FOIREQ22/00224
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- 3 -
My decision is to exempt in part the documents in the possession of the Department, which
fall within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B.
Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
Contacting the FOI Section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Melissa
Position number 60046995
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
• Attachment A – Decision Record
• Attachment B – Schedule of Documents
• Documents released to you under the FOI Act
FOIREQ22/00224
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- 6 -
(c)
it is reasonably practicable for the agency or Minister to prepare the edited
copy, having regard to:
(i)
the nature and extent of the modification; and
(ii)
the resources available to modify the document; and
(d)
it is not apparent (from the request or from consultation with the applicant) that
the applicant would decline access to the edited copy.
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a
document contains exempt information or material that is irrelevant to the request and it is
possible for the agency to prepare an edited copy of the document with the irrelevant or
exempt material deleted, then the agency must prepare such a copy.
This edited copy must be provided to the applicant. Further, the decision maker must advise
the applicant in writing that the edited copy of the document has been prepared and of the
reason(s) for each of the deletions in the document (s.22(3) of the FOI Act).
Exempt material is deleted pursuant to s.22(1)(a)(i) and irrelevant material is deleted
pursuant to s.22(1)(a)(i ) of the FOI Act.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(i ) of the FOI Act from the documents that form the scope of your request. You wil see
these exemptions in the documents released to you as they wil be clearly identified with ‘s
22 (1)(a)(i )’ however they wil not be individually noted in the Schedule of Documents.
s 22
FOIREQ22/00224
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s 22
FOIREQ22/00224
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- 8 -
s 22
FOIREQ22/00224
Page 96
s 22
Melissa
Position number 60046995
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00224
Page 97
Attachment B – Schedule of Documents
Client Details
s 22
Casselden Place 2 Lonsdale Street MELB OUR NE VIC 3001
GPO Box 241 MELB OURN E VIC 3001• Telep hone: 13 18 81• Website: w w w .homeaffairs.gov.au
FOIREQ22/00224
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s 22
Deemed refused decision
A ‘deemed refusal’ has occurred as the time for making a decision has expired on 22 April
2022 and you have not been given a notice of decision.
You have made an application for review of the deemed refusal decision with the Office of
the Australian Information Commissioner (OAIC). The OAIC has notified the Department that
the Information Commissioner will review the deemed refusal decision.
Revocation of deemed refused decision
Section 55G of the FOI Act allows for a revocation or variation of access refusal decision during
a review by the Information Commissioner (IC):
55G Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an
application under section 48 at any time during an IC review of the access
refusal decision if the variation or substitution (the revised decision)
would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister
makes the variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC
review application for the review of the varied or substituted
decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
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 Departmental records.
Information considered
In reaching my decision, I have considered the following:
• the
Freedom of Information Act 1982;
• the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
• the terms of your request;
• Departmental documents, (identified below);
FOIREQ22/00224
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- 3 -
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to exempt in part the documents in the possession of the Department, which
fall within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B. Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
Contacting the FOI Section If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
John
Position number: 6004 6997
FOI Decision Maker
Freedom of Information Victoria
E: xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
•
Attachment A – Decision Record
•
Attachment B – Schedule of Documents
•
Documents released to you under the FOI Act
FOIREQ22/00224
Page 114
Attachment A – Decision Record
Client Details
s 22
Scope of Request
s 22
Departmental records within scope
s 22
Casselden Place 2 Lonsdale Street Melbourne VIC 3000
GPO Box 241 MELBOURNE VIC 3001• Telephone: 13 18 81• Website: www.homeaffairs.gov.au
FOIREQ22/00224
Page 115
s 22
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 Departmental records.
Information considered
In reaching my decision, I have considered the following:
• the
Freedom of Information Act 1982;
• the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
• the terms of your request;
• Departmental documents, (identified above)
Reasons for decision
I have considered the documents within the scope of your request and applied exemptions in
part or in full as detailed in the Schedule of Documents. You should read the schedule in
conjunction with the reasons for exemption below.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff. This includes their
names, direct email addresses and also the mobile and direct work telephone numbers of
these staff. This material has therefore been removed under s 22 (1)(a)(ii) of the FOI Act
from the documents that form the scope of your request.
You will see these exemptions in the documents released to you as they will be clearly
identified with ‘s 22 (1)(a)(ii)’ however they will not be individually noted in the Schedule of
Documents.
FOIREQ22/00224
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- 6 -
22 Access to edited copies with exempt or irrelevant matter deleted (extract)
Scope
(1) This section applies if:
(a) an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(ii) that to give access to a document would disclose information that
would reasonably be regarded as irrelevant to the request for access;
and
(b) it is possible for the agency or Minister to prepare a copy (an edited copy)
of the document, modified by deletions, ensuring that:
(i) access to the edited copy would be required to be given under
section 11A (access to documents on request); and
(ii) the edited copy would not disclose any information that would
reasonably be regarded as irrelevant to the request; and
(c) it is reasonably practicable for the agency or Minister to prepare the edited
copy, having regard to:
(i) the nature and extent of the modification; and
(ii) the resources available to modify the document; and
(d) it is not apparent (from the request or from consultation with the applicant)
that the applicant would decline access to the edited copy.
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a
document contains exempt information or material that is irrelevant to the request and it is
possible for the agency to prepare an edited copy of the document with the irrelevant or
exempt material deleted, then the agency must prepare such a copy.
This edited copy must be provided to the applicant. Further, the decision maker must advise
the applicant in writing that the edited copy of the document has been prepared and of the
reason(s) for each of the deletions in the document (s.22(3) of the FOI Act).
Exempt material is deleted pursuant to s.22(1)(a)(i) and irrelevant material is deleted
pursuant to s.22(1)(a)(ii) of the FOI Act.
The schedule identifies documents where material has either been deleted as exempt
information under the FOI Act; or deleted as irrelevant to the scope of the request.
s 22
FOIREQ22/00224
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s 22
FOIREQ22/00224
Page 118
s 22
FOIREQ22/00224
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- 9 -
s 22
Yours sincerely
John
Position number: 6004 6997
FOI Decision Maker
Freedom of Information Victoria
E: xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00224
Page 120
Attachment B – Schedule of Documents
Client Details
s 22
s 22
Casselden Place 2 Lonsdale Street Melbourne VIC 3000
GPO Box 241 MELBOURNE VIC 3001• Telephone: 13 18 81• Website: www.homeaffairs.gov.au
FOIREQ22/00224
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s 22
FOIREQ22/00224
Page 122
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s 22
FOIREQ22/00224
Page 123
- 13 -
s 22
FOIREQ22/00224
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Revocation of deemed refused decision
Section 55G of the FOI Act allows for a revocation or variation of access refusal decision during
a review by the Information Commissioner (IC):
55G Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an
application under section 48 at any time during an IC review of the access
refusal decision if the variation or substitution (the revised decision)
would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister
makes the variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC
review application for the review of the varied or substituted
decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
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 Departmental records.
Information considered
In reaching my decision, I have considered the following:
• the
Freedom of Information Act 1982;
• the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
• the terms of your request;
• Departmental documents, (identified below);
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to exempt in part the documents in the possession of the Department, which
fall within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B.
Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act
FOIREQ22/00224
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- 3 -
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
Contacting the FOI Section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours Sincerely
Thomas
Position No: 60016894
FOI Officer | Freedom of Information Section
Department of Home Affairs
Email:xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
• Attachment A – Decision Record
• Attachment B – Schedule of Documents
• Documents released to you under the FOI Act
FOIREQ22/00224
Page 127
Attachment A – Decision Record
s 22
Scope of Request
Departmental records within scope
s 22
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 Departmental records.
Information considered
In reaching my decision, I have considered the following:
• the
Freedom of Information Act 1982;
• the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
• the terms of your request;
• Departmental documents, (identified above);
Reasons for decision
I have considered the documents within the scope of your request and applied exemptions in
part as detailed in the Schedule of Documents. You should read the schedule in conjunction
with the reasons for exemption below.
Casselden Place 2 Lonsdale Street Melbourne VIC 3000
GPO Box 241 MELBOURNE VIC 3001• Telephone: 13 18 81• Website: www.homeaffairs.gov.au
FOIREQ22/00224
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- 5 -
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staf engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(i ) of the FOI Act from the documents that form the scope of your request. You wil see
these exemptions in the documents released to you as they wil be clearly identified with ‘s
22 (1)(a)(i )’ however they wil not be individual y noted in the Schedule of Documents.
Please note that there are times that this same section of the FOI Act wil be used to remove
other material and this wil be in the Schedule of Documents with a clear explanation as to
what the material is.
s 22
Yours Sincerely
Thomas
Position No: 60016894
FOI Officer | Freedom of Information Section
Department of Home Affairs
Email:xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00224
Page 129
Attachment B – Schedule of Documents
Client Details
s 22
Casselden Place 2 Lonsdale Street Melbourne VIC 3000
GPO Box 241 MELBOURNE VIC 3001• Telephone: 13 18 81• Website: www.homeaffairs.gov.au
FOIREQ22/00224
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- 7 -
s 22
FOIREQ22/00224
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55G Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an application
under section 48 at any time during an IC review of the access refusal decision if the
variation or substitution (the revised decision) would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister makes the
variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC review application for
the review of the varied or substituted decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
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 Departmental records.
Information considered
In reaching my decision, I have considered the following:
• the
Freedom of Information Act 1982;
• the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
• the terms of your request;
• Departmental documents, (identified below)
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to release in full the documents in the possession of the Department, which
falls within the scope of your request. A list of the documents is below for your reference.
FOIREQ22/00224
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- 3 -
s 22
22 Access to edited copies with exempt or irrelevant matter deleted (extract)
Scope
(1)
This section applies if:
(a)
an agency or Minister decides:
(i) to refuse to give access to an exempt document; or
(ii) that to give access to a document would disclose information that
would reasonably be regarded as irrelevant to the request for access;
and
(b)
it is possible for the agency or Minister to prepare a copy (an edited copy) of
the document, modified by deletions, ensuring that:
(i) access to the edited copy would be required to be given under
section 11A (access to documents on request); and
(ii) the edited copy would not disclose any information that would
reasonably be regarded as irrelevant to the request; and
(c)
it is reasonably practicable for the agency or Minister to prepare the edited
copy, having regard to:
(i) the nature and extent of the modification; and
(ii) the resources available to modify the document; and
(d)
it is not apparent (from the request or from consultation with the applicant)
that the applicant would decline access to the edited copy.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(i ) of the FOI Act from the documents that form the scope of your request.
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
FOIREQ22/00224
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- 4 -
Contacting the FOI Section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Nicole
Position No. 60095088
FOI Officer | Freedom of Information Section
Department of Home Affairs
Email: xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
•
Documents released to you under the FOI Act
FOIREQ22/00224
Page 155
16 June 2022
s 22
Refugee Advice and Casework Service
30 Botany Street
RANDWICK NSW 2031
Sent via email:s 22
In reply please quote:
s 22
Dear s 22
Access Decision - Freedom of Information (FOI) request
s 22
(the applicant) has authorised you to receive, on their behalf,
correspondence about their Freedom of Information (FOI) request. Correspondence wil not
be sent directly to the applicant. In this letter, references to 'you' relate to the applicant.
This letter refers to an access request received by the Department of Home Affairs (‘the
Department’) under the
Freedom of Information Act 1982 (the FOI Act) on 11 March 2022,
seeking access to:
s 22
Timeframe for processing your request
The FOI Act provides a statutory period for processing your request of 30 calendar days,
unless an extension of time is agreed to, or provided for under a provision of the FOI Act.
According to section 15 of the FOI Act, the statutory timeframe for the processing of your
request expired on 10 April, 2022. The Department apologises for the delay in processing
your request.
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 Departmental records.
Casselden Place 2 Lonsdale Street Melbourne VIC 3000
GPO Box 241 MELBOURNE VIC 3001• Telephone: 13 18 81• Website: www.homeaffairs.gov.au
FOIREQ22/00224
Page 156
- 2 -
Information considered
In reaching my decision, I have considered the following:
• the
Freedom of Information Act 1982;
• the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
• the terms of your request;
• Departmental documents, (identified below);
Decision
The Department has identified one (1) file that falls within the scope of your request. This file
was in the possession of the Department on 11 March, 2022 when your request was
received.
My decision is to exempt in part the document(s) in the possession of the Department which
falls within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B.
Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act.
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 online at
www.oaic.gov.au .
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
Contacting the FOI Section
If you wish to discuss this matter, I can be contacted using the details provided below.
Contacting the Department
You can contact us with an enquiry in a number of ways including by email, through our
website; by telephone, through our Service Centres or offices around the world, or in person.
In Australia you can call 13 18 81 between 8:30 am and 4:30 pm Monday to Friday. Details
on submitting a webform, or contacting our offices outside Australia are available on our
website at www.homeaffairs.gov.au.
Yours sincerely
Holly
Position number: 60107420
FOI Decision Maker
Freedom of Information Melbourne
xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
•
Attachment A – Decision Record
•
Attachment B – Schedule of Documents
•
Documents released to you under the FOI Act
FOIREQ22/00224
Page 158
- 4 -
(i) to refuse to give access to an exempt document; or
(ii) that to give access to a document would disclose information that
would reasonably be regarded as irrelevant to the request for access;
and
(b) it is possible for the agency or Minister to prepare a copy (an edited copy)
of the document, modified by deletions, ensuring that:
(i) access to the edited copy would be required to be given under
section 11A (access to documents on request); and
(ii) the edited copy would not disclose any information that would
reasonably be regarded as irrelevant to the request; and
(c) it is reasonably practicable for the agency or Minister to prepare the edited
copy, having regard to:
(i) the nature and extent of the modification; and
(ii) the resources available to modify the document; and
(d) it is not apparent (from the request or from consultation with the applicant)
that the applicant would decline access to the edited copy.
Section 22(2) of the FOI Act provides that, where an agency reaches the view that a
document contains exempt information or material that is irrelevant to the request and it is
possible for the agency to prepare an edited copy of the document with the irrelevant or
exempt material deleted, then the agency must prepare such a copy.
This edited copy must be provided to the applicant. Further, the decision maker must advise
the applicant in writing that the edited copy of the document has been prepared and of the
reason(s) for each of the deletions in the document (s.22(3) of the FOI Act).
Exempt material is deleted pursuant to s.22(1)(a)(i) and irrelevant material is deleted
pursuant to s.22(1)(a)(i ) of the FOI Act.
I have decided that parts of the documents would disclose information that could reasonably
be regarded as irrelevant to your request. This information consists of irrelevant internal
communication not related to you.
The schedule identifies documents where material has either been deleted as exempt
information under the FOI Act; or deleted as irrelevant to the scope of the request.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staf engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(i ) of the FOI Act from the documents that form the scope of your request.
You wil see these exemptions in the documents released to you as they wil be clearly
identified with ‘s 22 (1)(a)(i )’ however they wil not be individual y noted in the Schedule of
Documents.
s 22
FOIREQ22/00224
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- 5 -
s 22
FOIREQ22/00224
Page 160
- 6 -
s 22
FOIREQ22/00224
Page 161
- 7 -
s 22
Holly
Position number: 60107420
FOI Decision Maker
Freedom of Information Melbourne
xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00224
Page 163
- 9 -
s 22
FOIREQ22/00224
Page 165
- 2 -
55G Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an
application under section 48 at any time during an IC review of the access
refusal decision if the variation or substitution (the revised decision)
would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note: When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister
makes the variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC
review application for the review of the varied or substituted
decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
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 Departmental records.
Information considered
In reaching my decision, I have considered the following:
• the
Freedom of Information Act 1982;
• the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
• the terms of your request;
• Departmental documents, (identified below);
Revised decision
The Department has identified the documents that fall within the scope of your request.
My decision is to exempt in part the documents in the possession of the Department, which
fall within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B. Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
FOIREQ22/00224
Page 166
- 3 -
Contacting the FOI Section If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Melissa
Position number 60046995
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
• Attachment A – Decision Record
• Attachment B – Schedule of Documents
• Documents released to you under the FOI Act
FOIREQ22/00224
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- 6 -
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staff engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(ii) of the FOI Act from the documents that form the scope of your request. You will see
these exemptions in the documents released to you as they will be clearly identified with ‘s
22 (1)(a)(ii)’ however they will not be individually noted in the Schedule of Documents.
s 22
FOIREQ22/00224
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s 22
FOIREQ22/00224
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s 22
Melissa
Position number 60046995
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00224
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- 3 -
In light of your review request, I have undertaken the following steps:
s 22
2. I have conducted further searches of departmental systems in attempting to identify and
locate the documents relevant to your request. However, an extensive search of
departmental systems has returned nil records
s 22
4. In regard 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 documents do not exist.
5. I am satisfied that the Department has undertaken reasonable searches for documents
relevant to your request, and that no documents were in the possession of the Department
on 30 August 2021 when your FOI request was received. As such I am refusing access to
the documents requested by you based on the application of section 24A of the FOI Act.
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
Contacting the FOI Section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Danica
Position no: 60029640
FOI Section
FOI and Records Management Branch
Data Division
Strategy & Law Enforcement Group
Email:
xxx.xxx@xxxxxxxxxxx.xxx.xx
Department of Home Affairs l
FOIREQ22/00224
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(1) An agency or Minister may vary (or set aside and substitute) an access
refusal decision (the original decision) in relation to a request or an
application under section 48 at any time during an IC review of the access
refusal decision if the variation or substitution (the revised decision)
would have an effect of:
(a) giving access to a document in accordance with the request; or
(b) relieving the IC review applicant from liability to pay a charge; or
(c) requiring a record of personal information to be amended or
annotated in accordance with the application.
Note:
When making the revised decision, a consultation requirement under
section 26A (documents affecting Commonwealth-State relations etc.), 27 (business
documents) or 27A (documents affecting personal privacy) may apply.
(2) If an agency or Minister varies (or sets aside and substitutes) an access
refusal decision under subsection (1):
(a) the agency or Minister must, in writing, notify the Information
Commissioner as soon as practicable after the agency or Minister
makes the variation or substitution; and
(b) the Information Commissioner must deal with the IC review
application for review of the original decision as if it were an IC
review application for the review of the varied or substituted
decision, subject otherwise to this Part.
I have now set aside the deemed refusal decision and substitute it with a revised decision
under section s55G(1)(a) of the FOI Act as set out below.
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 Departmental records.
Information considered
In reaching my decision, I have considered the following:
• the
Freedom of Information Act 1982;
• the Australian Information Commissioner’s FOI guidelines relating to access to
documents held by government;
• the terms of your request;
• Departmental documents, (identified below);
Revised decision
The Department has identified the documents that fal within the scope of your request.
My decision is to exempt in part the documents in the possession of the Department, which
fall within the scope of your request. The reasons for my decision are set out in
Attachment A.
The Schedule of Documents that falls within the scope of your request is at
Attachment B.
Read together the Decision Record and Schedule sets out the decision on access and where
appropriate refers to various sections of the FOI Act
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the Department has handled your request under the FOI Act. Information about how to
submit a complaint is available at www.oaic.gov.au .
FOIREQ22/00224
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Contacting the FOI Section
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Rosemary
Position number 60016897
Freedom of Information Section
Department of Home Affairs
Email: xxx.xxx@xxxxxxxxxxx.xxx.xx
Attachments
• Attachment A – Decision Record
• Attachment B – Schedule of Documents
• Documents released to you under the FOI Act
FOIREQ22/00224
Page 195
(d)
it is not apparent (from the request or from consultation with the applicant) that the
applicant would decline access to the edited copy.
A number of documents contain information that is exempt under one or more sections of the
FOI Act. I am able to provide you with an edited copy of those documents under section
22(1)(b). You can identify those documents in the Schedule of Documents with the words
‘Exempt in part’ or ‘Refused in part’ in the decision column.
In your acknowledgement letter, you were advised of the Department’s policy to consider
irrelevant to the scope of your request the personal details of staf engaged in some roles.
This includes their names, direct email addresses and also the mobile and direct work
telephone numbers of these staff. This material has therefore been removed under s 22
(1)(a)(ii) of the FOI Act from the documents that form the scope of your request.
s 22
FOIREQ22/00224
Page 196
s 22
Rosemary
Position number 60016897
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
9 Wentw orth Street Parr am atta NSW 2150
GPO Box 9984 SYDNE Y NSW 2001• Telephone: 13 18 81• Website: w w w .homeaffair s. gov . au
FOIREQ22/00224
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Attachment B – Schedule of Documents
s 22
9 Wentworth Street Parr am atta NSW 2150
GPO Box 9984 SYDNE Y NSW 2001• Telephone: 13 18 81• Website: w w w .homeaffairs. gov . au
FOIREQ22/00224
Page 217
5 July 2022
s 22
s 22
By email: s 22
Dear s 22
,
Your Information Commissioner Review – Section 55G Decision Letter
I refer to your FOI request (references 22
) dated 26 October 2020, seeking access to the
fol owing documents under the
Freedom of Information Act 1982 (the
FOI Act):
‘I request under FOI a list of the fees paid by Comcare for legal services
-
Itemised by the name of the legal practice, or recipient of the funds
-
For the last 6 financial years 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019,
2019- 2020.’
Clarification of Scope and Initial Information Commissioner Review
On 26 October 2020, Comcare acknowledged receipt of your request and requested further
clarification on the scope of your request.
On 27 October 2020, you advised us that you were seeking the fol owing documents:
‘The fees Comcare pays to engage its external legal providers (including the name of each
legal provider and the amount paid)’
On 3 November 2020, you further clarified the scope of your request, advising that you are seeking
both the professional and disbursement costs (separately) in relation to the above.
On 11 May 2021, the Office of the Australian Information Commissioner (
OAIC) advised Comcare
that you sought Information Commissioner (
IC) review of Comcare’s decision to refuse access to the
documents you have requested.
On 7 February 2022, Comcare provided the OAIC with a copy of the section 55G letter where the
decision to refuse access was set aside, and a revised decision was provided. The revised decision
gave you partial access to the documents you requested with the exception of the two legal firms
who objected to the release of their business information under section 47G of the FOI Act.
1
FOIREQ22/00224
Page 218
Subsequent Information Commissioner Review
On 14 April 2022, Comcare was informed by the OAIC that you requested a review of the initial
section 55G decision made on 7 February 2022. After reconsidering our initial section 55G letter, we
have further revised the decision, as provided to you below.
My Decision
I am authorised under section 23 of the FOI Act to make decisions in relation to FOI requests. I am
issuing this decision under section 55G of the FOI Act which stipulates that an agency has the ability
to set aside or substitute the original decision during the time of an IC review by giving access to a
document in accordance with the request.
Comcare has identified six documents, total ing six pages that relate to the scope of your request. I
have decided to grant you ful access to the documents.
Third party consultation
On 20 November 2020, Comcare advised you that in certain circumstances the timeframe of
processing an FOI request may change such as if the agency is required to consult a third party due
to their information being included in the requested documents.
Under section 27 of the FOI Act, Comcare consulted with third parties as it formed the view that
those third parties may reasonably wish to make a contention that the document or parts of the
document should be exempt under the FOI Act.
In response to Comcare’s consultation request, two of the third parties provided submissions
objecting to the release of the document. In accordance with subsections 27(4) and (7) of the FOI
Act, Comcare cannot provide you access to the document until the third parties have had the
opportunity to request a review or appeal in relation to the decision.
I will allow 30 days for the third party to respond to my notice that the documents wil be released
regardless of their objection. If the third party does not seek internal or Information Commissioner
review, then the document wil be provided to you 30 days from when the third party is notified of
this decision.
Review rights
The OAIC is currently conducting an IC review of Comcare’s decision to refuse access to the
documents requested. Under section 55G(2)(b) of the FOI Act, the IC must deal with your IC review
application as if it were an IC review application of this Substituted Decision.
Please contact the IC if you require further information in relation to the IC review process.
Further assistance
If you have any questions please email xxx@xxxxxxx.xxx.xx or phone me on 1300 366 979.
Yours sincerely,
Sam
Statutory Oversight Officer
2
