ONE NATIONAL CIRCUIT
BARTON
FOI
FOI/2021/311
FREEDOM OF INFORMATION ACT 1982
REQUEST BY:
Mr Francis Unmeopa
DECISION BY: Peter Rush
Assistant Secretary
Parliamentary and Government Branch
Mr Francis Unmeopa By email to:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Unmeopa
FOI request
I refer to your email of 30 November 2021 in which you made a request (the
FOI 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:
My name is Francis Sonny Graham Unmeopa. I am from the Meriam Le of the Eastern Torres
Strait Islands and I represent the interests of the men from the First Nations engaged by The
Australian government to assist in the reconstruction effort in Iraq.
Respectfully, I have two requests for documentation under the FOI act.
Please refer to the 1 May 2008 Humanitarian Overseas Service Medal Regulations
Delegation. This instrument delegates 2 powers to the person holding the office of assistant
secretary, awards and culture Branch (position number 1860).
I note, that on 19 March 2012 the department (PM & C) emailed AusAID (DFAT) stating
‘further to your recent discussion with Peter, here’s draft text for your consideration that we
propose to brief the new PSPM Senator Jan McLucas with soon’. Titled ‘Amendment of
Humanitarian Overseas Service Medal (Iraq) declaration 2004 to extend to specified
commercial contractors’ the document recommended the PSPM do two things - 1. Sign the
letter to the Governor-General recommending she makes a declaration under HOSM
Regulations 2011, extending eligibility for the ‘Iraq’ clasp to the medal, to specified
commercial contractors (Attachment A), and 2. Sign the proposed Humanitarian Overseas
Service Medal (Iraq) Declaration 2011 (Attachment B). And on 11 April 2012 your
department emailed AusAID (DFAT) providing a written agreement to ‘settle the declaration
… and brief the PSPM next week’.
I note, FOI disclosures many years later indicate that the department did not deliver the
documents to the PSPM in accordance with the agreement. The 2 powers delegated to the
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
assistant secretary do not appear to extend to that person being entitled to make ministerial-
level decisions concerning Australian honours and symbols policy. However, if the assistant
secretary was granted such powers under delegation or under any other administrative
instrument, please provide a copy of that document outlining such in accordance with the FOI
Act.
The department in response to FOI inquiries many years later admitted that they withheld the
documents from PSPM McLucas as they were continuing consultations and
deliberations. Please provide a copy of the document in which the department informed
AusAID that they were withholding the documents from PSPM McLucas in order to continue
consultations and deliberations.
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) 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.
In making this decision, I have had regard to the following:
the terms of your request;
my own knowledge of the subject matter of your request
the outcome of searches;
the FOI Act; and
the Guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (the Guidelines).
Reasons
Subsection 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 Guidelines state at 3.88:
The Act is silent on what constitutes ‘all reasonable steps’. The meaning of ‘reasonable’ in the context
of s 24A(1)(a) has been construed as not going beyond the limit assigned by reason, not extravagant
or excessive, moderate and of such an amount, size or number as is judged to be appropriate or
suitable to the circumstances or purpose.
Based on my own knowledge of the subject matter, and searches undertaken relevant to the
scope of the request, I am satisfied that all reasonable steps have been taken to find the
documents relevant to the FOI request and that the documents requested do not exist.
I have therefore decided to refuse the request under subsection 24A(1) of the FOI Act.
2
Processing and access charges
I have decided not to impose processing charges in respect of the applicant’s 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/information-
commissioner-review/. Complaint rights
You may make a complaint to the Information Commissioner about the Department’s actions
in relation to this decision. Making a complaint about the way the Department has handled an
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
15 December 2021
3