
Our ref:
FOI22/222; CM22/36826
15 September 2022
Mr John Smith
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
Freedom of Information Request FOI22/222 – Decision letter
The purpose of this letter is to give you a decision about your request for access to documents under
the
Freedom of Information Act 1982 (the FOI Act) which you submitted to the Attorney-General's
Department (the department).
Your request
On 25 August 2022, you requested access under the FOI Act to:
The titles and delivery dates of all final reports delivered to or produced by the Attorney-
General's Department or those contracted by the Department, since 1 January 2010, that
comment on voluntary palliative sedation (VPS), or voluntary stopping of eating and drinking
(VSED) (not case sensitive).
To be clear, I am not requesting the title page, I am instead requesting the title/names of
reports. This should be no more than a few words for each relevant document.
On 26 August 2022, the department acknowledged your request. A decision in relation to your
request is due on 26 September 2022.
My decision
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to freedom of
information requests made to the department.
In making my decision, I have taken the fol owing into account:
• the terms of your request
• advice provided to me by officers with responsibility for matters to which your request
relates
• the provisions of the FOI Act, and
• the Guidelines issued by the Australian Information Commissioner (the Guidelines).
Section 24A of the FOI Act relevantly provides that a
n agency or Minister may refuse
a request for
access to a
document if al reasonable steps have been taken to find the document and the agency is
satisfied that the document:
• is in the agency’s possession but cannot be found, or
• does not exist.

When considering a decision to refuse access under s 24A of the FOI Act, the Guidelines relevantly
provide at paragraph 3.89 that an agency or minister should take comprehensive steps to locate
documents, having regard to:
• the subject matter of the documents
• the agency’s current and past file and record management systems and the practice of
destruction or removal of documents
• the individuals within an agency or minister’s office who may be able to assist with the
location of documents, and
• the age of the documents.
To identify the documents for your request, I arranged for staff likely to be able to identify
documents to undertake comprehensive searches of relevant departmental information holdings. In
particular, staff members from the department’s Transparency and Criminal Law branch and
Freedom of Information and Privacy section interrogated the department’s records management
systems using search terms which were developed with reference to the information provided in the
scope of your request. Despite these efforts, no relevant documents were identified.
Having regard to the above, I am satisfied that reasonable steps to locate the documents to which
you have sought access were undertaken. I am also satisfied that no documents within the scope of
your request were found within the department’s records holdings. I have therefore decided to
refuse access pursuant to s 24A of the FOI Act.
Additional information
Your review rights under the FOI Act are set out at
Attachment A to this letter.
If you wish to discuss this decision, the FOI case officer for this matter is Dana, who can be reached
on (02) 6141 6666 or by email to
xxx@xx.xxx.xx.
Yours sincerely
Sam Tse
Senior Legal Officer
Freedom of Information and Privacy Section
Attachments
Attachment A:
Review rights
Freedom of Information request FOI22/222 – Decision letter
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Attachment A - FOI Review rights If you are dissatisfied with the decision of the department, you may apply for internal review or
Information Commissioner review of the decision.
The department encourages applicants to consider seeking internal review as a first step as it may
provide a more rapid resolution of your concerns.
Internal review
Under section 54 of the
Freedom of Information Act 1982 (FOI Act), applications for internal review
must be made in writing within 30 days of the date of the decision letter, and be lodged in one of
the following ways:
email:
xxx@xx.xxx.xx
post: Freedom of Information and Privacy Section
Strategy and Governance Branch
Attorney-General’s Department
3-5 National Circuit BARTON ACT 2600
An officer of the department other than the officer who made the original decision will complete the
internal review within 30 days of receipt of your request.
Providing reasons you believe internal review of the decision is necessary will facilitate the
completion of the internal review.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to
review my decision. An application for review by the Information Commissioner must be made in
writing within 60 days of the date of the decision letter, and be lodged in one of the following ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_10
email:
xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney NSW 2001
More information about Information Commissioner review is available on the Office of the
Australian Information Commissioner website. Go to
https://www.oaic.gov.au/freedom-of-
information/reviews-and-complaints/information-commissioner-review/.
FOI Review rights
Freedom of Information request FOI22/222 – Decision letter
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