Review of search powers following ANAO report into the ’The Australian Border Force’s Use of Statutory Powers’’

Louise Boon-Kuo made this Freedom of Information request to Department of Home Affairs

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Dear Department of Home Affairs,

Under Freedom of Information I request a copy of any reports, findings or records (whether paper or electronic) of the review and any remedial actions conducted by the Department or/and the Australian Border Force in relation to the review referenced in the extract below from the Department’s response to the Australian National Audit Office (ANAO) Report No. 39 2016-2017 ‘’The Australian Border Force’s Use of Statutory Powers’’. Please note that the report and the Department’s response is published here https://www.anao.gov.au/work/performance... ).

The Department’s response, signed by Janet Connell (Chief Operating Officer and Deputy Secretary Corporate, signed 13 January 2017) and Michael Outram (Deputy Commissioner Operations, signed 16 January 2017) can be found at Appendix 1 of the report. After noting that the ANAO Report found instances of potentially unlawful searches and failure to comply with mandatory instructions under the Customs Act 1901 and Migration Act 1958, the Department included the following statement referencing its review into the use of search powers:

“The Department contends that it is highly likely these instances are in the category of inadvertent and administrative breaches as opposed to deliberate and intentional breaches. Notwithstanding, the Department takes this seriously and is conducting a detailed review to verify whether the searches were conducted lawfully/appropriately, identify and address any control weaknesses and will take necessary remedial actions.”

Yours faithfully,

Louise Boon-Kuo

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[13]here. Details on where to send your completed form may be found on
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Thank you

Information updated 13 November 2018

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References

UNCLASSIFIED
In reply please quote:
FOI Request: FA 19/08/01228
File Number: OBJ2019/47311

Dear Ms Boon-Kuo

Acknowledgement of Freedom of Information Access request

I refer to your correspondence received on 19 August 2019 seeking 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:

A copy of any reports, findings or records (whether paper or electronic) of the review and any remedial actions conducted by the Department or/and the Australian Border Force in relation to the review referenced in the extract below from the Department’s response to the Australian National Audit Office (ANAO) Report No. 39 2016-2017 ‘’The Australian Border Force’s Use of Statutory Powers’’. Please note that the report and the Department’s response is published here https://www.anao.gov.au/work/performance...).

Your request was received by the Department on 19 August 2019 and has been allocated FOI request number FA 19/08/01228 . Please include your FOI request number in all correspondence with the Freedom of Information Section.

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Contacting the FOI Section

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

With kind regards
Freedom of Information Section
FOI, Privacy and Records Management Branch
Productivity and Compliance Division | Corporate and Enabling Group
Department of Home Affairs
E: [DIBP request email]
UNCLASSIFIED

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.

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Unsolicited commercial emails MUST NOT be sent to the originator of this email.

UNCLASSIFIED

Good afternoon

I refer to your request received on 19 August 2019 for access to documents under the FOI Act.

The current due date for your request is 18 September 2019. Due to the number of requests currently being processed by our office, we will not be able to finalise your request by the original 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 Friday 18 October 2019.

It would assist the Department in managing its FOI caseload if you could provide a response to this request by close of business, Thursday 19 September 2019

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

With kind regards
Freedom of Information Section
FOI, Privacy and Records Management Branch
Data Division | Corporate and Enabling Group
Department of Home Affairs
E: [DIBP request email]

UNCLASSIFIED

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.

Dear FOI,

I agree to the Department's request to extend the timeframe for the processing of my request by 30 days. I note that this extends the due date for my request to Friday 18 October 2019.

Yours sincerely,

Louise Boon-Kuo

Dear FOI,

I note this request is long overdue. I respectfully note that by law, under all circumstances, the Department should have responded by now. Please provide an update on the status of this request.

Yours sincerely,

Louise Boon-Kuo

Dear Department of Home Affairs,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Home Affairs's handling of my FOI request 'Review of search powers following ANAO report into the ’The Australian Border Force’s Use of Statutory Powers’’'.

I submitted this request on 19 August 2019. The Department requested an extension until 18 October 2019 to which I agreed. I then sought an update on my request on 19 December 2019 but have not received any correspondence from the Department since 16 September 2019.

By law, under all circumstances, the Department should have responded to this request by now.

I respectfully request a response to this FOI request.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/r...

Yours faithfully,

Louise Boon-Kuo

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

IMPORTANT INFORMATION

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request. Please do not send duplicate emails
as this may cause delays in processing times.

For matters not relating to the Freedom of Information Act 1982, please
refer to the information below to assist in the resolution of your
enquiry.

General information regarding travelling to Australia

Information for visitors to Australia can be found [1]here.

Information regarding potential visa options can be found [2]here.

Request for a copy of your Visa Refusal or Visa Grant letter

Details of our offices located around the world can be found [3]here.

Queries regarding your current Visa status

Refund of Visa fees

Making a Visa application

Registered migration agents are authorised to provide immigration advice
or assistance, including advice regarding the lodgement of visa
applications. Further information on migration agents may be found
[5]here. Please note that the Department is unable to assist you in this
regard.

Australian Citizenship

If you are seeking evidence of your Australian Citizenship, you should
complete Form 119, which can be found [7]here. Details on where to send
your completed form may be found on page 8 of the Form. This form will
not be actioned by the FOI Section.

Information on how to apply for Australian citizenship, information for
Australian citizens and Australian Citizenship Day can be found [8]here.

Movement Records/Travel History

If you are seeking evidence of your own travel movements/history you
should complete Form 1359, which can be found [9]here. Details on where to
send your request may be found on page 1 and 2 of the Form. This request
will not be actioned by the FOI Section.

Superannuation – Evidence of Immigration Status

If you are seeking evidence of your own immigration status for
superannuation purposes, you should complete Form 1194, which can be found
[10]here. Details on where to send your completed form may be found on
page 1 of the Form. This request will not be actioned by the FOI Section.

Update Passport Details

Information on how to update your address or passport details can be found
[11]here.

Notification of Change in Circumstances

If you have lodged a visa application and your circumstances have changed,
you should submit [12]Form 1022 to the office where you lodged your visa
application. Details of our offices located around the world can be found
[13]here. The FOI Section does not process these forms.

Duty Free concessions

Information relating to duty free concessions can be found [14]here.

General Enquiries

Thank you

Information updated 21 October 2019

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

UNCLASSIFIED

UNCLASSIFIED
Dear Ms Boon-Kuo

I can advise that FOI section has requested and received all documents within the scope of this request. The Department is now in the process of assessing the documents and consulting with the responsible business areas of the Department.

In terms of your review rights, section 54E(b) of the FOI Act provides that internal review is not available if the original decision is a deemed refused decision – it is only available for decisions resulting in an substantive access grant or access refusal decision.

You may however choose to seek Information Commissioner review of the Department’s deemed decision. Information about your review rights are available on the website of the Office of the Australian Information Commissioner: https://www.oaic.gov.au/freedom-of-infor....

Regards

Claire
FOI Officer, Reviews Team
Freedom of Information (FOI) Section|FOI and Records Management Branch
Data Division|Corporate and Enabling Group
Department of Home Affairs
E: [email address]

UNCLASSIFIED

-----Original Message-----
From: Louise Boon-Kuo <[FOI #5585 email]>
Sent: Tuesday, 28 January 2020 12:38 PM
To: FOI <[DIBP request email]>
Subject: Internal review of Freedom of Information request - Review of search powers following ANAO report into the ’The Australian Border Force’s Use of Statutory Powers’’

Dear Department of Home Affairs,

Please pass this on to the person who conducts Freedom of Information reviews.

By law, under all circumstances, the Department should have responded to this request by now.

I respectfully request a response to this FOI request.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/r...

Yours faithfully,

Louise Boon-Kuo

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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.

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Review of search powers following ANAO report into the ’The Australian Border Force’s Use of Statutory Powers’’

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