1 November 2018
Ms A Simpson BY EMAIL: [FOI #4799 email]
In reply please quote:
Dear Ms Simpson
Freedom of Information (FOI) request - Access Decision
On 11 September 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:
On 11 September 2018, the Minister for Home Affairs sat in Parliament with two
folders, one marked "Tony Burke" and the other marked "Chris Bowen." Please
provide the contents of the two folders and any emails related to the compilation of
the two folders.
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.
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)
• advice from Departmental officers with responsibility for matters relating to the
documents to which you sought access
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.homeaffairs.gov.au
Documents in scope of request
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 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 4 of the FOI Act provides that an official document of a Minister or official document
of the Minister means:
A document that is in the possession of a Minister, or that is in the possession of
the Minister concerned, as the case requires, in his or her capacity as a Minister,
being a document that relates to the affairs of an agency or of a Department of
State … “
Any documents in the possession of a Minister or the Minister that do not relate to
ministerial responsibilities are outside the scope of the FOI Act.
The Ministerial Services Section of the Department has searched the Department’s
records, and has confirmed that the Department did not provide any documents to the
Minister for Home Affairs for the specific purposes of inclusion in two folders, one marked
" and the other marked "Chris Bowen
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 existed on 11 September 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 address]
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.
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 [email address]
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 at [DIBP request email].
Authorised Decision Maker
Department of Home Affairs
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