Correspondence regarding FA 23/10/01506
Dear Department of Home Affairs,
I request access to the following documents under the Freedom of Information Act 1982:
1. All correspondence between the department's FOI team and the FOI applicant of request 'FA 23/10/01506'.
2. All internal correspondence sent to/from the department's FOI team regarding the above-mentioned request.
3. All correspondence between the department's FOI team and any external parties regarding the above-mentioned request.
4. All correspondence between the FOI applicant and any external parties regarding the above-mentioned request.
Please include any email attachments as they form part of the scope of this request.
Please exclude the following information:
i) Personal information of FOI applicants.
ii) Personal information of departmental staff.
iii) Personal information of any third parties.
iv) Duplicate content.
If consultation with a third party is deemed necessary where documents affect privacy under s 27A of the Act, I respectfully request to be notified first so that I may consider revising or narrowing the scope of my request to avoid such consultation if possible.
Please contact me if you require any clarification or have questions regarding this request.
Yours faithfully,
CR
OFFICIAL: Sensitive
Personal-Privacy
In reply please quote:
FOI Request: FA 24/01/00548
File Number: FA24/01/00548
Dear CR,
Acknowledgement of Freedom of Information Access request
This letter acknowledges that on 12 January 2024 the Department of Home
Affairs (the Department) received your request to access documents held by
the Department under the Freedom of Information Act 1982 (the FOI Act).
This letter also provides important information about your request.
Scope of request
You have requested access to the following:
I request access to the following documents under the Freedom of
Information Act 1982:
1. All correspondence between the department's FOI team and the FOI
applicant of request 'FA 23/10/01506'.
2. All internal correspondence sent to/from the department's FOI team
regarding the above-mentioned request.
3. All correspondence between the department's FOI team and any external
parties regarding the above-mentioned request.
4. All correspondence between the FOI applicant and any external parties
regarding the above-mentioned request.
Please include any email attachments as they form part of the scope of
this request.
Please exclude the following information:
i) Personal information of FOI applicants.
ii) Personal information of departmental staff.
iii) Personal information of any third parties.
iv) Duplicate content.
Your request has been allocated FOI request number FA 24/01/00548. Please
include your FOI request number in all correspondence with the Freedom of
Information Section.
Timeframe
The timeframe for processing a request is 30 days from the day we receive
your request, as set out in the FOI Act.
Your review rights in relation to your request are available on [1]the
website of the Office of the Australian Information Commissioner.
Further documentation
In regards to part 1 of the above scope:
1. All correspondence between the department's FOI team and the FOI
applicant of request 'FA 23/10/01506'.
Section 47F(1) of the FOI Act provides that documents are exempt from
release where this would involve unreasonable disclosure of personal
information. If you have sought access to documents containing information
about third parties (including family members), please provide their
photographic identification (e.g. passport; ImmiCard, current drivers
licence) and consent for release of their documents to you.
If you anticipate any problems or cannot obtain their photographic
identification or consent for release, you should write to this office
setting out reasons why you believe the release would not be unreasonable
or contrary to the public interest. In cases where consent cannot be
obtained, the Department may be required to consult the individual(s)
concerned under section 27A of the FOI Act prior to making an access
decision.
Fees and Charges
Charges do not apply to requests from individuals seeking access to
documents about themselves. However, a charge may apply to all other
requests for access to documents.
Charges are based on the amount of time the Department spends on your
request. Charges can range from $10 to over $1,000 depending on the
complexity and scope of your request. The Office of the Australian
Information Commissioner reported that across the public service, the
average charge notified was $335.50 in 2020-21.
If a charge applies, you will be issued with a Notice of Charge that
explains the charge and your options.
Detailed information about FOI charges that may apply to your FOI request
is available on [2]the Department’s website.
We do not provide personal details of staff
The Department’s practice is to exclude the personal details of staff not
in the Senior Executive Service (SES), as well as the direct contact
details of SES staff, contained in documents that fall within scope of an
FOI request. If you require personal details of non-SES officers, or
direct contact details of SES staff, please inform us so the decision
maker may consider your request. Otherwise we will take it that you agree
to that information being excluded from the scope of your request. However
names of staff that have previously been released in departmental
correspondence may be disclosed.
We do not provide duplicated documents
If the FOI decision-maker deems a document to be a duplicate, they will
not assess those pages as part of your FOI request. This means that if a
there is a decision to release the document to you, you will receive only
one copy, even if multiple copies of that document exist.
Publication of document
Released documents you request may be published to our website
Where documents are released to you in response to your request, the
Department may be required to publish these documents on its website
within 10 working days in accordance with section 11C of the FOI Act.
Publication will not be required where the documents contain personal or
business affairs information.
How to reduce or withdraw your request
Reducing the scope of your request can reduce the time and charges
associated with processing your FOI request.
To reduce or withdraw your request, contact the FOI section at
[3][Department of Home Affairs request email] and include your FOI request number.
Contacting the FOI Section
Should you wish to discuss your request you may contact the FOI Section at
[Department of Home Affairs request email].
Kind regards,
Paul
Position number: 60176114
Privacy FOI & Records Management Branch | Legal Group
Department Of Home Affairs
E: [4][Department of Home Affairs request email]
Personal-Privacy
OFFICIAL: Sensitive
Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.
Unsolicited commercial emails MUST NOT be sent to the originator of this
email.
References
Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. https://www.homeaffairs.gov.au/access-an...
3. mailto:[Department of Home Affairs request email]
4. mailto:[Department of Home Affairs request email]
Dear Paul,
Thank you for your email.
I wish to note that I am not related to the FOI applicant of FA 23/10/01506.
Given that my request explicitly excludes all personal information, I do not see how any residual information in the administrative correspondence could reasonably be considered personal information, given the definition in s 4(1) of the FOI Act requires information to be about an "identified individual" or someone who is "reasonably identifiable."
Therefore, consultation does not appear necessary in my view. The mere appearance of a person's name, without any accompanying identifying information, would not appear to provide sufficient grounds for an exemption contention, which is consistent with the reasoning provided by the AATA in the case of Dreyfus and Attorney-General (Commonwealth of Australia) (Freedom of information) [2015] AATA 995 [49]. Furthermore, the case of Attorney-General v Honourable Mark Dreyfus [2016] FCAFC 119 [65] supports this interpretation.
I look forward to your response and further discussion on this matter. Please do not hesitate to contact me if any part of this request requires clarification.
Yours sincerely,
CR
Dear Paul,
Please confirm if your agency intends to apply to the OAIC for an extension of time under section 15AC to process my request, given the deemed refusal decision.
Yours sincerely,
CR
Dear Paul,
At this stage, I would prefer if an extension of time under section 15AC is requested by March 1, 2024, to reinstate the statutory timeframe. Failing that, I will submit an application for an IC Review on that date.
Yours sincerely,
CR
OFFICIAL
Dear CR,
FOI request FA 24/01/00548
I refer to your FOI request received on 12 January 2024, seeking access to
the following:
I request access to the following documents under the Freedom of
Information Act 1982:
1. All correspondence between the department's FOI team and the FOI
applicant of request 'FA 23/10/01506'.
2. All internal correspondence sent to/from the department's FOI team
regarding the above-mentioned request.
3. All correspondence between the department's FOI team and any external
parties regarding the above-mentioned request.
4. All correspondence between the FOI applicant and any external parties
regarding the above-mentioned request.
Please include any email attachments as they form part of the scope of
this request.
Please exclude the following information:
i) Personal information of FOI applicants.
ii) Personal information of departmental staff.
iii) Personal information of any third parties.
iv) Duplicate content.
The Department has made a decision on this request. Please find attached
the decision record and documents released under the FOI Act.
This request has now been closed.
Kind Regards
Anjani
Position No. 60165359
Authorised FOI Officer - Freedom of Information
FOI and Records Management Branch | Legal Group
Department of Home Affairs | [1]www.homeaffairs.gov.au
Email [2][Department of Home Affairs request email]
OFFICIAL
Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.
Unsolicited commercial emails MUST NOT be sent to the originator of this
email.
References
Visible links
1. http://www.homeaffairs.gov.au/
2. mailto:[Department of Home Affairs request email]
CR left an annotation ()
Applied for an IC Review in regards to the deemed refusal decision.