why [Authority name] sought access to this information, how it was intended to be integrated
into the agency’s operations, and any expected outcomes or benefits.
…
On 2 January 2025, a delegate of the Australia Maritime Safety Authority made a decision to
resolve the application under subsection 24A(1) of the FOI Act (“the
Decision”) on the basis
that the requested documents do not exist.
Internal Review Application
On the same day you made an application for internal review of the Decision, you sought
internal review on the following grounds:
The basis of my application stems from information provided by the Department of Veterans’
Affairs (DVA), which confirms the existence of the documents and Memoranda of
Understanding (MOUs) relevant to my request. According to section 24A(1), an agency may
only refuse access if, after taking all reasonable steps to locate the documents, the agency is
satisfied that the documents cannot be found or do not exist. Given the DVA's confirmation, I
question whether the search conducted by AMSA meets the standard of reasonableness
required by the FOI Act.
Under section 15(5)(b), agencies are required to deal with requests efficiently and fairly. A
reasonable and thorough search under the FOI Act should include inquiries with all relevant
business areas or officers within AMSA that could possess, or have knowledge of, the
documents requested. Section 15(1)(a) further obliges agencies to ensure that all documents
falling within the scope of a request are identified and assessed. In light of the DVA's
confirmation, it is imperative that AMSA reviews its internal processes to ensure that
searches have been adequately conducted.
Additionally, section 3(2)(b) of the FOI Act highlights that the purpose of the legislation is to
promote transparency and accountability. The requested documents concern arrangements
for sharing sensitive personal information relating to veterans and their dependents, a matter
of public interest. The importance of transparency in this context necessitates a careful and
exhaustive search for the requested documents to uphold the spirit of the FOI Act.
The confirmation provided by DVA demonstrates that AMSA is a relevant party to these data-
sharing arrangements, and the documents should be held within the agency. I request that
AMSA complies with section 15(3), which requires an agency to provide access to
documents within its possession unless a valid exemption applies. The refusal based on
section 24A(1) cannot be sustained if documents exist, as it contradicts the DVA’s
confirmation.
Relevant material
In reaching my decision, I referred to the following:
• the terms of your request
• the document relevant to the request
• the FOI Act
• Guidelines published by the Office of the Information Commissioner under section 93A
of the FOI Act
• advice from AMSA officers with responsibility for matters relating to the documents to
which you sought access, and
• advice from AMSA’s in-house legal team.
Decision
I am authorised under section 23(1) of the FOI Act to make decisions in relation to FOI
requests. I am writing to notify you of my internal review decision.
Under subsection 24A(1) of the FOI Act, I resolve the application on the basis that the
requested documents do not exist.
I have received advice from relevant business areas and am satisfied that thorough searches
have been undertaken to locate documents falling within the scope of your request. For your
information, searches of AMSA’s record management systems were undertaken by the
Information and Records Team and the People and Property Branch. No documents falling
within the scope of your request were found.
I am also advised that AMSA’s Freedom of Information Team made enquiries with the
Department of Veterans’ Affairs to identify the documents you are seeking access to and no
documents were able to be located as a result.
Review Rights
You are entitled to seek review of this decision.
Attachment A sets out your rights to apply
for review if you are dissatisfied with my decision.
Further information
If you have any queries about this notice, please do not hesitate to contact AMSA’s FOI team
at xxxxxxxxxxxxxxxxxxxx@xxxx.xxx.xx.
Yours sincerely
Anke
Delegate
Australian Maritime Safety Authority
Attachment A - Review rights
Review by the Australian Information Commissioner
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner
to review my decision. An application for review by the Information Commissioner must be
made in writing within 60 days of the date of this letter, and be lodged in one of the following
ways:
online:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR 10
email: xxxxx@xxxx.xxx.xx
post: GPO Box 5218 Sydney NSW 2001
More information about Information Commissioner review is available on the Office of the
Australian Information Commissioner website. Go to https://www.oaic.gov.au/freedom-of-
information/reviews-and-complaints/information-commissioner-review/
Complaints to the Australian Information Commissioner
You may make a complaint to the Australian Information Commissioner about action taken
by AMSA in relation to your request. Information about making a complaint, and a complaint
form can be found at:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-an-foi-
complaint/.
If you are not able to use the complaint form, a complaint to the Australian Information
Commissioner should be made in writing and set out the grounds on which it is considered
that action taken in relation to the request should be investigated and identify AMSA as the
relevant agency. This can be sent by:
email: xxxxx@xxxx.xxx.xx
mail: Director of FOI Dispute Resolution, GPO Box 5218, Sydney NSW
Any enquiries to the Australian Information Commissioner can be directed to:
Phone: 1300 363 992 (local call charge)
Email: xxxxxxxxx@xxxx.xxx.xx
