22 April 2020
Sahar Arefian
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 20/03/01061-R1
File Number:
OBJ2020/8829
Dear S Arefian,
Decision on Internal Review – Freedom of Information Act 1982
I refer to your correspondence dated 22 January 2020 in which you request that the
Department of Home Affairs (the Department) review its decision on access to documents
dated 8 April 2020 under the
Freedom of Information Act 1982 (the FOI Act).
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Scope of original request
The scope of your original request for access to documents under the FOI Act was as
follows:
‘I would like to receive information about the number of EOIs in the submitted status as of
15 march 2020 for the following sub classes for ANZSCO Code 234914 for subclass 190
for NSW government categorized by their points claimed and assessing authority if possible
and DOE’.
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Original Decision on access dated 8 April 2020
The Department conducted reasonable searches and determined that the information that
you are seeking is publically available. As such the Department did not locate a document
for the purposes of the Act.
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Request for Internal Review
On 8 April 2020, you requested the Department to review its decision dated 8 April 2020. In
your request, you stated:
‘I am writing to request an internal review of Department of Home Affairs's handling of my
FOI request 'the number of EOIs in the submitted status as of 15 march 2020 for NSW
190 visa for ANZSCO Code 234914. I WANT THE NUMBER OF SUBMITTED EOIs for
particular ANZSCO code. I think it is a routine request from your department. I appreciate
your help’.
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2 Lonsdale Street, Melbourne
xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx www.homeaffairs.gov.au
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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 departmental records.
In accordance with section 54C(3) of the FOI Act, I have made a fresh decision on your FOI
request.
5 Information
considered
In reaching my decision, I have considered the following:
the scope of your request
the Department’s original decision of 8 April 2020 and the evidence gathered for
that decision
your submissions in relation to your reasons for requesting an internal review
the documents falling within the scope of your request
advice from departmental officers with responsibility for matters relating to the
information to which you sought access
the FOI Act, and
the Australian Information Commissioner’s guidelines relating to the
interpretation, operation and administration of the FOI Act (the FOI guidelines).
6
Internal Review Decision
I have decided to refuse your request in full under section 24A of the FOI Act.
7
Reasons for Internal Review Decision
I have considered your internal review request and the submission you made in support of
that request.
I have confirmed that the information to which you seek access is publically available via
the enquiry form at the following Qlik link:
https://api.dynamic.reports.employment.gov.au/anonap/extensions/hSKLS02_SkillSelect_
EOI_Data/hSKLS02_SkillSelect_EOI_Data.html
The above website allows you to make selections regarding the type of data and date range
for the data. The website comprises a comprehensive library of historic and current data in
relation to Expressions of Interest (EOIs) in Skillselect, and may be accessed by any
persons wishing to reference to EOI data. I am satisfied that this function would enable you
to obtain the information that you are seeking. I therefore consider that the information you
request is available publically.
Section 4 of the FOI Act provides that a document for the purpose of the FOI Act does not
include material maintained for reference purposes that is otherwise publically available. As
the information you are seeking to access is publically available, I find that the document/s
you have requested are excluded from the operation of the FOI Act.
For this reason, I have decided to refuse your FOI access request under section 24A of the
FOI Act.
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8 Legislation
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.
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Your Review Rights
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.
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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.
11 Contact
Should you wish to discuss my decision, please do not hesitate to contact via email at
xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx.
Rebecca
Position 60007879
Authorised Decision Maker
Department of Home Affairs
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