31 August 2020
Ms Regina Jefferies
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 20/07/01368
File Number:
OBJ2020/25059
Dear Ms Jefferies
Freedom of Information (FOI) request - Access Decision
On 22 July 2020, the Department of Home Affairs (the Department) received a request for access
to document 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 document:
I respectfully request under Freedom of Information:
Any historical Procedural Instructions, Policy Guidelines, Standard Operating
Procedures, or similar document related to screening protection claims made at
Australian airports, issued prior to 13 March 2013.
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)
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 690 • www.homeaffairs.gov.au
• advice from Departmental officers with responsibility for matters relating to the
document to which you sought access
4
Document in scope of request
The Department has identified one document as falling within the scope of your request.
This document was in the possession of the Department on 22 July 2020 when your
request was received.
5
Decision
The decision in relation to the document in the possession of the Department which fall
within the scope of your request is as follows:
• Exempt one document in full from disclosure
6
Reasons for Decision
Detailed reasons for my decision are set out below.
My findings of fact and reasons for deciding that the exemption provision applies to that
information are set out below.
6.1 Section 4 of the FOI Act – document for the purpose of the FOI Act
Section 4 provides that a document for the purpose of the FOI Act does not include:
(d) material maintained for reference purposes that is otherwise publically available.
I find that the documents in scope for this request, form part of the Procedures Advice
Manual (PAM) titled ‘Detention Screening’. The PAM is a document that is publicly available
via a number of State or Territory libraries that subscribe to LEGENDcom via the ‘Library
Deposit and Free Issue Scheme’ (LDS).
The Department provides information about the participating libraries and the LDS via its
website, which can be accessed at the below link:
https://immi.homeaffairs.gov.au/help-support/tools/legendcom
I therefore find that the document which is in scope for this request is not a document for
the purpose of the FOI Act.
7
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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8
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
wil 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.
9
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.
10 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 .
Position Number 60097486
Authorised Decision Maker
Department of Home Affairs
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