Our reference: CB 25-154
Glenn Hamiltonshire
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Hamiltonshire
Decision on your Freedom of Information Request
On 28 October 2024, you submitted a request to the Classification Board (the Board), seeking access to
documents under the
Freedom of Information Act 1982 (FOI Act).
1
Your request
You requested access to:
Access to any submissions, correspondents, or documents received and exchanged by the
Australian Classification Board from the following organisations from 1 January 2020 onward:
(a). Australian Christian Lobby (ACL)
(b). ADVANCE (formerly Advance Australia)
(c). Institute of Public Affairs (IPA)
2
Authority to make decision
I am authorised to make decisions in relation to Freedom of Information requests under section 23(1) of the
FOI Act.
3
Decision
The right of access under the FOI Act is limited to a ‘document of an agency’, being a document in the
possession of the Board, whether created by the Board or received by the Board (section 4 of the FOI Act
refers).
Section 24A of the FOI Act provides that an agency may refuse a request for access to a document if:
(a) al 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.
The business area responsible for providing secretariat support to the Board has conducted searches of the
Board’s information holdings. No documents matching the description in your request were identified as
being in the possession of the Board.
I am satisfied that all reasonable steps have been taken to find documents which would be relevant to your
request and that the documents do not exist in the possession of the Board.
I have decided, in accordance with section 24A of the FOI Act, that the Board does not hold a document in
its possession that meets the terms of your request.
4
Material taken into consideration
In making my decision, I had regard to the fol owing:
• the terms of your request
• the provisions of the FOI Act
• the guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
(the FOI Guidelines)
• advice from officers responsible for providing secretariat support to the Board
5
Legislative provisions
The FOI Act, including the provisions referred to in my decision, are available on the Federal Register of
Legislation website: www.legislation.gov.au/Series/C2004A02562.
6
Your review rights
If you are dissatisfied with my decision, you may apply for a review of it.
An application for IC review must be made in writing to the Office of the Australian Information Commissioner
(OAIC) within 60 days of the decision.
If you are not satisfied with the way we have handled your FOI request, you can lodge a complaint with the
OAIC. However, the OAIC suggests that complaints are made to the agency in the first instance.
More information about the Information Commissioner reviews and complaints is available on the OAIC
website here: www.oaic.gov.au/freedom-of-information/foi-review-process.
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Further information
The Department of Infrastructure, Transport, Regional Development, Communications and the Arts provides
administrative assistance to the Classification Board in relation to FOI matters.
If you require further information regarding this decision, please contact the Department’s FOI Section
at xxx@xxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Dominique Irlinger
A/g Director
Classification Board
Date: 15 November 2024
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