Ministerial submission 28 Aug 23

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Your Query General Information
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check your visa [5]Ceremony wait times (homeaffairs.gov.au)
application status
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I want to access [6]Check visa details and conditions
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Australia
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citizenship
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I want my travel [11]Requesting travel records (homeaffairs.gov.au)
records in and out
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I am having Use our [12]technical guide to troubleshoot in
technical problems [13]ImmiAccount.
lodging an
application If you are still unable to resolve your issue submit
the [14]ImmiAccount Technical Support Form
I wish to provide Provide information by [15]ImmiAccount. After you
information about submit your application, use [16]ImmiAccount to:
a visa application
or provide ·        apply for a bridging visa
information about
changes to my ·        access the My Health Declarations service
situation
·        attach documents to your online application

·        check the progress of your application

· update your passport or address details

· notify of incorrect information in your
application

Further details and instructions refer to
[17]ImmiAccount Help & Support

[18]Changes in your situation (homeaffairs.gov.au)
I have made an If you have been sent a request letter to complete
appointment for a health but are experiencing delays you can attach
health examination details of your appointment to [19]ImmiAccount.
I want to withdraw [20]You want to withdraw an application
my visa or (homeaffairs.gov.au)
citizenship
application
I want to update [21]Changes in your situation (homeaffairs.gov.au)
my address,
contact or
passport details
Can my visa fee be Refunds can only be made in very limited
refunded? circumstances governed by legislation.

For further information see [22]Getting a refund
(homeaffairs.gov.au)
Visa eligibility Information on [23]visa options is available on the
query Department’s website.
Since my visa was [24]Changes in your situation (homeaffairs.gov.au)
granted I have had
a child born in
Australia
I want to lodge Find out how to provide [25]Compliments, complaints
feedback about a and suggestions
Department service

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References

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request: FA 24/02/01036

File Number: FA24/02/01036

Dear Oliver Smith,

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 16 February 2024 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:

Under the FOI Act, can I please obtain a copy of the ministerial
submission sent to the office of Minister Giles’ on 28 August, 2023, in
regards to the NZYQ High Court case and described as "the submission was
signed by Minister Giles on 18 September 2023" in the document tabled at
the Legal and Constitutional Affairs Legislation Committee Senate
Estimates on 12 February 2024.

Your request has been allocated FOI request number FA 24/02/01036. 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.

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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
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details of SES staff, contained in documents that fall within scope of an
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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,

Paul

Position number: 60176114

Privacy FOI & Records Management Branch | Legal Group

Department Of Home Affairs

E: [4][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. https://www.oaic.gov.au/freedom-of-infor...
2. https://www.homeaffairs.gov.au/access-an...
3. mailto:[Department of Home Affairs request email]
4. mailto:[Department of Home Affairs request email]

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OFFICIAL: Sensitive
Personal-Privacy

FOI Request: FA 24/02/01036

Dear Oliver Smith

I refer to your request received on 16 February 2024 for access to
documents under the FOI Act.

The current due date for your request is 17 March 2024.

In order for the Department to complete the process of retrieving all the
documents that fall within the scope of your request the Department will
require additional time to process your request.

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 Tuesday 16 April 2024.

It would assist the Department in managing its FOI caseload if you could
provide a response to this request by close of business, Monday 11 March
2024

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

Kind regards,

Phil

Position No. 60157242

Authorised FOI Officer - Freedom of Information

Privacy, FOI and Records Management Branch | Legal Group

Department of Home Affairs | [1]www.homeaffairs.gov.au

Email [2][Department of Home Affairs request email]

[3]signature

Personal-Privacy
OFFICIAL: Sensitive

-----Original Message-----
From: Oliver Smith <[FOI #11117 email]>
Sent: Friday, 16 February 2024 12:22 PM
To: FOI <[Department of Home Affairs request email]>
Subject: Freedom of Information request - Ministerial submission 28 Aug 23

Dear Department of Home Affairs,

Under the FOI Act, can I please obtain a copy of the ministerial
submission sent to the office of Minister Giles’ on 28 August, 2023, in
regards to the NZYQ High Court case and described as "the submission was
signed by Minister Giles on 18 September 2023" in the document tabled at
the Legal and Constitutional Affairs Legislation Committee Senate
Estimates on 12 February 2024.

Yours faithfully,

Oliver Smith

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[4][FOI #11117 email]

Is [5][Department of Home Affairs request email] the wrong address for Freedom of Information
requests to Department of Home Affairs? If so, please contact us using
this form:

[6]https://www.righttoknow.org.au/change_re...

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:

[7]https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will
be delayed.

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, 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. http://www.homeaffairs.gov.au/
2. mailto:[Department of Home Affairs request email]
4. mailto:[FOI #11117 email]
5. mailto:[Department of Home Affairs request email]
6. https://www.righttoknow.org.au/change_re...
7. https://www.righttoknow.org.au/help/offi...

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[1]Australian Government Department of Home Affairs logo

IMPORTANT INFORMATION

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

If you have lodged a request for access to documents or amendment to
information, you will receive an acknowledgement letter within 14 days.

If your email relates to other matters then please contact the relevant
area of the Department or review the frequently asked questions below. The
mailbox is unable to respond to visa and citizenship status updates or
questions. If your query is answered by this information you will not
receive another response to your email.

Please see our website for more information on submitting a valid request
for access to information. [2]Freedom of information (homeaffairs.gov.au)

Frequently Asked Questions

Your Query General Information
If you applied [4]Our online services (homeaffairs.gov.au)
online, you can
check your visa [5]Ceremony wait times (homeaffairs.gov.au)
application status
in [3]ImmiAccount.
I want to access [6]Check visa details and conditions
my visa details (homeaffairs.gov.au)
I want to apply [7]Applying online in ImmiAccount
for a visa to (homeaffairs.gov.au)
Australia
My visa has [8]Your visa is expiring or has expired
expired (homeaffairs.gov.au)
I want to apply [9]Become a citizen (homeaffairs.gov.au)
for Australian
Citizenship or [10]Evidence of citizenship and certificates Change
access/amend my a citizenship certificate (homeaffairs.gov.au)
citizenship
details
I want my travel [11]Requesting travel records (homeaffairs.gov.au)
records in and out
of Australia
I am having Use our [12]technical guide to troubleshoot in
technical problems [13]ImmiAccount.
lodging an
application If you are still unable to resolve your issue submit
the [14]ImmiAccount Technical Support Form
I wish to provide Provide information by [15]ImmiAccount. After you
information about submit your application, use [16]ImmiAccount to:
a visa application
or provide ·        apply for a bridging visa
information about
changes to my ·        access the My Health Declarations service
situation
·        attach documents to your online application

·        check the progress of your application

· update your passport or address details

· notify of incorrect information in your
application

Further details and instructions refer to
[17]ImmiAccount Help & Support

[18]Changes in your situation (homeaffairs.gov.au)
I have made an If you have been sent a request letter to complete
appointment for a health but are experiencing delays you can attach
health examination details of your appointment to [19]ImmiAccount.
I want to withdraw [20]You want to withdraw an application
my visa or (homeaffairs.gov.au)
citizenship
application
I want to update [21]Changes in your situation (homeaffairs.gov.au)
my address,
contact or
passport details
Can my visa fee be Refunds can only be made in very limited
refunded? circumstances governed by legislation.

For further information see [22]Getting a refund
(homeaffairs.gov.au)
Visa eligibility Information on [23]visa options is available on the
query Department’s website.
Since my visa was [24]Changes in your situation (homeaffairs.gov.au)
granted I have had
a child born in
Australia
I want to lodge Find out how to provide [25]Compliments, complaints
feedback about a and suggestions
Department service

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

fa 2402 01036 documents released.PDF.pdf

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FA 24 02 01036 Decision Letter Oliver Smith.pdf

359K Download View as HTML

OFFICIAL

Dear Mr Smith

FOI request FA 24/02/01036

I refer to your FOI request received on 16 February 2024, seeking access
to the following:

Under the FOI Act, can I please obtain a copy of the ministerial
submission sent to the office of Minister Giles’ on 28 August, 2023, in
regards to the NZYQ High Court case and described as "the submission was
signed by Minister Giles on 18 September 2023" in the document tabled at
the Legal and Constitutional Affairs Legislation Committee Senate
Estimates on 12 February 2024.

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.

Electronically signed

Lucksika

Position number 60016902

Freedom of Information

Privacy, FOI and Records Management Branch | Legal Group

Department of Home Affairs

E: [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.

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