16 July 2021
John
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 21/06/01108
File Number: OBJ2021/18700
Dear John,
Freedom of Information (FOI) request - Access Decision
On 18 June 2021, 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:
The number of TSS 482 visa granted in Victoria from July 2020 - June 2021 for Motor
Mechanic.
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 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
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
Document in scope of request
The Department has considered whether it holds documents that may meet the scope of
your request. Section 4 of the FOI Act provides that a document for the purposes of the Act
does not include:
(d) material maintained for reference purposes that is otherwise publicly available
The Department has undertaken reasonable searches in relation to the documents you
have requested access to. For the purposes of the FOI Act, as the information you have
requested is available publically, the Department finds that is does not hold any document.
5
Decision
The decision in relation to the documents in the possession of the Department which fall
within the scope of your request is as follows:
• Refuse access in full
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. As such I am refusing access to
the document based on the application of section 24A(1)(b)(i ) of the FOI Act.
Reasons for Decision
Detailed reasons for my decision are set out below.
Section 4 of the FOI Act provides that a document for the purpose of the FOI Act does not
include material maintained for reference purposes that is otherwise publically available.
I have considered the scope of your request and find that the number of TSS 482 visa
granted in Victoria from July 2020 - June 2021 for Motor Mechanic is publicly available on
the data.gov.au website with the most recent version of BP0014 providing data up to and
including 31 March 2021, published on 29 April 2021 at: https://data.gov.au/dataset/ds-
dga-2515b21d-0dba-4810-afd4-ac8dd92e873e/distribution/dist-dga-b3c05141-0ee7-
4aab-b2fb-245ec2fd5578/details?q=BP0014. The next update around the 30th July 2021
will include data up to and including 30 June 2021.
As such, I am of the view that the objects of the FOI Act, in terms of providing the Australian
community access to this information, have been met.
The information you have requested is freely available on demand at the above location
without any need to formally request the information and wait for such a request to be
processed. Bypassing the FOI process and accessing the information in the public domain
wil significantly reduce delays in obtaining the same information and ensure that the
information is the most up-to-date.
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6
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Details/C2017C00251.
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
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 http://www.oaic.gov.au/freedom-of-information/foi-reviews.
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.
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Signed electronically
Derek
Position number 60007884
Authorised Decision Maker | Freedom of Information Section
FOI and Records Management Branch
Data Division | Strategy and Law Enforcement Group
Department of Home Affairs
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