29 August 2022
BY EMAIL: firstname.lastname@example.org
In reply please quote:
FOI Request: FA 22/08/00075
File Number: ADF2020/61138
Freedom of Information (FOI) request - Access Decision
On 30 July 2022, the Department of Home Af airs (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.
You have requested access to the following documents:
EOIs that were issued an invitation to apply for a subclass 190 and 491 visa nominated by the
Queensland government in the period between 01/01/2020 -30/06/2022, showing:
a. EOI submission date
b. ANZSCO code of occupation
c. occupation name
d. total points
e. primary applicant's English proficiency f. date of invitation
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.
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 Of ice 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
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.homeaffairs.gov.au
Document in scope of request
The Department has consulted with the relevant area of the business in relation to the documents
you have requested access to and finds no relevant document holdings.
The Department does not hold an existing discrete document that contains the data you are seeking.
The Department has considered whether it can extract this data 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 (Collection Point Pty Ltd v Commissioner of Taxation
 FCAFC 67
The Department’s ordinary use of computer systems includes measures to provide the public with
access to Expression of Interest (EOI) data. The Department maintains a dashboard on its
Skil Select website to provide regular updates on EOI data:
To compile the information you have requested into a discrete document would require that
additional and extraordinary measures be undertaken. 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.
The data you have requested is of a detail that cannot be reported on from the Department’s
computer systems. Either the data is not collected to that level of detail, or it is not possible to extract
the data using a computer system in a manner that is ordinarily available to it.
I am satisfied that the Department is not able to produce a written document containing the
information you seek in your request in a discrete form using a computer or other equipment
ordinarily available to it.
Having regard to your request and the types of document 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.
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 your request and
that no documents were in the possession of the Department on 30 July 2022 when your FOI request
was received. As such, I am refusing your request based on the application of section 24A of the
- 2 –
A copy of the FOI Act is available at https://www.legislation.gov.au/Series/C2004A02562.
are unable to access the legislation through this website, please contact our office for a copy.
Your Review Rights
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: email@example.com
By mail to:
Freedom of Information Section
Department of Home Af airs
PO Box 25
BELCONNEN ACT 2617
Review by the Office of the Australian Information Commissioner
You may apply directly to the Of ice 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-
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)
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.
- 3 –
Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
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 Af airs
- 4 –