I note that on 27 November 2024 you asked for the following documents to be
included as part of your request.
I’d also like to seek any responses from agencies to any relevant OAIC guidance
(as described in my request).
Your request was subsequently processed to include these additional documents.
Request timeframe
Your request was made on 23 November 2024
On 10 December 2024, the OAIC requested an extension of time under section 15AA
of the FOI Act. The OAIC did not receive a response to this request.
This means that a decision on your request is due to be decided by 23 December
2024
Decision and reasons for decision
I am an officer authorised under section 23(1) of the FOI Act to make decisions in
relation to FOI requests on behalf of the OAIC.
I have made the decision to refuse your request on the basis that documents do not
exist.
Material taken into account
In making my decision, I have had regard to the following:
• your FOI request dated 23 November 2024 and subsequent revised scope
dated 27 November 2024.
• the FOI Act, in particular sections 3, 11, 11A, 15, 26, 24A of the FOI Act
• the Guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act to which regard must be had in performing a
function or exercising a power under the FOI Act (FOI Guidelines)
• consultation with line areas of the OAIC in relation to your request
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Documents cannot be found, do not exist or have not been received – Section 24A of
the FOI Act
Section 24A(1) of the FOI Act provides that an agency may refuse a request for access
to document/s requested under the FOI Act if all reasonable steps have been taken to
find the document and the agency is satisfied that the document/s cannot be found
or do not exist.
I have made the decision to refuse your request 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 no documents exist.
The FOI Act requires that all reasonable steps have been taken to locate documents
within scope of an FOI request.
Searches Undertaken
In response to your request, the following line areas of the OAIC conducted
reasonable searches for documents relevant to you request:
• FOI Branch: FOI Monitoring, Guidance & Engagement
• FOI Branch: Case Management
Searches were conducted across the OAIC’s various document storage systems
including:
• the OAIC’s case management system - Resolve
• the OAIC’s document holding system – Content Manager
• OAIC’s email system
• general computer files
The following search terms were used when undertaking electronic records
searches:
• case type ‘guidance’ using terms ‘identification’, ‘ID’ and ‘verification’.
• case type 'enquiry’ using terms ‘identification’, ‘ID’ and ‘verification’.
• Document content search using FOI + identification + applicant.
• Outlook searches for ‘ID’ ‘identification’ ‘ID verification requirement’
‘personal information’ ‘ID guidance’
The line areas provided the following information as to why documents do not exist.
I’ve searched guidance cases and found nothing relevant (i.e., guidance on
identification verification of FOI applicants arising in the context of IC reviews or
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EOTs or otherwise). I do not recal giving any agency advice that fal s within the
scope of this request.
Having consulted with the relevant line areas 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.
Conclusion
Based on the terms of your request and searches undertaken, I am satisfied that all
reasonable steps have been taken to find documents that fall within the scope of
your request and am satisfied that no documents exist.
I have made the decision to refuse your request for access to documents under
section 24A(1)(b)(ii) of the FOI Act, on the basis that no documents exist.
Please see the following page for information about your review rights in relation to
this FOI request.
Further information
The FOI Guidelines include publicly available information that may be relevant and
are available here:
Part 3: Processing and deciding on requests for access | OAIC
Paragraph 3.38 – 3.40 includes guidelines about an FOI applicant’s identity.
Yours sincerely,
Lachlan Smith-Marks
Governance, Risk and Compliance Officer (FOI)
18 December 2024
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If you disagree with my decision
Internal review
You have the right to apply for an internal review of my decision under Part VI of the
FOI Act. An internal review will be conducted, to the extent possible, by an officer of
the OAIC who was not involved in or consulted in the making of my decision. If you
wish to apply for an internal review, you must do so in writing within 30 days. There
is no application fee for internal review.
If you wish to apply for an internal review, please mark your application for the
attention of the FOI Coordinator and state the grounds on which you consider that
my decision should be reviewed.
Applications for internal reviews can be submitted to:
Office of the Australian Information Commissioner
GPO Box 5288
SYDNEY NSW 2001
Alternatively, you can submit your application by email t
o xxx@xxxx.xxx.xx, or by fax
on 02 9284 9666.
Further review
You have the right to seek review of this decision by the Information Commissioner
and the Administrative ReviewTribunal (ART).
You may apply to the Information Commissioner for a review of my decision (IC
review). If you wish to apply for IC review, you must do so in writing within 60 days.
Your application must provide an address (which can be an email address or fax
number) that we can send notices to, and include a copy of this letter. A request for
IC review can be made in relation to my decision, or an internal review decision.
It is the Information Commissioner’s view that it will usually not be in the interests of
the administration of the FOI Act to conduct an IC review of a decision, or an internal
review decision, made by the agency that the Information Commissioner heads: the
OAIC. For this reason, if you make an application for IC review of my decision, and the
Information Commissioner is satisfied that in the interests of administration of the
Act it is desirable that my decision be considered by the ART, the Information
Commissioner may decide not to undertake an IC review.
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Section 57A of the FOI Act provides that, before you can apply to the ART for review
of an FOI decision, you must first have applied for IC review.
Applications for IC review can be submitted online at:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR
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Alternatively, you can submit your application to:
Office of the Australian Information Commissioner
GPO Box 5288
SYDNEY NSW 2001
Or by email t
o xxxxx@xxxx.xxx.xx, or by fax on 02 9284 9666.
Accessing your information
If you would like access to the information that we hold about you, please contact
xxx@xxxx.xxx.xx. More information is available on the Access our information page
on our website.
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