ONE NATIONAL CIRCUIT
BARTON
FOI
FOI/2021/131
FREEDOM OF INFORMATION ACT 1982
REQUEST BY:
Trav S
DECISION BY: Mr Peter Rush
Assistant Secretary
Parliamentary and Government Branch
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Trav S
I refer to your email of 1 August 2021 in which you made a 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:
Please provide the legal instrument that excludes your department from according
procedural fairness in administration decision-making related to the Humanitarian
Overseas Service Medal.
I understand the duty may be excluded by legislation. The HOSM letters patent,
regulations and declaration do not prescribe such exclusions.
The Australian High Court opines “ in the absence of a clear, contrary legislative
intention administrative decision-makers must accord procedural fairness to those
affected by their decisions."
Your department's Statement of Ministerial Standards "Ministers must be able to
demonstrate that they have taken all reasonable steps to observe relevant standards of
procedural fairness and good decision making application to decision made by them".
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 your request under section 24A(1)(b)(ii) of the FOI Act, on the basis
that the Department has taken all reasonable steps to locate the documents you have
requested, and those documents do not exist.
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
In making this decision, I have had regard to the following material:
the terms of your request;
the FOI Act; and
the ‘Guidelines issued by the Australian Information Commissioner under section 93A
of the
Freedom of Information Act 1982’ (the
FOI Guidelines).
Reasons
Section 24A(1) of the FOI Act provides that:
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’s Parliamentary and Government Branch is the relevant line area responsible
for the administration of the Humanitarian Overseas Service Medal. Having regard to the
terms of your FOI request and my knowledge of the subject matter of your request, I am
satisfied that there are no documents that meet the terms of your FOI request.
I am satisfied that all reasonable steps have been taken to find documents relevant to your
request, and that the requested documents do not exist. I have therefore decided to refuse your
request under section 24A(1)(b)(ii) of the FOI Act.
Processing and access charges
I have decided not to impose processing charges in respect of your 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 a FOI
request is a separate process to seeking review of the Department’s decision. Further
information about how to make a complaint is available a
t 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
30 August 2021
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