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IMPORTANT INFORMATION

Your email has been received by the Department of Home Affairs Freedom of
Information (FOI) Section.

The FOI section only responds to valid FOI requests and other matters
relating to the Freedom of Information Act 1982 (the FOI Act).  Visit the
FOI Information on our Website for more information on what [1]information
can be accessed under the FOI Act 1982.

What is a valid FOI request?

A valid FOI request may be for:

- documents you previously provided to the Department as part of a visa
application

- a copy of a decision record made by the Department

- statistical information held by the Department

- papers or briefings the Department prepared.

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request.

A valid FOI request must:

o Be in writing and state the request is for consideration under the FOI
Act.
o Have enough information for us to be able to identify the documents
you are seeking.
o Provide a physical or electronic address where we can send our
decision.

Do not send duplicate emails as this may cause longer delays in processing
times.

What is an invalid FOI request?

Invalid FOI requests may include:

- Making a visa application

- Seeking evidence of your Australian Citizenship

- Seeking information about traveling to or departing Australia.

If your email is not specific an FOI request or FOI related matter, the
FOI section will not respond.

What happens next?

Once we receive and have registered your FOI request, we will send you an
acknowledgment letter by email. Read the acknowledgment letter carefully
for further instructions.

FOI requests are generally processed in the order they are received.

We will contact you as soon as the Department has assessed your request
under the FOI Act.

We’re responding to a large volume of requests

Due to the current high volume of requests, we will not provide progress
up-dates on current FOI requests.  This is to ensure we are able to
process as many requests as possible, including yours.

If processing your request is going to take us a lot of time and because
it is large or unspecific, it may be refused.  

Still have a question or request?

If you still have a question, which has not been answered above, and which
is about the work of the Department, use our general enquiries web page

[2]https://immi.homeaffairs.gov.au/help-sup...

You may be able to resolve your enquiry faster using these other resources

We only action and respond to FOI requests that are valid under the
Freedom of Information Act 1982. You may be able to resolve your enquiry
faster by using these resources:

General information about travelling to Australia:

The Department of Home Affairs, “Entering Australia” site
[3]https://immi.homeaffairs.gov.au/entering...

·       For visa and our requirements for entry to Australia
[4]https://immi.homeaffairs.gov.au/visas/ge...

For a copy of your visa refusal or visa grant letter you should contact
the office where you lodged your visa application. 

·       To check your current visa details and conditions use the
Department’s Visa Entitlement Verification Online (VEVO) portal which can
be accessed [5]here

·       If you are experiencing technical difficulties in lodging your
visa application through ImmiAccount, submit your concerns through the
ImmiAccount Technical Support Form, which is accessible [6]here.

·       For evidence of your Australian Citizenship please refer [7]here.
The FOI Section does not process these requests.

·       For movement records or travel history complete the online
International Movement Records form [8]here. The FOI Section does not
process these requests.

·       To update your details, including your Passport details, you can
notify the Department [9]here. The FOI Section does not process these
requests.

We appreciate your feedback         

We appreciate your feedback to help improve our services.

If you would like to provide feedback to us please use our Compliments,
complaints and suggestions form.
[10]https://www.homeaffairs.gov.au/help-and-...

Thank you

Information updated 11 January 2022

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. https://www.homeaffairs.gov.au/access-an...
2. https://immi.homeaffairs.gov.au/help-sup...
3. https://immi.homeaffairs.gov.au/entering...
4. https://immi.homeaffairs.gov.au/visas/ge...
5. https://immi.homeaffairs.gov.au/visas/al...
6. https://immi.homeaffairs.gov.au/help-sup...
7. https://immi.homeaffairs.gov.au/citizens...
8. https://immi.homeaffairs.gov.au/entering...
9. https://immi.homeaffairs.gov.au/change-i...
10. https://www.homeaffairs.gov.au/help-and-...

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:
FOI Request: FA 23/05/00662
File Number: FA23/05/00662

Dear John Smith,

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 9 May 2023 the Department of Home Affairs (the Department) received your request to access documents held by the Department under the Freedom of Information Act 1982 (the FOI Act). This letter also provides important information about your request.

Scope of request
You have requested access to the following:
I write to request the 2023–24 Budget estimate brief on humanitarian places.

Your request has been allocated FOI request number FA 23/05/00662. Please include your FOI request number in all correspondence with the Freedom of Information Section.
Timeframe

The timeframe for processing a request is 30 days from the day we receive your request, as set out in the FOI Act.

Your review rights in relation to your request are available on the website of the Office of the Australian Information Commissioner.

Fees and Charges
Charges do not apply to requests from individuals seeking access to documents about themselves. However, a charge may apply to all other requests for access to documents.
Charges are based on the amount of time the Department spends on your request. Charges can range from $10 to over $1,000 depending on the complexity and scope of your request. The Office of the Australian Information Commissioner reported that across the public service, the average charge notified was $335.50 in 2020-21.
If a charge applies, you will be issued with a Notice of Charge that explains the charge and your options.
Detailed information about FOI charges that may apply to your FOI request is available on the Department’s website.

We do not provide personal details of staff
The Department’s practice is to exclude the personal details of staff not in the Senior Executive Service (SES), as well as the direct contact details of SES staff, contained in documents that fall within scope of an FOI request. If you require personal details of non-SES officers, or direct contact details of SES staff, please inform us so the decision maker may consider your request. Otherwise we will take it that you agree to that information being excluded from the scope of your request. However names of staff that have previously been released in departmental correspondence may be disclosed.

We do not provide duplicated documents
If the FOI decision-maker deems a document to be a duplicate, they will not assess those pages as part of your FOI request. This means that if a there is a decision to release the document to you, you will receive only one copy, even if multiple copies of that document exist.

Publication of document
Released documents you request may be published to our website
Where documents are released to you in response to your request, the Department may be required to publish these documents on its website within 10 working days in accordance with section 11C of the FOI Act. Publication will not be required where the documents contain personal or business affairs information.

How to reduce or withdraw your request
Reducing the scope of your request can reduce the time and charges associated with processing your FOI request.
To reduce or withdraw your request, contact the FOI section at [Department of Home Affairs request email] and include your FOI request number.
Contacting the FOI Section

Should you wish to discuss your request you may contact the FOI Section at [Department of Home Affairs request email].

Kind regards,

FOI Officer - Geoff
Freedom of Information
Department of Home Affairs

E: [Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

-----Original Message-----
From: John Smith <[FOI #10294 email]>
Sent: 9 May 2023 9:16 PM
To: FOI <[Department of Home Affairs request email]>
Subject: CM: Freedom of Information request - 2023–24 Budget estimate brief on humanitarian places.

Dear Department of Home Affairs,

I write to request the 2023–24 Budget estimate brief on humanitarian places.

Yours faithfully,

John Smith

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #10294 email]

Is [Department of Home Affairs request email] the wrong address for Freedom of Information requests to Department of Home Affairs? If so, please contact us using this form:

https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

Important Notice: The content of this email is intended only for use by the individual or entity to whom it is addressed. If you have received this email by mistake, please advise the sender and delete the message and attachments immediately. This email, including attachments, may contain confidential, sensitive, legally privileged and/or copyright information.

Any review, retransmission, dissemination or other use of this information by persons or entities other than the intended recipient is prohibited. The Department of Home Affairs and ABF respect your privacy and have obligations under the Privacy Act 1988.

Unsolicited commercial emails MUST NOT be sent to the originator of this email.

hide quoted sections

OFFICIAL

In reply please quote:

FOI Request: FA 23/05/00662

File Number: FA23/05/00662 

Dear John Smith

I refer to your request to access documents under the Freedom of
Information Act 1982 (the FOI Act), which the Department of Home Affairs
(the Department) received on 9 May 2023.

As provided under section 29 of the Freedom of Information Act 1982 (the
FOI Act) and the Freedom of Information (Charges) Regulations 1982 (the
Regulations), I have determined that payment is required for this request
to be processed.

Preliminary assessment of charges

I have assessed the work the Department would need to do to process your
request, taking into account the time that would be spent by the relevant
business areas in producing documents from the Department’s computer
systems under section 17 of the FOI Act and assessing the documents for
release. I have calculated the charge as follows:

Search and retrieval: 1 hour @ $15 per hour = $15.00

Decision making: No charge

(no charges are applied for the first five hours of decision-making)

Total: $15.00

(charge has been rounded down to the nearest whole dollar amount)

Next steps

Within 30 days of this email you must:

•      pay the charge indicated in the attached invoice for your request
to proceed, and/or

•      write to the Department if you believe the charge has been wrongly
assessed, should be reduced or not imposed, or

•      withdraw your request.

Your request will not be processed until you take one of these actions.
Your request will be withdrawn if you do not take action with 30 days.

Option 1: Pay the charge

If the Department does not make a decision on your request within the
statutory time limit, we will refund your payment.

Details of how to pay are contained in the attached invoice.

Option 2: Write to the Department to contend charges are incorrect or
should be waived or reduced

You can contest the charge on the grounds that the charge was not properly
calculated, or:

•          that payment of the charge, or part of it, would cause you
financial hardship

•          that giving access to the documents is in the general public
interest, or in the interest of a substantial section of the public.

This is not an exhaustive list and the Department may consider any other
relevant matters.

Please set out your reasons as clearly as possible and provide supporting
evidence.

The Department has a statutory timeframe of 30 days from the date of your
response to make a decision to reduce or not impose a charge. We will
notify you of our charges decision in writing.

You may still dispute the charge if you have paid the charge. If the
Department agrees to reduce or waive the charge, and the final charge
amount is less than the amount you have paid, we will issue you with a
refund.

Option 3: Withdraw your request

To withdraw your request, please send an email to
[1][Department of Home Affairs request email] or reply to this email stating that you wish to
withdraw the request.

If you withdraw your request, we will close your request and no charges
will be incurred.

Timeframe for your response

You must respond to this notice within 30 days, which is by Thursday, 29
June 2023.

If you do not provide a written response within this timeframe your
request will be deemed withdrawn under section 29(2) of the Act. No
charges will be incurred.

Legislation and further information

A copy of the FOI Act is available at
[2]https://www.legislation.gov.au/Series/C2...

Information about how we calculate charges can be seen at: [3]We consider
your Freedom of Information request (homeaffairs.gov.au)

The Office of the Australian Information Commissioner also provides
information about charging at: [4]What charges may apply? - Home
(oaic.gov.au)

Contact

Please contact [5][Department of Home Affairs request email] if you have any questions about
this notice.

Yours sincerely,

[Electronically signed]

Phil

Position No. 60157242

Authorised FOI Officer - Freedom of Information

FOI and Records Management Branch | Legal Group

Department of Home Affairs  | [6]www.homeaffairs.gov.au

Email [7][Department of Home Affairs request email]

[8]signature

OFFICIAL

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[Department of Home Affairs request email]
2. https://www.legislation.gov.au/Series/C2...
3. https://www.homeaffairs.gov.au/access-an...
4. https://www.oaic.gov.au/freedom-of-infor...
5. mailto:[Department of Home Affairs request email]
6. http://www.homeaffairs.gov.au/
7. mailto:[Department of Home Affairs request email]

OFFICIAL

In reply please quote:

FOI Request:       FA 23/05/00662

File Number:        FA23/05/00662 

Dear John Smith

Freedom of Information (FOI) request – Notice of charge decision under
section 29(8) of FOI Act following applicant contention that charge be
reduced or not imposed

On 9 May 2023, the Department of Home Affairs (the Department) received a
request for access to documents under the Freedom of Information Act 1982
(the FOI Act).

On 30 May 2023, the Department wrote to you to advise you that it has made
a preliminary assessment that you were liable to pay a charge for the
processing of this FOI request. On 4 June 2023, you requested the
Department waive or reduce the charge.

The purpose of this letter is to provide the decision of the Department in
response to your request for a waiver or reduction of charges.

1            Scope of request

You have requested access to the following documents:

I write to request the 2023–24 Budget estimate brief on humanitarian
places..

2            Preliminary notice of charges

On 30 May 2023, the Department wrote to you to advise you that it had made
a preliminary assessment that you were liable to pay a charge of $15.00
for the processing of this FOI request.

3            Request for waiver/reduction of charges

On 4 June 2023 you requested a waiver or reduction of the charges on the
following grounds:

·            public interest (section 29(5)(b) of the FOI Act).

Your reasons for requesting a waiver were as follows:

I am writing to argue that granting access to the Australian Department of
Home Affairs 2023–24 Budget estimate brief on humanitarian places is in
the general public interest. I firmly believe that such access should not
incur any fees, as it serves the greater good and promotes transparency,
accountability, and informed decision-making. Below are several key points
supporting this argument:
 
1. Accountability and Transparency: The allocation of resources in the
national budget is a matter of utmost public concern. Accessing the budget
estimate brief on humanitarian places enables citizens to scrutinise the
government's plans and decisions related to humanitarian assistance. This
information contributes to increased accountability and transparency,
ensuring that taxpayer funds are allocated appropriately and effectively.
 
2. Humanitarian Priorities and Policies: Humanitarian issues are of
significant public interest, as they reflect a nation's commitment to
providing assistance to those in need. The budget estimate brief outlines
the government's planned humanitarian priorities and policies for the
coming year. Access to this document allows the public to evaluate the
government's approach, voice opinions, and engage in constructive dialogue
on matters that directly impact vulnerable populations.
 
3. Informed Public Debate: Providing the public with access to the budget
estimate brief facilitates a more informed public debate. By examining the
government's proposed funding allocations, citizens can better understand
the priorities and values of their elected representatives. This knowledge
empowers individuals, civil society organizations, and advocacy groups to
engage in evidence-based discussions and propose alternative ideas or
improvements to the government's plans.
 
4. Stakeholder Engagement: Access to the budget estimate brief on
humanitarian places is vital for stakeholders involved in supporting and
advocating for humanitarian causes. This may include NGOs, humanitarian
agencies, researchers, academics, and individuals directly affected by or
interested in humanitarian programs. Open access encourages collaboration,
enables stakeholders to make more informed decisions, and fosters
partnerships to address complex humanitarian challenges effectively.
 
5. Public Awareness and Participation: Facilitating public access to the
budget estimate brief promotes greater awareness and understanding of the
government's commitment to humanitarian issues. This, in turn, encourages
civic participation and allows individuals to engage with their elected
representatives on matters of national importance. By eliminating fees for
accessing this information, the government can foster an inclusive and
participatory democracy.
 
In conclusion, the release of the Australian Department of Home Affairs
2023–24 Budget estimate brief on humanitarian places without incurring any
fees is essential to uphold the principles of transparency,
accountability, and public engagement. Granting access to this document
serves the broader public interest, enables informed decision-making, and
supports an open and democratic society. I kindly request you to consider
these points favorably and waive any associated fees for accessing this
crucial information.

4            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 documents or to amend or
annotate records.

5            Relevant material

I have considered the following information:

·            the arguments you have put forward in your request for waiver
dated 4 June 2023

·            the FOI Act

·            Guidelines published by the Office of the Information
Commissioner under section 93A of the FOI Act (the FOI Guidelines).

6            Decision on waiver or reduction of charges

I have reviewed the information you provided in requesting a waiver or
reduction in the charges. Under section 29(4) of the FOI Act, the
Department has decided to approve to waive the charges in full.

7            Reasons for decision

In reaching my decision, I have considered the following:

·            Whether payment of the charge, or part of it, would cause
financial hardship to the applicant or a person on whose behalf the
application was made.

·            Whether giving access to the document in question is in the
general public interest or in the interest of a substantial section of the
public.

·            Whether disclosure of a document would advance the objects of
the Act, for example by promoting better informed decision making, or
increasing scrutiny of or oversight into the operations of the Department.

Financial hardship

I have determined that the payment of the charge, or part of it, would not
cause financial hardship to the applicant. In forming that view, I have
taken the following into consideration:

Applicant’s claims of financial hardship

·            You have not sought review of the charges on the grounds of
financial hardship.

The public interest

I have determined that the disclosure of the documents is in the general
public interest or in the interest of a substantial section of the public.
In forming that view, I have taken the following into consideration:

Applicant’s claims that disclosure is in the public interest

·            You have made submissions that:

o      The information in the documents relates to a matter of public
debate, or to or to a policy issue under discussion within an agency, and
disclosure will assist public comment on, or participation in, the debate
or discussion.

o      Disclosure of the information in the documents would enable
scrutiny of departmental operations or expenditure, and the information is
of interest to the general public or a substantial section of the public.

o      Information in the documents relates to a decision made by the
Department, and disclosure will better inform the public on the basis for
the decision.

o      Information in the documents is to be used for research that is to
be published widely or that complements research being undertaken in an
agency or elsewhere in the research community.

Department’s assessment of claims that disclosure is in the public
interest

·            Section 29(5)(b) of the FOI Act requires the Department to
consider whether the giving of access to a document or documents is in the
general public interest or in the interest of a substantial section of the
public. As provided in paragraph 4.107 of the FOI Guidelines, an
assessment of the public interest may require consideration of both the
content of the documents requested and the context in which their public
release would occur. Matters to be considered include whether the
information in the documents is already publicly available, the nature and
currency of the topic of public interest to which the documents relate,
and the way in which the public may benefit from the release of the
documents.

·            I consider that the following factors indicate that
disclosure is in the public interest:

o      The matters referred to in the documents are of broad public
interest or of interest to a substantial section of the public.

o      The disclosure of the information in the documents would advance
the public debate, or assist public comment or participation in a matter
of public debate.

o      Information in the documents will contribute to research that is to
be published widely or that complements research being undertaken in an
agency or elsewhere in the research community, and it is in the public
interest for the information to be incorporated in the research.

Other considerations

Reasons to reduce or waive charges

·            The document is similar to a document that the Department has
published on its website under s 11C of the Act.

For these reasons, I have decided to waive the charges in full. The amount
you are liable to pay $0.00.

8            Legislation

A copy of the FOI Act is available at
https://www.legislation.gov.au/Series/C2.... If you are unable to
access the legislation through this website, please contact our office for
a copy.

9            Your Review Rights

Internal Review

If you disagree with this decision, you have the right to apply for an
internal review by the Department of this decision. Any request for
internal review must be provided to the Department within 30 days of you
being notified of the decision. Where possible please attach reasons why
you believe a review of the decision is necessary. The internal review
will be carried out by an officer other than the original decision maker
and the Department must make a review decision within 30 days. 

Applications for review should be sent to:

By email to: [1][email address]

OR

By mail to:

Freedom of Information Section

Department of Home Affairs

PO Box 25

BELCONNEN ACT 2617

Review by the Office of the Australian Information Commissioner

You may apply directly to the Office of the Australian Information
Commissioner (OAIC) for a review of this decision. You must apply in
writing within 60 days of this notice. For further information about
review rights and how to submit a request for a review to the OAIC, please
see
[2]https://www.oaic.gov.au/freedom-of-infor....

10         Making a Complaint

You may complain to the Australian Information Commissioner about action
taken by the Department in relation to your request.

Your enquiries to the Australian Information Commissioner can be directed
to:

·       Phone 1300 363 992 (local call charge)

·       Email  [3][email address]

There is no particular form required to make a complaint to the Australian
Information Commissioner. The request should be in writing and should set
out the grounds on which it is considered that the action taken in
relation to the request should be investigated and identify the Department
of Home Affairs as the relevant agency.

11         Contacting the FOI Section

Should you wish to discuss this decision, please do not hesitate to
contact the FOI Section at [4][Department of Home Affairs request email].

Yours sincerely,

[Electronically signed]

Phil

Position No. 60157242

Authorised FOI Officer - Freedom of Information

FOI and Records Management Branch | Legal Group

Department of Home Affairs | [5]www.homeaffairs.gov.au

Email [6][Department of Home Affairs request email]

OFFICIAL

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:foi.reviews@
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. mailto:[Department of Home Affairs request email]
5. http://www.homeaffairs.gov.au/
6. mailto:[Department of Home Affairs request email]

OFFICIAL

FOI Request: FA 23/05/00662

File Number: FA23/05/00662

Dear Mr Smith,

I refer to your FOI request received on 9 May 2023.

The Department has made a decision on this request. Please find attached a
decision record and any documents released under the FOI Act. 

This request has been closed in our system.

Yours sincerely,

[Electronically signed]

Phil

Decision Maker | Position No. 60157242

Authorised FOI Officer - Freedom of Information

FOI and Records Management Branch | Legal Group

Department of Home Affairs  | [1]www.homeaffairs.gov.au

Email [2][Department of Home Affairs request email]

[3]signature

OFFICIAL

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. http://www.homeaffairs.gov.au/
2. mailto:[Department of Home Affairs request email]