4 November 2022
Rowan O'Hara
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 22/10/00341
File Number:
OBJ2022/26955
Dear Rowan O'Hara
Freedom of Information (FOI) request – Access Decision
On 5 October 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:
I am an Australian citizen residing in Denmark and interested to know if I can access a
[1] list of accredited sponsors [2] for the years 2021, 2022 and 2023 if possible. Ideally,
schools and early childhood settings across Australia that have the capacity to sponsor
482 visa holders (private and public settings). Any information would be greatly
appreciated.
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.
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
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • www.homeaffairs.gov.au
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 part [1] of your
request. The data produced in the document existed in the possession of the Department on 5
October 2022 when your FOI request was received.
In relation to part [2] of your request for data covering the years 2021-2023, for schools and early
childhood settings, and sponsorship of 482 visa holders, the Department has undertaken
reasonable searches for the document you have requested access to but does not hold an
existing discrete document that contains the specific breakdown of data you are seeking. In
summary, the searches included interrogation of standard record-keeping systems.
The Department has considered whether it can extract the 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.1
To compile the information you have requested into a discrete document would require a manual
search of each relevant individual record. 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. It is not possible to generate a document
containing the information you have requested.
I am satisfied that the Department is not able to produce a written document containing the data
you seek in relation to part [2] of your request for data covering the years 2021-2023, for schools
and early childhood settings, and sponsorship of 482 visa holders, in a discrete form using a
computer or other equipment ordinarily available to it.
Having regard to your request and the types of documents that may fall within the scope of part [2]
of your request, I am satisfied that the searches conducted were thorough and all reasonable
steps have been taken to locate any document relevant to your request.
As such the Department is providing a full list of all current accredited sponsors as at
12 October 2022.
1
Collection Point Pty Ltd v Commissioner of Taxation [2013] FCAFC 67 [20].
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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
6
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.
7
Final decision on charge
On 2 November 2022 the Department issued you with a notice of the preliminary charge in the
amount of
$10.00 to process your request, which includes the first five hours of decision-making
at no cost.
Amount already paid
On 3 November 2022, the Department received your payment of
$10.00 - the total charge
indicated in the preliminary charges notice issued by the Department.
As you have paid the full amount required, the Department is now releasing the document to you.
If you are dissatisfied with my decision to impose charges, your review rights are set out in the
paragraph titled “Your Review Rights” below.
8
Your Review Rights
Internal Review
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: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
OR
By mail to:
Freedom of Information Section
Department of Home Affairs
PO Box 25
BELCONNEN ACT 2617
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/.
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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 Of icer | Freedom of Information Section
FOI and Records Management Branch | Legal Group
Department of Home Affairs
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