OFFICIAL: Sensitive
Personal-Privacy

22 August 2023

MBV

BY EMAIL:  [FOI #10591 email]

In reply please quote:

FOI Request:         FA 23/08/01110

File Number:          FA23/08/01110 

Dear MBV

I refer to your email dated 18 August 2023, in which you requested access
to documents held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

You have requested access to the following:

Thank you for processing my request FA 23/02/01304

Following from this, I request the following documents:

All communications, including text messages, emails, records of calls or
any electronic chats which reference the insertion of the term 'Morrison
Government' or '2019' into the media statement as released on 29 October
2022.

The documents I seek fall in the time window of 27 October 2022 to 30
November 2022.

Intention to refuse request

I am writing to advise you that I intend to refuse your request on the
basis that a practical refusal reason exists. However, before I make a
final decision to do this, you have an opportunity to revise your request
to remove the practical refusal reason. This is called a ‘request
consultation process’. You have 14 days to respond to this notice in one
of the ways set out below.

Power to refuse request

Section 24 of the FOI Act provides that if the Department is satisfied
that a practical refusal reason exists in relation to a request, the
Department must undertake a consultation process with you, and if, after
that consultation process, the Department remains satisfied that the
practical refusal reason still exists, the Department may refuse to give
you access to the documents subject to the request.

Practical refusal

A practical refusal reason exists under section 24AA of the FOI Act if
either (or both) of the following applies:

(1)(a)(i) the work involved in the processing of the request would
substantially and unreasonably divert the resources of the Department from
its other operations

(1)(b)      the request does not satisfy the requirement in section
15(2)(b) of the FOI Act, which requires you to provide such information
concerning the document you are seeking access to, to enable the
Department to be able to identify it.

I consider that the request does not satisfy the requirements of section
15(2)(b) of the FOI Act, and accordingly that practical refusal reasons
exist under section 24AA(1)(b) of the FOI Act.

 

Reasons for practical refusal

 

The Department has considered the scope of this request and its capacity
to conduct searches of relevance based on the current scope. The Freedom
of Information Act 1982 provides a right to obtain access to “a document
of an agency”. It is my preliminary view that your request, in its current
form, does not satisfy the requirement in section 15(2)(b) of the FOI Act
and is therefore not valid.

 

Clarification about the media statement that you are referring will assist
the Department to locate and extract the correct information from our
systems.

 

In consideration of the above, I am satisfied that the Department is
currently unable to identify documents of relevance based on the
information provided in scope. I consider that this would result in the
decision maker being unable to certify that all relevant documents have
been provided and considered in the assessment of this request and that a
practical refusal reason exists in relation to this request.

 

As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request.

 

Request Consultation Process

 

To enable the Department to consider your request for access under the FOI
Act, the Department will require sufficient information concerning the
specific existing documents you are seeking access to, so as to enable the
Department to identify those documents. 

 

You now have an opportunity to revise your request to enable it to
proceed.

 

Please confirm if you are referring to the media release 'Australian women
and children repatriated from Syrian Camps', which was part of the scope
for FA 23/02/01304.

 

Alternatively, please provide the title of the relevant media statement.

 

Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation,
you have 14 days to do one of the following:

 

·         withdraw your request;

·         make a revised request;

·         indicate that you do not wish to revise your request.

 

If you do not do one of the three things listed above during the
consultation period (14 days) or you do not consult the contact person
listed below during this period, the Department will take no further
action with your request.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact
[1][Department of Home Affairs request email]. 

 

Kind regards

 

FOI Officer - Jade

Freedom of Information

Department of Home Affairs

E: [2][Department of Home Affairs request email]

 

 

Personal-Privacy
OFFICIAL: Sensitive

 

 

show quoted sections

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:         FA 23/08/01110

File Number:          FA23/08/01110 

Dear MBV

Freedom of Information Request

I refer to your email dated 18 August 2023 in which you requested access
to documents held by Department of Home Affairs under the Freedom of
Information Act 1982 (the FOI Act).

You specifically requested access to:

Thank you for processing my request FA 23/02/01304

Following from this, I request the following documents:

All communications, including text messages, emails, records of calls or
any electronic chats which reference the insertion of the term 'Morrison
Government' or '2019' into the media statement as released on 29 October
2022.

The documents I seek fall in the time window of 27 October 2022 to 30
November 2022.

 

On 22 August 2023, Department notified you of its intention to refuse your
request due to the fact that the request does not satisfy the requirement
in section 15(2)(b) of the FOI Act, which requires you to provide such
information concerning the document you are seeking access to, to enable
the Department to be able to identify it.

In particular, Department notified you that, within 14 days of receipt of
that letter, you must advise Department that:

·       you wish to make a revised request; or

·       indicate that you do not wish to revise your request; or

·       withdraw your request.

The 14 day period has now expired.  As such, in accordance with section
24AB(7) of the FOI Act, Department considers that your request has been
withdrawn.

If you have any enquiries concerning this matter, please do not hesitate
to contact an FOI officer at [1][Department of Home Affairs request email].

 

Kind regards

 

FOI Officer - Jade

Freedom of Information

Department of Home Affairs

E: [2][Department of Home Affairs request email]

 

 

 

Personal-Privacy
OFFICIAL: Sensitive

 

 

From: FOI
Sent: Tuesday, 22 August 2023 2:38 PM
To: 'MBV' <[FOI #10591 email]>
Subject: CM: FA 23/08/01110 Practical Refusal Notice
[SEC=OFFICIAL:Sensitive, ACCESS=Personal-Privacy]

 

OFFICIAL: Sensitive
Personal-Privacy

22 August 2023

MBV

BY EMAIL:  [3][FOI #10591 email]

In reply please quote:

FOI Request:         FA 23/08/01110

File Number:          FA23/08/01110 

Dear MBV

I refer to your email dated 18 August 2023, in which you requested access
to documents held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

You have requested access to the following:

Thank you for processing my request FA 23/02/01304

Following from this, I request the following documents:

All communications, including text messages, emails, records of calls or
any electronic chats which reference the insertion of the term 'Morrison
Government' or '2019' into the media statement as released on 29 October
2022.

The documents I seek fall in the time window of 27 October 2022 to 30
November 2022.

Intention to refuse request

I am writing to advise you that I intend to refuse your request on the
basis that a practical refusal reason exists. However, before I make a
final decision to do this, you have an opportunity to revise your request
to remove the practical refusal reason. This is called a ‘request
consultation process’. You have 14 days to respond to this notice in one
of the ways set out below.

Power to refuse request

Section 24 of the FOI Act provides that if the Department is satisfied
that a practical refusal reason exists in relation to a request, the
Department must undertake a consultation process with you, and if, after
that consultation process, the Department remains satisfied that the
practical refusal reason still exists, the Department may refuse to give
you access to the documents subject to the request.

Practical refusal

A practical refusal reason exists under section 24AA of the FOI Act if
either (or both) of the following applies:

(1)(a)(i) the work involved in the processing of the request would
substantially and unreasonably divert the resources of the Department from
its other operations

(1)(b)      the request does not satisfy the requirement in section
15(2)(b) of the FOI Act, which requires you to provide such information
concerning the document you are seeking access to, to enable the
Department to be able to identify it.

I consider that the request does not satisfy the requirements of section
15(2)(b) of the FOI Act, and accordingly that practical refusal reasons
exist under section 24AA(1)(b) of the FOI Act.

 

Reasons for practical refusal

 

The Department has considered the scope of this request and its capacity
to conduct searches of relevance based on the current scope. The Freedom
of Information Act 1982 provides a right to obtain access to “a document
of an agency”. It is my preliminary view that your request, in its current
form, does not satisfy the requirement in section 15(2)(b) of the FOI Act
and is therefore not valid.

 

Clarification about the media statement that you are referring will assist
the Department to locate and extract the correct information from our
systems.

 

In consideration of the above, I am satisfied that the Department is
currently unable to identify documents of relevance based on the
information provided in scope. I consider that this would result in the
decision maker being unable to certify that all relevant documents have
been provided and considered in the assessment of this request and that a
practical refusal reason exists in relation to this request.

 

As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request.

 

Request Consultation Process

 

To enable the Department to consider your request for access under the FOI
Act, the Department will require sufficient information concerning the
specific existing documents you are seeking access to, so as to enable the
Department to identify those documents. 

 

You now have an opportunity to revise your request to enable it to
proceed.

 

Please confirm if you are referring to the media release 'Australian women
and children repatriated from Syrian Camps', which was part of the scope
for FA 23/02/01304.

 

Alternatively, please provide the title of the relevant media statement.

 

Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation,
you have 14 days to do one of the following:

 

·       withdraw your request;

·       make a revised request;

·       indicate that you do not wish to revise your request.

 

If you do not do one of the three things listed above during the
consultation period (14 days) or you do not consult the contact person
listed below during this period, the Department will take no further
action with your request.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact
[4][Department of Home Affairs request email]. 

 

Kind regards

 

FOI Officer - Jade

Freedom of Information

Department of Home Affairs

E: [5][Department of Home Affairs request email]

 

 

 

Personal-Privacy
OFFICIAL: Sensitive

 

 

show quoted sections