29 July 2020
Henry
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 20/07/00791
File Number: OBJ2020/23802
Dear Henry,
Freedom of Information (FOI) request - Access Decision
On 08 July 2020, 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:
1/ I am requesting the number of people still in Australia on Visitor Visas (and if possible
top 3 countries).
2/ Additionally, if the data is easily available, the number of people who have been in
Australia on a tourist visa and applied for a new visa to remain in Australia since March.
2
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 document or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
the terms of your request
the document 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 responsibility for matters relating to the
document to which you sought access
2 Lonsdale Street Me bourne VIC 3000
PO Box 241 Melbourne VIC 3001 Telephone: 03 8682 2452 Fax: www.homeaffairs.gov.au
4
Document in scope of request
In relation to part 1 of scope, the data you seeks is publically accessible on data.gov.au.
Please see the following URL to obtain this data:
https://data.gov.au/dataset/ds-dga-903e4782-8d6d-438d-9c40-
9883cf91606c/distribution/dist-dga-0d604194-ffe0-402c-8ca4-
3696e2ad7c02/details?q=
In relation to point 2 of scope, the Department has undertaken reasonable searches in
relation to the documents you have requested access to and finds no relevant document
holdings.
Searches
In relation to point 2 of scope, the Department does not hold an existing discrete
document that contains the data you are seeking.
The Department has considered whether it can extract this data in accordance with
section 17(1) of the FOI Act.
The obligation for retrieving or collating information stored in a computer system arises
if:
the Department could produce a written document containing the information
using a computer or other equipment that is ordinarily available to the agency for
retrieving or collating stored information, and
producing a written document would not substantially and unreasonably divert
the resources of the agency from its other operations (s17(2))
In Collection Point Pty Ltd v Commissioner of Taxation the full bench of the Federal
Court decided that if a new computer program is required to be written to produce the
document then a computer is not being used in a manner that is ordinarily available to
the agency because an extraordinary step is required to be taken1.
To compile the information you have requested into a discrete document would require
that additional and extraordinary measures be undertaken. This is not what section 17
of the FOI Act requires. Section 17 only requires a new document to be created when it
is possible to do so using a computer or other equipment to extract data.
The data you have requested is of a detail that cannot be reported on from the
Department’s computer systems. Either the data is not collected to that granular detail,
or it is not possible to extract the data using a computer system in a manner that is
ordinarily available to it.
1 Collection Point Pty Ltd v Commissioner of Taxation [2013] FCAFC 67 [20].
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I am satisfied that the Department is not able to produce a written document containing
the information you seek in your request which relates to point 2 of scope in a discrete
form using a computer or other equipment ordinarily available to it.
Having regard to your request and the types of document that may fall within the scope
of your request I am satisfied that the searches conducted were extremely thorough and
all reasonable steps have been taken to locate any document relevant to point 2 of your
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
point 2 of your request and that no documents were in the possession of the Department
on 08 July 2020 when your FOI request was received. As such, I am refusing this part
of your request 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.
7
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
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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.
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
Data Division | Strategy and Law Enforcement Group
Department of Home Affairs
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