29 May 2019
Jim Wong
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 19/04/01328
File Number: OBJ2019/25025
Dear Jim Wong,
Freedom of Information (FOI) request - Access Decision
On 23 April 2019, 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 documents:
Through the Migration Regulations 1994, Reg 2.26B, the department delegates
responsibility for determining skill assessments for skilled migration visas to various
assessing authorities.
Assessments for the following occupations are delegated to the Institute of Managers
and Leaders (formerly Australian Institute of Management):
Chief Executive or Managing Director (ANZSCO 111111) Corporate General Manager
(ANZSCO 111211) Sales and Marketing Manager (ANZSCO 131112) Advertising
Manager (ANZSCO 131113) Public Relations Manager (ANZSCO 131114) Human
Resource Manager (ANZSCO 132311) Engineering Manager (ANZSCO 133211)
Supply and Distribution Manager (ANZSCO 133611) Procurement Manager (ANZSCO
133612)
Please provide statistics for the last 3 program years (2015-2016, 2016-2017, 2017-
2018) for the total number of skill assessment applications successful, and the total
number unsuccessful, as processed by the above authority.
The authority performs this duty under the request of the Department of Home Affairs
and therefore this request is made to the Department of Home Affairs.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.homeaffairs.gov.au
2
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
a request to access documents or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
• the terms of your request
• the documents 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)
• advice from Departmental officers with any responsibility for matters relating to the
scope of your request
4
Documents in scope of request
The Department of Home Affairs does not conduct a formal business relationship, or have
in place a formal Memorandum of Understanding (MOU) between it and the Australian
Institute of Management (AIM), in respect of AIM’s status as an assessing authority.
The Department and the AIM are separate and independent organisations. While AIM is
an assessing authority specified by the Minister under various Instruments, for various
skilled occupations, in various skilled visa programs, the Department does not manage or
report on the application processes for AIM.
The guidelines for skilled migration assessing authorities are managed by the Department
of Education and Training. These guidelines are publicly-available on the website for that
agency and can be sourced via the following URL:
https://docs.education.gov.au/documents/guidelines-skilled-migration-assessing-
authorities
The Department therefore does not hold documents that would fall within the scope of this
request.
5
Decision
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 23 April 2019
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.
6
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Series/C2004A02562.
If you are unable to access the legislation through this website, please contact our office
for a copy.
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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 https://www.oaic.gov.au/freedom-of-information/foi-review-process.
8
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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9
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.
Signed electronically
Position number 60081621 Authorised Decision Maker | Freedom of Information Section
FOI and Records Management Branch
Productivity and Compliance Division | Corporate and Enabling Group
Department of Home Affairs
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