PO Box 7820 Canberra BC ACT 2610
20 February 2020
Our reference: LEX 50559
Mr Ben Fairless
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Fairless
Decision on your Freedom of Information Request
I refer to your request dated 21 January 2020, and received by the Department of Human
Services (now known as Services Australia) on the same date, for access under the
Freedom of Information Act 1982 (
FOI Act) to the following documents:
‘In the FOI Manual, there is a reference to a folder path: “G:\FOI\Admin\Manuals &
Taskcards“. Can you provide all documents contained in this folder as of this email
being sent?
In addition, on Page 7 of the FOI Manual it appears that the word “Significant” links to
another document. Can I please have a copy of that document?’
Administrative release
On 29 January 2020, Services Australia acknowledged your request and advised that where
appropriate, it may be able to release documents to you through the department’s
administrative access arrangements, without the need for a formal FOI request. We note in
your request to the department, you advised that you would prefer this arrangement.
Services Australia has identified one document (totalling 67 pages) which relates to your
request for the following material:
‘…on Page 7 of the FOI Manual it appears that the word “Significant” links to another
document. Can I please have a copy of that document?’
For your information, the word “Significant” on page 7 of the document which was released to
you on 20 January 2020, links to another part of the same document. As you have already
received this document administratively, I wil not release it to you again. I now consider this
part of your request withdrawn.
My decision
In relation to the portion of your request seeking access to documents contained within
G:\FOI\Admin\Manuals & Taskcards, Services Australia has taken all reasonable steps to
locate the documents you have requested and I am satisfied that they do not exist. For this
reason we have refused your request for access. Please see
Attachment A which outlines
the searches we conducted and the reasons for my decision.
You can ask for a review of our decision
PAGE 1 OF 6
If you disagree with any part of the decision you can ask for a review. There are two ways
you can do this. You can ask for an internal review from within Services Australia, or an
external review by the Office of the Australian Information Commissioner. You do not have to
pay for reviews of decisions. See
Attachment B for more information about how to arrange a
review.
Further assistance
If you have any questions please ema
il xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Kaitlin
Authorised FOI Decision Maker
Freedom of Information Team
Employment Law and Freedom of Information Branch | Legal Services Division
Services Australia
PAGE 2 OF 6
PO Box 7820 Canberra BC ACT 2610
Attachment A
REASONS FOR DECISION
What you requested
On 21 January 2020, you requested the following documents:
‘In the FOI Manual, there is a reference to a folder path: “G:\FOI\Admin\Manuals &
Taskcards“. Can you provide all documents contained in this folder as of this email
being sent?
In addition, on Page 7 of the FOI Manual it appears that the word “Significant” links to
another document. Can I please have a copy of that document?’
What I took into account
In reaching my decision I took into account:
• your original request dated 21 January 2020;
• documents that would fall within the scope of your request;
• other correspondence with you;
• consultations with Services Australia officers about:
o the nature of the documents, should they exist;
o Services Australia’s operating environment and functions;
• guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (
Guidelines); and
• the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act
Section 24A of the FOI Act provides that:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all 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
(i ) does not exist.
The Employment Law and Freedom of Information Branch conducted searches in the File
Explorer for the specified folder path. The Branch advised that the folder was not active at
the time of the FOI request and therefore no documents were contained in the folder
“G:\FOI\Admin\Manuals & Taskcards“.
PAGE 3 OF 6
On the basis of these searches, I am satisfied that in accordance with section 24A of the
FOI Act:
1. all reasonable steps have been taken to find the documents; and
2. the documents do not exist.
PAGE 4 OF 6
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a ful explanation of a freedom of information (FOI) decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We wil explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of a FOI decision
If you stil believe a decision is incorrect, the
Freedom of Information Act 1982 (
FOI Act)
gives you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by:
1. an Internal Review Officer in Services Australia; and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the Services Australia delegate
who made the original decision wil carry out the review. The Internal Review Officer wil
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be:
• made in writing
• made within 30 days of receiving this letter
• sent to the address at the top of the first page of this letter.
Note 2: You do not need to fil in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the agency within 30 days
of applying, you can ask the Australian Information Commissioner for a review of the original
FOI decision.
You wil have 60 days to apply in writing for a review by the Australian Information
Commissioner.
PAGE 5 OF 6
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
• If you are applying online, the application form the 'Merits Review Form' is available
at
www.oaic.gov.au.
• If you have one, you should include with your application a copy of the Services
Australia decision on your FOI request
• Include your contact details
• Set out your reasons for objecting to the agency's decision.
Complaints to the Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner
You may complain to the Australian Information Commissioner concerning action taken by
an agency in the exercise of powers or the performance of functions under the FOI Act,
There is no fee for making a complaint. A complaint to the Australian Information
Commissioner must be made in writing. The Australian Information Commissioner's contact
details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman
You may also complain to the Commonwealth Ombudsman concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be
made in person, by telephone or in writing. The Commonwealth Ombudsman's contact
details are:
Phone: 1300 362 072
Website:
www.ombudsman.gov.au
The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.
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Document Outline
