Mr Dan Monceaux
Email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Monceaux
Freedom of Information Request No. 200403
Decision on Access
I refer to your request of 4 April 2020 to the Department of Agriculture, Water and the
Environment (
Department) under the
Freedom of Information Act 1982 (Cth) (
FOI Act). Your
request is as follows:
I am writing to request electronic copies of any correspondence between T-Ports and
this department regarding their intention to develop grain handling, storage and
loading facilities at Lucky Bay in South Australia and/or their intention to transship
grain from Lucky Bay in South Australia to ocean-going vessels at transshipment
points within the Franklin Harbor Marine Park.
Authority
I am authorised by the Secretary of the Department under section 23 of the FOI Act to make a
decision in relation to your request.
Decision
The Department has identified no documents relevant to the scope of your request.
ATTACHMENT A contains information regarding your review rights, should you wish to seek
review of my decision.
Material considered in making my decision
I had regard to:
•
the scope of the FOI request;
•
the relevant provisions in the FOI Act;
•
advice from subject matter experts within the Department; and
•
the
FOI Guidelines issued
by the Australian Information Commissioner under section
93A of the FOI Act (
FOI Guidelines).
GPO Box 787 Canberra ACT 2601 • Telephone 02 6274 1111 • Facsimile 02 6274 1666
w w w .aw e.gov.au
Reasons for decision
Section 24A(1)(b)(ii)
Documents do not exist
Under subparagraph 24A(1)(b)(ii) of the FOI Act, the Department may refuse access to a
document if:
• all reasonable steps have been taken to find the document; and
• the Department is satisfied that it does not exist.
To locate the documents, the Department’s officers conducted searches of relevant email
accounts and searches of electronic files held in one of the Department’s electronic filing
systems, SPIRE. As a result of these searches, no documents falling within the scope of the
request were identified.
I am satisfied that all reasonable steps have been taken to find documents that fall within the
scope of the request, and that they do not exist.
Accordingly, I have decided to refuse your request under section 24A of the FOI Act.
Further assistance
The FOI Contact Officer in the Department can be contacted by telephone on 02 6274 2098 or
by email at
xxx@xxxxxxxxxxx.xxx.xx.
Yours sincerely
Monica Collins
Assistant Secretary
Environment Compliance Branch
1 May 2020
ATTACHMENTS:
A.
INFORMATION SHEET “YOUR REVIEW RIGHTS”
2
ATTACHMENT A
YOUR REVIEW RIGHTS
You may seek review of this primary decision either internally by the Department (internal
review), or externally by the Information Commissioner (Information Commissioner review).
Internal review
An internal review is a review of the decision conducted by a senior officer within the
Department. The reviewing officer will not be the same person whom made the primary
decision.
If you wish to seek an internal review, you must submit a written application to the Department
within 30 days after the day you are notified of this decision. Whilst there is no required form for
the written internal Review application, it is recommended that you include your reasons as to
why the primary decision should be reviewed.
The decision on the internal review will be provided to you within 30 days of the Department
receiving your application.
You can submit your written internal review application to the below addresses:
Email:
xxx@xxxxxxxxxxx.xxx.xx
Post:
FOI Contact Officer
Environment Legal Branch
Department of Agriculture, Water and the Environment
GPO Box 787
Canberra ACT 2601
Information Commissioner review
An Information Commissioner review is a review undertaken by the Information Commissioner
(IC). The IC will make a decision on the disclosure of the documents, giving regard to any
submissions from the Department, yourself as the applicant, and any third parties consulted as
part of this decision.
There is no statutory timeframe for a decision on an IC request.
If you wish to request a review by the IC, you must apply to the IC within 60 days after the day
you received it. Further details on how to request an Information Commissioner review can be
obtained from the Office of the Australian Information Commissioner:
Online: https://www.oaic.gov.au/freedom-of-information/foi-review-process
Post:
GPO Box 5218, Sydney NSW 2001
Fax:
02 9284 9666
Phone: 1300 363 992
Email: xxxxxxxxx@xxxx.xxx.xx
GPO Box 787 Canberra ACT 2601 • Telephone 02 6274 1111 • Facsimile 02 6274 1666
w w w .aw e.gov.au
Document Outline
