2 November 2022
Ira
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 22/09/01523
File Number:
OBJ2022/26080
Dear Ira
Freedom of Information (FOI) request – Access Decision
On 27 September 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).
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
1
Scope of request
You have requested access to the following document:
1. Number of skil ed - Nominated (subclass 190) applications on hold for Solicitor
(ANZSCO Code: 271311) as of today.
2. Number of invited skil ed - Nominated (subclass 190) applicants for Solicitor
(ANZSCO Code: 271311) by salary, score and state from 1 July 2022 to today.
3. Number of skil ed - Nominated (subclass 190) applications on hold for Judicial
and Other Legal Professionals (ANZSCO Code: 271299) as of today.
4. Number of invited skil ed - Nominated (subclass 190) applicants for Judicial and
Other Legal Professionals (ANZSCO Code: 271299) by salary, score and state
from 1 July 2022 to today.
2
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.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • www.homeaffairs.gov.au
3
Relevant material
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 Office 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
4
Document in scope of request
In accordance with section 17 of the FOI Act, the Department has used its computer system to
produce one document that contains information that falls within the scope of parts 1 and 3 of
your request. The data produced in the document existed in the possession of the Department
on 27 September 2022 when your FOI request was received.
In relation to parts 2 and 4 of your request, the information you seek can be found on the
Department’s web page, at:
https://api.dynamic.reports.employment.gov.au/anonap/extensions/hSKLS02_Skil Select_EOI_
Data/hSKLS02_Skil Select_EOI_Data.html
5
Decision
The decision in relation to the document in the possession of the Department which falls within
the scope of your request is as follows:
• Release one document in full
• In relation to parts 2 and 4 of your request, my decision is to refuse access on the
basis that the information is publicly available.
6
Reasons for Decision
Detailed reasons for my decision in relations to parts 2 and 4 are set out below.
Section 4(1)(d) of the FOI Act provides that a document for the purpose of the FOI Act does not
include material maintained for reference purposes that is otherwise publically available.
The information you have requested access to is publicly available at the address provided
above.
I therefore consider that you are not entitled to access this document under the FOI Act, based
on the application of section 4(1)(d) of the FOI Act.
7
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Series/C2004A02562. If you
are unable to access the legislation through this website, please contact our office for a copy.
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8
Your Review Rights
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 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
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-
commissioner-review/.
9
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)
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.
10 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
[signed electronically]
Lynette
Position number - 60025562
FOI Officer | Freedom of Information Section
FOI and Records Management Branch | Legal Group
Department of Home Affairs
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