Reference:
FOI 22/27
Contact:
FOI Team
e-mail:
xxx@xxxxxxx.xxx.xx
Ginette Van Praag
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Van Praag,
Freedom of Information Request – FOI 22/27
On 23 March 2022, the Department of Finance (Finance) received your email, in which you
sought access to the following under the Commonwealth
Freedom of Information Act 1982
(FOI Act):
1. Please provide copies of the approved floor plans, layout and infrastructure (plumbing, wiring,
ventilation and piping) building plans for the residential cabins currently in situ and undergoing
construction for all Centres for National Resilience in Australia - All States and Territories.
2. Please provide all supporting evidence in your possession that these Centres for National Resilience
are an essential part of National Infrastructure for managing quarantine of persons.
3. Please provide all supporting evidence in your possession relating to the use of these Centres for
National Resilience in the absence of a declared state of emergency.
4. Please provide all supporting evidence in your possession relating to the function of pipework
connecting to the ventilation systems in cabins including what would be connected to such pipework
once these cabins are installed in situ.
5. Please provide all supporting evidence in your possession relating to evacuation procedures of
cabin residents in the event of an emergency.
On 7 April 2022, Finance sent you a consultation notice under section 24AB of the FOI Act.
In this consultation notice, you were informed of the intention to refuse your request in
accordance with subsection 24AA(2) of the FOI Act. Specifically, because processing your
request would have involved an unreasonable diversion of resources from the other
operations of Finance.
On 8 April 2022, you revised your request to the following:
Please provide all supporting evidence in your possession relating to the function of
pipework, including gas piping connecting to the ventilation systems in cabins including
what would be connected to such pipework and its purpose once these cabins are installed in
situ.
One Canberra Avenue, Forrest ACT 2603 Telephone 02 6215 2222
Internet www.finance.gov.au
The purpose of this letter is to provide you with notice of my decision under the FOI Act.
Decision
Under subparagraph 24A(1)(b)(ii) of the FOI Act, an agency may refuse a request for access
to document(s) if the agency is satisfied that the document(s) does not exist. Accordingly, I
have decided to refuse your request.
Reason for Decision – No Documents
In making my decision, I have had regard to the following:
the terms of your FOI request;
searches for any relevant documents held within Finance;
the relevant provisions of the FOI Act; and
the FOI Guidelines issued by the Office of the Australian Information Commissioner
(FOI Guidelines).
In coming to my decision, I am satisfied that the relevant business area within Finance
conducted searches for the requested information, and does not hold documents relating to
your revised request. This is because the ventilation systems in the Centres for National
Resilience are self-contained for each individual accommodation module (or ‘cabin’).
Specifically, there is no ‘pipework’, as referred to in your request, connecting the ventilation
systems in accommodation modules to any external connection or ducting for any function.
Therefore, Finance does not have evidence relating to the ‘function of pipework, including
gas piping connecting to ventilation systems’ at the Centres for National Resilience.
Charges
I have decided that a charge is not payable in this matter.
Review and appeal rights
You are entitled to request an internal review or a review by the Office of the Australian
Information Commissioner of my decision. The process for review and appeal rights is set
out at Attachment A.
If you have any questions in regards to this request, please contact the FOI Team on the
above contact details.
Yours sincerely,
Approved for electronic transmission
Hew Atkin
Assistant Secretary
Quarantine Infrastructure Delivery
Department of Finance
22 April 2022
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ATTACHMENT A
Freedom of Information – Your Review Rights
If you disagree with a decision made by the Department of Finance (Finance) or the
Minister for Finance (Minister) under the
Freedom of Information Act 1982 (the FOI Act)
you can have the decision reviewed. You may want to seek review if you sought certain
documents and were not given full access, if you have been informed that there will be a
charge for processing your request, if you have made a contention against the release of
the documents that has not been agreed to by Finance or the Minister, or if your
application to have your personal information amended was not accepted. There are two
ways you can seek a review of our decision: an internal review (IR) by Finance or the
Minister, or an external review (ER) by the Australian Information Commissioner (IC).
Internal Review (IR)
Third parties
If, Finance or the Minister (we/our), makes a
Freedom of Information (FOI) decision that
If you are a third party objecting to a decision
you disagree with, you can seek a review of
to grant someone else access to your
the original decision. The review will carried
information, you must apply to the IC within
out by a different decision maker, usually
30 calendar days of being notified of our
someone at a more senior level.
decision to release your information.
Further assistance is locate
d here.
You must apply for an IR within 30 calendar
days of being notified of the decision or
Do I have to go through the internal
charge, unless we agree to extend your time.
review process?
You should contact us if you wish to seek an
No. You may apply directly to the OAIC for
extension.
an ER by the IC.
We are required to make an IR decision
If I apply for an internal review, do I
within 30 calendar days of receiving your
lose the opportunity to apply for an
application. If we do not make an IR decision
external review?
within this timeframe, then the original
decision stands.
No. You have the same ER rights of our IR
decision as you do with our original decision.
Review by the Australian
This means you can apply for an ER of the
Information Commissioner (IC)
original decision or of the IR decision.
The Office of the Australian Information
Do I have to pay for an internal review
Commissioner (OAIC) is an independent
or external review?
office who can undertake an ER of our
decision under the FOI Act. The IC can
No. Both the IR and ER are free.
review access refusal decisions, access grant
decisions, refusals to extend the period for
applying for an IR, and IR decisions.
If you are objecting to a decision to refuse
access to a document, impose a charge, or a
refusal to amend personal information, you
must apply in writing to the IC within 60
calendar days of receiving our decision.
How do I apply?
Can I appeal the Information
Commissioner’s external review
Internal review
decision?
To apply for an IR of the decision of either
Yes. You can appeal the Information
Finance or the Minister, you must send your
Commissioner’s ER decision to the
review in writing. We both use the same
Administrative Appeals Tribunal (AAT).
contact details, and you must send your
review request in writing.
There is a fee for lodging an AAT application
(as at 1 July 2021 it is $962).
In your written correspondence, please
include the following:
Further information is accessibl
e here.
a statement that you are seeking a review
The AAT’s number is 1800 228 333.
of our decision;
attach a copy of the decision you are
Complaints
seeking a review of; and
state the reasons why you consider the
original decision maker made the wrong
Making a complaint to the Office of the
decision.
Australian Information Commissioner
You may make a written complaint to the
Email: xxx@xxxxxxx.xxx.xx
OAIC about actions taken by us in relation to
your application.
Post: The FOI Coordinator
Legal and Assurance Branch
Further information on lodging a complaint is
Department of Finance
accessible
here.
One Canberra Avenue
FORREST ACT 2603
Investigation by the Commonwealth
Ombudsman
External review (Information
Commissioner Review)
The Ombudsman can also investigate
complaints about action taken by agencies
For an ER, you must apply to the OAIC in
under the FOI Act. However, if the issue
writing. The OAIC ask that you commence a
complained about either could be, or has been,
review by completing their online form
here.
investigated by the IC, the Ombudsman will
consult with the IC to avoid the same matter
Your application must include a copy of the
being investigated twice. If the Ombudsman
notice of our decision that you are objecting
decides not to investigate the complaint, then
to, and your contact details. You should also
they are to transfer all relevant documents and
set out why you are objecting to the decision.
information to the IC.
Email: xxxxx@xxxx.xxx.xx
The IC can also transfer a complaint to the
Ombudsman where appropriate. This could
Post: Office of the Australian Information
occur where the FOI complaint is only one
Commissioner
part of a wider grievance about an agency’s
GPO Box 5218
actions. You will be notified in writing if your
Sydney NSW 2001
complaint is transferred.
The IC’s enquiries phone line is
Complaints to the Ombudsman should be
1300 363 992.
made online
here.
The Ombudsman’s number is 1300 362 072.
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