10 February 2023
Ray Mehta
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 22/12/00568
File Number:
FA22/12/00568
Dear Mr Mehta,
Freedom of Information (FOI) request - Access Decision
On 10 December 2023, 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:
Please release the below data as the recent data updated on SkillSelect Dashboard
is from August 2022.
Number of total EOI's for occupation Accountant (General) and External Auditor with
point breakdown.
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.
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
2 Lonsdale Street Me bourne VIC 3000
PO Box 241 Melbourne VIC 3001 • Email xxx@xxxxxxxxxxxx.xxx.xx • www.homeaffairs.gov.au
4
Document in scope of request
The Department has undertaken reasonable searches in relation to the documents you
have requested access to and finds no documents of relevance.
Searches
The relevant business unit has advised that the Skil Select dashboard has now been
updated to 31 December 2022 –
https:/ api.dynamic.reports.employment.gov.au/anonap/extensions/hSKLS02 Skil Sele
ct EOI Data/hSKLS02 Skil Select EOI Data.html
The Department does not hold an existing discrete document that contains the data you
are seeking. In relation to the number of matters decided by individual AAT Members
that were appealed to Federal Circuit Court, Federal Circuit and Family Court of
Australia, or Federal Court of Australia, and the grounds for appeal of those matters, 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))
To compile the information you have requested into a discrete document would require
a manual search of information within Departmental systems and a manual collation of
the results. 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 without significant manual intervention in this process.
The data you have requested is of a detail that cannot be reported on from the
Department’s computer systems. Either the data is not collected to that granular detail,
or it is not possible to extract the data using a computer system in a manner that is
ordinarily available to it.
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 document 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 any document relevant to your request.
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5
Decision
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 for data and that no documents were in the possession of the Department
on 10 December 2023 when your FOI request was received. As such, I am refusing part
of your request based on the application of section 24A of the FOI Act.
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
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.
8
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.
9
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.
Electronically signed,
Elaine - position 60097486
Authorised Decision Maker
Department of Home Affairs
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