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Brief PDR No. MS24-001634

Oliver Smith made this Freedom of Information request to Department of Home Affairs

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Dear Department of Home Affairs,

Under the FOI Act, I seek a copy of the Ministerial Brief provided to the office of Home Affairs Minister Tony Burke on 3/9/24 with the Brief PDR No. MS24-001634

Yours faithfully,

Oliver Smith

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[1]Australian Government Department of Home Affairs logo

IMPORTANT INFORMATION

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

If you have lodged a request for access to documents or amendment to
information, you will receive an acknowledgement letter within 14 days.

Please see our website for more information on submitting a valid request
for access to information. [2]Freedom of information
(homeaffairs.gov.au)

Legal priority: If your situation has changed to the extent that your FOI
request now have a legal priority such as Administrative Appeals Tribunal,
Court, Ministerial Intervention, Visa cancellation deadline since you
submitted your initial request, please provide a physical evidence to
support your priority claim.

We’re responding to a large volume of requests

Due to the high volume of requests we receive, we will not be able to
respond to requests to provide status updates on current requests for
information. We prioritise processing the requests we receive, including
yours.

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

Frequently Asked Questions

If your email relates to other matters then please contact the relevant
area of the Department or review the frequently asked questions below. The
mailbox is unable to respond to visa and citizenship status updates or
questions. If your query is answered by this information you will not
receive another response to your email.

Your Query General Information
If you applied [4]Our online services (homeaffairs.gov.au)
online, you can
check your visa [5]Ceremony wait times (homeaffairs.gov.au)
application status
in [3]ImmiAccount.
I want to access [6]Check visa details and conditions
my visa details (homeaffairs.gov.au)
I want to apply [7]Applying online in ImmiAccount
for a visa to (homeaffairs.gov.au)
Australia
My visa has [8]Your visa is expiring or has expired
expired (homeaffairs.gov.au)
I want to apply [9]Become a citizen (homeaffairs.gov.au)
for Australian
Citizenship or [10]Evidence of citizenship and certificates Change
access/amend my a citizenship certificate (homeaffairs.gov.au)
citizenship
details
I want my travel [11]Requesting travel records (homeaffairs.gov.au)
records in and out
of Australia
I am having Use our [12]technical guide to troubleshoot in
technical problems [13]ImmiAccount.
lodging an
application If you are still unable to resolve your issue submit
the [14]ImmiAccount Technical Support Form
I wish to provide Provide information by [15]ImmiAccount. After you
information about submit your application, use [16]ImmiAccount to:
a visa application
or provide ·         apply for a bridging visa
information about
changes to my ·         access the My Health Declarations service
situation
·         attach documents to your online
application

· check the progress of your application

· update your passport or address details

· notify of incorrect information in your
application

Further details and instructions refer to
[17]ImmiAccount Help & Support

[18]Changes in your situation (homeaffairs.gov.au)
I have made an If you have been sent a request letter to complete
appointment for a health but are experiencing delays you can attach
health/biometrics details of your appointment to [19]ImmiAccount.
examination
I want to withdraw [20]You want to withdraw an application
my visa or (homeaffairs.gov.au)
citizenship
application
I want to update [21]Changes in your situation (homeaffairs.gov.au)
my address,
contact or
passport details
Can my visa fee be Refunds can only be made in very limited
refunded? circumstances governed by legislation.

For further information see [22]Getting a refund
(homeaffairs.gov.au)
Visa eligibility Information on [23]visa options is available on the
query Department’s website.
Since my visa was [24]Changes in your situation (homeaffairs.gov.au)
granted I have had
a child born in
Australia
I want to report [25]Border Watch Online Report (homeaffairs.gov.au)
suspicious or
illegal
immigration, visa,
customs and trade
activity.
I want to lodge Find out how to provide [26]Compliments, complaints
feedback about a and suggestions
Department service

Important Notice: The content of this email is intended only for use by
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Any review, retransmission, dissemination or other use of this information
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Unsolicited commercial emails MUST NOT be sent to the originator of this
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References

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request: FA 24/12/00617

File Number: FA24/12/00617

Dear Oliver Smith (Right to Know)

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 11 December 2024 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:

Under the FOI Act, I seek a copy of the Ministerial Brief provided to the
office of Home Affairs Minister Tony Burke on 3/9/24 with the Brief PDR
No. MS24-001634.

Your request has been allocated FOI request number FA 24/12/00617. 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 [1]Freedom
of information reviews | OAIC.

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 [2]the Department’s website.

We do not provide personal details of staff or non-public facing
operational email addresses

The Department’s practice is to exclude the personal details of Government
employees, including contractors, 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 as irrelevant under section
22(1)(a)(ii) of the FOI Act. 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
[3][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

David
Team Leader – Authorised FOI Officer, Freedom of Information
Position Number 60157647

Privacy, FOI and Records Management Branch

Legal Group

Department of Home Affairs

E: [4][Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

show quoted sections

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request: FA 24/12/00617

File Number: FA24/12/00617

Dear Oliver Smith (Right to Know),

I refer to your request received on 11 December 2024 for access to
documents under the FOI Act.

The current due date for your request is 10 January 2025. The Department
seeks your agreement under section 15AA of the FOI Act to extend the
timeframe for the processing of your request by 30 days. This would extend
the due date for your request to Sunday 9^th February 2025. However, as
this date falls on a non-working day, section 36(2) of the Acts
Interpretation Act 1901 provides that the latest date the Department may
issue a decision would be the next working day, which is Monday 10
February 2025.

The reason we are seeking an extension of time is due to demand for
Departmental documents is high and we continue to experience increasing
volumes of incoming requests particularly in recent months. Also due to
the limited business hours during Christmas and New Year period, the
Department will require additional time to complete processing of your
request. Each request received by the Department is managed in the context
of this large volume which can impact the timeliness of our decisions and
as such we seek agreement from applicants on extensions of time where
possible.

We are endeavouring to ensure, as an applicant, you understand the likely
timeframe for your request to be finalised. We continue to try to process
requests as quickly as possible regardless of if an extension is provided.

If you could please provide a response to this request by close of
business, 15 December 2024.

Kind Regards,

David
Team Leader – Authorised FOI Officer, Freedom of Information
Position Number 60157647

Privacy, FOI and Records Management Branch

Legal Group

Department of Home Affairs

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

Personal-Privacy
OFFICIAL: Sensitive

show quoted sections

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request: FA 24/12/00617

File Number: FA24/12/00617

Dear Oliver Smith (Right to Know)

I refer to your email dated 11 December 2024, in which you requested
access to documents held by the Department of Home Affairs (the
Department) under the Freedom of Information Act 1982 (the FOI Act).

You have requested access to the following:

Under the FOI Act, I seek a copy of the Ministerial Brief provided to the
office of Home Affairs Minister Tony Burke on 3/9/24 with the Brief PDR
No. MS24-001634.

Intention to refuse request

I am writing to advise you that I intend to refuse your request on the
basis that a practical refusal reason exists. However, before I make a
final decision to do this, you have an opportunity to revise your request
to remove the practical refusal reason. This is called a ‘request
consultation process’. You have 14 days to respond to this notice in one
of the ways set out below.

Power to refuse request

Section 24 of the FOI Act provides that if the Department is satisfied
that a practical refusal reason exists in relation to a request, the
Department must undertake a consultation process with you, and if, after
that consultation process, the Department remains satisfied that the
practical refusal reason still exists, the Department may refuse to give
you access to the documents subject to the request.

Practical refusal

A practical refusal reason exists under section 24AA of the FOI Act if
either (or both) of the following applies:

(1)(a)(i) the work involved in the processing of the request would
substantially and unreasonably divert the resources of the Department from
its other operations

(1)(b) the request does not satisfy the requirement in section
15(2)(b) of the FOI Act, which requires you to provide such information
concerning the document you are seeking access to, to enable the
Department to be able to identify it.

I consider that the request does not satisfy the requirements of section
15(2)(b) of the FOI Act, and accordingly that practical refusal reasons
exist under section 24AA(1)(b) of the FOI Act.

Reasons for practical refusal

In order for your request to be valid for the purposes of the FOI Act, it
must provide such information concerning the documents that you are
seeking access to, as is reasonably necessary to enable the Department to
identify the documents.

Given the broad nature of the activities undertaken by the Department, I
do not consider that you have provided a reasonable description of the
documents to which you are seeking access.

As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request. You have not provided sufficient
information concerning the document you are seeking to access, to enable
the Department to be able to identify it.

Request Consultation Process

To enable the Department to consider your request for access under the FOI
Act, the Department will require sufficient information concerning the
specific existing documents to which you seek access, in order to enable
the Department to identify those documents.

You do not necessarily need to be able to identify the exact documents you
are seeking, but you need to provide the Department with sufficient
information to enable us to identify them. Given the very broad nature of
the functions that this Department has responsibility for, at a very
minimum, we will require advice as to which business areas might hold the
documents you are seeking to access. A copy of the Department’s
organisation chart is available on the Department’s website [1]here which
may assist you with this.

In addition, you may wish to consider providing a timeframe for your
request to assist the Department’s officers to reasonably be able to
identify the documents to which you seek access.

You now have an opportunity to revise your request to ensure it is a
valid request under section 15(2)(b) of the FOI Act andto enable it to
proceed.

· This FOI request appears to be a duplicate scope, matching FA
24/12/00616. We request that you withdraw your request or revise your
scope.

Under section 24AB(6) of the FOI Act, you have 14 days to do one of the
following:

· withdraw your request;

· make a revised request;

· indicate that you do not wish to revise your request.

If you do not do one of the three things listed above during the
consultation period (14 days), or you do not consult the contact person
listed below during this period, your request will be taken to have been
withdrawn in accordance with section 24AB(7) of the FOI Act.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact [Department of Home Affairs request email].

Kind Regards

David
Team Leader – Authorised FOI Officer, Freedom of Information
Position Number 60157647

Privacy, FOI and Records Management Branch

Legal Group

Department of Home Affairs

E: [2][Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

show quoted sections

Dear FOI,

Given this is a duplicate FOI, I withdraw this request.

Yours sincerely,

Oliver Smith

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:         FA 24/12/00617
File Number:          FA24/12/00617

Dear Oliver Smith (Right to Know)

Thank you. As per your instructions, this FOI request has been withdrawn.

No further action is required by you in this regard.

Kind Regards

David
Team Leader – Authorised FOI Officer, Freedom of Information
Position Number 60157647

Privacy, FOI and Records Management Branch

Legal Group

Department of Home Affairs

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

Personal-Privacy
OFFICIAL: Sensitive

show quoted sections

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Brief PDR No. MS24-001634

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