FOI ref: 2020/0096
28 September 2020
Mr John Smith
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
Notice of Decision for Freedom of Information Request no. 2020/0096
The purpose of this letter is to give you a decision about access to documents that you
have requested under the
Freedom of Information Act 1982 (
FOI Act).
Summary
You lodged an FOI request on 29 August 2020 in the following terms:
I seek as follow-up to this FOI, the total number of Member Service Officers
working at the AAT on a labour hire contract.
I also seek the position titles of all SES officers working on a labour hire contract
(if any exist).
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to
FOI requests.
Decision
I have decided to refuse access to the documents you have requested under section
24A of the FOI Act. The reasons for my decision are set out below.
In making my decision, I have taken the following into account:
•
the absence of documents that fall within the scope of your request;
•
the FOI Act, specifically section 24A;
•
the guidelines issued by the Australian Information Commissioner under s 93A of
the FOI Act (FOI Guidelines).
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
Member Services Officers
The AAT does not have a job title “Member Services Officer”. In interpreting your
request, I have assumed you intended to request information about “Member Support
Officers” who work in the Migration and Refugee Division. The Human Resources
Section advised in response to our inquiry for this request that, on 31 August 2020,
there were no Member Support Officers working under labour hire arrangements. It
follows that there is no document for which a search could be conducted and no
computer report that could be produced under section 17, which would contain the
information you seek.
For the above reason, access to the document is refused under section 24A of the FOI
Act because reasonable steps have been taken to locate the document and the
document does not exist.
SES officers
“SES” is an abbreviation for “Senior Executive Service” which is a class of Australian
Public Service employee created under the
Public Service Act 1999. A person must be
employed under that Act in order to be a member of the SES. It follows that, although a
variety of services – including more senior services - may be purchased through labour
hire arrangements, SES officers are not engaged under labour hire arrangements.
For this reason, I have decided a document containing the information you have
requested does not exist. Therefore, I have decided to refuse access to the document
under section 24A on the basis that it does not exist.
Your review rights
Information about how you can apply for a review of this decision or complain about how
we have dealt with this matter is set out in the attached fact sheet, FOI 2.
If you have any questions about this decision, please contact me at xxx@xxx.xxx.xx.
Yours sincerely,
Sandra Koller
Authorised FOI Officer (EL2)
Attachments
FOI 2 – Information about reviews and complaints under the Freedom of Information Act
Information about reviews and complaints under the
Freedom of Information Act
What should I do prior to applying for internal review or contacting the
Office of the Australian Information Commissioner?
Before you apply for an internal review or contact the Office of the Australian Information
Commissioner, we recommend that you telephone the officer who made the FOI
decision. It is often possible to resolve concerns or answer your questions using this
approach and, if not, the officer will be able to assist you in applying for review.
How do I apply for internal review to the AAT?
You can apply to us for an internal review of the FOI decision. The application for
internal review must be made within 30 days or such further period as we allow, after the
day the decision is notified to you. To apply for an internal review, you must do so in
writing. You may also wish to explain why you are not satisfied with the decision. A
different and more senior officer authorised under the
Freedom of Information Act 1982 (the FOI Act) will conduct the internal review and make a new decision within 30 days
after receipt of your application.
If you have already applied for internal review and want to seek a further review of that
decision, you will need to apply to the Australian Information Commissioner.
How do I apply for review to the Australian Information Commissioner?
You may also apply directly to the Australian Information Commissioner for review of the
FOI decision. The application for review must be made within 60 days after the day
notice of the decision was given. An application for review must be in writing, include
details of how notices in relation to the review are to be sent to you and include a copy
of the decision. You may also wish to explain why you are not satisfied with the decision.
An online application form is available on the Office of the Australian Information
Commissioner’s website, details of which are provided below.
What if I want to make a complaint about the handling of a Freedom of
Information request?
If you have a complaint about the way in which we have processed your request for
access under the FOI Act you can ask the Australian Information Commissioner to
investigate. An online complaint form is available on the Office of the Australian
Information Commissioner’s website, details of which are provided below.
Where can I find further information or contact details for the Office of the
Australian Information Commissioner?
Further information is available on the Office of the Australian Information
Commissioner’s website at www.oaic.gov.au and you can contact the office on 1300 363
992 or by email at xxxxxxxxx@xxxx.xxx.xx..
FOI 2 (July 2016)
