** This is an automated response. Please do not reply to this email **

IMPORTANT INFORMATION

UPDATED: 17 March 2020

COVID-19 (Corona Virus) has been declared a pandemic by the World Health
Organisation ([1]link). As the Department focuses its efforts on managing
the impact of COVID-19 on its critical services and employees, other
non-critical services may not be delivered within expected timeframes. We
apologise for the inconvenience and appreciate your patience during this
period.

____________________________________________________________________________________________________________

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 [2]here.

Information regarding potential visa options can be found [3]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 [4]here.

Checking your current Visa details and conditions

You can check your visa details and conditions on the Department’s Visa
Entitlement Verification Online (VEVO) portal which can be accessed
[5]here.  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 [6]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
[7]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 [8]here.

Australian Citizenship

If you are seeking evidence of your Australian Citizenship, please refer
[9]here.

Information on how to apply for Australian citizenship, information for
Australian citizens and Australian Citizenship Day can be found [10]here.

The FOI Section does not process these requests.

Movement Records/Travel History

If you are seeking evidence of your own travel movements/history you
should complete Form 1359, which can be found [11]here.

The FOI Section does not process these requests.

Superannuation – Evidence of Immigration Status

Information about accessing your superannuation after leaving Australia
can be found [12]here.

The FOI Section does not process these requests.

Changes in your situation including updating your Passport Details

If your situation has changes or is about to change, you need to tell us
because your visa might be affected.

Information can be found [13]here about how to notify the Department of a
change in your situation.

The FOI Section does not process these requests.

Duty Free concessions

Information relating to duty free concessions can be found [14]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 [15]here.

Thank you

Information updated 15 April 2020

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. https://www.who.int/dg/speeches/detail/w...
2. http://www.border.gov.au/Trav/Visi
3. http://www.border.gov.au/Trav/Visa-1
4. http://www.border.gov.au/about/contact/o...
5. https://immi.homeaffairs.gov.au/visas/al...
6. http://www.border.gov.au/about/contact/o...
7. https://www.mara.gov.au/
8. https://www.border.gov.au/Trav/Visa/Immi...
9. https://immi.homeaffairs.gov.au/visas/al...
10. https://immi.homeaffairs.gov.au/citizens...
11. https://www.abf.gov.au/form-listing/form...
12. https://immi.homeaffairs.gov.au/entering...
13. https://immi.homeaffairs.gov.au/change-i...
14. http://www.border.gov.au/Trav/Ente/Duty-...
15. http://www.border.gov.au/about/contact/m...

hide quoted sections

** This is an automated response. Please do not reply to this email **

IMPORTANT INFORMATION

UPDATED: 17 March 2020

COVID-19 (Corona Virus) has been declared a pandemic by the World Health
Organisation ([1]link). As the Department focuses its efforts on managing
the impact of COVID-19 on its critical services and employees, other
non-critical services may not be delivered within expected timeframes. We
apologise for the inconvenience and appreciate your patience during this
period.

____________________________________________________________________________________________________________

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 [2]here.

Information regarding potential visa options can be found [3]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 [4]here.

Checking your current Visa details and conditions

You can check your visa details and conditions on the Department’s Visa
Entitlement Verification Online (VEVO) portal which can be accessed
[5]here.  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 [6]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
[7]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 [8]here.

Australian Citizenship

If you are seeking evidence of your Australian Citizenship, please refer
[9]here.

Information on how to apply for Australian citizenship, information for
Australian citizens and Australian Citizenship Day can be found [10]here.

The FOI Section does not process these requests.

Movement Records/Travel History

If you are seeking evidence of your own travel movements/history you
should complete Form 1359, which can be found [11]here.

The FOI Section does not process these requests.

Superannuation – Evidence of Immigration Status

Information about accessing your superannuation after leaving Australia
can be found [12]here.

The FOI Section does not process these requests.

Changes in your situation including updating your Passport Details

If your situation has changes or is about to change, you need to tell us
because your visa might be affected.

Information can be found [13]here about how to notify the Department of a
change in your situation.

The FOI Section does not process these requests.

Duty Free concessions

Information relating to duty free concessions can be found [14]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 [15]here.

Thank you

Information updated 15 April 2020

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. https://www.who.int/dg/speeches/detail/w...
2. http://www.border.gov.au/Trav/Visi
3. http://www.border.gov.au/Trav/Visa-1
4. http://www.border.gov.au/about/contact/o...
5. https://immi.homeaffairs.gov.au/visas/al...
6. http://www.border.gov.au/about/contact/o...
7. https://www.mara.gov.au/
8. https://www.border.gov.au/Trav/Visa/Immi...
9. https://immi.homeaffairs.gov.au/visas/al...
10. https://immi.homeaffairs.gov.au/citizens...
11. https://www.abf.gov.au/form-listing/form...
12. https://immi.homeaffairs.gov.au/entering...
13. https://immi.homeaffairs.gov.au/change-i...
14. http://www.border.gov.au/Trav/Ente/Duty-...
15. http://www.border.gov.au/about/contact/m...

hide quoted sections

UNCLASSIFIED

Rickie Hardiman

BY EMAIL: [1][email address]

BY EMAIL: [2][FOI #6300 email]

In reply please quote:

FOI Request:       FA 20/04/00959

FOI Request:       FA 20/04/00960

Dear Rickie Hardiman,

I refer to your email dated 21 April 2020 in which you request access to
information held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

I am writing to tell you that your request is not valid for the purposes
of section 15(2)(b) of the FOI Act, and to provide you with an opportunity
to revise your request so that it is a valid request. This is called a
‘request consultation process’. You have 14 days to respond to this notice
in one of the ways set out below.

Scope of Request

You have requested access to the following:

FA 20/04/00959:

I request information on the legislation regarding ABC journalists
information taken by AFP

FA 20/04/00960:

I request information on the legal protection offered to whistleblowers in
Australia.

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 if either (or both) of the following
applies:

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

(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.

Reasons for practical refusal

I do not consider that your request satisfies the requirements of section
15(2)(b) of the FOI Act.

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 to.

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 you are seeking access to, so as to enable the
Department to identify those documents. 

You do not necessarily need to be able to identify the exact document you
are seeking, but you need to provide the Department with sufficient
information to enable us to identify it. 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 [3]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 you are seeking to access.

You now have an opportunity to revise your request to enable it to
proceed.

Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation,
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, the Department will take no further
action with your request.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact the FOI section at
[DIBP request email].

Position number: 00011450

FOI Officer

Freedom of Information Section

FOI and Records Management Branch

Data Division | Corporate 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.

References

Visible links
1. mailto:[email address]
2. mailto:[FOI #6300 email]
3. https://www.homeaffairs.gov.au/about-us-...

UNCLASSIFIED

Rickie Hardiman

BY EMAIL: [1][email address]

BY EMAIL: [2][FOI #6300 email]

In reply please quote:

FOI Request:       FA 20/04/00959

FOI Request:       FA 20/04/00960

Dear Rickie Hardiman,

I refer to your email dated 21 April 2020 in which you request access to
information held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

I am writing to tell you that your request is not valid for the purposes
of section 15(2)(b) of the FOI Act, and to provide you with an opportunity
to revise your request so that it is a valid request. This is called a
‘request consultation process’. You have 14 days to respond to this notice
in one of the ways set out below.

Scope of Request

You have requested access to the following:

FA 20/04/00959:

I request information on the legislation regarding ABC journalists
information taken by AFP

FA 20/04/00960:

I request information on the legal protection offered to whistleblowers in
Australia.

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 if either (or both) of the following
applies:

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

(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.

Reasons for practical refusal

I do not consider that your request satisfies the requirements of section
15(2)(b) of the FOI Act.

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 to.

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 you are seeking access to, so as to enable the
Department to identify those documents. 

You do not necessarily need to be able to identify the exact document you
are seeking, but you need to provide the Department with sufficient
information to enable us to identify it. 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 [3]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 you are seeking to access.

You now have an opportunity to revise your request to enable it to
proceed.

Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation,
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, the Department will take no further
action with your request.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact the FOI section at
[DIBP request email].

Position number: 00011450

FOI Officer

Freedom of Information Section

FOI and Records Management Branch

Data Division | Corporate 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.

References

Visible links
1. mailto:[email address]
2. mailto:[FOI #6300 email]
3. https://www.homeaffairs.gov.au/about-us-...

UNCLASSIFIED

Dear Mr Hardiman,

Thank you for your email and for clarifying the scope of your request.

The Department of Home Affairs does not generally hold documents that relate to police matters, and these would be held by the relevant police authorities, such as the AFP.

In addition, documents within scope of your request are publically available via the following link:

https://www.judgments.fedcourt.gov.au/ju....

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 working days of this email, your request will be taken to have been withdrawn.

Yours sincerely,

FOI Officer
Freedom of Information
FOI and Records Management Branch | Data Division
Corporate and Enabling Group
Department of Home Affairs | Email: [DIBP request email]

UNCLASSIFIED

-----Original Message-----
From: Rickie Hardiman <[FOI #6300 email]>
Sent: Thursday, 23 April 2020 11:04 AM
To: FOI <[DIBP request email]>
Subject: Re: FOI REQUEST FA 20/04/00959 AND FA 20/04/00960 [SEC=UNCLASSIFIED]

Dear FOI,
Thank you for your reply and indications about what I need to do to find information on my subject of the ABC. My modified request is now
What were the reasons for judgements made in the case of ABC vs Federal Police case

Yours sincerely,

Rickie Hardiman

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

UNCLASSIFIED

Rickie Hardiman

BY EMAIL: [1][email address]

BY EMAIL: [2][FOI #6300 email]

In reply please quote:

FOI Request:       FA 20/04/00959

FOI Request:       FA 20/04/00960

Dear Rickie Hardiman,

I refer to your email dated 21 April 2020 in which you request access to information held by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act).

I am writing to tell you that your request is not valid for the purposes of section 15(2)(b) of the FOI Act, and to provide you with an opportunity to revise your request so that it is a valid request. This is called a ‘request consultation process’. You have 14 days to respond to this notice in one of the ways set out below.

Scope of Request

You have requested access to the following:

FA 20/04/00959:

I request information on the legislation regarding ABC journalists information taken by AFP

FA 20/04/00960:

I request information on the legal protection offered to whistleblowers in Australia.

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 if either (or both) of the following
applies:

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

(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.

Reasons for practical refusal

I do not consider that your request satisfies the requirements of section
15(2)(b) of the FOI Act.

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 to.

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 you are seeking access to, so as to enable the Department to identify those documents. 

You do not necessarily need to be able to identify the exact document you are seeking, but you need to provide the Department with sufficient information to enable us to identify it. 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 [3]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 you are seeking to access.

You now have an opportunity to revise your request to enable it to proceed.

Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation, 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, the Department will take no further action with your request.

Contact

Should you wish to revise your request or have any questions in relation to this process, please do not hesitate to contact the FOI section at [DIBP request email].

Position number: 00011450

FOI Officer

Freedom of Information Section

FOI and Records Management Branch

Data Division | Corporate 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.

References

Visible links
1. mailto:[email address]
2. mailto:[FOI #6300 email]
3. https://www.homeaffairs.gov.au/about-us-...

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #6300 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:
https://www.righttoknow.org.au/help/offi...

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

UNCLASSIFIED

Dear Mr Hardiman

FOI request FA 20/04/00960

I refer to your FOI request received on 21 April 2020, seeking access to the following:

Aany information you have to guide a whistleblower on the best avenues to take"

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

This request has now been closed.

Kind regards

FOI Officer
Freedom of Information (FOI) Section | FOI and Records Management Branch
Data Management Division | Corporate and Enabling Group
Department of Home Affairs
E: [DIBP request email]

UNCLASSIFIED

-----Original Message-----
From: Rickie Hardiman <[FOI #6300 email]>
Sent: Thursday, 23 April 2020 10:58 AM
To: FOI <[DIBP request email]>
Subject: Re: FOI REQUEST FA 20/04/00959 AND FA 20/04/00960 [SEC=UNCLASSIFIED]

Dear FOI,

Thank you for your responses and I would like to give you the opportunity to fulfil my request by complying with per your notations.
I request any information you have to guide a whistleblower on the best avenues to take.

Yours sincerely,

Rickie Hardiman

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

UNCLASSIFIED

Rickie Hardiman

BY EMAIL: [1][email address]

BY EMAIL: [2][FOI #6300 email]

In reply please quote:

FOI Request:       FA 20/04/00959

FOI Request:       FA 20/04/00960

Dear Rickie Hardiman,

I refer to your email dated 21 April 2020 in which you request access to information held by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act).

I am writing to tell you that your request is not valid for the purposes of section 15(2)(b) of the FOI Act, and to provide you with an opportunity to revise your request so that it is a valid request. This is called a ‘request consultation process’. You have 14 days to respond to this notice in one of the ways set out below.

Scope of Request

You have requested access to the following:

FA 20/04/00959:

I request information on the legislation regarding ABC journalists information taken by AFP

FA 20/04/00960:

I request information on the legal protection offered to whistleblowers in Australia.

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 if either (or both) of the following
applies:

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

(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.

Reasons for practical refusal

I do not consider that your request satisfies the requirements of section
15(2)(b) of the FOI Act.

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 to.

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 you are seeking access to, so as to enable the Department to identify those documents. 

You do not necessarily need to be able to identify the exact document you are seeking, but you need to provide the Department with sufficient information to enable us to identify it. 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 [3]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 you are seeking to access.

You now have an opportunity to revise your request to enable it to proceed.

Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation, 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, the Department will take no further action with your request.

Contact

Should you wish to revise your request or have any questions in relation to this process, please do not hesitate to contact the FOI section at [DIBP request email].

Position number: 00011450

FOI Officer

Freedom of Information Section

FOI and Records Management Branch

Data Division | Corporate 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.

References

Visible links
1. mailto:[email address]
2. mailto:[FOI #6300 email]
3. https://www.homeaffairs.gov.au/about-us-...

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Please use this email address for all replies to this request:
[FOI #6300 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:
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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.

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