LEX 80746 Internal Review Decision Letter.pdf

PO Box 7820 Canberra BC ACT 2610
23 August 2024

Our reference: LEX 80746
LEX 80283

Ben Fairless (Right to Know)

Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Mr Fairless,

Freedom of Information Request – Internal Review Decision

I refer to your correspondence to Services Australia (the Agency) on 24 July 2024, seeking an
internal review of the original decision (LEX 80283) made by the Agency on 22 July 2024 in
relation to your request for access to documents under the Freedom of Information Act 1982
(FOI Act).

Background

On 25 June 2024, you requested access under the FOI Act to the following documents:

Websites have something called a "robots.txt" file that helps search engines work out
what they should be indexing and what they shouldn't be.

The Operational information portal's robots.txt file (located at
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Foperational.ser
vicesaustralia.gov.au%2Frobots.txt&data=05%7C02%7Cfreedomofinformation%40se
rvicesaustralia.gov.au%7Cc590cf1bf6b14280caef08dc94e4cb28%7C627250e63e294
861a084aad68ccfcccc%7C0%7C0%7C638548957779470560%7CUnknown%7CTW
FpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6
Mn0%3D%7C40000%7C%7C%7C&sdata=HlCdFo7QkKUtaYRTOXMlbF6EmdxmRg
ooE7c7hmCfiT0%3D&reserved=0) has the below information at the top:
++++++++++
# robots.txt for
https://aus01.safelinks.protection.outlook.com/?url=http%3A%2F%2Foperational.hum
anservices.gov.au%2F&data=05%7C02%7Cfreedomofinformation%40servicesaustral
ia.gov.au%7Cc590cf1bf6b14280caef08dc94e4cb28%7C627250e63e294861a084aad
68ccfcccc%7C0%7C0%7C638548957779488844%7CUnknown%7CTWFpbGZsb3d8
eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7
C40000%7C%7C%7C&sdata=PLVCCsI7C%2BK5KWNKLuMGi%2BtPGOILFEkvqVL
5pCCJ20Q%3D&reserved=0
# only allow Funnelback for on-site search # all other external search engines are
blocked
++++++++++
I seek the documents that informed the decision to "block all external search engines"
on the Operational information portal. Please treat this request administratively if
possible. Otherwise consider it a formal FOI request.

On 22 July 2024, the Agency notified you of the original decision to refuse access under
section 24A of the FOI Act to documents within the scope of your request on the basis all
reasonable steps had been taken to locate these documents and they could not be located.
PAGE 1 OF 7

On 24 July 2024 you requested an internal review of the original decision.

Summary of my internal review decision

I am authorised to make decisions under section 23(1) of the FOI Act, including internal review
decisions under section 54C of the FOI Act.

Consistent with the requirements of section 54C(2) of the FOI Act, I have made a fresh
decision.

Having considered the material before me, I have decided to refuse your request under section
24A of the FOI Act. This refusal is made on the basis that all reasonable steps have been
taken to locate the relevant documents and they cannot be located.

This has the effect of affirming the original decision made on 22 July 2024.

Please see Attachment A for further information regarding the reasons for my decision.

You can ask for a review of the decision

If you disagree with any part of the decision, you can ask for an external review by the
Australian Information Commissioner. See Attachment B for more information about how to
request an external review.

Further assistance

If you have any questions, please email xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx.

Yours sincerely

Tara
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Reviews Branch | Legal Services Division
Services Australia
PAGE 2 OF 7

PO Box 7820 Canberra BC ACT 2610

Attachment A
REASONS FOR DECISION

What you requested

On 25 June 2024, you requested access under the FOI Act to the following documents:

Websites have something called a "robots.txt" file that helps search engines work out
what they should be indexing and what they shouldn't be.

The Operational information portal's robots.txt file (located at
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Foperational.ser
vicesaustralia.gov.au%2Frobots.txt&data=05%7C02%7Cfreedomofinformation%40se
rvicesaustralia.gov.au%7Cc590cf1bf6b14280caef08dc94e4cb28%7C627250e63e294
861a084aad68ccfcccc%7C0%7C0%7C638548957779470560%7CUnknown%7CTW
FpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6
Mn0%3D%7C40000%7C%7C%7C&sdata=HlCdFo7QkKUtaYRTOXMlbF6EmdxmRg
ooE7c7hmCfiT0%3D&reserved=0) has the below information at the top:
++++++++++
# robots.txt for
https://aus01.safelinks.protection.outlook.com/?url=http%3A%2F%2Foperational.hum
anservices.gov.au%2F&data=05%7C02%7Cfreedomofinformation%40servicesaustral
ia.gov.au%7Cc590cf1bf6b14280caef08dc94e4cb28%7C627250e63e294861a084aad
68ccfcccc%7C0%7C0%7C638548957779488844%7CUnknown%7CTWFpbGZsb3d8
eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7
C40000%7C%7C%7C&sdata=PLVCCsI7C%2BK5KWNKLuMGi%2BtPGOILFEkvqVL
5pCCJ20Q%3D&reserved=0
# only allow Funnelback for on-site search # all other external search engines are
blocked
++++++++++
I seek the documents that informed the decision to "block all external search engines"
on the Operational information portal. Please treat this request administratively if
possible. Otherwise consider it a formal FOI request.

On 22 July 2024, the Agency notified you of the original decision.

Your internal review request

On 24 July 2024, you requested an internal review of the original decision, providing written
submissions in which you argued:

I am writing to request an internal review of Services Australia's handling of my FOI
request 'Operational information portal - robots.txt file'.

The robots.txt file was last modified on Wed, 22 Dec 2021 09:39:02 GMT. Given the
modification date, the fact there are no documents related to this file seems unlikely.

I note the original decision refers to documents related to “the decision to block all
external search engines from *searching* the Operational Information Portal”

I hope that the agency is not being pedantic, but just in case my request was related to
any document that informed the decision to “block all search engines” - not “block all
PAGE 3 OF 7

external engines from searching” (there is a very slight, but important distinction
between the two).

A full history of my FOI request and all correspondence is available on the Internet at
this address:

https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttokno
w.org.au%2Frequest%2Foperational information portal r&data=05%7C02%7Cfreed
omofinformation%40servicesaustralia.gov.au%7C1bff6e7e33064dc2dc9308dcabc1a0
6a%7C627250e63e294861a084aad68ccfcccc%7C0%7C0%7C63857409532463299
8%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJB
TiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=rpQWX71bviFD3MHK
UhXMqysGil9%2BU7%2FcrNxtwPdkW8Y%3D&reserved=0

What I took into account

In reaching my decision I took into account:

  your original request dated 25 June 2024

  your internal review request dated 24 July 2024

  consultations with Agency officers about:

o  searches conducted for the documents requested, and

o  the Agency's operating environment and functions

  guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (the Guidelines), and

  the FOI Act.

Reasons for my decision

I am authorised to make decisions under section 23(1) of the FOI Act, including internal review
decisions under section 54C of the FOI Act.

Section 24A – Documents cannot be located or do not exist

Section 24A of the FOI Act permits an agency to refuse a request for access to a document if
all reasonable steps have been taken to find the document, and the agency is satisfied the
document cannot be found or does not exist.

The Staff Processing and Enterprise Systems Division and Service Delivery Optimisation
Division conducted fresh searches for documents within the scope of your request. These
searches included documents relating to changes to the robots.txt file on or around 22
December 2021.

The Staff Processing and Enterprise Systems Division conducted searches for hard copy
versions of the documents and scanned all electronic versions of documents searching for
references to ‘robots.txt’ files and related use with respect to the Agency’s public Operational
Blueprint. No documents were found within the scope of your request.
PAGE 4 OF 7

The Service Delivery Optimisation Division searched all records and emails within the
Operational Blueprint team. No documents were found within the scope of your request.

On the basis of thorough searches undertaken in the original decision and the fresh searches
undertaken as part of the internal review, I am satisfied in accordance with section 24A of the
FOI Act:

1.  all reasonable steps have been taken to find the relevant documents, and

2.  documents informing the decision to block all external search engines on the
operational information portal cannot be located.

Summary of my internal review decision

In conclusion, I have decided to refuse your request under section 24A of the FOI Act as all
reasonable steps have been taken to locate the relevant documents and they cannot be
located.

PAGE 5 OF 7

PO Box 7820 Canberra BC ACT 2610

Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982

Asking for a full explanation of a Freedom of Information (FOI) decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We will explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of an FOI internal review decision
If you still believe a decision is incorrect, the FOI Act gives you the right to apply for an external
review of the internal review decision. Under section 54M of the FOI Act, you can apply for a
review of an FOI decision by the Australian Information Commissioner. There are no fees for
this review.
You have 60 days to apply in writing for review by the Australian Information Commissioner.
You can lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO
Box
5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx

Important:
  If you are applying online, the application form the 'Merits Review Form' is available at
www.oaic.gov.au.
  If you have one, you should include with your application a copy of the Agency’s
decision on your FOI request
  Include your contact details
  Set out your reasons for objecting to the Agency's decision.
Complaints to the  Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner

You may complain to the Australian Information Commissioner concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Australian Information Commissioner must
be made in writing. The Australian Information Commissioner's contact details are:

Telephone:    1300 363 992
Website:      www.oaic.gov.au
PAGE 6 OF 7

Commonwealth Ombudsman

You may also complain to the Commonwealth Ombudsman concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be made
in person, by telephone or in writing. The Commonwealth Ombudsman's contact details are:

Phone: 1300 362 072
Website: www.ombudsman.gov.au

The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.

PAGE 7 OF 7