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IMPORTANT INFORMATION

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

The FOI section only responds to valid FOI requests and other matters
relating to the Freedom of Information Act 1982 (the FOI Act).  Visit the
FOI Information on our Website for more information on what [1]information
can be accessed under the FOI Act 1982.

What is a valid FOI request?

A valid FOI request may be for:

- documents you previously provided to the Department as part of a visa
application

- a copy of a decision record made by the Department

- statistical information held by the Department

- papers or briefings the Department prepared.

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request.

A valid FOI request must:

o Be in writing and state the request is for consideration under the FOI
Act.
o Have enough information for us to be able to identify the documents
you are seeking.
o Provide a physical or electronic address where we can send our
decision.

Do not send duplicate emails as this may cause longer delays in processing
times.

What is an invalid FOI request?

Invalid FOI requests may include:

- Making a visa application

- Seeking evidence of your Australian Citizenship

- Seeking information about traveling to or departing Australia.

If your email is not specific an FOI request or FOI related matter, the
FOI section will not respond.

What happens next?

Once we receive and have registered your FOI request, we will send you an
acknowledgment letter by email. Read the acknowledgment letter carefully
for further instructions.

FOI requests are generally processed in the order they are received.

We will contact you as soon as the Department has assessed your request
under the FOI Act.

We’re responding to a large volume of requests

Due to the current high volume of requests, we will not provide progress
up-dates on current FOI requests.  This is to ensure we are able to
process as many requests as possible, including yours.

If processing your request is going to take us a lot of time and because
it is large or unspecific, it may be refused.  

Still have a question or request?

If you still have a question, which has not been answered above, and which
is about the work of the Department, use our general enquiries web page

[2]https://immi.homeaffairs.gov.au/help-sup...

You may be able to resolve your enquiry faster using these other resources

We only action and respond to FOI requests that are valid under the
Freedom of Information Act 1982. You may be able to resolve your enquiry
faster by using these resources:

General information about travelling to Australia:

The Department of Home Affairs, “Entering Australia” site
[3]https://immi.homeaffairs.gov.au/entering...

·       For visa and our requirements for entry to Australia
[4]https://immi.homeaffairs.gov.au/visas/ge...

For a copy of your visa refusal or visa grant letter you should contact
the office where you lodged your visa application. 

·       To check your current visa details and conditions use the
Department’s Visa Entitlement Verification Online (VEVO) portal which can
be accessed [5]here

·       If you are experiencing technical difficulties in lodging your
visa application through ImmiAccount, submit your concerns through the
ImmiAccount Technical Support Form, which is accessible [6]here.

·       For evidence of your Australian Citizenship please refer [7]here.
The FOI Section does not process these requests.

·       For movement records or travel history complete the online
International Movement Records form [8]here. The FOI Section does not
process these requests.

·       To update your details, including your Passport details, you can
notify the Department [9]here. The FOI Section does not process these
requests.

We appreciate your feedback         

We appreciate your feedback to help improve our services.

If you would like to provide feedback to us please use our Compliments,
complaints and suggestions form.
[10]https://www.homeaffairs.gov.au/help-and-...

Thank you

Information updated 11 January 2022

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.homeaffairs.gov.au/access-an...
2. https://immi.homeaffairs.gov.au/help-sup...
3. https://immi.homeaffairs.gov.au/entering...
4. https://immi.homeaffairs.gov.au/visas/ge...
5. https://immi.homeaffairs.gov.au/visas/al...
6. https://immi.homeaffairs.gov.au/help-sup...
7. https://immi.homeaffairs.gov.au/citizens...
8. https://immi.homeaffairs.gov.au/entering...
9. https://immi.homeaffairs.gov.au/change-i...
10. https://www.homeaffairs.gov.au/help-and-...

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:         FA 22/12/00377

File Number:          FA22/12/00377

Dear Eleanor Davey

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 7 December 2022 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 Freedom of Information Act I would like to request a copy of the
report provided by Save the Children Australia to the Moss Inquiry (2015)
in response to accusations against Save the Children staff members.

Your request has been allocated FOI request number FA 22/12/00377. 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.

Fees and Charges

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
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. However
names of staff that have previously been released in departmental
correspondence may be disclosed.

We do not provide duplicated 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 exist.

Publication of document

Released documents you request may be published to our website

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.

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

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:         FA 22/12/00377

File Number:          FA22/12/00377

Dear Eleanor Davey

I refer to your request received on 7 December 2022 for access to
documents under the FOI Act. 

The current due date for your request is 6 January 2023. 

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 Sunday 5 February 2023.
However, as this date falls on a non-working day, section 36(2) of the
Acts Interpretation Act 1901 provides that the latest date the Department
may issue a decision would be the next working day, which is Monday 6
February 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 19
December 2022

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]

OFFICIAL

In reply please quote:

FOI Request: FA 22/12/00377

File Number:  FA 22/12/00377

Dear Eleanor Davey

I refer to your request to access documents under the Freedom of
Information Act 1982 (the FOI Act), which the Department of Home Affairs
(the Department) received on 7 December 2022.

As provided under section 29 of the Freedom of Information Act 1982 (the
FOI Act) and the Freedom of Information (Charges) Regulations 1982 (the
Regulations), I have determined that payment is required for this request
to be processed.

Preliminary assessment of charges

I have assessed the work the Department would need to do to process your
request, taking into account the time that would be spent by the relevant
business areas in searching for and retrieving documents and assessing the
documents for release. I have calculated the charge as follows:

Search and retrieval: (8 hours @ $15 per hour) = $120.00

Decision making: No charge

(no charges are applied for the first five hours of decision-making)

Total: $120.00

(charge has been rounded down to the nearest whole dollar amount)

Next steps

Within 30 days of this email you must:

•      pay the charge or optional deposit indicated in the attached
invoice for your request to proceed, and/or

•      write to the Department if you believe the charge has been wrongly
assessed, should be reduced or not imposed, or

•      withdraw your request.

Your request will not be processed until you take one of these actions.
Your request will be withdrawn if you do not take action with 30 days.

Option 1: Pay the charge or an optional deposit

You can either pay the full amount now, or a deposit of $30.00.

You will receive a final notice of charges once the Department has made
its decision on your access request. No documents will be released to you
until you have paid any outstanding charges.

If the Department does not make a decision on your request within the
statutory time limit, we will refund your payment.

Details of how to pay are contained in the attached invoice.

Option 2: Write to the Department to contend charges are incorrect or
should be waived or reduced

You can contest the charge on the grounds that the charge was not properly
calculated, or:

•          that payment of the charge, or part of it, would cause you
financial hardship

•          that giving access to the documents is in the general public
interest, or in the interest of a substantial section of the public.

This is not an exhaustive list and the Department may consider any other
relevant matters.

Please set out your reasons as clearly as possible and provide supporting
evidence.

The Department has a statutory timeframe of 30 days from the date of your
response to make a decision to reduce or not impose a charge. We will
notify you of our charges decision in writing.

You may still dispute the charge if you have paid the charge or a deposit.
If the Department agrees to reduce or waive the charge, and the final
charge amount is less than the amount you have paid, we will issue you
with a refund.

Option 3: Withdraw your request

To withdraw your request, please send an email to
[1][Department of Home Affairs request email] or reply to this email stating that you wish to
withdraw the request.

If you withdraw your request, we will close your request and no charges
will be incurred.

Timeframe for your response

You must respond to this notice within 30 days, which is by Monday, 23
January 2023.

If you do not provide a written response within this timeframe your
request will be deemed withdrawn under section 29(2) of the Act. No
charges will be incurred.

Legislation and further information

A copy of the FOI Act is available at
[2]https://www.legislation.gov.au/Series/C2...

Information about how we calculate charges can be seen at: [3]We consider
your Freedom of Information request (homeaffairs.gov.au)

The Office of the Australian Information Commissioner also provides
information about charging at: [4]What charges may apply? - Home
(oaic.gov.au)

Contact

Please contact [5][Department of Home Affairs request email] if you have any questions about
this notice.

Yours sincerely

[signed electronically]

Kind regards,

Simon
Position Number 60156398
Senior FOI Officer | Freedom of Information Section
FOI & Records Management Branch | Legal Group
Department of Home Affairs

E: [6][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 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. https://www.legislation.gov.au/Series/C2...
3. https://www.homeaffairs.gov.au/access-an...
4. https://www.oaic.gov.au/freedom-of-infor...
5. mailto:[Department of Home Affairs request email]
6. mailto:[Department of Home Affairs request email]

OFFICIAL

Hi Eleanor,

Thank you for your email in relation to FA22/12/00377,

The way in which a charge is calculated is based on the FOI charging regulations 2019. This is spilt into two categories via time spent in search and retrieval of the document and decision making.

In relation to search and retrieval, the business areas advise the FOI team of the time spent in this process, this is then charged at a rate of $15 per hour. The business areas conducting the S&R of the documents in scope for this request have advised the FOI team that 8 hours were spent in this process.

There was no charge for decision making, as that fell under the 5 hour benchmark ( this includes consulting with 3rd parties )

if there is anything else that I can assist with please let me know,

Kind regards,

Simon
Position Number 60156398
Senior FOI Officer | Freedom of Information Section
FOI & Records Management Branch | Legal Group
Department of Home Affairs
E: [Department of Home Affairs request email]

show quoted sections

OFFICIAL

In reply, please quote:

FOI Request:  FA 22/12/00377

File Number:   FA22/12/00377

Dear Ms Davey

Freedom of Information (FOI) request – Notice of charge decision following
applicant contention that charge be reduced or not imposed (s 29(8))

On 7 December 2022, the Department of Home Affairs (the Department)
received a request for access to documents under the Freedom of
Information Act 1982 (the FOI Act).

1            Scope of request

You have requested access to the following documents:

Under the Freedom of Information Act I would like to request a copy of the
report provided by Save the Children Australia to the Moss Inquiry (2015)
in response to accusations against Save the Children staff members.

On 23 December 2022, the Department wrote to you to advise you that a
preliminary assessment had been made that you were liable to pay a charge
of $120.00 for the processing of this FOI request.

On 19 January 2023 you requested a waiver or reduction of charges pursuant
to section 29(5)(a) of the Act.

This letter provides my decision on your request.

2        Authority to make decision

I am an officer authorised under section 23 of the FOI Act to make
decisions in respect of requests to access document or to amend or
annotate records.

3          Decision on waiver or reduction of charges

I have decided under s 29(4) to waive the charge provided to you by notice
on 23 December 2023. The reasons for my decision under s 29(4) are set
out below.

Reasons for my decision

I have considered:

·       whether payment of the charge, or part of it, would cause
financial hardship to the applicant or a person on whose behalf the
application was made;

·       whether giving access to the document in question is in the
general public interest or in the interest of a substantial section of the
public;

·       arguments you have put forward in your email of 19 January 2023;

·       any other relevant matter including any other submission as to why
a charge should be reduced or waived;

I have determined:

·       That the payment of the charge, or part of it, would not cause
financial hardship. The reasons for this conclusion are that the basis of
the contention, or part thereof, was not financial hardship and by
extension, supporting documentation was not provided. In the absence of
supporting documentation or statement of claim, I am left to conclude that
the payment of the charge, or part of it, would not cause financial
hardship on the applicant or to a person on whose behalf the application
was made.

·       That the disclosure of the documents in question are not in the
general public interest or in the interest of a substantial section of the
public. The reasons for this conclusion are that the matters referred to
within the documents appear of primary interest to a limited number of
individuals or motivated interest groups.

·       That the time taken to locate the documents was factual and
accurate.

·       That the recordkeeping practices at the time of storing the
documents was not in line with the recordkeeping policy of the Department
at the time. As a result, it is estimated that search and retrieval times
of the documents would likely have equalled half of that used to form the
basis of the preliminary charge amount. As there is no reasonable manner
in which to re-assess the time required to search for and retrieve the
documents, I am left to conclude that it would be unreasonable to impose
the charge, or part of it, to process your request.

For the above reasons, I have decided to waive imposition of the charges
for the processing of your request.

Next steps in processing your request

As I have decided to waive the imposition of charges, the Department will
continue to process your request without further action required by you as
the applicant.

Review rights

Internal review

If you disagree with my decision, you have the right to apply for an
internal review by the Department my decision. Any request for internal
review must be provided to the Department by the date set out above. Where
possible please attach reasons why you believe review of the decision is
necessary. The internal review will be carried out by an officer other
than the original decision-maker and the Department must make a review
decision within 30 days.

Applications for review should be sent to:

By email to: [1][email address]

OR

By mail to:

Freedom of Information Section

Department of Home Affairs

PO Box 25

BELCONNEN ACT 2617

Review by the Office of the Australian Information Commissioner

You may apply directly to the Office of the Australian Information
Commissioner (OAIC) for a review of my decision. You must apply in writing
within 60 days of this notice. For further information about review rights
and how to submit a review request to the OAIC, please see FOI fact sheet
12 ‘Freedom of information – Your review rights’, available online at
[2]www.oaic.gov.au.

How to make a complaint about the handling of this FOI request

You may complain to the Australian Information Commissioner about action
taken by the Department in relation to your request.

Your enquiries to the Australian Information Commissioner can be directed
to:

·            Phone 1300 363 992 (local call charge)

·            Email  [3][email address]

There is no particular form required to make a complaint to the Australian
Information Commissioner. The request should be in writing and should set
out the grounds on which it is considered that the action taken in
relation to the request should be investigated and identify the Department
of Home Affairs as the relevant agency.

Contacting the FOI Section

Should you wish to discuss this decision, please do not hesitate to
contact the FOI Section at [4][Department of Home Affairs request email].

Yours sincerely,

[Electronically signed]

Phil

Position No. 60157242

Authorised FOI Officer - Freedom of Information

FOI and Records Management Branch | Legal Group

Department of Home Affairs  | [5]www.homeaffairs.gov.au

Email [6][Department of Home Affairs request email]

[7]cid:image002.jpg@01D85BA0.642F5C30

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:foi.reviews@
2. http://www.oaic.gov.au/
3. mailto:[email address]
4. mailto:[Department of Home Affairs request email]
5. http://www.homeaffairs.gov.au/
6. mailto:[Department of Home Affairs request email]

OFFICIAL

In reply please quote:

FOI Request: FA 22/12/00377

File Number: FA22/12/00377 

Dear Ms Davey

I refer to your FOI request received on 07 December 2022.

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

This request has been closed in our system.

Yours sincerely,

[Electronically signed]

Phil

Position No. 60157242

Authorised FOI Officer - Freedom of Information

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

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.homeaffairs.gov.au/
2. mailto:[Department of Home Affairs request email]