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IMPORTANT INFORMATION

Your email has been received by the Department of Home Affairs Freedom of
Information (FOI) Section.

The FOI section only responds to valid FOI requests and other matters
relating to the Freedom of Information Act 1982 (the FOI Act).  Visit the
FOI Information on our Website for more information on what [1]information
can be accessed under the FOI Act 1982.

What is a valid FOI request?

A valid FOI request may be for:

- documents you previously provided to the Department as part of a visa
application

- a copy of a decision record made by the Department

- statistical information held by the Department

- papers or briefings the Department prepared.

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request.

A valid FOI request must:

o Be in writing and state the request is for consideration under the FOI
Act.
o Have enough information for us to be able to identify the documents
you are seeking.
o Provide a physical or electronic address where we can send our
decision.

Do not send duplicate emails as this may cause longer delays in processing
times.

What is an invalid FOI request?

Invalid FOI requests may include:

- Making a visa application

- Seeking evidence of your Australian Citizenship

- Seeking information about traveling to or departing Australia.

If your email is not specific an FOI request or FOI related matter, the
FOI section will not respond.

What happens next?

Once we receive and have registered your FOI request, we will send you an
acknowledgment letter by email. Read the acknowledgment letter carefully
for further instructions.

FOI requests are generally processed in the order they are received.

We will contact you as soon as the Department has assessed your request
under the FOI Act.

We’re responding to a large volume of requests

Due to the current high volume of requests, we will not provide progress
up-dates on current FOI requests.  This is to ensure we are able to
process as many requests as possible, including yours.

If processing your request is going to take us a lot of time and because
it is large or unspecific, it may be refused.  

Still have a question or request?

If you still have a question, which has not been answered above, and which
is about the work of the Department, use our general enquiries web page

[2]https://immi.homeaffairs.gov.au/help-sup...

You may be able to resolve your enquiry faster using these other resources

We only action and respond to FOI requests that are valid under the
Freedom of Information Act 1982. You may be able to resolve your enquiry
faster by using these resources:

General information about travelling to Australia:

The Department of Home Affairs, “Entering Australia” site
[3]https://immi.homeaffairs.gov.au/entering...

·       For visa and our requirements for entry to Australia
[4]https://immi.homeaffairs.gov.au/visas/ge...

For a copy of your visa refusal or visa grant letter you should contact
the office where you lodged your visa application. 

·       To check your current visa details and conditions use the
Department’s Visa Entitlement Verification Online (VEVO) portal which can
be accessed [5]here

·       If you are experiencing technical difficulties in lodging your
visa application through ImmiAccount, submit your concerns through the
ImmiAccount Technical Support Form, which is accessible [6]here.

·       For evidence of your Australian Citizenship please refer [7]here.
The FOI Section does not process these requests.

·       For movement records or travel history complete the online
International Movement Records form [8]here. The FOI Section does not
process these requests.

·       To update your details, including your Passport details, you can
notify the Department [9]here. The FOI Section does not process these
requests.

We appreciate your feedback         

We appreciate your feedback to help improve our services.

If you would like to provide feedback to us please use our Compliments,
complaints and suggestions form.
[10]https://www.homeaffairs.gov.au/help-and-...

Thank you

Information updated 11 January 2022

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.homeaffairs.gov.au/access-an...
2. https://immi.homeaffairs.gov.au/help-sup...
3. https://immi.homeaffairs.gov.au/entering...
4. https://immi.homeaffairs.gov.au/visas/ge...
5. https://immi.homeaffairs.gov.au/visas/al...
6. https://immi.homeaffairs.gov.au/help-sup...
7. https://immi.homeaffairs.gov.au/citizens...
8. https://immi.homeaffairs.gov.au/entering...
9. https://immi.homeaffairs.gov.au/change-i...
10. https://www.homeaffairs.gov.au/help-and-...

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:       FA 23/08/00089

File Number:        FA23/08/00089

Dear BE,

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 31 July 2023 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:

Please provide a list of Ministerial Submissions sent to the Hon Clare
O'Neil during her appointment as the Minister for Home Affairs and Cyber
Security including PDR number and date (ie in same format as FOI
FA22/10/00553 published on the Department's disclosure log).

Your request has been allocated FOI request number FA 23/08/00089. 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]the
website of the Office of the Australian Information Commissioner.

Fees and Charges

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.

We do not provide personal details of staff

The Department’s practice is to exclude the personal details of staff not
in the Senior Executive Service (SES), as well as the direct contact
details of SES staff, contained in documents that fall within scope of an
FOI request. If you require personal details of non-SES officers, or
direct contact details of SES staff, please inform us so the decision
maker may consider your request. Otherwise we will take it that you agree
to that information being excluded from the scope of your request. However
names of staff that have previously been released in departmental
correspondence may be disclosed.

We do not provide duplicated documents

If the FOI decision-maker deems a document to be a duplicate, they will
not assess those pages as part of your FOI request. This means that if a
there is a decision to release the document to you, you will receive only
one copy, even if multiple copies of that document exist.

Publication of document

Released documents you request may be published to our website

Where documents are released to you in response to your request, the
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,

FOI Officer - Geoff

Freedom of Information

Department of Home Affairs

E: [4][Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

show quoted sections

OFFICIAL

In reply please quote:

FOI Request:  FA 23/08/00089

Dear BE,

I refer to your email dated 31 July 2023, in which you requested access to
documents held by the Department of Home Affairs (the department ) under
the Freedom of Information Act 1982 (the FOI Act).

You have requested access to the following:

Under freedom of information laws, I am requesting access to the following
documents:

Please provide a list of Ministerial Submissions sent to the Hon Clare
O'Neil during her appointment as the Minister for Home Affairs and Cyber
Security including PDR number and date (ie in same format as FOI
FA22/10/00553 published on the Department's disclosure log).

Intention to refuse request

I am writing to tell you that I intend to refuse your request on the basis
that a practical refusal reason exists. However, before I make a final
decision to do this, you have an opportunity to revise your request to
remove the practical refusal reason. This is called a ‘request
consultation process’. You have 14 days to respond to this notice in one
of the ways set out below.

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 under section 24AA of the FOI Act if
either (or both) of the following applies:

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

(1)(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.

I consider that the work involved in the processing of the request would
substantially and unreasonably divert the resources of the department from
its other operations, and accordingly that practical refusal reasons exist
under section 24AA(1)(a)(i) of the FOI Act.

Reasons for practical refusal

The department has identified a spreadsheet with 622 lines of ministerial
submission titles in response to your request. There are approximately 50
separate internal business units with responsibility for these
submissions. If the department were to continue to process your request,
consultations would need to be undertaken with each of these business
units in addition to at least one other Commonwealth department. A number
of the titles are of a high security classification and sensitivity, and
it is estimated that the consultations would take about 42.5 hours.  

An estimated further two hours would be required to format the
spreadsheet, obtain senior leader’s sign off and prepare the decision
letter at another two hours.

At a minimum, a total estimated time of 46.5 hours would be required to
continue to process your request.

I am satisfied that the department  would be required to divert
significant resources from its current operations in order to consult,
prepare the documents held within the department, and to make a decision
on access to those documents. This diversion would result in a significant
drain on the resources of the areas within the department that would be
required to process this request.

I consider that this would result in this request imposing both a
substantial and an unreasonable diversion of resources of the department 
from its other operations and that a practical refusal reason exists in
relation to this request.

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

Under section 24AB(6) of the FOI Act, 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.

You may revise your request in a number of ways. For example you may
request a smaller date range (the submissions range in date from the
3/08/2022 to 4/08/2023), or request particular submissions on a topic of
interest or titles from one business unit.

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, your request will be taken to have been
withdrawn in accordance with section 24AB(7) of the FOI Act.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact Elaine at
[1][email address].

Kind regards

Elaine – position 60097486

FOI Decision Maker

Privacy, FOI and Records Management Branch

Legal Group

Department of Home Affairs

[2][Department of Home Affairs request email]

OFFICIAL

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:[email address]
2. mailto:[Department of Home Affairs request email]%0d

OFFICIAL: Sensitive
Personal-Privacy

27 October 2023

BE

BY EMAIL:  [FOI #10518 email]

In reply please quote:

FOI Request:       FA 23/08/00089

File Number:       FA 23/08/00089      

Dear BE

Freedom of Information request – decision on access

I refer to your email dated 31 July 2023 in which you request access to
documents held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

Please find attached the decision.

Regards

Susan

FOI Case Officer

Freedom of Information
FOI & Records Management Branch | Legal Group
Department of Home Affairs

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

Personal-Privacy
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]