5 May 2022
Mr M Romei
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 22/04/00554
File Number:
OBJ2022/8958
Dear Mr Romei
Freedom of Information (FOI) request – Access Decision
On 8 April 2022, 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:
Under FOI Act I would like to request a copy of the list of approval of places for use
as Alternative Places of Detention (APOD), used for immigration detention
purposes. I believe knowledge of these sites, where they have been, and are
currently located, is of vital public importance.
Please include all reports published in the past, and any new material that might be
available under this Freedom of Information request.
On 12 April 2022 you agreed to revise the scope of your request to:
A copy of the list of approval of places for use as Alternative Places of Detention
(APOD) from a date range of 2001 - 2022.
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 documents or to amend or annotate records.
6 Chan Street Belconnen ACT 2617
P O Boc 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • www.homeaffairs.gov.au
3
Relevant material
In reaching my decision I referred to the following:
• 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
documents to which you sought access
4
Documents in scope of request
The Department has undertaken reasonable searches in relation to the documents you have
requested access to in its document holdings and records management systems.
The Department does not hold an existing discrete document, a ‘list’, that contains the data you
are seeking.
The Department has considered whether it can extract the data requested in accordance with
section 17(1) of the FOI Act.
The obligation for retrieving or collating information stored in a computer system arises if:
• the Department could produce a written document containing the information using
a computer or other equipment that is ordinarily available to the agency for retrieving
or collating stored information, and
• producing a written document would not substantially and unreasonably divert the
resources of the agency from its other operations (s17(2))
In
Collection Point Pty Ltd v Commissioner of Taxation the full bench of the Federal Court decided
that if a new computer program is required to be written to produce the document then a computer
is not being used in a manner that is ordinarily available to the agency because an extraordinary
step is required to be taken.1
To compile the information you have requested into a discrete document would require a manual
search of each relevant individual records and manual collation of the results. This is not what
section 17 of the FOI Act requires. Section 17 only requires a new document to be created when
it is possible to do so using a computer or other equipment to extract data. It is not possible to
generate a document containing the information you have requested.
I am satisfied that the Department is not able to produce a written document containing the
information you seek in a discrete form using a computer or other equipment ordinarily available
to it.
Having regard to your request and the types of documents that may fall within the scope of your
request, I am satisfied that the searches conducted were extremely thorough and all reasonable
steps have been taken to locate any document relevant to your request.
1
Collection Point Pty Ltd v Commissioner of Taxation [2013] FCAFC 67 [20].
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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 and that no documents were in the possession of the Department on 8 April 2022 when
your FOI request was received. I am also satisfied that the Department is not able to produce
a discrete document in accordance with section 17 of the FOI Act. As such, I am refusing your
request based on the application of section 24A of the FOI Act.
The decision in relation to the documents in the possession of the Department which fall within
the scope of your request is as follows:
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 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/.
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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]
Vythees
Position number: 60141911
Authorised Decision Maker
Department of Home Affairs
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