13 October 2021
Vikas
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 21/09/00624
File Number:
OBJ2021/28235
Dear Vikas,
Freedom of Information (FOI) request - Access Decision
On 13 September 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:
1. How many applicants whose application for citizenship has been approved and waiting for
citizenship ceremony as on 31/08/2021 in ACT
2. Number of applicants whose citizenship has been approved by 30/06/2021 but stil waiting
for citizenship Ceremony in ACT
3. Number of applicants whose citizenship has been approved by 31/05/2021 , but stil
waiting for Citizenship Ceremony in act
4. Steps taken to do online/virtual citizenship ceremonies to clear the backlog
5.
Reasons as to why Online citizenship ceremonies can not be conducted in greater
numbers and why wait times can not be reduced for citizenship ceremony for applicants
whose citizenship applications have already been approved
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:
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970
• www.homeaffairs.gov.au
• 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
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 points 1,2
and 3 of your request. The data produced in the document existed in the possession of
the Department on 13 September 2021 when your initial FOI request was received, but is
based on a ‘search date’ of 24 September 2021.
5
Decision
The decision in relation to the documents in the possession of the Department for which
the Department is able to extract data and provide a response is as follows:
• Release one document in full
The decision in relation to points 4 and 5 of scope is as follows:
• Refuse in full
5.1 Section 24A – No document exists
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.
Points 4 and 5 of scope appear framed as questions for which you seek specific answers
under the FOI Act rather than requests for documents. The relevant business division are
unable to provide documents in response to these points of scope as it is unclear what
documents have been sought.
Generally, due to the evolving COVID-19 situation across Australia, the Department
recognises that many councils may be constrained in holding in-person citizenship
ceremonies. The Department has encouraged councils to move to online citizenship
ceremonies where COVID-19 restrictions are in place and in-person citizenship
ceremonies currently cannot take place. The Department has provided all local government
councils around Australia with detailed guidance on how to host online citizenship
ceremonies in line with the requirements as outlined in the Australian Citizenship
Ceremonies Code.
I am satisfied that the Department has undertaken reasonable searches in relation to points
4 and 5 of scope and that no documents were in the possession of the Department on 13
September 2021 when your FOI request was received. As such I am refusing access to
the documents requested by you based on the application of section 24A of the FOI Act
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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 t
o: 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
a
t 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
Glen
Position number 60081621
Authorised Decision Maker | Freedom of Information Section
FOI and Records Management Branch
Data Division | Strategy and National Resilience Group
Department of Home Affairs
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Document Outline