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

References

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2. https://immi.homeaffairs.gov.au/help-sup...
3. https://immi.homeaffairs.gov.au/entering...
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5. https://immi.homeaffairs.gov.au/visas/al...
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7. https://immi.homeaffairs.gov.au/citizens...
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OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:
FOI Request: FA 22/10/01339
File Number: OBJ2022/28101

Dear Mark Newton,

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 24 October 2022 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 am requesting disclosure of any documents containing statistics concerning Aviation Security Identification Card (ASIC) administration.

The ASIC scheme was implemented by the Attorney-Generals Department in 2001. The scope of this request includes reports in any medium showing annualised counts of initial issuances, renewals, withdrawn applications and refusals over the 21 years of the scheme’s operation; or documents containing statistical data which could be used to assemble those counts if they don’t already exist.

Due to the broad nature of this request, the Department has interpreted the scope as:

I am requesting disclosure of any documents containing statistics concerning Aviation Security Identification Card (ASIC) administration.

The ASIC scheme was implemented by the Attorney-Generals Department in 2001. The scope of this request includes reports in any medium showing annualised counts of initial issuances, renewals, withdrawn applications and refusals over the 21 years of the scheme’s operation.

Your request has been allocated FOI request number FA 22/10/01339 . 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: Mark Newton <[FOI #9493 email]>
Sent: 24 October 2022 11:21 PM
To: FOI <[Department of Home Affairs request email]>
Subject: CM: Freedom of Information request - Aviation Secuirty ID Card (ASIC) issuance and refusal statistical data

Dear Department of Home Affairs,

I am requesting disclosure of any documents containing statistics concerning Aviation Security Identification Card (ASIC) administration.

The ASIC scheme was implemented by the Attorney-Generals Department in 2001. The scope of this request includes reports in any medium showing annualised counts of initial issuances, renewals, withdrawn applications and refusals over the 21 years of the scheme’s operation; or documents containing statistical data which could be used to assemble those counts if they don’t already exist.

I’m willing to negotiate over varying that scope in the interests of efficiency once you’ve had a chance to identify any responsive documents.

Yours faithfully,

Mark Newton

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

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

[FOI #9493 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 22/10/01339

File Number:  OBJ2022/28101 

Dear Mark Newton

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 24 October 2022.

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: (6 hours 45 minutes @ $15 per hour) = $101.00

Decision making: No charge

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

Total: $101.00

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

Next steps

Within 30 days of this email you must:

•      pay the charge or optional deposit indicated in the attached
invoice for your request to proceed, 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 or an optional deposit

You can either pay the full amount now, or a deposit of $25.00.

If you choose to pay a deposit, you will be liable to pay the remainder of
the charges once the Department has made its final decision on your access
request.

If you choose to pay the full charge or a deposit, you are deemed to have
accepted the Department’s decision to impose 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.

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 Monday, 12
December 2022.

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

[signed electronically]

Simon
Position Number 60156398
Senior FOI Officer | Freedom of Information Section
FOI & Records Management Branch | Legal Group
Department of Home Affairs

E: [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:[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. mailto:[Department of Home Affairs request email]

OFFICIAL

In reply please quote:
FOI Request: FA 22/10/01339
File Number: OBJ2022/28101

Dear Mr Newton,

I refer to your FOI request to waive the original assessment of charge received on 10 November 2022, in relation to FOI request FA 22/10/01339 seeking access to the following:

" I am requesting disclosure of any documents containing statistics concerning Aviation Security Identification Card (ASIC) administration.
The ASIC scheme was implemented by the Attorney-General’s Department in 2001. The scope of this request includes reports in any medium showing annualised counts of initial issuances, renewals, withdrawn applications and refusals over the 21 years of the scheme’s operation. "

The Department has made a decision on this request. Please find attached the decision.

Kind regards,

Simon
Position Number 60156398
Senior FOI Officer | Freedom of Information Section
FOI & Records Management Branch | Legal Group
Department of Home Affairs
E: [Department of Home Affairs request email]

OFFICIAL

-----Original Message-----
From: Mark Newton <[FOI #9493 email]>
Sent: Thursday, 10 November 2022 2:47 PM
To: FOI <[Department of Home Affairs request email]>
Subject: Re: FOI Request: FA22/10/01339 - Notice of Charge - Newtown [SEC=OFFICIAL]

Dear Simon,

I would like to contend that the charges are incorrect or should be waived or reduced.

1. The charges are incorrect.

The information I am seeking is basic statistical data which underpins KPIs for the ASIC system. It defies belief that it would take nearly 12 hours of labour (including the first 5 hours of uncharged labour) to locate and retrieve this information. It is the kind of information which ought to be (and, I assert, very likely is) readily available to ASIC program management.

It is so inconceivable that the information I have requested is hard to find that I think this estimate of the time required to retrieve it is a gross over-estimate, and I would like you to reassess them.

2. The assessment of charges has not been provided in accordance with the Act.

Subsection 29(b) of the Act stipulates that in relation to charges I should have "... written notice stating: ... the basis on which the assessment is made."

While you have estimated 11 hours 45 minutes of search and retrieval time, you have not stated the basis on which that assessment has been made.

Why will it take 11 hours and 45 minutes? Am I paying for the consequences of poor record keeping within the agency, such that trivial searches take a long time to accomplish?

Am I paying for a large volume of documents?

Am I paying for the consequence of a pro-forma estimate, where the decision maker is picking a number out of the air based on previous experience of how much time similar requests have cost in the past?

Having read your letter, I am in the dark about the basis on which the assessment that this request will take 11 hours 45 minutes and $101 has been made, and I am unable to judge whether or not that's reasonable.

I consequently contend that your notice is deficient with respect to subsection 29(b) of the Act, and I ask that you please provide me with written notice of the basis upon which this assessment has been made.

3. Scope negotiation.

In my initial approach, I said, "I’m willing to negotiate over varying that scope in the interests of efficiency once you’ve had a chance to identify any responsive documents."

You have invoiced me for charges arising from this request without any further communication. I therefore have no opportunity to improve the efficiency of this request by limiting its scope.

I'm interested in receiving the information I require. I'm not interested in receiving (or having the Department waste time assessing) information I don't require. It will serve the efficiency of the FOI system and minimize its cost if it is possible that the information I require can be obtained from a one-page document at minimal cost by slightly varying the terms of my request, or from within an obscure report that's already been published and which can be accessed at no charge.

4. Public interest.

The Aircraft Owners and Pilots Association of Australia (AOPA) is participating in policy consultation regarding the operation of the ASIC system.

One of the items of controversy is whether the system in its present form is serving its aims and purposes.

During the operation of the ASIC system, people with known criminal associations have passed criminal background checks and obtained ASICs which have enabled them to work in sensitive areas of Australian airports. Several examples:

https://www.theage.com.au/national/bagga...

https://www.abc.net.au/news/2022-02-11/h...

https://www.dailymail.co.uk/news/article...

Also during the operation of the ASIC system, several tens of thousands of pilots with no criminal record whatsoever have had to disclose dossiers of personal information to private companies and pay more than $200 every two years to repeat an ASIC criminal background check which does nothing more than confirm what everyone already knows.

The information I have requested enables analysis of how often ASICs are issued to known criminals and how much ASICs issued to non-criminals costs the Australian aviation industry, for the purpose of informing development of effective and efficient policy.

The general public at large is entitled to know if the ASIC system is faulty. The General Aviation pilot community, which is a substantial section of the public, is entitled to know if they're personally funding a system that serves no practical purpose.

Sound policy development and criticism, necessarily supported by this FOI request, is in the public interest, and therefore qualifies for a section 29(5)(b) fee waiver.

I await your consideration of these matters.

Yours sincerely,

Mark Newton

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 22/10/01339

File Number:   OBJ2022/28101

Dear Mr Newton,

FOI request FA 22/10/01339

I refer to your FOI request received on 24 October 2022, seeking access to
the following:

I am requesting disclosure of any documents containing statistics
concerning Aviation Security Identification Card (ASIC) administration.

The ASIC scheme was implemented by the Attorney-Generals Department in
2001. The scope of this request includes reports in any medium showing
annualised counts of initial issuances, renewals, withdrawn applications
and refusals over the 21 years of the scheme’s operation; or documents
containing statistical data which could be used to assemble those counts
if they don’t already exist..

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

This request has now been closed.

Kind regards,

Simon
Position Number 60156398
Senior FOI Officer | Freedom of Information Section
FOI & Records Management Branch | Legal Group
Department of Home Affairs

E: [1][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:[Department of Home Affairs request email]