
Our ref:
FOI25/113; CM25/3856
27 March 2025
Tyler
By email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Tyler
Freedom of Information Request FOI25/113 – Decision letter
The purpose of this letter is to give you a decision about your request for access to documents under
the
Freedom of Information Act 1982 (the FOI Act) which you submitted to the Attorney-General's
Office and which was subsequently transferred to the Attorney-General's Department (the
department) under section 16(1) of the FOI Act.
Your request
On 27 February 2025, you requested access to:
Documents submitted to the Governor-General for royal assent to the Protection of Cultural
Objects on Loan Act 2013 (including the certificate from either the House of Representatives
or the Senate, and the certificate signed by the Attorney-General recommending assent).
On 3 March 2025, the department acknowledged your request and advised you the request had
been transferred to the department under s 16(1) of the FOI Act.
A decision in relation to your request is due on 31 March 2025.
My decision
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to freedom of
information requests made to the department.
In making my decision, I have taken the fol owing into account:
• the terms of your request,
• advice provided to me by officers with responsibility for matters to which your request
relates,
• the provisions of the FOI Act, and
• the Guidelines issued by the Australian Information Commissioner under s 93A of the FOI Act
(the Guidelines).
Section 24A of the FOI Act relevantly provides that a
n agency or Minister may refuse
a request for
access to a
document if al reasonable steps have been taken to find the document and the agency is
satisfied that the document:
• is in the agency’s possession but cannot be found, or
• does not exist.
When considering a decision to refuse access under s 24A of the FOI Act, the Guidelines relevantly
provide at paragraph 3.89 that an agency or minister should take comprehensive steps to locate
documents, having regard to:
• the subject matter of the documents,
• the current and past file management systems and the practice of destruction or removal of
documents,
• the record management systems in place,
• the individuals within an agency or minister’s office who may be able to assist with the
location of documents, and
• the age of the documents.
To identify the documents for your request, I arranged for staff likely to be able to identify
documents to undertake comprehensive searches of relevant departmental information holdings. In
particular, a departmental staff member with responsibility for processing FOI requests interrogated
the department’s records management system using search terms which were developed with
reference to the information provided in the scope of your request. Despite these efforts, no
relevant documents were identified. The department does not have the document you are seeking
because the legislation section’s work on legislation ends once the legislation has been submitted to
Parliament for introduction.
Having regard to the above, I am satisfied that reasonable steps to locate the documents to which
you have sought access were undertaken. I am also satisfied that the documents do not exist within
the department’s records holdings. I have therefore decided to refuse access pursuant to s 24A of
the FOI Act.
Attachments
Your review rights under the FOI Act are set out at
Attachment A to this letter.
If you wish to discuss this decision, the FOI case officer for this matter is Rachel, who can be reached
on (02) 6141 6666 or by email to
xxx@xx.xxx.xx.
Yours sincerely
Leonie Cotton
Assistant Director
Freedom of Information and Privacy
Attachments
Attachment A:
Review rights
Attorney-General's Department Freedom of Information Request FOI25/113 Decision letter
Page 2 of 3
Attachment A – Your review rights
If you disagree with my decision, you may ask for an internal review or Information Commissioner
review. We encourage you to seek internal review as a first step as it may provide a more rapid
resolution of your concerns.
Internal review
You may apply for an internal review of my decision within 30 days of receiving this letter. Your
request for internal review must be in writing, and should provide reasons why you believe the
review is necessary. You may apply by emailing
xxx@xx.xxx.xx or by post to:
Director, Freedom of Information and Privacy Section
Office of Corporate Counsel
Attorney-General’s Department
3-5 National Circuit
BARTON ACT 2600
Another officer will make a new decision on your request within 30 days of receiving your request
for internal review. If you are unhappy with the internal review decision, you may ask for an
information Commissioner review.
Information Commissioner review
Information Commissioner review requests must be submitted within 60 days of receiving this letter.
Your request should include your contact details, a copy of my decision, and the reasons why you
disagree with my decision. You can apply in one of the following ways:
Online:
OAIC Web Form
Email:
xxxxx@xxxx.xxx.xx
Mail: Director of FOI Dispute Resolution, GPO Box 5288, Sydney NSW 2001.
More information about Information Commissioner review is available at:
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-reviews/information-commissioner-review
FOI Complaints If you are concerned about how we handled your FOI request, please let us know what we could
have done better, as we may be able to rectify the situation. If you are not satisfied with our
response, you can make a complaint to the Information Commissioner. Your complaint must be in
writing, and can be lodged in one of the following ways:
Online:
OAIC Web Form
Email:
xxxxx@xxxx.xxx.xx
Mail: Director of FOI Dispute Resolution, GPO Box 5288, Sydney NSW 2001.
More information about Freedom of Information complaints is available at:
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-complaints
Attorney-General's Department Freedom of Information Request FOI25/113 Decision letter
Page 3 of 3