18 November 2021
Piyush
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 21/09/00553
File Number:
OBJ2021/28077
Dear Piyush
Freedom of Information (FOI) request - Access Decision
On 11 September 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:
Home Affairs website mentioned about "Accredited Sponsors" for visa 186 & 482.
1. Requesting your support to provide a list of active "Accredited Sponsors" as on
date (11th Sep 2021) for Australia.
2. Could you please share publicly available website or link which list out all active
"Accredited Sponsors" for Australia for quick reference in future.
3. Also, is it possible to get a list of sponsors & no. of visas supported by them for
approximately last 3 Yrs (1st Sep 2019 till 11th Sep 2021) who have supported
workers through the 186 (Employer Nomination Scheme visa - Direct Entry Stream)
and 482 (Temporary Skill Shortage visa - Medium Term Stream) for all occupations
under ANZSCO Unit Group 2633 (263312).
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.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • www.homeaffairs.gov.au
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 September 2021 when your FOI request was received.
The Department advises in relation to part 2 of the request, the names of businesses
approved as an Accredited Sponsor is not publicly available on the Department’s website.
The Department has undertaken reasonable searches in relation to part 3 of the request.
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 taken1.
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.
1
Collection Point Pty Ltd v Commissioner of Taxation [2013] FCAFC 67 [20].
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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 3
of your request and that no documents were in the possession of the Department on
11 September 2021 when your FOI request was received. As such, I am refusing 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 fall
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 see 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.
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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.
[signed electronically]
Karla
Position No.60006174
Authorised Decision Maker
Department of Home affairs
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