Documents relating to Protection of the Environment - Christmas Island Immigration Detention Centre

Richard Smith made this Freedom of Information request to Department of Home Affairs

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

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Department of Home Affairs did not have the information requested.

Dear Department of Immigration and Border Protection,

The Immigration Detention Facility on Christmas Island, being under the control of the Department of Immigration and Border Protection, a Commonwealth agency, is a Commonwealth area as per the Environment Protection and Biodiversity Conservation Act 1999.

I note that, as per the Environment Protection and Biodiversity Conservation Act 1999, recovery plans for listed threatened species and ecological communities bind the Commonwealth and Commonwealth agencies.

A number of listed threatened species and ecological communities, who are subject of a recovery plan, exist on Christmas Island in and around the Immigration Detention Centre.

I therefore request the following Government Information:

a) Documents describing how the Department of Immigration and Border Protection's Immigration Detention Centre located on a Commonwealth area and adjacent to National Park land in Christmas Island manages and reduces its impact on threatened species as per the Environment Protection and Biodiversity Conservation Act 1999;

b) Documents describing how the Department of Immigration and Border Protection has undertaken an inventory of listed threatened species and ecological communities existing in and around the Immigration Detention Centre, being a Commonwealth area as per the Environment Protection and Biodiversity Conservation Act 1999;

c) Documents describing how the Department of Immigration and Border Protection complies with the recovery plan for each of the listed threatened species and ecological communities present in and around the Immigration Detention Centre; and

d) Documents detailing the death or injury of threatened species in the Department of Immigration and Border Protection's Immigration Detention Centre on Christmas Island, being a Commonwealth area, in the period 2012 to 2016.

If this can be answered as informal request, please do so.

Otherwise, please proceed with this as a formal request under the Freedom of Information principles & framework, i.e. the Freedom of Information Act 1982 & other associated guidelines and regulations.

Yours faithfully,

Richard Smith

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Yours Sincerely

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Department of Immigration and Border Protection

Information updated 16 December 2016

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Good morning Mr Smith

Acknowledgement of Freedom of Information Access request

I refer to your request received on 21 March 2017 seeking access to documents under the Freedom of Information Act 1982 (the FOI Act).

The full details of your request are set out in your email of 21 March 2017 below.

Your request has been allocated FOI request number FA 17/03/00899. Please include your FOI request number in all correspondence with the Freedom of Information Section.

Processing times
The statutory time allowed under the FOI Act for processing requests is 30 days. Requests are generally processed in the order in which they are received.

Request for an extension of time
Please be aware that the Department has seen a significant increase in the number of FOI requests received. As a result there are expected delays involved with the processing of FOI requests at the present time. Generally, requests will be processed in the order that they are received. The Department will endeavour to finalise your request as quickly as possible however we will require additional time to process this particular request.

For this reason the Department seeks your agreement (under s.15AA of the FOI Act) to extend the timeframe for the processing of your request by 30 days.

It would assist the Department in managing its FOI caseload if you could provide a response to this request by close of business, 27 March 2017.

Exclusion of non-SES staff personal details and SES telephone contact details
The Department’s policy is to exclude the personal details of officers not in the Senior Executive Service (SES), as well as the mobile and work telephone numbers of SES staff, contained in documents that fall within scope of an FOI request. If you require names and contact details of non-SES officers, or direct telephone numbers 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.

Publication of document
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.

With kind regards
Freedom of Information Section
Freedom of Information, Privacy and Records Management Branch | Corporate Support Division
Department of Immigration and Border Protection
E| [email address]
Please consider the environment before printing this email

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Dear Freedom of Information Section,

RE: FOI request number FA 17/03/00899

Thank you for your response of 24 March 2017 acknowledging my request for Government Information.

In order to assist the Department with processing of my request, I consent to the Department's request to be granted an additional 30 days. I therefore take that the now 60 day time period commenced on 21 March 2017.

Regarding the Department's policy of excluding names and contact details of Departmental staff, while I recognise that this is a restriction to release of FOI documents over and above the requirements set out in the Act, on consideration of the Government Information subject to this request, I do not object to the Department's adherence to its internal policy.

I will however raise an objection, if the reason for not releasing any documents identified to be in the scope of my request for Government Information solely rests on the fact that they contain names and contact details of Departmental staff.

I will await your response.

Yours sincerely,

Richard Smith

Dear Freedom of Information Section,

RE: FOI request number FA 17/03/00899

I would like an update as to how my request for Government Information is progressing.

Yours sincerely,

Richard Smith

UNCLASSIFIED

Our references: FA 17/03/00899; ADF2017/32361

Dear Mr Smith

I am writing to give you a progress update on your FOI request seeking access to:

1. Documents describing how the Department of Immigration and Border Protection's Immigration Detention Centre located on a Commonwealth area and adjacent to National Park land in Christmas Island manages and reduces its impact on threatened species as per the Environment Protection and Biodiversity Conservation Act 1999.

2. Documents describing how the Department of Immigration and Border Protection has undertaken an inventory of listed threatened species and ecological communities existing in and around the Immigration Detention Centre, being a Commonwealth area as per the Environment Protection and Biodiversity Conservation Act 1999.

3. Documents describing how the Department of Immigration and Border Protection complies with the recovery plan for each of the listed threatened species and ecological communities present in and around the Immigration Detention Centre and

4. Documents detailing the death or injury of threatened species in the Department of Immigration and Border Protection's Immigration Detention Centre on Christmas Island, being a Commonwealth area, in the period 2012 to 2016.

This email is to confirm that I am in the final stages of processing your request.

Kind Regards

Julia Wu
FOI Officer/Freedom of Information Section Freedom of Information, Privacy & Records Management Branch Corporate Services Division | Corporate Group Department of Immigration and Border Protection
E: [email address]

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Dear Ms Wu,

RE: FA 17/03/00899; ADF2017/32361

Could you please provide an update as to the processing of my FOI request?

I look forward to hearing from you.

Yours sincerely,

Richard Smith

UNCLASSIFIED

Our references: FA 17/03/00899; ADF2017/32361

Dear Mr Smith

This email is to confirm that I am still in the final stages of processing your request.

Kind Regards

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FA170300899 Decision.pdf

607K Download View as HTML

UNCLASSIFIED

Our references: FA 17/03/00899; ADF2017/32361

Dear Mr Smith

I refer to your FOI request received on 21 March 2017, seeking access to
the following:

1. Documents describing how the Department of Immigration and Border
Protection's Immigration Detention Centre located on a Commonwealth area
and adjacent to National Park land in Christmas Island manages and reduces
its impact on threatened species as per the Environment Protection and
Biodiversity Conservation Act 1999.

2. Documents describing how the Department of Immigration and Border
Protection has undertaken an inventory of listed threatened species and
ecological communities existing in and around the Immigration Detention
Centre, being a Commonwealth area as per the Environment Protection and
Biodiversity Conservation Act 1999.

3. Documents describing how the Department of Immigration and Border
Protection complies with the recovery plan for each of the listed
threatened species and ecological communities present in and around the
Immigration Detention Centre and

4. Documents detailing the death or injury of threatened species in the
Department of Immigration and Border Protection's Immigration Detention
Centre on Christmas Island, being a Commonwealth area, in the period 2012
to 2016.

The Department has made a decision on this request. Please see attached
the signed decision letter.

This request has now been closed.

Yours sincerely

Julia Wu

FOI Officer/Freedom of Information Section

Freedom of Information, Privacy & Records Management Branch

Corporate Services Division | Corporate Group

Department of Immigration and Border Protection
E: [1][email address]

UNCLASSIFIED

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

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1. mailto:[email address]

Dear FOI,

Re: FA 17/03/00899; ADF2017/32361

Thank you for your decision letter of 29 June 2017.

In considering the Department's reasons for refusal, I would like clarification on your reasons for refusal.

Has the Department actually searched for and not found any documents to exist or is the Department stating that the historical exemption to legislated Commonwealth environmental assessment and protection requirements has led to the assumption that no documents exist and therefore not searched for any documents?

Your quick reply is appreciated as it will assist me in deciding whether to appeal the decision on 29 June 2017.

If I am satisfied that the Department has actually made an effort to search for documents then I will consider this request for Government Information closed.

Yours sincerely,

Richard Smith

UNCLASSIFIED

Our references: FA 17/03/00899; ADF2017/32361

Dear Mr Smith

Thank you for your email of 26 July 2017 seeking clarification of the Department's decision on access dated 29 June 2017.

You have asked whether the Department actually searched for and not found any documents to exist or whether the Department is stating that the historical exemption to legislated Commonwealth environmental assessment and protection requirements has led to the assumption that no documents exist and therefore not searched for any documents.

On 21 March 2017, you requested access to documents regarding, in summary, the Immigration Detention Centre on Christmas Island and the provisions of the Environment Protection and Biodiversity Conservation Act 1999 in relation to threatened species and ecological communities.

Upon receipt of your request, the FOI section contacted a number of business areas within the Department, including those responsible for managing the operations of the Christmas Island Detention Centre and for delivering and maintaining infrastructure projects across the immigration detention network.

The relevant business areas confirmed that they had conducted searches for documents that would be relevant to your request and that no relevant documents were identified as being in the possession of the Department. By way of clarification, the business area provided us with details of the exemption dated 3 April 2002, which provides background as to why the Department does not hold any such documents. Details of that exemption certificate under s303A of the Environment Protection and Biodiversity Conservation Act 1999 were provided to you in the Department's access decision by way of background and information.

Section 54B of the FOI Act provides that an application for an internal review must be made within 30 days, or such further period as the Department permits. As such, in the event that you still wish to seek an internal review of the Department's decision, please contact Department at [email address] and further consideration will be given to your request.

If you require further information, I can be contacted using the details provided below.

Kind regards
Julia Wu
FOI Officer/Freedom of Information Section Freedom of Information, Privacy & Records Management Branch Corporate Services Division | Corporate Group Department of Immigration and Border Protection
Email: [email address]

show quoted sections

Dear Ms Wu,

RE: FOI request number FA 17/03/00899

Thank you for taking the time to clarify the work behind the scenes that the Department has undertaken in respect to my request for government information.

In light of this additional information provided in your letter of 3 August 2017, I consider this request closed.

Your efforts are appreciated in your handling of my request.

Yours sincerely,

Richard Smith

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Documents relating to Protection of the Environment - Christmas Island Immigration Detention Centre

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