OFFICIAL

FOI Reference: LEX2555

Dear Elias

Re: Freedom of Information (FOI) Request

Thank you for your e-mail dated 3 September 2020 in which you seek access
under the Freedom of Information Act 1982 to:

“1) Memorandum of Understanding on People Smuggling and other
Transnational Border Crime (September 2017)

2) Australia-Sri Lanka Memorandum of Understanding concerning Legal
Cooperation against the Smuggling of Migrants (December 2009).”

This e-mail sets out some information about how your request will be
processed by the Department of Foreign Affairs and Trade.

Searches are now being undertaken in relevant areas of the Department for
documents relevant to your request.

Scope of request:

If it emerges that the scope of your request is unclear or is too large
for processing, the Department will contact you to discuss re-scoping the
request.

Timeframe for receiving our decision:

We received your request on 3 September 2020 and the 30-day statutory
period for processing your request commenced from the day after that
date.  You should therefore expect a decision from us by 6 October 2020 (5
October being a public holiday). The period of 30 days may be extended in
certain circumstances.  We will advise you if any extension of time is
required.

Charges:

Please note that the Department issues charges for processing FOI
requests.  We will advise you of these charges when we are in a position
to estimate the resources required to process your request.

Timing of release:

As the subject matter of your request will require DFAT to upload any
documents released to you to the Department’s FOI Disclosure Log, we take
this opportunity to advise you that the Department’s policy is to upload
documents to the disclosure log on the same day as the documents are
released to you.

Exclusion of officials’ names and contact details:

It is the Department’s policy to withhold the mobile numbers of all
government officials, and the names and contact details of government
officials not in the Senior Executive Service (SES) or equivalent.  If you
require the mobile numbers of all government officials, or the names and
contact details of non-SES officials, please let us know at
[1][DFAT request email] so the decision-maker may consider; otherwise we will
take it that you agree to that information being excluded from the scope
of your request.

Personal Information:

If we need to consult with other people or organisations regarding your
FOI request, we may need to disclose your personal information (e.g. your
name).  When we consult it may be apparent that you have made a request,
even if we do not disclose your identity.  Please let us know if you have
any concerns in this regard.  The Department’s privacy policy is available
at [2]dfat.gov.au/privacy.html.

Should you require any further information, please do not hesitate to
contact us by return e-mail at [3][DFAT request email]

Regards

DFAT FOI Team

[4]cid:image001.png@01D349A2.74F24380

Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
[5]DFAT.GOV.AU | [6]Twitter | [7]Facebook | [8]Flickr | [9]YouTube

[10]cid:image002.png@01D60752.779EB210

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OFFICIAL

DFAT Reference: LEX2555

Dear Mr Ross

We are writing in relation to your request received on Thursday 3
September 2020 by the Department of Foreign Affairs and Trade (DFAT) under
the Freedom of Information Act 1982 (FOI Act).

Notification of transfer of FOI request under s16 of the FOI Act

The FOI Act provides a mechanism to transfer requests to another agency
where the subject-matter of the request is more closely connected with the
functions of that agency. This ensures that a decision on the request is
made by the most appropriate agency. As the subject-matter of your request
is more closely connected with the functions of the Department of Home
Affairs, DFAT has sought to transfer your request to Home Affairs to deal
with the request.

Home Affairs has accepted transfer of your request, in accordance with
section 16(1)(b) of the FOI Act. We expect that the Home Affairs FOI team
will contact you soon in relation to your request.

Regards

DFAT FOI Team

[1]cid:image001.png@01D349A2.74F24380

Freedom of Information and Privacy Law Section
Legal Division | Department of Foreign Affairs and Trade
[2]DFAT.GOV.AU | [3]Twitter | [4]Facebook | [5]Flickr | [6]YouTube

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OFFICIAL

In reply please quote:

FOI Request:         FA 20/09/00552

File Number:          OBJ2020/29439 

Dear Mr Ross

Acknowledgement of Freedom of Information Access request

I refer to your correspondence received on 3 September 2020 seeking access
to documents held by the Department of Foreign Affairs and Trade under the
Freedom of Information Act 1982 (the FOI Act).

Scope of request

You have requested access to the following:

1) Memorandum of Understanding on People Smuggling and other Transnational
Border Crime (September 2017)

2) Australia-Sri Lanka Memorandum of Understanding concerning Legal
Cooperation against the Smuggling of Migrants (December 2009)..

The subject matter of the documents requested by you is more closely
connected with the functions of the Department of Home Affairs (the
Department) than the functions of the Department of Foreign Affairs and
Trade. As such, your request was transferred to the Department on
11 September 2020 under section 16 of the FOI Act.

Your request was received on 3 September 2020 and has been allocated FOI
request number FA 20/09/00552. Please include your FOI request number in
all correspondence with the Freedom of Information Section.

Timeframe for receiving your decision

The statutory timeframe for processing a request is 30 days from the date
upon which your application was received by the Department.

Your review rights in relation to your request are available on the
website of the Office of the Australian Information Commissioner [1]here.

Exclusion of staff details

The Department’s policy 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.

Duplicate 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 exists.

Publication of document

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.

Contacting the FOI Section

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

Yours sincerely

FOI Officer

FOI and Records Management Branch

Data Division

Strategy & Law Enforcement Group

Department of Home Affairs | [3]www.homeaffairs.gov.au

E: [4][email address]

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 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.oaic.gov.au/freedom-of-infor...
2. mailto:[email address]
3. http://www.homeaffairs.gov.au/
4. mailto:[email address]

OFFICIAL

In reply please quote:

FOI Request:         FA 20/09/00552

File Number:          OBJ2020/29439 

Dear Mr Ross,

I refer to your request dated 3 September 2020 for access to documents
held by the Department of Home Affairs (the Department) under the Freedom
of Information Act 1982 (the FOI Act).

The Department has identified documents that fall within the scope of your
request. These documents contain information that originated with, or was
received from, a foreign government.

The Department intends to consult the foreign government prior to making a
decision on access to the documents. As a result, the timeframe for
processing this request has been extended by 30 days in accordance with
subsection 15(7) of the FOI Act.

If you wish to discuss the matter with me directly, please do not hesitate
to contact me at [email address].

Yours sincerely,

FOI Officer

Freedom of Information

FOI and Records Management Branch | Data Division

Strategy & Law Enforcement Group

Department of Home Affairs | Email: [email address]

OFFICIAL

From: FOI
Sent: Friday, 11 September 2020 2:08 PM
To: [FOI #6677 email]
Subject: HPRM: Acknowledgement – FOI request FA 20/09/00552 [SEC=OFFICIAL]

OFFICIAL

In reply please quote:

FOI Request:         FA 20/09/00552

File Number:          OBJ2020/29439 

Dear Mr Ross

Acknowledgement of Freedom of Information Access request

I refer to your correspondence received on 3 September 2020 seeking access
to documents held by the Department of Foreign Affairs and Trade under the
Freedom of Information Act 1982 (the FOI Act).

Scope of request

You have requested access to the following:

1) Memorandum of Understanding on People Smuggling and other Transnational
Border Crime (September 2017)

2) Australia-Sri Lanka Memorandum of Understanding concerning Legal
Cooperation against the Smuggling of Migrants (December 2009)..

The subject matter of the documents requested by you is more closely
connected with the functions of the Department of Home Affairs (the
Department) than the functions of the Department of Foreign Affairs and
Trade. As such, your request was transferred to the Department on
11 September 2020 under section 16 of the FOI Act.

Your request was received on 3 September 2020 and has been allocated FOI
request number FA 20/09/00552. Please include your FOI request number in
all correspondence with the Freedom of Information Section.

Timeframe for receiving your decision

The statutory timeframe for processing a request is 30 days from the date
upon which your application was received by the Department.

Your review rights in relation to your request are available on the
website of the Office of the Australian Information Commissioner [1]here.

Exclusion of staff details

The Department’s policy 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.

Duplicate 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 exists.

Publication of document

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.

Contacting the FOI Section

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

Yours sincerely

FOI Officer

FOI and Records Management Branch

Data Division

Strategy & Law Enforcement Group

Department of Home Affairs | [3]www.homeaffairs.gov.au

E: [4][email address]

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 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.oaic.gov.au/freedom-of-infor...
2. mailto:[email address]
3. http://www.homeaffairs.gov.au/
4. mailto:[email address]

OFFICIAL

Dear Mr Ross,

Thank you for your email.

The timeframe for processing this request was been extended by 30 days in accordance with subsection 15(7) of the FOI Act.

The due date for this request is 2 November 2020.

Yours sincerely,

FOI Officer
Freedom of Information
FOI and Records Management Branch | Data Division
Strategy & Law Enforcement Group
Department of Home Affairs | Email: [email address]

OFFICIAL

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OFFICIAL

Dear Mr Ross,

I refer to your request received on 3 September 2020 for access to documents under the FOI Act.

The current due date for your request is 2 November 2020.

As previously advised, the Department identified documents that fall within the scope of your request that contain information that originated with, or was received from, a foreign government. As a result, the timeframe for processing this request was extended by 30 days in accordance with subsection 15(7) of the FOI Act.

Consultations for this request are ongoing, and as a result, we will not be able to finalise your request by the due date. The Department seeks your agreement under section 15AA of the FOI Act to extend the timeframe for the processing of your request by 30 days. This would extend the due date for your request to 2 December 2020.

It would assist the Department in managing its FOI caseload if you could provide a response to this request by close of business, Friday 30 October 2020.

If you wish to discuss this matter further, please do not hesitate to contact the FOI section on the details below.


Yours sincerely,

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

OFFICIAL

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Dear Mr Ross,

Thank you for your email enquiring about the progress of your FOI request.

Please be advised that the Department is currently processing a large number of FOI requests. Our staff are working hard and the Department is committed to processing your request as quickly as possible.

A decision on access will be made on your request and you will be notified of this as soon as possible.

Yours sincerely,

FOI Officer
Freedom of Information
FOI and Records Management Branch | Data Division
Strategy & Law Enforcement Group
Department of Home Affairs | Email: [email address]

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OFFICIAL

Dear Mr Ross,

Thank you for your email enquiring about the progress of your FOI request.

Please be advised that the Department is currently processing a large number of FOI requests. Our staff are working hard and the Department is committed to processing your request as quickly as possible.

The Department appreciates your ongoing patience.

Yours sincerely,

FOI Officer
Freedom of Information
FOI and Records Management Branch | Data Division
Strategy & Law Enforcement Group
Department of Home Affairs | Email: [email address]

OFFICIAL

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OFFICIAL

Good morning,

Thank you for your email enquiring about the progress of your FOI request.
Your decision is still being processed. A decision on access will be made on your request and you will be notified of this as soon as possible.

Yours sincerely,

FOI Officer
Freedom of Information
FOI and Records Management Branch | Data Division
Strategy & Law Enforcement Group
Department of Home Affairs | Email: [email address]

OFFICIAL

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OFFICIAL

Dear Mr Ross,

FOI request FA 20/11/00044

I refer to your FOI request received on 2 November 2020, seeking access to
the following:

2013 MOU signed between the US Coast Guard and the Australian Customs and
Border Protection Service.

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

This request has now been closed.

Kind regards,

FOI Officer

Freedom of Information

FOI and Records Management Branch | Data Division

Strategy & Law Enforcement Group

Department of Home Affairs | Email: [1][email address]

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 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]

OFFICIAL

Dear Mr Ross,

Thank you for your email enquiry about the status of FA 20/11/00503. Please accept my apologies for the delay in the processing of this request.

Your request seeks access to two documents:

1. Enhanced Screening Operational Guidelines
2. Enhanced Screening Quality Assurance Plan

The Enhanced Screening Operational Guidelines were publically released in 2014. Please see the released document attached for your information.

The Department is continuing to process you request regarding the Enhanced Screening Quality Assurance Plan. The request is at decision making stage, and we hope to be able to finalise your request shortly.

Again my apologies for the delay.

Kind regards

Rebecca

Assistant Director
FOI Section
FOI and Records Management Branch
Data Division
Strategy & Law Enforcement Group
Department of Home Affairs | www.homeaffairs.gov.au

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OFFICIAL

Dear Mr Elias Ross

FOI request FA 20/09/00113

I refer to your FOI request received on 2 September 2020, seeking access
to the following:

Please provide the Individualised Assessment Obligations File Notes,
Individualised Assessment Protection File Notes, Enhanced Screening
Protection File Notes and interview transcripts which were conducted for
the purposes of individualised assessment of Australia's non-refoulement
obligations for the following instances:

- During the Operations Sovereign Borders reporting period 01 July 2019 to
31 July 2019 when 5 Sri Lankan nationals were intercepted by the
Australian Government at sea

- During the Operations Sovereign Borders reporting period 1 June 2017 to
30 June 2017, when 6 Sri Lankan nationals were intercepted by the
Australian Government at sea.

- During the Operations Sovereign Borders reporting period 1 August 2016
to 31 August 2016, when 6 Sri Lankan nationals were intercepted by the
Australian Government at sea.

- During the Operations Sovereign Borders reporting period 1 February 2016
to 29 February 2016, when 5 Sri Lankan nationals were intercepted by the
Australian Government at sea

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.

Yours sincerely

Freedom of Information Officer

FOI Section

FOI and Records Management Branch

Data Division

Strategy & Law Enforcement Group

Email: [1][email address]

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 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]

OFFICIAL

Dear Mr Ross

I refer to FOI request FA 20/09/00552 dated 3 Sept 2020 for access to the
following documents held by the Department of Home Affairs (the
Department) under the Freedom of Information Act 1982 (the FOI Act). The
scope of your request is:

1) Memorandum of Understanding on People Smuggling and other Transnational
Border Crime (September 2017)

2) Australia-Sri Lanka Memorandum of Understanding concerning Legal
Cooperation against the Smuggling of Migrants (December 2009).

I am writing to provide an update on the processing of the request, noting
that the request is outside of statutory timeframes.

•           The Department is in the process of finalising consultation
with internal stakeholders as to possible exemptions under the FOI Act. We
expect a response shortly, and will then proceed to finalising your
request.

A decision on access will be made as soon as possible.

If you wish to discuss the matter further, please do not hesitate to
contact me at [email address]

FOI Officer

Freedom of Information

FOI and Records Management Branch | Data Division

Strategy & Law Enforcement Group

Department of Home Affairs | Email: [email address]
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 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.

OFFICIAL

Dear Mr Ross

FOI request FA 20/09/00552

I refer to your FOI request received on 3 September 2020, seeking access
to the following:

1) Memorandum of Understanding on People Smuggling and other Transnational
Border Crime (September 2017)

2) Australia-Sri Lanka Memorandum of Understanding concerning Legal
Cooperation against the Smuggling of Migrants (December 2009)

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

This request has now been closed.

Kind regards

FOI Officer (IC) | Position Number: 60120965

Freedom of Information Section

Department of Home Affairs

Email: [1][email address]
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 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]