The Border Force Act (2015)

Nicole Iliagoueva made this Freedom of Information request to Department of Home Affairs

The request was refused by Department of Home Affairs.

From: Nicole Iliagoueva

Delivered

Dear Department of Immigration and Border Protection,

I am requesting under the Freedom of Information Act (1982),

Any correspondance between the Department Of Immigration and/or Border Control regarding the updated contract of the immigration detention centre workers, in accordance to the Border Force Act (2015). Additionally, I request any legal documentation of the people who have been sent to jail for violating the Border Force Act.

Yours faithfully,

Nicole Iliagoueva (Macleay College student)

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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

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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...

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From: FOI

Good morning 

 

Thank you for your email dated 26 February 2016 in which you
have submitted an application for access to documents under the Freedom of
Information Act 1982 (FOI Act) .

 

In order for a request for access to documents under the FOI Act to be
valid, it must:

               (a)  be in writing; and 
               (aa)  state that the request is an application for the
purposes of this Act; and 
               (b)  provide such information concerning the [1]document as
is reasonably necessary to enable a responsible officer of the agency to
identify it; and 
               (c)  give details of how notices under this Act may be sent
to you (for example, by providing an electronic address to which notices
may be sent by electronic communication).

 

I do not consider that your request is a valid request for the purposes of
section 15(2)(b) of the FOI Act because you have not provided such
information concerning the document you are seeking as is reasonably
necessary to enable a responsible officer of the Department to identify
it. 

 

I note that your request consists of two parts:

1.            Any correspondence between the Department Of Immigration
and/or Border Control regarding the updated contract of the immigration
detention centre workers, in accordance to the Border Force Act (2015).

2.            Any legal documentation of the people who have been sent to
jail for violating the Border Force Act.

 

In relation to the first part of your request, I do not consider that you
have provided sufficient information to enable to Department of
Immigration and Border Protection to reasonably be able to identify the
documents you are seeking access to.  The terms of your request are vague,
do not specify your definition of "Border Control" and refer to an
"updated contract of the immigration detention centre workers", without
providing sufficient information for the Department to ascertain which
documents you are seeking access to.

 

In relation to the second part of your request, I note that the Border
Force Act came into force on 1 July 2015.  You have not specified which
section or part of the Act you are referring to, and it will be necessary
for you to provide further information before the Department can consider
with any certainty whether it has any documents that are relevant to your
request.

 

Finally, I also note that you are not seeking access to your own personal
information.  Charges may therefore be imposed by this agency in
accordance with the Schedule to the Freedom of Information (Charges)
Regulations 1982.  A copy of that schedule is set out below for your
information:

Table 1: Charges listed in Schedule to the Charges Regulations

+------------------------------------------------------------------------+
|Activity item |Charge |Schedule |
|--------------------------+-----------------------+---------------------|
|Search and retrieval: time|$15.00 per hour |Part I, Item 1 |
|spent searching for or | | |
|retrieving a document | | |
|--------------------------+-----------------------+---------------------|
|Decision making: time |First five hours: Nil |Part I, Item 5 |
|spent in deciding to grant| | |
|or refuse a request, |Subsequent hours: $20 | |
|including examining |per hour | |
|documents, consulting with| | |
|other parties, and making | | |
|deletions | | |
|--------------------------+-----------------------+---------------------|
|Electronic production: |Actual cost incurred by|Part I, Item 3 |
|retrieving and collating |the agency or minister |Part II, Items 4, 4A,|
|information stored on a |in producing the copy |6 |
|computer or on like | | |
|equipment | | |
|--------------------------+-----------------------+---------------------|
|Transcript: preparing a |$4.40 per page of |Part I, Item 4 |
|transcript from a sound |transcript |Part II, Item 7 |
|recording, shorthand or | | |
|similar medium | | |
|--------------------------+-----------------------+---------------------|
|Photocopy: a photocopy of |$0.10 per page |Part II, Item 2 |
|a written document | | |
|--------------------------+-----------------------+---------------------|
|Other copies: a copy of a |$4.40 per page |Part II, Item 3 |
|written document other | | |
|than a photocopy | | |
|--------------------------+-----------------------+---------------------|
|Replay: replaying a sound |Actual cost incurred in|Part II, Item 5 |
|or film tape |replaying | |
|--------------------------+-----------------------+---------------------|
|Inspection: supervision by|$6.25 per half hour (or|Part II, Item 1 |
|an agency officer of an |part thereof) | |
|applicant’s inspection of | | |
|documents or hearing or | | |
|viewing an audio or visual| | |
|recording | | |
|--------------------------+-----------------------+---------------------|
|Delivery: posting or |Cost of postage or |Part II, Item 8 |
|delivering a copy of a |delivery | |
|document at the | | |
|applicant’s request | | |
+------------------------------------------------------------------------+

 

As your request is currently not valid for the purposes of the FOI Act,
the Department is unable to proceed with your request at the present
time.  Once the scope of your request has been clarified to the extent
that the Department can reasonably identify the documents you are seeking
access to, the Department may be able to consider whether it holds any
relevant information.

 

If you require any further assistance, please do not hesitate to contact
the FOI Section at [2][DIBP request email].

 

With kind regards

Alison Smith

FOI Officer | Freedom of Information Section

Information Management Branch

Department of Immigration and Border Protection

E| [DIBP request email]

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