OFFICIAL

In reply please quote:
FOI Request: FA 20/08/01078

Good morning

Withdrawal of Freedom of Information Access Request
I refer to your correspondence of 18 August 2020 seeking access to documents held by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act).
Your request has been allocated the FOI reference number referred to above. Please include your FOI reference number in all correspondence with the Freedom of Information Section.

As you may be aware, earlier this year the Department launched a dashboard on its SkillSelect website to provide visa Expression of Interest (EOI) statistics. The Department has undertaken a review of the SkillSelect Dashboard to ensure that there is no reasonable chance of an individual being re-identified from the EOI statistics.

The dashboard is now available again and can be accessed via the Department’s SkillSelect web page and comprises a comprehensive library of historic and current statistics in relation to Expressions of Interest (EOIs). The dashboard is a one-stop shop for SkillSelect EOI statistics and is freely available on demand, without any need to formally request the statistics and wait for such a request to be processed. Bypassing the FOI process will significantly reduce delays in obtaining the same information as has previously been provided in response to FOI requests.

As this information is now publically available, you may wish to withdraw you FOI request. If you do not advise the Department that you wish to continue with this FOI request within 5 days of this email, your request will be taken to have been withdrawn.

Privacy

The Department’s handling of personal information is regulated by the Privacy Act 1988 (the Privacy Act). Guidance published by the Office of the Australian Information Commissioner is that information will be de-identified, and therefore not subject to the protections in the Privacy Act, where the risk of an individual being re-identified is very low. De-identification is not a fixed state. Rather, re-identification risks and their controls require ongoing monitoring and review.

The Department’s view is that the current controls are appropriate to reduce the risk that an individual can be re-identified from the statistics accessible from the SkillSelect Dashboard to very low.

Contacting the FOI Section

Should you wish to discuss your request you may contact the FOI Section at [DIBP request email]

Yours sincerely,

FOI Officer
Freedom of Information Section
FOI and Records Management Branch | Data Division
Strategy & Law Enforcement Group

OFFICIAL

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IMPORTANT INFORMATION

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OFFICIAL

26 August 2020

Dear Yan, Xingjia

Freedom of Information (FOI) request – FA 20/08/01078 – Access Decision

I refer to the following requests for access to documents under the
Freedom of Information Act 1982 (the FOI Act), received by the Department
of Home Affairs (the Department) on 18 August 2020.

I would like to know the Number of EOIs in the submitted status for 491
family stream as at 15/08/2020 with respect to their points above 90 for
each occupations

The purpose of this email is to provide you with a decision on your
requests for access under the FOI Act.

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 document or to amend or
annotate records.

Relevant material

In reaching my decision I referred to the following:

·         the terms of your request

·         the document relevant to the request

·         the FOI Act

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

·         advice from Departmental officers with responsibility for
matters relating to the document to which you sought access

Document in scope of request

Section 4 of the FOI Act provides that a document for the purpose of the
Act does not include:

(d) material maintained for reference purposes that is otherwise publicly
available

The Department has undertaken reasonable searches in relation to the
documents you have requested access to. The information you have requested
is available publically and as such the Department and has not located a
document, for the purposes of the Act.

Decision

Section 24A of the FOI Act provides that the Department may refuse a
request for access to a document if all reasonable steps have been taken
to find the document and the Department is satisfied that the document
does not exist. As such I am refusing access to the documents requested by
you based on the application of section 24A(1)(b)(ii) of the FOI Act.

Reasons for Decision

Detailed reasons for my decision are set out below.

Section 4 of the FOI Act provides that a document for the purpose of the
FOI Act does not include material maintained for reference purposes that
is otherwise publically available.

As you may be aware, earlier this year the Department launched a dashboard
on its SkillSelect website to provide visa Expression of Interest (EOI)
statistics.  The Department has undertaken a review of the SkillSelect
Dashboard to ensure that there is no reasonable chance of an individual
being re-identified from the EOI statistics. 

The dashboard is now available again and can be accessed via the
Department’s SkillSelect [1]web page and comprises a comprehensive library
of historic and current statistics in relation to Expressions of Interest
(EOIs).  The dashboard is a one-stop shop for SkillSelect EOI statistics
and is freely available on demand, without any need to formally request
the statistics and wait for such a request to be processed. Bypassing the
FOI process will significantly reduce delays in obtaining the same
information as has previously been provided in response to FOI requests.

Privacy

The Department’s handling of personal information is regulated by the
Privacy Act 1988 (the Privacy Act).  Guidance published by the Office of
the Australian Information Commissioner is that information will be
de-identified, and therefore not subject to the protections in the Privacy
Act, where the risk of an individual being re-identified is very low. 
De-identification is not a fixed state. Rather, re-identification risks
and their controls require ongoing monitoring and review.

The Department’s view is that the current controls are appropriate to
reduce the risk that an individual can be re-identified from the
statistics accessible from the SkillSelect Dashboard to very low.

Legislation

A copy of the FOI Act is available at
[2]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.

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: [3][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 Fact Sheet 12 "Freedom of information – Your review rights", available
online at
[4]https://www.oaic.gov.au/freedom-of-infor....

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 [5][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.

Contacting the FOI Section

Should you wish to discuss this decision, please do not hesitate to
contact the FOI Section at [6][DIBP request email].

Signed electronically

Position number 60081621

Authorised Decision Maker | Freedom of Information Section

FOI and Records Management Branch

Data Division | Strategy and Law Enforcement Group

Department of Home Affairs

OFFICIAL

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References

Visible links
1. https://immi.homeaffairs.gov.au/visas/wo...
2. https://www.legislation.gov.au/Series/C2...
3. mailto:foi.reviews@
4. https://www.oaic.gov.au/freedom-of-infor...
5. mailto:[email address]
6. mailto:[DIBP request email]