Our ref: FOI-2022/1024152311
10 November 2022
Ms Jane Camble (pseudonym)
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Camble
Notice of Decision: Request under the Freedom of Information Act 1982 (Cth)
I refer to your request under the Freedom of Information Act 1982 (Cth) (FOI Act)
in your email to the Australian Human Rights Commission (Commission) dated
17 October 2022.
I am an officer authorised under s 23(1) of the FOI Act to make decisions in
relation to Freedom of Information (FOI) requests.
The FOI Act provides for a right to obtain access to a document of an agency.
Your email of 17 October 2022 requests access to the fol owing documents:
the number of complaints lodged against The Education Department of WA or
The Director General of this department on behalf of minors and referring to
breaches of the Disability Discrimination Act 1992, for the last 4 years (specifical y
the number lodged per year).
Searches
Searches of the Commission’s records did not identify any documents containing
the number of complaints lodged against the Department of Education WA or
the Director General of the Department of Education WA on behalf of minors
and referring to breaches of the Disability Discrimination Act 1992 (Cth) for the last
4 years.
Decision
On the basis of the searches conducted, the documents you have requested do
not exist and your request is refused pursuant to s 24A(1)(b)(i ) of the FOI Act.
Australian Human Rights
GPO Box 5218
General enquiries
1300 369 711
Commission
Sydney NSW 2001
National Info Service
1300 656 419
ABN 47 996 232 602
www.humanrights.gov.au
TTY
1800 620 241
Australian Human Rights Commission
Your review rights
If you are dissatisfied with my decision or the searches conducted to locate
documents related to your request, you may apply for internal review or review
of the decision by the Information Commissioner. We encourage you to seek
internal review as a first step as it may provide a more rapid resolution of your
concerns.
Internal review
Under s 54 of the FOI Act, you may apply in writing to the Commission for
internal review of my decision. The internal review application must be made
within 30 days of the date of this letter.
If you decide to seek internal review, please provide reasons why you believe
internal review is necessary. The internal review wil be carried out by another
officer within 30 days.
Information Commissioner review
Under s 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
this letter, and be lodged in one of the fol owing ways:
online: https://www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/information-commissioner-review/
email: xxxxx@xxxx.xxx.xx
post:
Director of FOI Dispute Resolution, GPO Box 5218, Sydney NSW
2001
More information about Information Commissioner review is available on the
Office of the Australian Information Commissioner website at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Identification of parties to a complaint
Separately, documents held by the Commission which identify parties to
complaints are likely to be conditional y exempt from release pursuant to
s 47E(d) of the FOI Act because disclosure of that information could reasonably
be expected to have a substantial adverse effect on the proper and efficient
conduct of the Commission’s operations. A major statutory function of the
Commission is to inquire into and conciliate complaints through a private and
confidential conciliation process with no right of access for any person other
than the conciliator and parties. The release of documents identifying parties to
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Australian Human Rights Commission
a complaint would likely, amongst other things, impact on the Commission’s
ability to exercise its statutory functions by conducting meaningful conciliations
and could deter complainants from lodging complaints with the Commission.
Yours sincerely
Melissa De Abreu
Senior Lawyer
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