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IMPORTANT INFORMATION

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OFFICIAL

In reply please quote:
FOI Request: FA 20/07/01516
File Number: ADF2020/151623

Dear Mr Wallace

Acknowledgement of Freedom of Information Access request – Notification of Transfer

We refer to your request dated 30 July 2020 in which you have sought access to documents held by the Department of Home Affairs (Department) under the Freedom of Information Act 1982 (FOI Act).

You have requested access to:

I am seeking information on flights permitted to land in Australia from China between Mar and Aug 2020.

Documents which would be the subject of your request would be in the possession of the Department of Infrastructure, Transport, Regional Development and Communications. As such, your request was transferred to Department of Infrastructure, Transport, Regional Development and Communications on 4 August 2020 under section 16 of the FOI Act so that that agency can make a decision on your request for access to their documents.

Your application was received on 30 July 2020, and the 30 day statutory period for processing your request will commence from that date.

The FOI officer at Department of Infrastructure, Transport, Regional Development and Communications will be writing to you directly concerning your request.

Yours sincerely

FOI Officer
FOI and Records Management Branch
Data Division
Strategy & Law Enforcement Group
Department of Home Affairs | www.homeaffairs.gov.au
E: [DIBP request email]

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OFFICIAL

Dear Mr Wallace

I refer to your FOI request below that was sent to the department of Home Affairs on 30 July 2020 and subsequently transferred to the department of Infrastructure, Transport, Regional Development and Communications under s16 of the FOI Act 1982.

In order to process your request we require clarification on what "information" you are seeking access to. We note your request seeks access to information about flights permitted to land in Australia from China for a 6 month period.

Grateful if you could contact the FOI team on the number provided below or email a number to us that we can contact you on so we can refine and clarify your FOI request. If you seeking a document that outlines the total number of flights permitted to land from March to August 2020 from China and does this request include both passenger and freight flights?

Kind regards
FOI Team - Governance Section
Governance, Parliamentary and Integrity Branch | Corporate Services Division
Department of Infrastructure, Transport, Regional Development and Communications
GPO Box 594, Canberra ACT 2601
t 02 6274 7393
The department proudly acknowledges the Traditional Owners and Custodians of Australia, and their continuing connections to the land, waters and communities. We pay our respects to them and to their Elders past, present and emerging.

OFFICIAL

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OFFICIAL

Dear Mr Wallace,

Further to the email below sent to you on 11 August 2020, the department is still unable to progress your request in its current form and requires clarification.

On the basis of the information you have provided we are not capable of locating documents at this point due to the generality of your request seeking “information” on flights permitted to land in Australia from China between Mar and Aug 2020.

Section 24 of the FOI Act provides that the an Section 24 provides that an agency may refuse to process an FOI request if a practical refusal reason, as defined in section 24AA, exists.

Section 24AA (1)(b) relevantly provides:
(1) For the purposes of section 24, a practical refusal reason exists in relation to a request for a document if the following applies:
b. The request does not satisfy the requirement in paragraph 15(2)(b)(identification of documents)
Section 15(2)(b) states:

(2) The request must:
(b) provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it;

In accordance with the FOI Act I am writing to notify you that in order for your FOI request to be processed we invite you to discuss the scope of your request. We require clarification on the information you are after in order to be able to identify the documents that may be in scope of your request. For example, you may wish to consider clarifying whether the “information” you are seeking strictly relates to the numbers of passenger flights or freight flights or both, or includes documents surrounding any of these numbers?

We are available to assist you if you have any questions regarding the processing of your request and can be reached by telephone on (02) 6274 6495 or by email at [email address].

To assist the department in responding to your future communication on this request, please quote the FOI tracking number located in the subject line.

Please note that in accordance with Section 24AB(2)(e) you have 14 days from the date of this email (28 August 2020) to contact the department regarding your request, or your request will be deemed to be withdrawn.

Kind regards
FOI Team - Governance Section
Governance, Parliamentary and Integrity Branch | Corporate Services Division Department of Infrastructure, Transport, Regional Development and Communications GPO Box 594, Canberra ACT 2601 t 02 6274 6495 The department proudly acknowledges the Traditional Owners and Custodians of Australia, and their continuing connections to the land, waters and communities. We pay our respects to them and to their Elders past, present and emerging.

OFFICIAL

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