11 March 2022
Dominic de Vries
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 22/02/01284
File Number:
OBJ2022/4653
Dear Dominic de Vries
Freedom of Information (FOI) request - Access Decision
On 19 February 2022, 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:
The Department of Home Affairs issued a directive demanding Citizens to request
permission to leave Australia if they do not state their medical status, which limits
their right of free travel. This despite the fact that up to the 31st of January 2022
only 83 people died from Covid-19 and in 2019 812 people died from Influenza
(Flu).
Reference: https://covid19.homeaffairs.gov.au/leavi... (08.02.2022) Please
provide a copy of the legal document that allows, justifies and orders your
department to limit these basic rights for a certain group of Australian Citizens and
allows your department to demand healthy citizens that do not want to state their
medical status to require a permission to freely leave the country. This includes
the confirmation of such a restriction by the Governor-General of the
Commonwealth of Australia, who guarantees free travel in every Australian
Passport.
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: • 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
The data that you have requested is publically available at:
Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic
Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020
(legislation.gov.au).
Relevant policy documents available for further information at:
Leaving Australia | COVID-19 and the border (homeaffairs.gov.au)
Note: that you have not been charged for this request but you may be charged for future
FOI requests.
5
Decision
The decision in relation to the document in the possession of the Department which falls
within the scope of your request is as follows:
• Refuse
Section 4(1)(d) of the FOI Act provides that a document for the purpose of the FOI Act does
not include material maintained for reference purposes that is otherwise publicly available.
If the Department did hold any documents falling within the scope of your request,
I consider that you would not be entitled to access to those documents, in accordance with
section 4(1)(d) of the FOI Act.
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
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
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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 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 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.
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.
Yours sincerely
[signed electronically]
Kel
Position No 60100052
Authorised Decision Maker
Department of Home Affairs
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