Procedures for detention and search of Australian citizens
Dear Department of Home Affairs,
Under Freedom of Information I request any information, records, paper documents, electronic records (or their contents) held or accessible by the Department of Home Affairs (‘DHA’) in relation to the activities of officers (including Electronic Examination officers) or Immigration and Border Protection workers (all collectively referred to as ‘officers’ for the purpose of this request) under the Customs Act 1901 (Cth) or Migration Act 1958 (Cth) or Australian Border Force Act 2015 (Cth) in the examination, copy of contents, extraction of data from, and retention of, mobile phones or other digital devices at the airport, specifically:
1. Any documents including policies, procedures, checklists, protocols or pro forma templates in databases (including the Customs document management system and the pro forma template forms for Information Reports and BAGS reports) guiding the activities of officers in the detention and search of Australian citizens who refuse to cooperate by disallowing examination or forensics of electronic devices such as laptop or mobile phones.
Yours faithfully,
Naveen Nathan
Naveen Nathan
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Thank you
Information updated 11 January 2022
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OFFICIAL: Sensitive
Personal-Privacy
In reply please quote:
FOI Request: FA 23/05/00821
File Number: FA23/05/00821
Dear Naveen Nathan
Acknowledgement of Freedom of Information Access request
This letter acknowledges that on 14 May 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:
Under Freedom of Information I request any information, records, paper documents, electronic records (or their contents) held or accessible by the Department of Home Affairs (‘DHA’) in relation to the activities of officers (including Electronic Examination officers) or Immigration and Border Protection workers (all collectively referred to as ‘officers’ for the purpose of this request) under the Customs Act 1901 (Cth) or Migration Act 1958 (Cth) or Australian Border Force Act 2015 (Cth) in the examination, copy of contents, extraction of data from, and retention of, mobile phones or other digital devices at the airport, specifically:
1. Any documents including policies, procedures, checklists, protocols or pro forma templates in databases (including the Customs document management system and the pro forma template forms for Information Reports and BAGS reports) guiding the activities of officers in the detention and search of Australian citizens who refuse to cooperate by disallowing examination or forensics of electronic devices such as laptop or mobile phones.
Your request has been allocated FOI request number FA 23/05/00821. 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 the website of the Office of the Australian Information Commissioner.
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Publication of document
Released documents you request may be published to our website
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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 [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 - Jade
Freedom of Information
Department of Home Affairs
E: [Department of Home Affairs request email]
Personal-Privacy
OFFICIAL: Sensitive
-----Original Message-----
From: Naveen Nathan <[FOI #10306 email]>
Sent: Sunday, 14 May 2023 3:45 AM
To: FOI <[Department of Home Affairs request email]>
Subject: CM: Freedom of Information request - Procedures for detention and search of Australian citizens
Dear Department of Home Affairs,
Under Freedom of Information I request any information, records, paper documents, electronic records (or their contents) held or accessible by the Department of Home Affairs (‘DHA’) in relation to the activities of officers (including Electronic Examination officers) or Immigration and Border Protection workers (all collectively referred to as ‘officers’ for the purpose of this request) under the Customs Act 1901 (Cth) or Migration Act 1958 (Cth) or Australian Border Force Act 2015 (Cth) in the examination, copy of contents, extraction of data from, and retention of, mobile phones or other digital devices at the airport, specifically:
1. Any documents including policies, procedures, checklists, protocols or pro forma templates in databases (including the Customs document management system and the pro forma template forms for Information Reports and BAGS reports) guiding the activities of officers in the detention and search of Australian citizens who refuse to cooperate by disallowing examination or forensics of electronic devices such as laptop or mobile phones.
Yours faithfully,
Naveen Nathan
Naveen Nathan
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #10306 email]
Is [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:
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:
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 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: Sensitive
Personal-Privacy
In reply please quote:
FOI Request: FA 23/05/00821
File Number: FA23/05/00821
Dear Naveen Nathan
I refer to your request received on 14 May 2023 for access to documents
under the FOI Act.
The current due date for your request is 13 June 2023.
In order for the Department to complete the process of retrieving all the
documents that fall within the scope of your request and the subsequent
decision making process in relation to those documents, 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 Thursday 13 July 2023.
It would assist the Department in managing its FOI caseload if you could
provide a response to this request by close of business, Monday 5 June
2023
If you wish to discuss this matter further, please do not hesitate to
contact me on the details below.
Kind regards
FOI Officer - Jade
Freedom of Information
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 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:[Department of Home Affairs request email]
Dear FOI Officer - Jade,
I agree to extend the timeframe for the processing of my request by 30 days.
Yours sincerely,
Naveen Nathan
Dear FOI Officer - Jade,
FOI Request: FA 23/05/00821
File Number: FA23/05/00821
I agree to extend the timeframe for the processing of my request by 30 days.
Yours sincerely,
Naveen Nathan
Dear FOI,
From previous correspondence the FOI was due July 13th. Is there any update on this?
Yours sincerely,
Naveen Nathan
OFFICIAL: Sensitive
Personal-Privacy
Good Morning Nathan,
I refer to your email below.
This request is currently being processed and will be finalised in two
weeks approximately.
Appreciate your understanding.
Thanking you,
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
From: Naveen Nathan <[FOI #10306 email]>
Sent: Monday, 24 July 2023 8:57 PM
To: FOI <[Department of Home Affairs request email]>
Subject: Re: FOI Request FA 23/05/00821 - Request for Extension of time
[SEC=OFFICIAL:Sensitive, ACCESS=Personal-Privacy]
Dear FOI,
From previous correspondence the FOI was due July 13th. Is there any
update on this?
Yours sincerely,
Naveen Nathan
-----Original Message-----
OFFICIAL: Sensitive
Personal-Privacy
In reply please quote:
FOI Request: FA 23/05/00821
File Number: FA23/05/00821
Dear Naveen Nathan
I refer to your request received on 14 May 2023 for access to documents
under the FOI Act.
The current due date for your request is 13 June 2023.
In order for the Department to complete the process of retrieving all the
documents that fall within the scope of your request and the subsequent
decision making process in relation to those documents, 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 Thursday 13 July 2023.
It would assist the Department in managing its FOI caseload if you could
provide a response to this request by close of business, Monday 5 June
2023
If you wish to discuss this matter further, please do not hesitate to
contact me on the details below.
Kind regards
FOI Officer - Jade
Freedom of Information
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 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. [2]mailto:[Department of Home Affairs request email]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #10306 email]
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:
[4]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 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:[Department of Home Affairs request email]
2. mailto:[department
3. mailto:[FOI #10306 email]
4. https://www.righttoknow.org.au/help/offi...
Dear FOI,
Hi, this request is more than 60 days overdue. Can we please get this expedited.
Yours sincerely,
Naveen Nathan
OFFICIAL: Sensitive
Personal-Privacy
Naveen Nathan
BY EMAIL: [FOI #10306 email]
In reply please quote:
FOI Request: FA 23/05/00821
File Number: FA 2305/00821
Dear Naveen Nathan
Freedom of Information (FOI) request – Access Decision
On 14 May 2023, the Department of Home Affairs (the Department) received a
request for access to documents under the Freedom of Information Act 1982
(the FOI Act).
The purpose of this email is to provide you with a decision on your
request for access under the FOI Act. Please find attached the decision
letter and the documents released.
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]