ONE NATIONAL CIRCUIT
BARTON
FOI/2021/092
FOI
FREEDOM OF INFORMATION ACT 1982
REQUEST BY:
Trav S
DECISION BY: Mr Peter Rush
Assistant Secretary
Parliamentary and Government Branch
By ema
il: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Trav S
I refer to your email of 11 June 2021 in which you made a request (the
FOI request) under
the
Freedom of Information Act 1982 (the
FOI Act) to the Department of the Prime Minister
and Cabinet (the
Department) in the following terms:
Can we ask for a copy of all documents related to a file titled "Humanitarian Overseas
Service Medal Amendment Regulation: Iraq clasp".
Authorised decision-maker
I am authorised to make this decision in accordance with arrangements approved by the
Department’s Secretary under section 23 of the FOI Act.
Decision
I have decided to refuse the FOI request under section 24A(1)(b)(ii) of the FOI Act.
In making my decision, I have had regard to the following:
•
the terms of the FOI request;
•
searches undertaken by the Department regarding the FOI request;
•
the FOI Act; and
•
the ‘Guidelines made by the Australian Information Commissioner issued under
section 93A of the
Freedom of Information Act 1982’ (the
FOI Guidelines).
Reasons
Section 24A(1) of the FOI Act provides that:
Postal Address: PO Box 6500, CANBERRA ACT 2600
Telephone: +61 2 6271 5849 Fax: +61 2 6271 5776 www.pmc.gov.au ABN: 18 108 001 191
An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document;
and
(b) the agency or Minister is satisfied that the document:
(i)
is in the agency’s or Minister’s possession but cannot be found; or
(ii)
does not exist.
The Department has searched its files, but no file has been found with the title ‘Humanitarian
Overseas Service Medal Amendment Regulation: Iraq clasp’.
I am satisfied that all reasonable steps have been taken to find documents relevant to the FOI
request, and that no documents relevant to the FOI request exist in the Department.
I have therefore decided to refuse the FOI request under section 24A(1)(b)(ii) of the FOI Act.
Processing and access charges
I have decided not to impose charges in respect of the FOI request.
Review rights
Information about your rights of review under the FOI Act is available at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Complaint rights
You may make a complaint to the Information Commissioner about the Department’s actions
in relation to a request. Making a complaint about the way the Department has handled an
FOI request is a separate process to seeking review of the Department’s decision. Further
information about how to make a complaint is available at https://www.oaic.gov.au/freedom-
of-information/reviews-and-complaints/make-an-foi-complaint/.
Yours sincerely
Peter Rush
Assistant Secretary
Parliamentary and Government Branch
12 July 2021
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