25 November 2020
Mr E Ross
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 20/09/00645
File Number:
OBJ2020/29641
Dear Mr Ross
Freedom of Information (FOI) request - Access Decision
On 11 September 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:
Please provide the daily program, attendee list and training and workshop materials
distributed for the Sri Lanka-Australia Joint Working Group on People Smuggling
and Other Transnational Crime's workshop on people smuggling and international
crime cooperation. This training session was conducted for 39 Sri Lankan
magistrates from 31 May to 2 June 2013 in Negombo, Sri Lanka.
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 documents or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
• the terms of your 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
documents to which you sought access.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.homeaffairs.gov.au
4
Documents in scope of request
The Department, including the Department’s post in Sri Lanka, has undertaken reasonable
searches in relation to the documents you have requested access to.
In summary, the searches undertaken by the relevant business areas in relation to your
request included extensive searches of their record-keeping systems.
Having regard to your request and the types of documents 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 your request in the
possession of the Department.
I can advise that that it appears that the program you refer to was run by the
Attorney-General’s Department. You may wish to contact the Attorney-General’s
Department in regard to this matter.
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 your
request and that no documents were in the possession of the Department on
11 September 2020 when your FOI request was received. As such, I am refusing 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
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
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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.
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.
Yours sincerely
[
Electronically signed]
Position no. 60103474
Authorised Decision Maker
Department of Home Affairs
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