4 July 2022
Jay
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 22/06/00012
File Number: OBJ2022/13437
Dear Jay
Freedom of Information (FOI) request – Notice of charge decision following applicant
contention that charge be reduced or not imposed (s 29(8)) On 30 May 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).
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Scope of request
You have requested access to the following documents:
Please provide some monthly data in relation to the number of applications on hand, grants
and refusals for different processing offices for onshore partner visa applications (820/801)
for migration year 2021/2022 up to present
Following consultations under s.24AB of the Act, on 1 June 2022, the scope of your request was
revised to:
Please provide some monthly data in relation to the number of applications on hand, grants
and refusals for different processing offices for onshore partner visa applications (820/801)
for migration year 2021/2022 up to present [for the following processing offices]
:
Brisbane
Melbourne
Perth
Canberra
Darwin
Hobart
Adelaide
Sydney
On 16 June 2022 the Department wrote to you to advise you that a preliminary assessment had
been made that you were liable to pay a charge of
$27.50 for the processing of this FOI request.
On 16 June 2022 you requested a full waiver of the charges. You stated in your response to the
charge notice that ‘
the information is important to the public to keep the Department accountable’.
This letter provides my decision on your request.
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6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • w ww.homeaffairs.gov.au
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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
Decision on waiver or reduction of charges
I have decided not to vary the original assessment of the charge. The amount you are liable to pay
is
$27.50. The reason for my decision under s 29(4) is set out below.
Reasons for my decision
I have considered the following:
• whether payment of the charge, or part of it, would cause financial hardship to the applicant or
a person on whose behalf the application was made, and/or
• whether giving access to the document in question is in the general public interest or in the
interest of a substantial section of the public; and
• The argument you have put forward in your email dated 16 June 2022.
I have determined that the disclosure of the document in question is not in the interest of the general
public, or in the interest of a substantial section of the public because the data to be disclosed is
primarily of interest only to the applicant and a limited section of the general public. The document
would not contribute to a matter of public debate or to a decision by government.
Under s29(5)(a) I have determined that payment of the charge would not cause financial hardship.
The reasons for this conclusion are that you did not contend that the payment of the charge, or part of
it, would cause financial hardship, or provide any evidence to support waiving the payment charge.
Financial hardship exists when payment of the debt would leave you unable to provide food,
accommodation, clothing, medical treatment, education or other necessities for yourself or other
people dependent on you. Evidence of financial hardship would consist of a pension or income
support payment or income.
For the above reasons I have decided not to vary the original assessment of the charge.
Next steps in processing your request
As the charge exceeds $25, you must pay a deposit of $20, (in accordance with regulation 12 of
the
Freedom of Information (Charges) Regulations 1982 (the FOI Charges Regulations).
The deposit wil be refunded if the Department fails to make a decision on your request within the
statutory time limit.
Please note that if you choose to pay the deposit only, while the Department wil be under an
obligation to provide you with the decision by the due date, the documents wil not be provided until
you have paid the balance of the charges (s.11A(1)(b) of the Act and Regulation 11 of the FOI
Charges Regulations).
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How to pay the charge
You may pay by using the online payment facility for credit/debit cards; automated telephone
payment system and BPay. You may also pay the charge by cheque or money order.
Electronic funds transfer/credit card payment
If you wish to pay the charges using a credit card, the online payment facility, telephone payment
system or BPay, please refer to the tax invoice which wil include full details of how the payment
can be made.
The deposit can be paid by cheque, money order or credit card. Cheques and money orders
should be made payable to "Collector of Public Monies DIBP" and sent to:
Freedom of Information Section
Department of Home Affairs
PO Box 25
BELCONNEN ACT 2616
Time in which to respond
Under the Act you have 30 days from the date of this notice to provide the Department with a
response to my decision and either agree to pay the charges or seek an internal review of my
decision. Your full review rights are set out in the next section, headed ‘Review Rights’.
Therefore, you must provide the Department with a written response as to how you wish to
proceed by close of business
Wednesday, 3 August 2022.
Review rights
Internal review
If you disagree with my decision, you have the right to apply for an internal review by the
Department my decision. Any request for internal review must be provided to the Department by
the date set out above. Where possible please attach reasons why you believe 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 t
o: 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 my decision. You must apply in writing within 60 days of this notice. For further
information about review rights and how to submit a review request to the OAIC, please see FOI
fact sheet 12 ‘
Freedom of information – Your review rights’, available onli
ne at www.oaic.gov.au .
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How to make a complaint about the handling of this FOI request
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.
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
Lynette
Position number: 60025562
Authorised FOI Officer
FOI and Records Management Branch | Data Division
Strategy and National Resilience Group
Department of Home Affairs
E:
xxx@xxxxxxxxxxx.xxx.xx
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Document Outline
