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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
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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 22/03/01159
File Number: OBJ2022/7078

Dear Garrath Baihn
Acknowledgement of Freedom of Information Access request
I refer to your correspondence received on 21 March 2022 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:
1. The directive signed by the Health Minister under s477(1) of the Biosecurity Act 2015 that relates to the Outward Travel Restrictions Operation Directive.

The Outward Travel Restrictions Operation Directive PDF provided by the Department of Home Affairs, which they are using to deny my request to travel isn’t signed by anyone, in section 1. of the PDF it says "The authority for these restrictions is a determination signed by the Health Minister under s477(1) of the Biosecurity Act 2015," I would like any and all information relating to these restrictions that have been signed by the Health Minister.
Your request was received by the Department on 21 March 2022 and has been allocated FOI request number FA 22/03/01159 . 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 here.

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 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.

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 refine or withdraw your request

Refining your request can reduce the time and charges associated with processing your FOI request.

To refine or withdraw your request, contact the FOI section at [Department of Home Affairs request email] and include your FOI request number.

Kind regards,

FOI Officer - Geoff
Freedom of Information
Department of Home Affairs

E: [Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

show quoted sections

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:
FOI Request: FA 22/03/01159
File Number: OBJ2022/7078

Dear Garrath Baihn,

I refer to your email dated 21 March 2022 in which you request access to documents held by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act).

I am writing to advise that your request is not valid for the purposes of section 15(2)(b) of the FOI Act in its current form, and to provide you with an opportunity to revise your request so that it is a valid request. This is called a ‘request consultation process’. Please respond to this notice in one of the ways set out below.

Scope of Request
You have requested access to the following:
1. The directive signed by the Health Minister under s477(1) of the Biosecurity Act 2015 that relates to the Outward Travel Restrictions Operation Directive.

The Outward Travel Restrictions Operation Directive PDF provided by the Department of Home Affairs, which they are using to deny my request to travel isn’t signed by anyone, in section 1. of the PDF it says "The authority for these restrictions is a determination signed by the Health Minister under s477(1) of the Biosecurity Act 2015," I would like any and all information relating to these restrictions that have been signed by the Health Minister.

Power to refuse request
Section 24 of the FOI Act provides that if the Department is satisfied that a practical refusal reason exists in relation to a request, the Department must undertake a consultation process with you, and if, after that consultation process, the Department remains satisfied that the practical refusal reason still exists, the Department may refuse to give you access to the documents subject to the request.

Practical refusal
A practical refusal reason exists if either (or both) of the following applies:
(a) the work involved in the processing of the request would substantially and unreasonably divert the resources of the Department from its other operations
(b) the request does not satisfy the requirement in section 15(2)(b) of the FOI Act, which requires you to provide such information concerning the document you are seeking access to, to enable the Department to be able to identify it.
Reasons for practical refusal

The Department has considered the scope of this request and its capacity to conduct searches of relevance based on the current scope. It is my preliminary view that your request, in its current form, is not specific enough to enable the Department to identify documents in scope of your request.

In order to process your request in a timely manner, FOI and the relevant business area require your assistance to clarify the scope of your request.
Please clarify the following points of the scope of your request:

The phrase “...any and all information relating to these restrictions that have been signed by the Health Minister” necessarily encompasses an extremely broad and unrestricted range of documents. Also, while a given document may cite its authority, the reverse is not true: it is not possible to determine what documents may derive from a given authority.

You may therefore wish to restrict the scope of your request to documents of specific types, matters and date ranges.

You may wish to restrict your request to the one specific document “The directive signed by the Health Minister under s477(1) of the Biosecurity Act 2015 that relates to the Outward Travel Restrictions Operation Directive”. However, while the Department of Home Affairs may hold this document, it is more likely to be held by the Department of Health. You may wish to withdraw this FOI request and lodge a new FOI request with the Department of Health.

Please also note that information on this subject is already publicly available, for instance, at:

https://www.homeaffairs.gov.au/covid19/
https://www.homeaffairs.gov.au/access-an...

Please advise by reply email if you would prefer to amend the scope or withdraw this request.

Request Consultation Process
You now have an opportunity to revise your request to enable it to proceed.
Your request is currently not a valid request for the purposes of section 15(2)(b) of the FOI Act. As part of this practical refusal consultation, you have 14 days to do one of the following:
• make a revised request;
• indicate that you do not wish to revise your request;
• withdraw your request.
If you do not do one of the three things listed above during the consultation period (14 days) or you do not consult the contact person listed below during this period, the Department will deem your request to be withdrawn.

Contact
Should you wish to revise your request or have any questions in relation to this process, please do not hesitate to contact the FOI section at [Department of Home Affairs request email]

Kind regards,

FOI Officer - Geoff
Freedom of Information
Department of Home Affairs

E: [Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

show quoted sections

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:
FOI Request: FA 22/03/01159
File Number: OBJ2022/7078

Dear Garrath Baihn,

Freedom of Information Request
I refer to your email dated 21 March 2022 in which you requested access to documents held by Department of Home Affairs under the Freedom of Information Act 1982 (the FOI Act).

You specifically requested access to:
1. The directive signed by the Health Minister under s477(1) of the Biosecurity Act 2015 that relates to the Outward Travel Restrictions Operation Directive.

The Outward Travel Restrictions Operation Directive PDF provided by the Department of Home Affairs, which they are using to deny my request to travel isn’t signed by anyone, in section 1. of the PDF it says "The authority for these restrictions is a determination signed by the Health Minister under s477(1) of the Biosecurity Act 2015," I would like any and all information relating to these restrictions that have been signed by the Health Minister.

On 11 April 2022, Department notified you of its intention to refuse your request on the basis that the work involved in processing your request in its current form would substantially and unreasonably divert the resources of Department from its other operations due to its broad nature, size and complexity.
In particular, Department notified you that, within 14 days of receipt of that letter, you must advise Department that:
• you wish to make a revised request; or
• indicate that you do not wish to revise your request; or
• withdraw your request.

The 14 day period has now expired. As such, in accordance with section 24AB(7) of the FOI Act, Department considers that your request has been withdrawn.

If you have any enquiries concerning this matter, please do not hesitate to contact an FOI officer at [Department of Home Affairs request email].

Kind regards,

FOI Officer - Geoff
Freedom of Information
Department of Home Affairs

E: [Department of Home Affairs request email]

show quoted sections