FOI Dislosure log
Dear Department of Home Affairs,
The last entry in the FOI Disclosure log maintained by the Agency was in June 2018. On 29 August 2018 the Agency released documents under FOI. (ref FA 18/06/00235 File Number: ADF2018/64780). The documents are published on the RTK website.
Under FOI I seek access to a document that contains the reason or reasons why the release of the documents by the Agency on 29 August 2018 is not reflected in the Agency’s FOI disclosure log.
Yours faithfully,
JS
** This is an automated response. Please do not reply to this email **
IMPORTANT INFORMATION
Your email has been received by the Department of Home Affairs Freedom of
Information (FOI) Section. Please note that we will only action and
respond to FOI requests and other matters relating to the Freedom of
Information Act 1982.
If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request. Please do not send duplicate emails
as this may cause delays in processing times.
For matters not relating to the Freedom of Information Act 1982, please
refer to the information below to assist in the resolution of your
enquiry.
General information regarding travelling to Australia
Information for visitors to Australia can be found [1]here.
Information regarding potential visa options can be found [2]here.
Request for a copy of your Visa Refusal or Visa Grant letter
If you have lost or misplaced correspondence regarding your Visa Refusal
or Visa Grant, or you wish to confirm the authenticity of your Visa
Refusal or Visa Grant, you should contact the office where you lodged your
visa application.
Details of our offices located around the world can be found [3]here.
Queries regarding your current Visa status
You can check your visa details and conditions on the Department’s Visa
Entitlement Verification Online (VEVO) portal. If you do not have the
necessary reference numbers to access the VEVO portal, you should contact
the office where you lodged your visa application for further information.
Refund of Visa fees
If you are seeking a refund of fees associated with your Visa, you should
contact the office where you lodged your visa application. Details of our
offices located around the world can be found [4]here.
Making a Visa application
Registered migration agents are authorised to provide immigration advice
or assistance, including advice regarding the lodgement of visa
applications. Further information on migration agents may be found
[5]here. Please note that the Department is unable to assist you in this
regard.
If you are experiencing technical difficulties in lodging your visa
application through ImmiAccount, you should submit your concerns through
the ImmiAccount Technical Support Form, which is accessible [6]here.
Australian Citizenship
If you are seeking evidence of your Australian Citizenship, you should
complete Form 119, which can be found [7]here. Details on where to send
your completed form may be found on page 8 of the Form. This form will
not be actioned by the FOI Section.
Information on how to apply for Australian citizenship, information for
Australian citizens and Australian Citizenship Day can be found [8]here.
Movement Records/Travel History
If you are seeking evidence of your own travel movements/history you
should complete Form 1359, which can be found [9]here. Details on where to
send your request may be found on page 1 and 2 of the Form. This request
will not be actioned by the FOI Section.
Superannuation – Evidence of Immigration Status
If you are seeking evidence of your own immigration status for
superannuation purposes, you should complete Form 1194, which can be found
[10]here. Details on where to send your completed form may be found on
page 1 of the Form. This request will not be actioned by the FOI Section.
Update Passport Details
Information on how to update your address or passport details can be found
[11]here.
Notification of Change in Circumstances
If you have lodged a visa application and your circumstances have changed,
you should submit [12]Form 1022 to the office where you lodged your visa
application. Details of our offices located around the world can be found
[13]here. The FOI Section does not process these forms.
Notification of incorrect answers
If you wish to correct answers that you have provided to the Department
either:
· in a visa application
· on a passenger card or
· in response to a notice given to you by the Department inviting
you to comment on possible non-compliance with an obligation to correct
incorrect information
You should submit [14]Form 1023 to the Department. Details of our offices
located around the world can be found [15]here. The FOI Section does not
process these forms.
Duty Free concessions
Information relating to duty free concessions can be found [16]here.
General Enquiries
If you have a question, which has not been answered above, and which is
about visa, citizenship, travel or trade, including bringing goods in and
out of Australia, please refer to our general enquiries web form [17]here.
Thank you
Information updated 8 January 2018
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.border.gov.au/Trav/Visi
2. http://www.border.gov.au/Trav/Visa-1
3. http://www.border.gov.au/about/contact/o...
4. http://www.border.gov.au/about/contact/o...
5. https://www.mara.gov.au/
6. https://www.border.gov.au/Trav/Visa/Immi...
7. http://www.border.gov.au/Forms/Documents...
8. http://www.border.gov.au/Trav/Citi
9. http://www.border.gov.au/FormsAndDocumen...
10. http://www.border.gov.au/Forms/Documents...
11. http://www.border.gov.au/Lega/Lega/Form/...
12. http://www.border.gov.au/Forms/Documents...
13. http://www.border.gov.au/about/contact/o...
14. http://www.border.gov.au/Forms/Documents...
15. http://www.border.gov.au/about/contact/o...
16. http://www.border.gov.au/Trav/Ente/Duty-...
17. http://www.border.gov.au/about/contact/m...
UNCLASSIFIED
Dear JS
Thank you for your email and your feedback.
The Department has accepted your correspondence as a compliant in relation to the status of the publication of documents subject to the disclosure log.
The Department is working on uploading a number of documents in accordance with the FOI Act and the request that you specifically reference below is awaiting publication.
The FOI Section will work with relevant stakeholders to ensure that documents subject to publication are uploaded.
Kind Regards
FOI Officer
Freedom of Information (FOI) Section | FOI and Records Management Branch
Productivity and Compliance Division | Corporate and Enabling Group
Department of Home Affairs
UNCLASSIFIED
-----Original Message-----
From: JS <[FOI #4834 email]>
Sent: Thursday, 27 September 2018 1:57 PM
To: FOI <[DIBP request email]>
Subject: Freedom of Information request - FOI Dislosure log
Dear Department of Home Affairs,
The last entry in the FOI Disclosure log maintained by the Agency was in June 2018. On 29 August 2018 the Agency released documents under FOI. (ref FA 18/06/00235 File Number: ADF2018/64780). The documents are published on the RTK website.
Under FOI I seek access to a document that contains the reason or reasons why the release of the documents by the Agency on 29 August 2018 is not reflected in the Agency’s FOI disclosure log.
Yours faithfully,
JS
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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 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.
Dear FOI,
Thank you for telling me that the Department of Home Affairs has accepted my FOI request as a complaint in relation to the status of the publication of documents subject to the disclosure log. Why the Dept arrived at its decision is not explained.
The FOI request sought a document that contains the reason or reasons why the release of documents by the Dept on the 29 August 2018 was not reflected in the disclosure log. The content of the documents released on 28 Aug – and published on the RTK website – indicated that the documents met the criteria for inclusion in the log. Hence the FOI request.
Based on the updated disclosure log, the Department has been a serial offender – on about 30 occasions - in not complying with its obligations under the FOI legislation. One may ponder, was the offending due to (a) a Cormann scenario i.e. an administrative error or (b) a Pezzullo scenario i.e. a stab at the heart of public administration.
The Department cannot decide to ignore FOI obligations merely by accepting the FOI request as a complaint.
Yours sincerely,
JS
** This is an automated response. Please do not reply to this email **
IMPORTANT INFORMATION
Your email has been received by the Department of Home Affairs Freedom of
Information (FOI) Section. Please note that we will only action and
respond to FOI requests and other matters relating to the Freedom of
Information Act 1982.
If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request. Please do not send duplicate emails
as this may cause delays in processing times.
For matters not relating to the Freedom of Information Act 1982, please
refer to the information below to assist in the resolution of your
enquiry.
General information regarding travelling to Australia
Information for visitors to Australia can be found [1]here.
Information regarding potential visa options can be found [2]here.
Request for a copy of your Visa Refusal or Visa Grant letter
If you have lost or misplaced correspondence regarding your Visa Refusal
or Visa Grant, or you wish to confirm the authenticity of your Visa
Refusal or Visa Grant, you should contact the office where you lodged your
visa application.
Details of our offices located around the world can be found [3]here.
Queries regarding your current Visa status
You can check your visa details and conditions on the Department’s Visa
Entitlement Verification Online (VEVO) portal. If you do not have the
necessary reference numbers to access the VEVO portal, you should contact
the office where you lodged your visa application for further information.
Refund of Visa fees
If you are seeking a refund of fees associated with your Visa, you should
contact the office where you lodged your visa application. Details of our
offices located around the world can be found [4]here.
Making a Visa application
Registered migration agents are authorised to provide immigration advice
or assistance, including advice regarding the lodgement of visa
applications. Further information on migration agents may be found
[5]here. Please note that the Department is unable to assist you in this
regard.
If you are experiencing technical difficulties in lodging your visa
application through ImmiAccount, you should submit your concerns through
the ImmiAccount Technical Support Form, which is accessible [6]here.
Australian Citizenship
If you are seeking evidence of your Australian Citizenship, you should
complete Form 119, which can be found [7]here. Details on where to send
your completed form may be found on page 8 of the Form. This form will
not be actioned by the FOI Section.
Information on how to apply for Australian citizenship, information for
Australian citizens and Australian Citizenship Day can be found [8]here.
Movement Records/Travel History
If you are seeking evidence of your own travel movements/history you
should complete Form 1359, which can be found [9]here. Details on where to
send your request may be found on page 1 and 2 of the Form. This request
will not be actioned by the FOI Section.
Superannuation – Evidence of Immigration Status
If you are seeking evidence of your own immigration status for
superannuation purposes, you should complete Form 1194, which can be found
[10]here. Details on where to send your completed form may be found on
page 1 of the Form. This request will not be actioned by the FOI Section.
Update Passport Details
Information on how to update your address or passport details can be found
[11]here.
Notification of Change in Circumstances
If you have lodged a visa application and your circumstances have changed,
you should submit [12]Form 1022 to the office where you lodged your visa
application. Details of our offices located around the world can be found
[13]here. The FOI Section does not process these forms.
Notification of incorrect answers
If you wish to correct answers that you have provided to the Department
either:
· in a visa application
· on a passenger card or
· in response to a notice given to you by the Department inviting
you to comment on possible non-compliance with an obligation to correct
incorrect information
You should submit [14]Form 1023 to the Department. Details of our offices
located around the world can be found [15]here. The FOI Section does not
process these forms.
Duty Free concessions
Information relating to duty free concessions can be found [16]here.
General Enquiries
If you have a question, which has not been answered above, and which is
about visa, citizenship, travel or trade, including bringing goods in and
out of Australia, please refer to our general enquiries web form [17]here.
Thank you
Information updated 8 January 2018
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.border.gov.au/Trav/Visi
2. http://www.border.gov.au/Trav/Visa-1
3. http://www.border.gov.au/about/contact/o...
4. http://www.border.gov.au/about/contact/o...
5. https://www.mara.gov.au/
6. https://www.border.gov.au/Trav/Visa/Immi...
7. http://www.border.gov.au/Forms/Documents...
8. http://www.border.gov.au/Trav/Citi
9. http://www.border.gov.au/FormsAndDocumen...
10. http://www.border.gov.au/Forms/Documents...
11. http://www.border.gov.au/Lega/Lega/Form/...
12. http://www.border.gov.au/Forms/Documents...
13. http://www.border.gov.au/about/contact/o...
14. http://www.border.gov.au/Forms/Documents...
15. http://www.border.gov.au/about/contact/o...
16. http://www.border.gov.au/Trav/Ente/Duty-...
17. http://www.border.gov.au/about/contact/m...
UNCLASSIFIED
Our references: FA18/10/01348; ADF2018/216186
Dear JS
I refer to your FOI request received on 27 September 2018, seeking access
to the following:
A document that contains the reason or reasons why the release of
documents by the Dept on the 29 August 2018 was not reflected in the
disclosure log.
The Department has made a decision on this request. Please see attached
the signed decision record and document released under the FOI Act.
This request has now been closed.
FOI and Records Management Branch
Productivity and Compliance Division
Corportate and Enabling Group
Department of Home Affairs
UNCLASSIFIED
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.
UNCLASSIFIED
Our references: FA 18/10/01368; ADF2018/216299
Dear JS
I refer to your FOI request received on 27 September 2018, seeking access
to the following:
A document that set out the basis for the Department’s claim, published on
its website, that a valid FOI request requires the FOI applicant complete
an online form, Access to information.
[including] a document that set out the basis for the Department’s claim
that a valid FOI request requires the applicant to:
(a) have read and understood the Department's Privacy statement
(b) have read and understood the Department's Security statement
(c) establish that the applicant is not a robot using the reCAPTCHA
process.
The Department has made a decision on this request. Please see attached
the signed decision record and document released under the FOI Act.
This request has now been closed.
FOI and Records Management Branch
Productivity and Compliance Division
Corportate and Enabling Group
Department of Home Affairs
UNCLASSIFIED
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.
Dear FOI,
Agencies and ministers must publish information that has been released in response to each FOI access request, subject to certain exceptions. Agencies and ministers must publish this information within ten working days of giving the FOI applicant access to the information. The requirement to publish in a disclosure log information that was released to an FOI applicant does not apply to information of three kinds if publication would be ‘unreasonable’: personal information, information about a business, or information covered by the Information Commissioner’s Disclosure Log Determination No. 2013-1 (Exempt Documents).
Given the content of the FOI responses and update of the disclosure log one could speculate that the FOI request prompted the Dept to comply with its FOI obligations in relation to the disclosure log, obligations it had failed to meet fron June 2018.
As for the FOI decision, OIC Guidelines Part 2 para 2.34 may be relevant
:
2.34 The right of access applies to documents that exist at the time the FOI request was made. An applicant cannot insist that their request cover documents created after the request is received. However, the agency or minister could consider whether to include documents that were created after the request was received. This could be more administratively efficient because the applicant might otherwise submit a new request for the later documents.
Thank you for the FOI decision. FA 18/10/01348
Yours sincerely,
JS