14 September 2021
John
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 21/06/01076
File Number:
OBJ2021/18614
Dear John
Freedom of Information (FOI) request - Access Decision
On 19 June 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:
Data on the number of 407 Training Visa applications submitted and granted for the
period July 2020- June 2021 in Victoria. Specifical y 407 visa granted 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 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
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone:
• www.homeaffairs.gov.au
link to page 2
4
Document in scope of request
In relation to part 1(a) of the request regarding the number of subclass 407 visa
applications, the Department has used its computer system to produce one document that
contains information that falls within the scope of your request in accordance with section
17 of the FOI Act, The data produced in the document existed in the possession of
the Department on 19 June 2021 when your FOI request was received.
In relation to part 1(b) of the request regarding subclass 407 visa grants, the Department
does not hold an existing discrete document that contains the data you are seeking.
The Department has considered whether it can extract the data in accordance with section
17(1) of the FOI Act.
The obligation for retrieving or collating information stored in a computer system arises if:
• the Department could produce a written document containing the information using
a computer or other equipment that is ordinarily available to the agency for retrieving
or collating stored information, and
• producing a written document would not substantially and unreasonably divert the
resources of the agency from its other operations (s17(2))
In
Collection Point Pty Ltd v Commissioner of Taxation the full bench of the Federal Court
decided that if a new computer program is required to be written to produce the document
then a computer is not being used in a manner that is ordinarily available to the agency
because an extraordinary step is required to be taken
1.
The data you have requested is of a detail that cannot be reported on from the
Department’s computer systems. Either the data is not collected to that granular detail, or
it is not possible to extract the data using a computer system in a manner that is ordinarily
available to it.
I am satisfied that the Department is not able to produce a written document containing the
information you seek in a discrete form using a computer or other equipment ordinarily
available to it.
Having regard to your request and the types of document 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.
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 part
1(b) of your request and that no documents were in the possession of the Department on
1
Collection Point Pty Ltd v Commissioner of Taxation [2013] FCAFC 67 [20].
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19 June 2021 when your FOI request was received. As such, I am refusing part 1(b) of
your request based on the application of section 24A of the FOI Act.
The decision in relation to the document in the possession of the Department which falls
within the scope of your request is as follows:
• 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
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 s
ee https://www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/information-commissioner-review/.
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
[signed electronical y]
Kel
Position No 60100052
Authorised Decision Maker
Department of Home Affairs
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Document Outline
