12 July 2022
Jay
BY EMAIL:  xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:  FA 22/06/00381
File Number:
OBJ2022/14524
Dear Jay,
Freedom of Information (FOI) request - Access Decision
On 07 June  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 document:

We would like to at least know how s56 requests are managed as there have been cases
where  s56 was requested (health PCC checks) and there is no follow up until the checks
have expired / no decision.

Please at least highlight any policies or guidance provided to the visa processing
officers when handling s56 cases to avoid such cases, as there are costs involved to
the applicant due to such delays. If there are any QC/ checks or mechanisms in place to
avoid such occurrence, please also highlight it.
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 FOI Act
•  Guidelines published by the Office of the Information Commissioner under section
93A of the FOI Act (the FOI Guidelines)

2 Lonsdale Street Melbourne VIC 3000
PO Box 241 Melbourne VIC 3001 • Telephone: 03 8682 2452 • Fax:  • www.homeaffairs.gov.au

•  advice from Departmental officers with  responsibility for  matters relating to the
document to which you sought access

4
Document in scope of request
The Department has undertaken reasonable searches in relation to the documents you
have requested access to and finds no documents of relevance to scope.
The Department can advise the following:
A delegate may (but is not obliged to) invite a person to give additional information. If a delegate
gets additional information in response to an invitation, the delegate must, as a matter of law,
consider that information.
An invitation to give additional information may be given to third parties. Delegates should
consider whether information obtained from third parties must be put to an applicant for comment.
An invitation to an applicant to give additional information may be given orally or in writing.
Section 56 of the Act provides that when considering an application for a visa the decision
maker, if they want to, may get any information relevant. This includes the discretion to invite
an applicant to provide additional information in a specified way. Section 58 provides that the
invitation must specify the method the applicant is to use to respond to the request for further
information, and to specify the time period applicable to the circumstance under s58.
Section 56 of the Act enables the Minister to obtain any information that they consider relevant
for the purpose of considering a visa application.
There is no obligation to obtain information if the delegated decision maker considers that there
is sufficient information to enable a decision to be made on the visa application. As a general
guide, if the decision maker thinks that obtaining additional information would assist in
assessing whether or not the applicant meets all the criteria for the grant of the visa, it would be
reasonable and appropriate for the decision maker to exercise their discretionary power under
s56 to get the additional information.
Although there is no obligation to obtain information, if the decision maker does decide to
obtain additional information under s56 and gets the information, the decision maker must take
the additional information so obtained into consideration when making a decision on the visa
application.
It is important for decision makers to be aware that a request for or invitation to give additional
information under s56 does not necessarily have to involve a formal request/invitation (whether
by telephone or in writing). For example, a statement made by a decision maker during an
interview with the applicant that the applicant may provide a document may, in certain
circumstances and depending on how the statement is made, be construed as an invitation to
give information under s56 (so as to attract the prescribed response period under
regulation 2.15).

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5
Decision
The decision in relation to the documents in the possession of the Department which fal
within the scope of your request is as follows:
•  Refuse access in full
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.  As such I  am  refusing
access to the document based on the application of section 24A(1)(b)(i ) 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
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
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.

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Signed electronically

Glen
Position number 60081621
Authorised Decision Maker | Freedom of Information Section
FOI and Records Management Branch
Data Division | Strategy and National Resilience Group
Department of Home Affairs

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Document Outline