Burke Ministerial Briefs V2

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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, the ABF and the National Emergency
Management Agency 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

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request: FA 24/09/01061

File Number: FA2409/01061

Dear Oliver Smith (Right to Know)

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 18 September 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, please provide a list of Ministerial Submissions sent
by Home Affairs to the office of the Hon Tony Burke MP in his capacity as
the Minister for Home Affairs, and Minister Immigration and Multicultural
Affairs from the date of 12 August 2024 to 16 September 2024. Please
include: the PDR number, subject of brief, and date sent to the office.

Your request has been allocated FOI request number FA 24/09/01061. 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.

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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.

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If the FOI decision-maker deems a document to be a duplicate, they will
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Released documents you request may be published to our website.

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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

-----Original Message-----
From: Oliver Smith <[FOI #12064 email]>
Sent: Wednesday, 18 September 2024 9:48 AM
To: FOI <[Department of Home Affairs request email]>
Subject: CM: Freedom of Information request - Burke Ministerial Briefs V2

Dear Department of Home Affairs,

Under the FOI Act, please provide a list of Ministerial Submissions sent
by Home Affairs to the office of the Hon Tony Burke MP in his capacity as
the Minister for Home Affairs, and Minister Immigration and Multicultural
Affairs from the date of 12 August 2024 to 16 September 2024. Please
include: the PDR number, subject of brief, and date sent to the office.

Yours faithfully,

Oliver Smith

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

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

[5][FOI #12064 email]

Is [6][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:

[7]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:

[8]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, the ABF and the National Emergency
Management Agency 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.oaic.gov.au/freedom-of-infor...
2. https://www.homeaffairs.gov.au/access-an...
3. mailto:[Department of Home Affairs request email]
4. mailto:[Department of Home Affairs request email]
5. mailto:[FOI #12064 email]
6. mailto:[Department of Home Affairs request email]
7. https://www.righttoknow.org.au/change_re...
8. https://www.righttoknow.org.au/help/offi...

hide quoted sections

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request: FA 24/09/01061

File Number: FA24/09/01061

Dear Oliver Smith (Right to Know)

I refer to your request received on 18 September 2024 for access to
documents under the FOI Act.

The current due date for your request is 18 October 2024. 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 17 November 2024. 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 18 November 2024.

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. 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, 23 September 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

-----Original Message-----
From: Oliver Smith <[FOI #12064 email]>
Sent: Wednesday, 18 September 2024 9:48 AM
To: FOI <[Department of Home Affairs request email]>
Subject: CM: Freedom of Information request - Burke Ministerial Briefs V2

Dear Department of Home Affairs,

Under the FOI Act, please provide a list of Ministerial Submissions sent
by Home Affairs to the office of the Hon Tony Burke MP in his capacity as
the Minister for Home Affairs, and Minister Immigration and Multicultural
Affairs from the date of 12 August 2024 to 16 September 2024. Please
include: the PDR number, subject of brief, and date sent to the office.

Yours faithfully,

Oliver Smith

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

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

[2][FOI #12064 email]

Is [3][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:

[4]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:

[5]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, the ABF and the National Emergency
Management Agency 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. mailto:[FOI #12064 email]
3. mailto:[Department of Home Affairs request email]
4. https://www.righttoknow.org.au/change_re...
5. https://www.righttoknow.org.au/help/offi...

hide quoted sections

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34K Download
fa 240901061 practical refusal notice.pdf

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OFFICIAL: Sensitive

Dear Oliver Smith,

FOI request FA 24/09/01061

I refer to your FOI request received on 18 September 2024, seeking access
to the following:

Under the FOI Act, please provide a list of Ministerial Submissions sent
by Home Affairs to the office of the Hon Tony Burke MP in his capacity as
the Minister for Home Affairs, and Minister Immigration and Multicultural
Affairs from the date of 12 August 2024 to 16 September 2024. Please
include: the PDR number, subject of brief, and date sent to the office.

Please find attached a Practical Refusal Notice for your request.

Kind regards,

Lyn

Position Number: 60186967

Privacy, FOI & Records Management Branch | Legal Group

Department of Home Affairs

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

[2]Acknowledgement of Country Signature Block Graphic 2022 (2)

OFFICIAL: Sensitive

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, the ABF and the National Emergency
Management Agency 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]

image002.jpg

34K Download

OFFICIAL: Sensitive

Good afternoon Oliver Smith,

Thank you for your response.

Please note that we cannot release titles, submission subjects (or any
words) without consulting with the relevant business area of the
Department (the area which wrote the submission) on whether harm may be
caused by the release of the words in the title.

The titles requested are submissions prepared across the entire portfolio
of the Department, rather than on one particular topic. Therefore, an
initial assessment of the 95 titles has indicated that consultation would
need to be conducted with 30 separate business areas and 12 third parties.

Consultation, even on a title, can be involved and take some time or
require input from multiple business areas. In addition, if the title
reveals Cabinet deliberations we are required to consult with the
Department of the Prime Minister and Cabinet.

In the example of previously released lists of Ministerial Submissions
you’ve provided, some of these redactions required clearance from multiple
business areas and took several weeks to decide on.

Therefore, the practical refusal reason still exists as each title must be
consulted on individually as the information is sensitive and requires
careful consideration, which would substantially and unreasonably divert
the resources of the Department from its other operations.

I hope my response has answered your queries. If you wish to discuss this
further, our Assistant Director would be happy to talk over the phone with
you, if you wish to provide a contact number to us

Thank you.

Kind regards,

Lyn

Position Number: 60186967

Privacy, FOI & Records Management Branch | Legal Group

Department of Home Affairs

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

[2]Acknowledgement of Country Signature Block Graphic 2022 (2)

OFFICIAL: Sensitive

From: Oliver Smith <[FOI #12064 email]>
Sent: Thursday, 3 October 2024 4:54 PM
To: FOI <[Department of Home Affairs request email]>
Subject: Re: FOI request FA 24/09/01061 [SEC=OFFICIAL:Sensitive]

Dear FOI,

Thank you for your email and consideration of my FOI request. I reject the
Department's findings on the following grounds:

1. The FOI request is only asking for the subject of the brief, the PDR
number and the date send to the office. There is no identifying
information or need to consult internally for this information. If it is
the Department's contention that they need to consult so extensively,
please provide the grounds on which this consultation is required.

2. I refer to recent precedent where the Department has responded to
similar FOI inquiries

[3]https://www.righttoknow.org.au/request/m...

[4]https://www.righttoknow.org.au/request/m...

Looking forward to your feedback

Yours sincerely,

Oliver Smith

-----Original Message-----

OFFICIAL: Sensitive

Dear Oliver Smith,

FOI request FA 24/09/01061

I refer to your FOI request received on 18 September 2024, seeking access

to the following:

Under the FOI Act, please provide a list of Ministerial Submissions sent

by Home Affairs to the office of the Hon Tony Burke MP in his capacity as

the Minister for Home Affairs, and Minister Immigration and Multicultural

Affairs from the date of 12 August 2024 to 16 September 2024. Please

include: the PDR number, subject of brief, and date sent to the office.

Please find attached a Practical Refusal Notice for your request.

Kind regards,

Lyn

Position Number: 60186967

Privacy, FOI & Records Management Branch | Legal Group

Department of Home Affairs

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

[2]Acknowledgement of Country Signature Block Graphic 2022 (2)

OFFICIAL: Sensitive

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, the ABF and the National Emergency

Management Agency 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. [5]mailto:[Department of Home Affairs request email]

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

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

[6][FOI #12064 email]

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:

[7]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.

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

References

Visible links
1. mailto:[Department of Home Affairs request email]
3. https://www.righttoknow.org.au/request/m...
4. https://www.righttoknow.org.au/request/m...
5. mailto:[department
6. mailto:[FOI #12064 email]
7. https://www.righttoknow.org.au/help/offi...

hide quoted sections

image003.jpg

34K Download

OFFICIAL: Sensitive

Dear Oliver Smith,

Thank you for your response.

The below scope has been accepted.

Thank you.

Kind regards,

Lyn

Position Number: 60186967

Privacy, FOI & Records Management Branch | Legal Group

Department of Home Affairs

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

[2]Acknowledgement of Country Signature Block Graphic 2022 (2)

OFFICIAL: Sensitive

From: Oliver Smith <[FOI #12064 email]>
Sent: Tuesday, 8 October 2024 7:46 AM
To: FOI <[Department of Home Affairs request email]>
Subject: RE: FOI request FA 24/09/01061 [SEC=OFFICIAL:Sensitive]

Dear FOI,

Hi Lyn, thanks for your email and your time on this matter. Based on your
advice, if I change the scope of the request and only ask for the PDR
number and the date sent to the office there should be no problem with
Home Affairs fulfilling this request within its legislated time limits. So
please, alter this request accordingly.

Yours sincerely,

Oliver Smith

-----Original Message-----

OFFICIAL: Sensitive

Good afternoon Oliver Smith,

Thank you for your response.

Please note that we cannot release titles, submission subjects (or any

words) without consulting with the relevant business area of the

Department (the area which wrote the submission) on whether harm may be

caused by the release of the words in the title.

The titles requested are submissions prepared across the entire portfolio

of the Department, rather than on one particular topic. Therefore, an

initial assessment of the 95 titles has indicated that consultation would

need to be conducted with 30 separate business areas and 12 third
parties.

Consultation, even on a title, can be involved and take some time or

require input from multiple business areas. In addition, if the title

reveals Cabinet deliberations we are required to consult with the

Department of the Prime Minister and Cabinet.

In the example of previously released lists of Ministerial Submissions

you’ve provided, some of these redactions required clearance from
multiple

business areas and took several weeks to decide on.

Therefore, the practical refusal reason still exists as each title must
be

consulted on individually as the information is sensitive and requires

careful consideration, which would substantially and unreasonably divert

the resources of the Department from its other operations.

I hope my response has answered your queries. If you wish to discuss this

further, our Assistant Director would be happy to talk over the phone
with

you, if you wish to provide a contact number to us

Thank you.

Kind regards,

Lyn

Position Number: 60186967

Privacy, FOI & Records Management Branch | Legal Group

Department of Home Affairs

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

[2]Acknowledgement of Country Signature Block Graphic 2022 (2)

OFFICIAL: Sensitive

From: Oliver Smith <[FOI #12064 email]>

Sent: Thursday, 3 October 2024 4:54 PM

To: FOI <[Department of Home Affairs request email]>

Subject: Re: FOI request FA 24/09/01061 [SEC=OFFICIAL:Sensitive]

Dear FOI,

Thank you for your email and consideration of my FOI request. I reject
the

Department's findings on the following grounds:

1. The FOI request is only asking for the subject of the brief, the PDR

number and the date send to the office. There is no identifying

information or need to consult internally for this information. If it is

the Department's contention that they need to consult so extensively,

please provide the grounds on which this consultation is required.

2. I refer to recent precedent where the Department has responded to

similar FOI inquiries

[3][3]https://www.righttoknow.org.au/request/m...

[4][4]https://www.righttoknow.org.au/request/m...

Looking forward to your feedback

Yours sincerely,

Oliver Smith

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

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

[5][FOI #12064 email]

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:

[6]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, the ABF and the National Emergency
Management Agency 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]
3. https://www.righttoknow.org.au/request/m...
4. https://www.righttoknow.org.au/request/m...
5. mailto:[FOI #12064 email]
6. https://www.righttoknow.org.au/help/offi...

hide quoted sections

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