13 January 2025
Nosey Rosey
By email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
ACMA file reference: ACMA2024/2188
Dear Nosey Rosey,
Request for access to documents under the Freedom of Information Act 1982
I refer to your
Freedom of Information Act 1982 (FOI Act) request received 14
December 2024, in which you sought access to “documents, records, data, and
supporting material held by [the ACMA] concerning the sharing of personal
information originating from the Department of Veterans’ Affairs (DVA) over
the last ten years”. I also refer to the acknowledgment letter sent to you dated
18 December 2024.
I confirm that I am an authorised decision maker within the meaning of section
23 of the FOI Act.
Material taken into account
I have taken the following material into account in making my decision on
access:
• your request
• the FOI Act; and
• the guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act.
Decision on access
I have decided to refuse your request for documents identified in your FOI
request in accordance with subsection 24A(1) of the FOI Act.
Subsection 24A(1) provides as follows:
‘An agency or Minister 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.’
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I have undertaken searches of the ACMA’s document management system and
consulted with relevant members of ACMA staff. No relevant documents were
located in these searches.
Accordingly, pursuant to subsection 24A(1) of the FOI Act, I am refusing your
request for access after taking al reasonable steps to find the document(s) and
being satisfied that the document(s) do not exist within the ACMA.
The ACMA is responsible for the regulation of broadcasting, the internet,
radiocommunications and telecommunications, in accordance with the
functions and powers set out in Part 2 of the
Australian Communications and
Media Authority Act 2005. The ACMA does not have a Memorandum of
Understanding with the DVA, nor does the ACMA have any reason to be in
receipt of DVA client information.
Your rights of review
Please find enclosed the ACMA's Information Sheet entitled
Freedom of
Information Act 1982 - Rights of Review of Applicants.
Further information about the FOI Act is available on the ACMA's website at
Freedom of Information | ACMA.
Yours sincerely,
Morgan Vaudrey
Freedom of Information Coordinator
Legal Services Division
Authorised decision maker pursuant to subsection 23(1) of the FOI Act
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