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IMPORTANT INFORMATION

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OFFICIAL

In reply please quote:
FOI Request: FA 20/12/00687
File Number: OBJ2020/39303

Dear Thatikonda

Acknowledgement of Freedom of Information Access request

I refer to your correspondence received on 16 December 2020 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 request to release the recent data related to state nomination allocations sent to states and territories in relation to SC 190 and 491 respectively.

Does department hold the data related allocations made to each occupation for both SC 190 and 491 for each state and territory separately, if there is such data available I request to provide that data also.

Your request was received by the Department on 16 December 2020 and has been allocated FOI request number FA 20/12/00687 . 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 here.

Request for an extension of time

During the Christmas and holiday season the Department will endeavour to meet the statutory timeframe for your request. However, during this period, the Department seeks your agreement under s.15AA of the FOI Act to extend the timeframe for the processing of your request by 30 days. You may confirm your agreement to the extension of time by writing to the Department at:

Email to: [DIBP request email]

Or by mail at: Freedom of Information Section
Department of Home Affairs
PO Box 25 Belconnen ACT 2616

If you agree to the extension of time please advise the Department within 14 days from the date of this email. If you are unable or unwilling to provide an extension of time you are not required to respond to this email.
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.
Contacting the FOI Section

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

Kind regards,

FOI Officer
Freedom of Information
Department of Home Affairs
E: [DIBP request email]

OFFICIAL

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OFFICIAL

12 January 2021

Thatikonda, Tharun

BY EMAIL:  [FOI #6977 email]

In reply please quote:

FOI Request:      FA 20/12/00687

File Number:       OBJ2020/39303

Dear Thatikonda, Tharun

Freedom of Information (FOI) request - Access Decision

On 16 December 2021, 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 letter is to provide you with a decision on your
request for access under the FOI Act.

1          Scope of request

You have requested access to the following documents:

I request to release the recent data related to state nomination
allocations sent to states and territories in relation to SC 190 and 491
respectively.

Does department hold the data related allocations made to each occupation
for both SC 190 and 491 for each state and territory separately, if there
is such data available I request to provide that data also.

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          Relevant material

In reaching my decision I referred to the following:

·         the terms of your request

·         the FOI Act

·         Guidelines published by the Office of the Information
Commissioner under section 93A of the FOI Act (the FOI Guidelines)

·         advice from Departmental officers with responsibility for
matters relating to the document to which you sought access

4          Document in scope of request

Section 4 of the FOI Act provides that a document for the purpose of the
Act does not include:

(d) material maintained for reference purposes that is otherwise publicly
available

As a result of our internal consultations with the relevant business area
of the Department who have authority for the matters in scope, we are
informed that the information you have requested is may be sourced
publicly at:

[1]https://immi.homeaffairs.gov.au/what-we-....

Per section 4 of the FOI Act, finding that the information you have
requested is available publically, the Department finds therefore that it
does not hold any document for the purposes of the Act.

5          Decision

The decision in relation to any documents in the possession of the
Department which fall within the scope of your request is as follows:

·         Refuse access in full

Section 24A of the FOI Act provides that the Department may refuse a
request for access to a document if all reasonable steps have been taken
to find the document and the Department is satisfied that the document
does not exist. As such I am refusing access to the documents in scope
based on the application of section 24A(1)(b)(ii) of the FOI Act.

6          Legislation

A copy of the FOI Act is available at
[2]https://www.legislation.gov.au/Details/C.... If you are unable
to access the legislation through this website, please contact our office
for a copy.

7          Your Review Rights

Internal Review

If you disagree with this decision, you have the right to apply for an
internal review by the Department of this decision.  Any request for
internal review must be provided to the Department within 30 days of you
being notified of the decision.  Where possible please attach reasons why
you believe a 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: [3][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 this decision.  You must apply in
writing within 60 days of this notice.  For further information about
review rights and how to submit a request for a review to the OAIC, please
see Fact Sheet 12 "Freedom of information – Your review rights", available
online at [4]http://www.oaic.gov.au/freedom-of-inform...

8          Making a Complaint

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  [5][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.

9          Contacting the FOI Section

Should you wish to discuss this decision, please do not hesitate to
contact the FOI Section at [DIBP request email].

Signed electronically

Position number 60081621

Authorised Decision Maker | Freedom of Information Section

FOI and Records Management Branch

Data Division | Strategy and Law Enforcement Group

Department of Home Affairs

OFFICIAL

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References

Visible links
1. https://immi.homeaffairs.gov.au/what-we-...
2. https://www.legislation.gov.au/Details/C...
3. mailto:foi.reviews@
4. http://www.oaic.gov.au/freedom-of-inform...
5. mailto:[email address]