29 October 2021
Laura
BY EM AIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 21/10/00170
File Number:
OBJ2021/29866
Dear Laura
Freedom of Information (FOI) request - Access Decision
On 5 October 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:
Part 1: I would like to know that how many people are awaiting a citizenship
ceremony at Woollahra and Waverley Council up to date?
Part 2: What has been the maximum time from when the application was approved
to when a citizenship ceremony was conducted?.
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: 02 8862 6565 Fax: 02 6225 6970 www.homeaffairs.gov.au
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 part of the scope of your
request. The data produced in the document existed in the possession of the Department
on 5 October 2021 when your FOI request was received.
The Department has undertaken reasonable searches in relation to the documents you
have requested access to.
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 your request for part 2
and
due to the evolving COVID-19 situation across Australia, the Department
recognises that many councils may be constrained in holding citizenship ceremonies.
To assist local government councils in continuing to welcome new citizens into their
community and to manage demand for 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. Information on citizenship processing times, including between the point of
approval and ceremony, can be found on the Department of Home Affairs’ website at:
https://immi.homeaffairs.gov.au/citizenship/citizenship-processing-times. I find, therefore that no documents were in the possession of the Department on 5
October 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 relating to part 1
Refuse in full documents relating to part 2
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.
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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
will 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 https://www.oaic.gov.au/freedom-of-information/foi-review-process.
8
M aking 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.
[Electronically signed]
Derek
Position Number: 60007884
Authorised Decision Maker
Department of Home Affairs
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