FOIREQ22/00224
Page 229
- 2 -
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
Page 230
- 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
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 232
- 5 -
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.
Please note that there are times that this same section of the FOI Act will be used to remove
other material and this will be in the Schedule of Documents with a clear explanation as to
what the material is.
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.
FOIREQ22/00224
Page 233
- 6 -
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.
I have decided that parts of the file/document would disclose information that could
reasonably be regarded as irrelevant to your request.
This information consists of third
party names not associated with your application.
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
Page 234
- 7 -
s 22
FOIREQ22/00224
Page 235
- 8 -
s 22
FOIREQ22/00224
Page 236
- 9 -
s 22
FOIREQ22/00224
Page 237
- 10 -
s 22
FOIREQ22/00224
Page 238
- 11 -
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 239
Attachment B – Schedule of Documents
Client Details
s 22
s 22
Casselden Place 2 Lonsdale Street Melbourne VIC 3000
GPO Box 241 MELBOURN E VIC 3001• Telephone: 13 18 81• Website: w w w .homeaffairs.gov.au
FOIREQ22/00224
Page 240
s 22
Casselden Place 2 Lonsdale Street Melbourne VIC 3000
GPO Box 241 MELBOURN E VIC 3001• Telephone: 13 18 81• Website: w w w .homeaffairs.gov.au
FOIREQ22/00224
Page 241
- 14 -
s 22
FOIREQ22/00224
Page 242
30 May 2022
s 22
Refugee and Immigration Legal Service (RAILS)
PO Box 5143
WEST END QLD 4101
Sent by email: s 22
In reply please quote:
s 22
Dear s 22
Freedom of Information request – Revised decision
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 24 February 2022,
seeking access to:
s 22
Deemed refused decision
A ‘deemed refusal’ has occurred as the time for making a decision has expired on 24
February 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 wil review the deemed refusal decision.
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
Page 243
- 2 -
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 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.
s 22
FOIREQ22/00224
Page 244
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.
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).
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 .
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
• Documents released to you under the FOI Act
FOIREQ22/00224
Page 246
- 2 -
(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
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
FOIREQ22/00224
Page 247
- 3 -
Attachments
• Attachment A – Decision Record
• Attachment B – Schedule of Documents
• Documents released to you under the FOI Act
FOIREQ22/00224
Page 249
- 5 -
(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).
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.
s 22
FOIREQ22/00224
Page 250
s 22
FOIREQ22/00224
Page 251
- 7 -
s 22
Melissa
Position number 60046995
Freedom of Information Section
Department of Home Affairs
Email : xxx.xxx@xxxxxxxxxxx.xxx.xx
FOIREQ22/00224
Page 252
Attachment B – Schedule of Documents
Client Details
s 22
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
