OFFICIAL
31 May 2024
Mr Jake Gerlach
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Gerlach,
Freedom of Information Request – 20240506
I refer to your request for access to documents made under the
Freedom of Information Act 1982 (Cth) (the
FOI Act), received by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) on 6 May
2024 (ACST).
You sought access to the fol owing documents:
Pursuant to the FOI Act 1982 (Cth) requested is all records regarding breaches by ANSTO of
their radioactivity license in relation to technetium.
On 7 May 2024, ARPANSA acknowledged receipt of your FOI request and provided you with some useful
links to information regarding licence breaches that could have satisfied your request.
On 10 May 2024, ARPANSA advised that as you had not responded to the abovementioned email, the FOI
request would be processed. You were informed that only a small number of ANSTO facilities directly work
with technetium and if you were after other specific documents, to refine the scope of your FOI request to
include a date range, the relevant source or facility licence (if known) and types of documents (e.g.
correspondence between ARPANSA and ANSTO) if possible.
On 11 May 2024, you refined the scope of your FOI request as fol ows:
I am happy for names and other personal details not being supplied.
Please accept limitation of my request to any breaches that have resulted in communication
between ANSTO and ARPANSA and those that relate to Tech 99 only and not Tech m.
As your request was made on 6 May 2024, a decision on your request is due by 5 June 2024.
Decision
I am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to FOI requests.
619 Lower Plenty Road, Yal ambie VIC 3085
PO Box 655, Miranda NSW 1490
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
arpansa.gov.au
OFFICIAL
OFFICIAL
I have refused your request for documents under section 24A of the FOI Act on the basis that all reasonable
steps have been taken to find the documents you have requested and I am satisfied that no documents
exist.
Reasons for Decision
Material taken into account
In making my decision, I have had regard to the fol owing:
• your FOI request
• the FOI Act
• the Guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
• searches conducted by relevant ARPANSA staff.
Requests may be refused if documents cannot be found, do not exist or have not been
received (section 24A)
Section 24A of the FOI Act provides as follows:
Requests may be refused if documents cannot be found, do not exist or have not been received
Document lost or non-existent
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
(ii) does not exist.
Pursuant to section 24A of the FOI Act, I have refused your request for access to documents on the basis
that al reasonable steps have been taken to find the documents you have requested and no documents
exist.
Searches Undertaken
The FOI Act requires that al reasonable steps have been taken to locate documents within the scope of an
FOI request. ARPANSA has conducted searches within the Regulatory Services Branch in ARPANSA due to
the nature of the request, i.e. documents regarding
‘breaches by ANSTO of their radioactivity license in
relation to technetium’ that are generally managed by this area.
The Regulatory Services Branch did not locate any documents relevant to your request. I was advised that
the branch conducted a thorough search of both ARPANSA’s Licence Administration Database and record
619 Lower Plenty Road, Yal ambie VIC 3085
PO Box 655, Miranda NSW 1490
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
arpansa.gov.au
OFFICIAL
OFFICIAL
management system and have found no records of any breaches directly involving ‘Tech 99’ (Tc-99). Search
terms included ‘breach’, ‘licence’, ‘ANSTO’, ‘technetium’ and ‘Tc-99’.
Having consulted with the relevant branch area and having undertaken a review of the records of the
various search and retrieval efforts, I am satisfied that a reasonable search has been undertaken in
response to your request and that no relevant documents exist.
Findings
Based on the advice from the Regulatory Services Branch, the terms of your FOI request and the searches
undertaken, I am satisfied that all reasonable steps have been taken to find documents that fall within the
scope of your request and that the documents do not exist.
I have made the decision to refuse your request for access to documents under section 24A of the FOI Act,
on the basis that no documents exist.
Your Review Rights
If you are dissatisfied with the searches we did to locate documents related to your request, you may apply
for internal review or Information Commissioner review of the decision. The Information Commissioner is
of the view that it is usually better for a person to seek internal review of an agency decision before
applying for an Information Commissioner review. Internal review enables an agency to take a fresh look at
its original decision and the process can be quicker than external review.
Internal review
Under section 54 of the FOI Act, you may apply in writing to ARPANSA for an internal review of my decision.
The internal review application must be made within 30 days of the date of this letter. Where possible
please attach reasons why you believe review of the decision is necessary. The internal review wil be
carried out by another officer within 30 days.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to review my
decision. An application for review by the Information Commissioner must be made in writing within 60
days of the date of this letter, and be lodged in one of the following ways:
online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR 10
email: xxxxx@xxxx.xxx.xx
post: GPO Box 5288 Sydney NSW 2001
More information about Information Commissioner reviews is available on the Office of the Australian
Information Commissioner website: https://www.oaic.gov.au/freedom-of-information/your-freedom-of-
information-rights/freedom-of-information-reviews/information-commissioner-review.
619 Lower Plenty Road, Yal ambie VIC 3085
PO Box 655, Miranda NSW 1490
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
arpansa.gov.au
OFFICIAL
OFFICIAL
FOI complaints
If you are unhappy with the way we have handled your FOI request, please let us know what we could have
done better. We may be able to rectify the problem. If you are not satisfied with our response, you can
make a complaint to the Australian Information Commissioner. A complaint to the Information
Commissioner must be made in writing. Complaints can be lodged in one of the following ways:
online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICCA 1
email: xxxxx@xxxx.xxx.xx
post: GPO Box 5288 Sydney NSW 2001
More information about complaints is available at the Office of the Australian Information Commissioner
website: https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-an-foi-
complaint/.
If you are not sure whether to lodge an Information Commissioner review or an Information Commissioner
complaint, the Office of the Australian Information Commissioner has more information at:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Questions about this decision
If you would like to discuss this decision, please contact the FOI Team at xxx@xxxxxxx.xxx.xx.
Kind regards,
Laura Antoniazzi
Legal Counsel
Office of the General Counsel
Australian Radiation Protection and Nuclear Safety Agency
619 Lower Plenty Road, Yal ambie VIC 3085
PO Box 655, Miranda NSW 1490
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
arpansa.gov.au
OFFICIAL
