16 July 2021
C.Faulk
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 21/05/00526
File Number:
OBJ2021/14419
Dear C.Faulk
Freedom of Information (FOI) request - Access Decision
On 11 May 2021, 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:
In the Migration Regulations 1994 reference is made to Impairment Tables (Part 1,
Division 1.2, Section 1.15AA):
(1)(b)(i i) the impairment has, under the Impairment Tables (within the meaning of
subsection 23(1) of the Social Security Act 1991), the rating that is specified in the
certificate; and
The Impairment Tables have variously been referenced elsewhere without actual
reference to the Table themselves (Migration Legislation Amendment (2016
Measures No. 3) Regulation 2016; Commonwealth of Australia Gazette No. GN
47,25 November 1998 and Migration (IMMI 17/126: Impairment Rating) Instrument
2017).
Would you kindly provide documentation pertaining to the Impairment Tables in
their current form as used with regards to the assessment for a Carers Visa under
the Migration Regulations 1994. Ideally you would provide the Impairment Tables
themselves with the scoring system and with reference to their origin.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 8862 6565 • Fax: 02 6225 6970 • www.homeaffairs.gov.au
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
4
Document in scope of request
In accordance with section 17 of the FOI Act, the Department has used its computer system
to produce one document that contains information that falls within the scope of your
request. The data produced in the document existed in the possession of the Department
on 11 May 2021 when your FOI 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 fol ows:
• Release one document in full
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.
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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.
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.
[Electronically signed]
Derek
Position Number: 60007884
Authorised Decision Maker
Department of Home Affairs
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