12 March 2025
David (Right To Know)
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 25/02/01390
File Number:
FA25/02/01390
Dear David (Right To Know)
Freedom of Information (FOI) request – Decision
On 23 February 2025, the Department of Home Affairs (the Department) received a request for
access to document under the
Freedom of Information Act 1982 (the FOI Act).
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
1
Scope of request
You have requested access to the following document:
Dear Department of Home Affairs,
I would like to request the updated procedural guidance, as of current date making the
request of 23/03/2025, on processing permanent and temporary visa, specifically:
- 189
- 190
- 491
This document should focused on how you assess work experience (i.e. I want to know if
working in an Accounting occupation during and before finishing their Accounting
Bachelor study would entitle the applicant to claim that work experience in their
permanent visa application for the abovementioned 189, 190 and 491).
Please put more details about this in the procedural guidance.
I refer to FA 200601127 as reference for this updated procedural guidance at
https://www.homeaffairs.gov.au/foi/files/2020/fa-200601127-document-released.pdf.
2
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access document or to amend or annotate records.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • www.homeaffairs.gov.au
3
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 (the FOI Guidelines)
• advice from Departmental officers with responsibility for matters relating to the
document to which you sought access
4
Document in scope of request
The documents relevant to your request are publicly available on Legend.com and to the wider
public via libraries that subscribe to LEGENDcom, through the Commonwealth Library deposit
and free issue scheme.
The information you seek can be found on the following Department’s web page, at:
LEGENDcom (homeaffairs.gov.au)
5
Decision
My decision in relation to your request is to refuse access to the document you have requested
on the basis that it is available on LEGEND.
6
Reasons for Decision
Section 12(1)(b) of the FOI Act provides that a person is not entitled to access a document that
is open to public access, as part of a public register or otherwise, in accordance with another
enactment, where that access is subject to a fee or other charge.
As the documents you have requested access are available on LEGEND, I consider that you are
not entitled to access to the document under the FOI Act.
The relevant business area has advised that the current version of the PI “[Sch6D] Schedule 6D
general points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1)” is
the one published on Legend (
and referenced by the applicant) There have been no further
updates at this point.
7
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Series/C2004A02562. If you
are unable to access the legislation through this website, please contact our office for a copy.
8
Your review rights
If you disagree with this decision, you have the right to apply for either an internal review or an
Information Commissioner review of the decision.
Internal review
If you want the Department to review this decision, you must make your internal review request
within 30 days of being notified of this decision.
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When making your internal review request, please provide the Department with the reasons why
you consider this decision should be changed.
You can send your internal review request to:
Email: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
The internal review will be carried out by an officer who is more senior than the original decision
maker. The Department must make its decision on the review within 30 days of receiving your
request for internal review.
Information Commissioner review
If you want the Australian Information Commissioner to review this decision, you must make your
request to the Office of the Australian Information Commissioner (OAIC) within 60 days of being
notified of this decision.
You can apply for an Information Commissioner review using the Information Commissioner
review application form on the OAIC website.
You can find more information about Information Commissioner reviews on the OAIC website.
9
Making a complaint
You may make a complaint to the Australian Information Commissioner if you have concerns
about how the Department has handled your request under the FOI Act. This is a separate
process to the process of requesting a review of the decision as indicated above.
You can make an FOI complaint to the Office of the Australian Information Commissioner
(OAIC) at: FOI Complaint Form on the OAIC website.
10
Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
xxx@xxxxxxxxxxx.xxx.xx .
Kind regards
Electronically signed
Trish
Position no: 60209751
Authorised Decision Maker
Department of Home Affairs
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