6 February 2023
Arj S
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 22/12/00186
File Number:
FA22/12/00186
Dear Arj S
Freedom of Information (FOI) request - Access Decision
On 3 December 2022, the Department of Home Affairs (the Department) received a request for
access to document 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. Communications (emails and/or briefings) between the DHA and the Skil ed program
delivery SA (GSM and BIIP) group regarding the implementation of Ministerial Direction
100 (visa processing priorities).
Current processing time for all Business Innovation and Investment Visas month ending
30 November 2022 (Do note there have been no updates on DHA's website since the
end of August).
3. Currently amount of 888 Visas (Al subclasses) applications currently been processed
by the DHA. Primary applicants and secondary applicants separately.
4. Any responses from the Skil ed program delivery SA in relation to ministerial inquiries
regarding the process of BIIP visas (eg 888, 188 etc)
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 document or to amend or annotate records.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Email xxx@xxxxxxxxxxx.xxx.xx • www.homeaffairs.gov.au
3
Relevant material
In reaching my decision I referred to the following:
• the terms of your 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
The Department has identified one document as falling within the scope of your request.
This document was in the possession of the Department on 3 December 2022 when your
request was received.
5
Decision
The decision in relation to the documents in the possession of the Department which fall
within the scope of your request is as follows:
• Release one document in full (parts 2 and 3)
• Refuse one document in full (parts 1 and 4)
6
Reasons for Decision
Detailed reasons for my decision are set out below.
6.1 Searches
The Department does not hold an existing discrete document that provides a response to
part 1 or part 4 of your request.
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 taken1.
1
Collection Point Pty Ltd v Commissioner of Taxation [2013] FCAFC 67 [20].
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I am satisfied that the Department is not able to produce a written document containing the
information you seek 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
your request I am satisfied that the searches conducted were extremely thorough and all
reasonable steps have been taken to locate documents relevant to part 1 and part 4 of your
request.
Section 24A of the FOI Act provides that the Department may refuse a request for access
to a document if all reasonable steps have been taken to find the document and the
Department is satisfied that the document does not exist.
I am satisfied that the Department has undertaken reasonable searches in relation to your
request and that documents relating to part 1 and 4 of your request were not in the
possession of the Department on 3 December 2022 when your FOI request was received.
As such, I am refusing part 1 of your request based on the application of section 24A 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.
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 Fact Sheet 12 "Freedom of information – Your review rights", available online
at https:/ www.oaic.gov.au/freedom-of-information/foi-review-process.
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.
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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.
Elaine - position 60097486
Authorised Decision Maker
Department of Home Affairs
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