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

IMPORTANT INFORMATION

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OFFICIAL

In reply please quote:

FOI Request:         FA 21/06/00079

File Number:          OBJ2021/16416 

Dear Lauren Stark

Acknowledgement of Freedom of Information Access request

I refer to your correspondence received on 1 June 2021 seeking access to
documents held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

Scope of request

You have requested access to the following:

I am writting to request the total number of temporary visa holders with
current application for permanent residency.

Your request was received by the Department on 1 June 2021 and has been
allocated FOI request number FA 21/06/00079. 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][Department of Home Affairs request email]

Regards

Stefan

Position number: 60094807

Authorised FOI Officer

Freedom of Information

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:[Department of Home Affairs request email]

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

IMPORTANT INFORMATION

show quoted sections

OFFICIAL

In reply please quote:

FOI Request:      FA 21/06/00079

File Number:      OBJ2021/16416

Dear Lauren Stark,

I refer to your FOI request received on 1 June 2021.  

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

This request has been closed in our system. 

Signed electronically

Derek

Position number 60007884

Authorised Decision Maker | Freedom of Information Section

FOI and Records Management Branch

Data Division | Strategy and Law Enforcement Group

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

In reply please quote:

FOI request: FA 21/06/00079-R1

File number: OBJ2021/16416

Dear Ms Stark

Invalid Freedom of Information internal review request

Thank you for your email requesting an Internal Review of your Freedom of
Information request FA 21/06/00079.

The Department has determined that your request for internal review is
invalid, by the operation of section 54E(b) of the Freedom of Information
Act 1982 (the FOI Act).

Section 54E(b) provides that internal review is not available for
decisions that an agency has been taken to have made under section 15AC of
the Act.  Section 15AC of the FOI Act applies when an agency is deemed to
have refused an FOI request because it did not make its original decision
on the request during the request’s statutory timeframe (30 days, plus any
additional time the FOI Act provides for extension or consultation).

On 1 July 2021, the Department was deemed to have refused your original
request under Section 15AC because it had not made its decision on your
request by 1 July 2021 the last day of the statutory timeframe prescribed
by the FOI Act.

While the Department eventually made a decision on your request 4 August
2021 section 15AC of the FOI Act continued to apply to your request and
was not negated by the later substantive decision.

As a result, the Department is unable to take any action on your request
for internal review.

Information Commissioner review

As you have already requested an IC review in relation to the Department’s
earlier deemed refusal decision, the Office of the Australian Information
Commissioner (OAIC) is able to extend that review to incorporate a review
of the Department’s substantive decision.

There is no need to lodge a new IC review – an OAIC review officer will be
in touch with you shortly to seek your advice as to whether you wish to
proceed with your current IC review, and will provide you with an
opportunity to raise any issues you wish the IC review to consider.

More information about Information Commissioner review is available on the
Office of the Australian Information Commissioner website at
[1]www.oaic.gov.au.

Regards,

Dale

Position No. 60107416

FOI Officer

Freedom of Information

Department of Home Affairs
Email: [2][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. http://www.oaic.gov.au/
2. mailto:[email address]

OFFICIAL

In reply please quote:

FOI request: FA 21/06/00079-R1

File number: OBJ2021/16416

Dear Ms Stark

Invalid Freedom of Information internal review request

Please disregard the previous email as it contained a clerical error.

Thank you for your email requesting an Internal Review of your Freedom of
Information request FA 21/06/00079.

The Department has determined that your request for internal review is
invalid, by the operation of section 54E(b) of the Freedom of Information
Act 1982 (the FOI Act).

Section 54E(b) provides that internal review is not available for
decisions that an agency has been taken to have made under section 15AC of
the Act.  Section 15AC of the FOI Act applies when an agency is deemed to
have refused an FOI request because it did not make its original decision
on the request during the request’s statutory timeframe (30 days, plus any
additional time the FOI Act provides for extension or consultation).

On 1 July 2021, the Department was deemed to have refused your original
request under Section 15AC because it had not made its decision on your
request by 1 July 2021 the last day of the statutory timeframe prescribed
by the FOI Act.

While the Department eventually made a decision on your request 4 August
2021 section 15AC of the FOI Act continued to apply to your request and
was not negated by the later substantive decision.

As a result, the Department is unable to take any action on your request
for internal review.

Other options for review: Information Commissioner review

You may instead apply for a review of the Department’s access decision by
the Office of the Australian Information Commissioner, via the following
means:

Online:              [1]www.oaic.gov.au

Post:                  GPO Box 5218 Sydney NSW 2001

Fax:                    +61 2 9284 9666

Email:                [2][email address]

More information about Information Commissioner review is available on the
Office of the Australian Information Commissioner website at
[3]www.oaic.gov.au.

Regards,

Dale

Position No. 60107416

FOI Officer

Freedom of Information

Department of Home Affairs
Email: [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. http://www.oaic.gov.au/
2. mailto:[email address]
3. http://www.oaic.gov.au/
4. mailto:[email address]