Internal Review Reference: LEX 12015
FOI Reference: LEX 11678
File Reference: 25/2536
February 2025
CR (Right to Know)
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear CR
Re: Freedom of Information – Internal Review
The purpose of this letter is to advise you of the outcome of your request for an internal
review of a decision to grant access to documents that were requested under the
Freedom
of Information Act 1982 (FOI Act).
After careful, independent consideration, I have decided to
affirm the original decision.
Original request
On 22 October 2024, you requested access to the fol owing documents:
1. Correspondence between DFAT and Crikey regarding how many Australians have
been evacuated or kil ed as a result of the last 12 months of war in the Middle East.
Crikey states this correspondence started on 11 October 2024.
2. Internal deliberation, decision-making and consultation with relevant line areas
within DFAT as a result of Crikey's request for information. Al documents that were
created as a result of this process. This part should demonstrate:
i) The department's consideration of and response to Crikey's request for
information.
ii) The decision-making process on whether to disclose the requested information.
i i) Any discussions about the rationale for not providing certain information or
putting reasoning on the record.
iv) Consultations between different sections or individuals within DFAT regarding this
matter.
Original decision
On 20 January 2025, you were notified of a partial access decision made by Rebecca Vivian,
Acting Assistant Secretary, Passport Integrity and Support Branch (the original decision).
The original decision identified documents consisting of 109 pages relevant to the request.
Access to part of the documents was refused on the basis that:
• disclosure would, or could reasonably be expected to have a substantial adverse
effect on the proper and efficient conduct of the operations of an agency (section
47E(d) of the FOI Act); and
• disclosure would involve the unreasonable disclosure of personal information about
any person (section 47F of the FOI Act).
Internal review
On 31 January 2025, you requested an internal review of the original decision. In your
request you stated:
I am not entirely satisfied that all relevant documents were captured in your searches.
There are hardly any documents that contain deliberations and decision-making
regarding:
ii) The decision-making process on whether to disclose the requested information.
i i) Any discussions about the rationale for not providing certain information or
putting reasoning on the record.
Authority
I am an officer authorised under section 23 of the FOI Act to make decisions in relation to
FOI requests.
Reasons
In making my decision I have taken into account:
• the terms of the request;
• the documents within the scope of the request;
• the search results from the responsible line areas;
• the content of the original decision letter;
• your reasons for seeking an internal review;
• the FOI Act; and
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (FOI Guidelines).
The reasons for my decision are set out below. Where I refer to sections of the FOI Act,
these are available at www.legislation.gov.au. Where I refer to parts of the FOI Guidelines,
these are available at FOI Guidelines.
Document searches
Your request related to correspondence between DFAT and a media outlet, Crikey, about a
media enquiry seeking information about Australians evacuated from or killed in Lebanon,
Israel, or the occupied Palestinian territories in the last 12 months. Your request sought
deliberation, decision-making and internal consultations resulting from the media inquiry.
The FOI team determined that the fol owing areas of the department were most likely to
hold relevant documents:
• Consular Operations Branch – assists Australians overseas.
• Media and Communications Delivery Branch – responds to media enquiries.
• Middle East Branch – the area responsible for the Middle East.
The FOI Team sent search tasking to each of the above three areas. As part of the search
tasking, the FOI team provides a document search record (referred to internally as a “search
minute”). This document lists all the record management systems and hardcopy storage
facilities a line area should search for documents.
After a line area has finished searching for documents, they complete the search minute and
indicate to the FOI team what record management systems and storage facilities they
searched. The search minute is then signed off by a relevant Senior Executive, certifying that
the searches were conducted, and that the results are accurate.
The search minute, which was circulated to the above areas, also asks them to identify other
areas of the department which may hold documents relevant to your request. No additional
subject matter areas were identified during searches.
The department’s instructions to subject matter areas provides a comprehensive
list of the places a line area needs to search to locate relevant documents
The search minute returned by each of the relevant subject matter areas indicated that al
relevant documents had been located and assessed in the processing of your original
request. Each of the returned search minutes were endorsed by the relevant executive from
the subject matter area.
Decision
I am satisfied that all reasonable steps have been taken to locate documents relating to your
FOI request and apart from the documents already disclosed to you, no other relevant
documents exist.
As such, I
affirm the original decision.
Review rights
Information about your review rights is set out in the
Attachment for your reference.
Contact
Should you have any queries regarding this matter please contact the Freedom of
Information Section by email (xxx@xxxx.xxx.xx).
Yours sincerely
Paula Ganly
First Assistant Secretary
Department of Foreign Affairs and Trade
REVIEW AND COMPLAINT OPTIONS
COMPLAINT
If you consider the department made the
How to make a complaint about process
wrong decision, please request an
external review.
Complaint to the department
If you are dissatisfied with the way your
If you wish to make a complaint about
request was processed, please make a
how your FOI request was processed by
complaint.
the department, we welcome you sending
an email with the details of your
REVIEW
complaint to the department in the first
instance via xxx@xxxx.xxx.xx.
How to seek a review of this decision
Complaint to the IC
External review by the Information
Commissioner (IC)
You may also make a complaint to the IC
about the Departments actions in relation
You may apply to the Australian
to this decision (section 70 of the FOI Act).
Information Commissioner to review this
decision (section 54L of the FOI Act). To
Further information about how to make a
do this, you must contact the IC within 60
complaint is available on OAICs website.
calendar days from the day you receive
this notice.
Further information on applying for an IC
review is available on Office of the
Australian Information Commissioners
(OAIC) website.
