Misconduct by Immigration and Border Protection Staff

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

The request was refused by Department of Home Affairs.

From: James Smith

Delivered

Dear Department of Immigration and Border Protection

I request any relevant document(s) which summarise misconduct by
DIBP staff. In particular, matters concerning unauthorised access to Australian citizen's personal records and misuse of Commonwealth resources.

I would like to see the broad spectrum of offences committed, and
what the resulting consequences were for staff generally, in
addition to the types of offences, and the number of occurrences of
each offence.

If such a document exists which covers any, or all, of these
matters for a recent, full financial-year period (eg, 2014-15),
that will be sufficient for my purposes.

Yours faithfully,

James Smith

Link to this

From: FOI

**This is an automated response. Please do not respond to this email**
Information updated 17 November 2015

IMPORTANT INFORMATION

Your email has been received by the Department of Immigration and Border
Protection’s Freedom of Information (FOI) Section.  This response is
verification that we have received your email. Please be aware that if
your query is addressed by this email, you will not receive a further
individual response.  Please do not send duplicate emails as this may
cause delays in processing.

 

If your request is a valid FOI request, the Department will contact you to
acknowledge your request. Please be aware that there has been a
significant increase in the number of FOI requests received and there may
be delays in the processing of your request.

 

Please note that the Department’s FOI Section does not process the
following types of requests:

 

Notification of Change in Circumstances

The FOI Section does not process these forms. You should resubmit Form
1022 to the office where you lodged your visa application or to the
nearest office of the Department.

 

Notification of incorrect answers

The FOI Section does not process these forms. You should resubmit Form
1023 to the office where you lodged your visa application or to the
nearest office of the Department.

 

Australian Citizenship Enquiries

The Department has an administrative process to assist individuals with
this type of request.  Please complete form 119, by clicking on the
following link:
[1]http://www.border.gov.au/Forms/Documents...
You may return the completed form and attachments to the Department by
mail. Please refer to page 8 of form 119 for details on where to send your
request.

 

Movement Records

The Department has an administrative process to assist individuals with
this type of request.  Please complete form 1359, by clicking on the
following link:
[2]http://www.border.gov.au/FormsAndDocumen....
You may return the completed form to the Department either by mail; or in
person, to your nearest office. Please refer to page 1 and 2 for details
on where to send your request.

 

Superannuation – Evidence of Immigration Status

The Department has an administrative process to assist individuals with
this type of request. Please complete form 1194, by clicking on the
following link:
[3]http://www.border.gov.au/Forms/Documents...
You may return the completed form to the Department either by email; post;
or fax. Please refer to page 1 for details on where to send your request.

 

Update Passport Details

If your query relates to a updating your address or passport details,
please refer to the following link:
[4]http://www.border.gov.au/Lega/Lega/Form/....

 

General Enquiries

If your enquiry is about visas, trade, or is general in nature, and does
not relate directly to a Freedom of Information request, you should
contact the department’s general enquiries line at the following link:
[5]http://www.border.gov.au/about/contact/m....

 

If your request does not relate directly to a Freedom of Information
request, and alternative contact details have been provided above, your
email will not be actioned by the FOI Section.

 

Yours Sincerely

FOI Helpdesk

Freedom of Information Section

Department of Immigration and Border Protection

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. 
DIBP respects your privacy and has 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.border.gov.au/Forms/Documents...
2. http://www.border.gov.au/FormsAndDocumen...
3. http://www.border.gov.au/Forms/Documents...
4. http://www.border.gov.au/Lega/Lega/Form/...
5. http://www.border.gov.au/about/contact/m...

Link to this

From: FOI


Attachment FA 16 04 01465 Acknowledgement Letter.pdf
94K Download View as HTML


UNCLASSIFIED

Our references: FA 16/04/01465; ADF2016/16830

 

Dear Mr Smith

 

Please find attached the acknowledgement of receipt for your recent FOI
Request. 

 

Please be aware that the Department of Immigration and Border Protection
(the Department) has seen a significant increase in the number of FOI
requests received by this agency. 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.

 

Request for an extension of time

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, Tuesday 26 April
2016.

 

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.

 

Please do not hesitate to contact me should you wish to discuss.

 

Yours sincerely

 

Janelle Raineri

Assistant Director | Freedom of Information Section

Information Management Branch | Corporate Services Division

Corporate Group

Department of Immigration and Border Protection

E: [DIBP request email]

 

 

show quoted sections

Link to this

From: James Smith

Delivered

Dear Janelle,

Please process the request within the required timeframe by the Act.

Yours sincerely,

James Smith

Link to this

From: FOI

**This is an automated response. Please do not respond to this email**
Information updated 17 November 2015

IMPORTANT INFORMATION

Your email has been received by the Department of Immigration and Border
Protection’s Freedom of Information (FOI) Section.  This response is
verification that we have received your email. Please be aware that if
your query is addressed by this email, you will not receive a further
individual response.  Please do not send duplicate emails as this may
cause delays in processing.

 

If your request is a valid FOI request, the Department will contact you to
acknowledge your request. Please be aware that there has been a
significant increase in the number of FOI requests received and there may
be delays in the processing of your request.

 

Please note that the Department’s FOI Section does not process the
following types of requests:

 

Notification of Change in Circumstances

The FOI Section does not process these forms. You should resubmit Form
1022 to the office where you lodged your visa application or to the
nearest office of the Department.

 

Notification of incorrect answers

The FOI Section does not process these forms. You should resubmit Form
1023 to the office where you lodged your visa application or to the
nearest office of the Department.

 

Australian Citizenship Enquiries

The Department has an administrative process to assist individuals with
this type of request.  Please complete form 119, by clicking on the
following link:
[1]http://www.border.gov.au/Forms/Documents...
You may return the completed form and attachments to the Department by
mail. Please refer to page 8 of form 119 for details on where to send your
request.

 

Movement Records

The Department has an administrative process to assist individuals with
this type of request.  Please complete form 1359, by clicking on the
following link:
[2]http://www.border.gov.au/FormsAndDocumen....
You may return the completed form to the Department either by mail; or in
person, to your nearest office. Please refer to page 1 and 2 for details
on where to send your request.

 

Superannuation – Evidence of Immigration Status

The Department has an administrative process to assist individuals with
this type of request. Please complete form 1194, by clicking on the
following link:
[3]http://www.border.gov.au/Forms/Documents...
You may return the completed form to the Department either by email; post;
or fax. Please refer to page 1 for details on where to send your request.

 

Update Passport Details

If your query relates to a updating your address or passport details,
please refer to the following link:
[4]http://www.border.gov.au/Lega/Lega/Form/....

 

General Enquiries

If your enquiry is about visas, trade, or is general in nature, and does
not relate directly to a Freedom of Information request, you should
contact the department’s general enquiries line at the following link:
[5]http://www.border.gov.au/about/contact/m....

 

If your request does not relate directly to a Freedom of Information
request, and alternative contact details have been provided above, your
email will not be actioned by the FOI Section.

 

Yours Sincerely

FOI Helpdesk

Freedom of Information Section

Department of Immigration and Border Protection

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. 
DIBP respects your privacy and has 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.border.gov.au/Forms/Documents...
2. http://www.border.gov.au/FormsAndDocumen...
3. http://www.border.gov.au/Forms/Documents...
4. http://www.border.gov.au/Lega/Lega/Form/...
5. http://www.border.gov.au/about/contact/m...

Link to this

From: FOI

UNCLASSIFIED

Our references: FA 16/04/01465; ADF2016/16830

 

Dear Mr Smith,

 

I refer to the recent request dated 13 April 2016, seeking an extension of
time under s.15AA of the FOI Act. I note you have not agreed to the
request. Therefore, the due date of your request remains 13 May 2016. 

 

 

Yours sincerely

 

 

Cherryl Bateman

FOI Officer l Freedom of Information

Information Management Branch l Corporate Services Division

Corporate Group

Department of Immigration and Border Protection

P: 02 6225 8037

E: [email address]

 

 

show quoted sections

Link to this

From: FOI


Attachment 20160510 Charges Notice.pdf
111K Download View as HTML


Dear Mr Smith

FOI request: FA 16/04/01465; ADF2016/16830

I refer to your FOI request received on 13 April 2016.

This email is to advise you of the Department's decision that you are liable to pay a charge in respect of the processing of your FOI request in accordance with s.29 of the FOI Act. Please see the attached notice for further information.

Timeframe to respond
The FOI Act provides you with 30 days to respond, in writing, to this notice, which is close of business Thursday, 9 June 2016.

How to pay:
Details on how to make a payment to the Department are included in the notice. Please ensure that you include your FA reference number with your payment. If this information is not included with your payment details it may delay the processing of your request.

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

show quoted sections

Link to this

From: James Smith

Delivered

Dear FOI,

I respectfully ask the department to waive the charges you seek to impose.

The subject of my request has been the topic of several news articles of late. For example, in yesterday's Canberra Times article 'Department of Immigration and Border Protection public servants face random drug tests'.

Clearly, the information I have requested is in the public interest and for this reason I seek your indulgence to waive the proposed charges.

I look forward to hearing from you.

Yours sincerely,

James Smith

Link to this

From: FOI


Attachment Charges Contention Decision FA 160401465.pdf
2.4M Download View as HTML

Attachment CCAF form.doc
1.3M Download View as HTML


UNCLASSIFIED

Our references: FA 16/04/01465; ADF2016/16830

 

Dear Mr Smith

 

I am writing about your request for documents under the Freedom of
Information Act 1982, which is as follows:

 

I request any relevant document(s) which summarise misconduct by DIBP
staff. In particular, matters concerning unauthorised access to Australian
citizen's personal records and misuse of Commonwealth resources.

 

I would like to see the broad spectrum of offences committed, and what the
resulting consequences were for staff generally, in addition to the types
of offences, and the number of occurrences of each offence.

 

If such a document exists which covers any, or all, of these matters for a
recent, full financial-year period (eg, 2014-15), that will be sufficient
for my purposes.

 

On 10 May 2016 the Department wrote to you, advising that you are liable
to pay a charge for the processing of your request. On the same day you
wrote to the Department outlining your contention to the charges
assessment and requesting a waiver of the charge on public interest
grounds.

 

I have made a decision in respect of the amount of charge payable in
relation to your request. Please see the attached decision notice for
further information.  

 

In accordance with s.31 of the FOI Act the legislated processing time for
your request remains suspended. Please refer to the attached notice for
further details, including advice on when the processing period for your
request would resume.

 

Timeframe to respond

The Department provides you with 30 days to respond, in writing, to this
decision notice, which is close of business Monday 4 July 2016.  This is
consistent with the Information Commissioner Guidelines (Part 4 – Charges
for providing access).

 

How to pay:

Details on how to make a payment to the Department are included in the
notice. Please ensure that you include your FA Reference number and advise
whether you wish to pay the deposit or the full amount. If this
information is not included with your payment details it may delay the
processing of your request.

 

The charge can be paid by cheque, money order, credit card or Electronic
Funds Transfer (EFT). If you choose to pay via EFT or send your payment
via post, please notify the FOI Section at [1][email address].

 

Review of decision

A decision under s.29(8) of the FOI Act is a reviewable decision. Please
see the attached decision notice for further details.

 

Yours sincerely

 

Marianne Nolte-Crimp

FOI Officer | Freedom of Information Section

Department of Immigration and Border Protection

E: [2][DIBP request email]

 

 

UNCLASSIFIED

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. 
DIBP respects your privacy and has obligations under the Privacy Act 1988.
 

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

References

Visible links
1. mailto:[email address]
2. mailto:[DIBP request email]

Link to this

From: James Smith

Delivered

Dear Ms Nolte-Crimp,

Thank you for your letter.

With respect to your Notice of Charge decision, I respecfully seek an internal review of your decision.

In my view, the requested information should be freely provided for a number of reasons which I outline below.

Firstly, I contend the information should be provided free of charge, in the spirit of open government. An agency should not put barriers in the way of Australian citizens from finding out about how agencies operate.

Secondly, I put to you that your notice dated 2 June 2016 and the requested internal review are likely to cost the taxpayer an order of magnitude greater than $15. Indeed, it has probably cost the department at least this amount just from you reading this response and filing it away. This is hardly the most efficient use of public resources, and most certainly against any initiatives to reduce red tape.

I look forward to hearing the outcome of the internal review.

Yours sincerely

James Smith

Link to this

From: FOI

UNCLASSIFIED

Our references: FA 16/04/01465-R1; ADF2016/16830

 

Dear Mr Smith

 

I refer to your email dated 8 June 2016. Please accept this email as the
acknowledgement that the Department has received your request for an
internal review of the charges decision for FA 16/04/01465.

 

For future reference please note the new FA reference number of FA
16/04/01465-R1 for your internal review.

 

The standard processing time for an internal review is 30 days. Your
request will be allocated to a review officer who will contact you
shortly.

 

Regards

 

Janelle Raineri

Assistant Director | Freedom of Information Section

Information Management Branch | Corporate Services Division

Corporate Group

Department of Immigration and Border Protection
P: 02 6264 1580 

E: [1][DIBP request email]

 

UNCLASSIFIED

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. 
DIBP respects your privacy and has obligations under the Privacy Act 1988.
 

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

References

Visible links
1. mailto:[DIBP request email]

Link to this

From: Murray WOODFORD

UNCLASSIFIED

Our references: FA 16/04/01465-R1; ADF2016/16830

 

Dear Mr Smith

 

Thank you for your request for an internal review of the charges decision
for FA 16/04/01465 received on Wednesday, 8 June 2016.

 

Please note the new references for your internal review at the top of this
email for future reference.

 

The standard processing of an internal review is 30 days.

 

Regards

Murray

Murray Woodford

Information Management Branch

Corporate Services Division
Department of Immigration and Border Protection
Telephone:  02 6264 1733
Email: [1][email address]

 

 

UNCLASSIFIED

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. 
DIBP respects your privacy and has obligations under the Privacy Act 1988.
 

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

References

Visible links
1. mailto:[email address]

Link to this

From: FOI


Attachment Internal Review Decision FA160401465 R1 FINAL.pdf
2.4M Download View as HTML


UNCLASSIFIED

Our references: FA 14/08/0192-R1; ADF2014/27652

Dear Mr Smith

I refer to your FOI review request dated on 8 June 2016, seeking access to the following:

With respect to your Notice of Charge decision, I respecfully seek an internal review of your decision.

In my view, the requested information should be freely provided for a number of reasons which I outline below.

Firstly, I contend the information should be provided free of charge, in the spirit of open government. An agency should not put barriers in the way of Australian citizens from finding out about how agencies operate.

Secondly, I put to you that your notice dated 2 June 2016 and the requested internal review are likely to cost the taxpayer an order of magnitude greater than $15. Indeed, it has probably cost the department at least this amount just from you reading this response and filing it away. This is hardly the most efficient use of public resources, and most certainly against any initiatives to reduce red tape.

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

This request has now been closed.

Yours sincerely

Murray

Murray Woodford
Information Management Branch
Corporate Services Division
Department of Immigration and Border Protection
Email: [DIBP request email]

UNCLASSIFIED

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. DIBP respects your privacy and has obligations under the Privacy Act 1988.

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

Link to this

From: James Smith

Delivered

Dear Murray,

Thank you for your response.

As you have closed the request and I now can pay the charge, I ask you to please confirm whether you will accept payment as detailed on your charges notice dated 10 May 2016, or if you require me to resubmit a new request.

Yours sincerely,

James Smith

Link to this

From: FOI

UNCLASSIFIED

Dear Mr Smith,

Please note that the reference numbers supplied with the decision for your Internal Review request were mistaken. The reference numbers for this matter should read:

Our references: FA 16/04/01465-R1; ADF2016/16830.

I regret this error.

Best regards,

Murray

Murray Woodford
Information Management Branch
Corporate Services Division
Department of Immigration and Border Protection
Telephone:  02 6264 1733
Email: [email address]

show quoted sections

Link to this

From: FOI

UNCLASSIFIED

Our references: FA 16/04/01465-R1; ADF2016/16830

Dear Mr Smith,

I will ask the processing officer for your original request to contact you and provide you with the payment details for this matter.

Best regards,

Murray

Murray Woodford
Information Management Branch
Corporate Services Division
Department of Immigration and Border Protection
Email: [DIBP request email]

show quoted sections

Link to this

From: FOI

UNCLASSIFIED

Dear Mr Smith,

I'm writing to advise that I've now taken carriage of your FOI request, and I'll be coordinating the rest of the process.

At this stage, your request has essentially reverted to the stage it was at before your email requesting the charges review. Should you wish to proceed, then the previous payment details remain correct. I can provide these again if you would like.

Regards,

Brad Collins
Freedom of Information Officer
Information Management Branch
Department of Immigration and Border Protection
(02) 6264 2110 | [DIBP request email]

show quoted sections

Link to this

From: FOI

UNCLASSIFIED

Dear Mr Smith,

 

I am writing to follow up my email of 5 July 2016 regarding your FOI
request, and to seek your guidance on whether you with to continue
processing of your request.

 

·         On 10 May 2016 you were sent a charge notice, which provided 30
days to respond.

·         On the same day you requested a review of charges. This
suspended the charge period with 30 days remaining.

·         On 4 July 2016 the internal review of your charge contention
was finalised, which resumed the charge period, providing a new date of 3
August 2016 for your response.

 

If I don’t hear from you by 3 August 2016, then I will consider this as
your intention to withdraw your request, as detailed in the charge notice
sent to you on 10 May 2016. Please note that this date is flexible; if you
would like more time to consider your options, then I am happy to extend
the consultation period, but you will need to let me know.

 

If you have any questions, please don’t hesitate to get in touch.

 

Regards,

 

Brad Collins
Freedom of Information Officer

Information Management Branch

Department of Immigration and Border Protection
Email: [1][DIBP request email]

 

 

UNCLASSIFIED

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. 
DIBP respects your privacy and has obligations under the Privacy Act 1988.
 

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

References

Visible links
1. mailto:[DIBP request email]

Link to this

From: FOI


Attachment FOI FA 16 04 01465 Deemed withdrawn.pdf
97K Download View as HTML


UNCLASSIFIED

Our references: FA 16/04/01465; ADF2016/16830

 

Dear Mr Smith,

 

Thank you for your FOI request received on 13 April 2016 for:

 

I request any relevant document(s) which summarise misconduct by DIBP
staff. In particular, matters concerning unauthorised access to Australian
citizen's personal records and misuse of Commonwealth resources.

 

I would like to see the broad spectrum of offences committed, and what the
resulting consequences were for staff generally, in addition to the types
of offences, and the number of occurrences of each offence.

 

If such a document exists which covers any, or all, of these matters for a
recent, full financial-year period (eg, 2014-15), that will be sufficient
for my purposes.

 

I am writing to you about the charges notice that you were sent on 10 May
2016. The notice period under the FOI Act expired at close of business on
3 August 2016. As you did not respond to me by the end of the notice
period, your request is now deemed to have been withdrawn by the operation
of the FOI Act (s.29(2)).

 

The attached letter provides more detail.

 

Regards,

 

Brad Collins
Freedom of Information Officer

Information Management Branch

Department of Immigration and Border Protection
Email: [1][DIBP request email]

 

UNCLASSIFIED

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. 
DIBP respects your privacy and has obligations under the Privacy Act 1988.
 

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

References

Visible links
1. mailto:[DIBP request email]

Link to this

Things to do with this request

Anyone:
Department of Home Affairs only: