written document containing the information in discrete form by the use of a
computer that is ordinarily available to it for retrieving or collating electronic data stored.
Having considered the advice received from a number of relevant business areas, I am
satisfied that it would not be possible for the Department to produce a document under
section 17 of the FOI Act that would meet the scope of your request.
Having regard to your request, and the types of documents that may fall within the scope
of your request, I am satisfied that all reasonable steps have been taken to locate any
document relevant to 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.
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 July 2018
when your FOI request was received. As such I am refusing access to the documents
requested by you based on the application of section 24A of the FOI Act.
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.
Your Review Rights
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.
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Applications for review should be sent to:
By email to: email@example.com
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
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)
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.
Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section
Authorised Decision Maker
Department of Home Affairs
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