Our ref: 67605
Warrick Alexander
via Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Warrick
Freedom of Information Act 1982 – Notice of Decision
I refer to your correspondence, received by the Department of Industry, Science, Energy and
Resources (the department) on 29 November 2020, for access under the Freedom of Information Act
1982 (FOI Act) as fol ows:
I would like to see available access logs (date and time of access) for
incubator support initiative application forms and attachments
of applications ISI81321 and ISI81322
as accessed by Zoe Naden and Andrew Dean.
Decision
I am an authorised decision maker under section 23 of the FOI Act.
Your request appears to seek a singular document containing certain information. As you would be
aware, requests under the FOI Act can only be made for documents that are either in existence at
the time the request is received or those that the Department is obligated to create under section
17. Section 17 only applies where there is an existing computer or software system which
independently col ates or retrieves stored information to produce the requested document and
can create it with no further changes to that system.
We have conducted searches of the areas of the Department most likely to hold the document you
are seeking and were not able to find it.
Further, the department does not have a computer system or software which can independently
search for system access logs of certain documents and col ate that information into a document
for your benefit, and the Department is accordingly under no obligation to create one under
section 17.
Therefore, I have decided to refuse your request in accordance with section 24A of the FOI Act on
the grounds that the documents you have requested do not exist.
You may wish to refer to section 17 of the Act and also paragraphs 3.204-3.210 of the FOI
Guidelines for further information about the application of section 17 explanation of this.
If you are dissatisfied with any part of my decision, your review rights are set out in Attachment A.
Please do not hesitate to contact the FOI team at xxx@xxxxxxxx.xxx.xx if you require any further
clarification.
Yours sincerely
Sasha Pesic
Senior FOI Officer
Legal, Audit and Assurance Branch
24 December 2020
